How to Restore American Liberty

Southern Heritage - a Foundation of American Liberty 

 

Article Index

Fox News December 24, 2013: Too cold for shepherds in December

The Real Lincoln - Despot

Is the Constitution Really Inimical To States Rights? - Part Fourteen

MYTH: Too cold for shepherds to Tend Flocks in December - Part 2

Gun Control Coming to the Senate Floor on Monday

74th Anniversary of 'Gone with the Wind' premiere

The First Thanksgiving Day - flyer

The Death of Jefferson Davis - December 6 1889

Marietta Daily Journal - on The First Thanksgiving

Demonstration against Lindsey Graham & Southern demographic displacement

Stephens County sued for harassing Confederate Flag supporters - GOOD!

For immediate release    Contact: Dr. Robert Clarkson 864-356-5111
Larry Leitgeb 706-886-2883
Nelson Waller 864-225-0882, 864-356-9966

The above mentioned Southern heritage activist leaders have filed suit on a handful of Stephens County (GA) public school and court personnel.

Following a Confederate flag demonstration at Stephens County Middle School in March 2004, its principal, Brenda Kelley, told the local weekly that she had received "death threats" from local Confederate flag supporters –a group which is publicly well-known to include the above named plaintiffs. Kelley later repeated this false extreme and outrageous accusation under oath at a criminal trial in order to stampede a jury against a defendant in a criminal case. The local prosecutor, sheriff and Judge heard her commit perjury and did nothing. They are named in the suit (see Complaint for Damages, attached).

Southern heritage defenders Larry Leitgeb, Robert Clarkson, Nelson Waller and Dan Roberts filed a lawsuit Monday, March 6, 2006, for intentional infliction of emotional distress, slander, libel, defamation, group defamation, civil rights act violations, etc. The plaintiffs seek one million dollars in punitive or punishment damages.

Lead Plaintiff, Brother Larry, of Toccoa, GA in a public announcement stated: "I’m doing this because I’m a Patriot. I love my country and I consider it my duty to expose evil, wickedness and corruption wherever it might occur especially in government just as our great American forefathers did at great costs."

Long time political activist Dr. Robert Clarkson of Anderson SC stated in a press release:  "These horrible statements of the middle school principle constitute outrageous conduct which is words or deeds intended to purposefully hurt those falsely accused. She knew that these statements were not true and would hurt persons in the community known to be supporters of the Confederate flag. For her wrong doing she needs to compensate her victims and receive financial punishment."

 
Well known Southern heritage spokesman and chronicler Nelson Waller of Anderson SC stated: "It’s time that our public servants learn the meaning of responsibility and accountability. This suit is going to prove that self-respecting Southerners have rights too – Constitutional, civil, you name it."
 
A draft copy of the lawsuit is posted on Dr. Clarkson’s website (and below), http://www.patriotnetwork.info. Click on Lawsuits on the left menu.

For more information: http://www.patriotnetwork.info

Email This page

United States
District Court
Northern District of Georgia,

Lawrence Leitgeb,                                                              }

Dan Roberts,                                                                   }

Nelson Waller,                                                                 } Docket No: ________________

Robert Clarkson individually, and                                              }                      

Robert Clarkson, as representative of the class of flag supporters,            }

  Plaintiff                                                                    }

                                                                               }

 V.                                                                            }        Complaint for Damages 

                                                                               }       [jury trial demanded]

Brenda Kelly, Former Principal of Stephens County Middle School                } 

Gary Steppe, Superintendent of Stephens County Schools                         } 

Jerry Steele, Stephens County School Board Chairperson                         }

Curtis Waters, Stephens County School Board Vice Chairperson                   }

Dr. Elizabeth Pinkerton, Stephens County School Board member                   }

James Thomas, Stephens County School Board member                              }

Debbie Horton, Stephens County School Board member                             }

Elaine DeFoor, Stephens County School Board member                             }

George Payne, Stephens County School Board member                              } 

Stephens County School System                                                  }

Michael Crawford, District Attorney for Mountain Judicial Circuit              }

Richard Bridgeman, Assistant District Attorney for Mountain Judicial Circuit   }

Tom Law and The Toccoa Record, Inc                                             }

  Defendants.                                                                  }

Plaintiffs Lawrence Leitgeb, Dan Roberts, Nelson Waller, Robert Clarkson, individually  and as representative of the class of flag supporters, (hereinafter referred to as "Plaintiffs"),  file this Complaint for Damages  against Defendants Brenda Kelley, Gary Steppe, Jerry Steele, Curtis Waters, Dr. Elizabeth Pinkerton, James Thomas, Debbie Horton, Elaine DeFoor, George Payne, the Stephens County School System, Mr. Michael Crawford, Richard Bridgeman, Tom Law and The Toccoa Record, Inc, (hereafter Defendants) each of them in their personal and official capacities:

JURISDICTION AND VENUE

This action is brought pursuant to Title VII of the Civil Rights Act of 1964, codified at 42 U.S.C. § 2000e et seq. (Title VII), the Civil Rights Act of 1866, codified at 42 U.S.C. § 1981(§ 1)81), brought pursuant to 42 U.S.C. § 1983, all as amended by the Civil Rights Act of 1991, the Civil Rights Act of 1871, codified at 42 U.S.C. § 1983(§ 1)83) for violations equal protection and due process clauses of Fourteenth Amendment to the United States Constitution to redress Plaintiff's rights to be free from harassment, false accusations and retaliation from high-level government officials under color of law in their official capacity.

 The Jurisdiction of this Court is invoked pursuant to 28 U.S.C. 1331 (federal law), section 1332 (diversity), 28 U.S.C. 1343 (CRA), etc. The amount in controversy is more than $1000,000. Venue lies in this Court under 28 U.S.C. 1391(b) and this cause resides in the Federal Courts because Robert Clarkson and Nelson Waller reside in the State of South Carolina.  The other Plaintiffs are residents of Stephens County. The defendants are all residents of Stevens County or nearby. Moreover, the tortious acts listed below were committed in this District.

Defendants except Tom Law Editor and The Toccoa Record, committed the below listed wrongful torts as official acts of their position and therefore, their employer Stephens County School System is financial responsible for their wrongful acts.   Defendant Stephens County School System (school system) is a government entity, a county school district and a political subdivision existing under the laws of the State of Georgia.  The school system knew about the tortuous acts of Defendant Brenda Kelley, failed to reprimand her and in fact promoted her and therefore approved and ratified her actions.  Further the school district was negligent in the hiring, instructing and supervision of Defendant Brenda Kelley and therefore it is financially responsible for Kelley’s action as respondeat superior.

Introduction:

1. This action is for damages for the intentional infliction of emotional distress, slander and libel as a direct result of statements made by Defendant Brenda Kelley.  Defendant Brenda Kelley engaged in outrageous conduct in making these statements. These statements implied criminal behavior on the part of the Plaintiffs.  These statements were wholly unsupported and appear to have been invented for the sole purpose of ruining the reputations of the Plaintiffs as well prejudicing the public against their cause and belief systems.

2. These statements were also made under oath in criminal trial  prejudiced a jury and causing  Plaintiff  Lawrence Leitgeb to be incarcerated and to suffer loss of reputation associated with a felony charge. This repeated statement also caused greater damages to the Plaintiffs.

3. These statements made by Defendant Brenda Kelley appeared on the very top of the front page of the local newspaper.  It is inconceivable that these outrageous statements when combined with the nature and the seriousness of the accusation would not have been on the forethought of her superiors, which include the board of education and the superintendent. After Defendant Brenda Kelley retired from her position as Principal, she was hired into the very responsible position to develop the secondary curriculum.  This shows that her superiors, the school board and Defendant Gary Steppe, approved of her statements and her behavior.

4. These statements made by Defendant Brenda Kelley appeared on the very top of the front page of the local newspaper.  It is inconceivable that these outrageous statements would not have captivated the undivided attention of the District Attorney's Office, especially when combined with the nature and the seriousness of the accusation.   In addition, the Assistant District Attorney Defendant Rick Bridgeman was present when Defendant Brenda Kelley repeated these outrageous statements intended to cause emotional distress.  In addition, Plaintiff Robert Clarkson brought the outrageousness of these statements to Defendant Bridgeman during a recess in the trial. The awful acts Ms Kelley complained of were never reported to the authorities, no police report was made, and these statements were never investigated.

5. The Defendant Bridgeman knew very well that Ms. Kelley’s sworn testimony was false -- that Ms. Kelley committed perjury -- and he failed to uniformly enforce the laws of the land by allowing false testimony in the courtroom.

6. Defendant Michael Crawford, District Attorney for Mountain Judicial District, failed to reprimand the poor performance of his subordinate, Richard Bridgeman after he was informed in writing of Bridgeman’s misconduct and thereby he approved and ratified his actions. Crawford was negligent in the hiring, instructing and supervision of Bridgeman and therefore he is financially responsible for Bridgeman’s action (or lack thereof) as respondeat superior.

7. On Feb ________-in another interview with The Toccoa Record, Defendant Brenda Kelley again made outrageous accusations intended to inflict emotional distress on Plaintiffs Leitgeb, Clarkson and all flag supporters for the purpose of embarrassing the Plaintiffs, turning public opinion against them in order to deny them their day in court.

8. The Plaintiffs hereby assert the following claims against Defendant Brenda Kelley in the above entitled action:

I.  Tort - Intentional Infliction of Emotional Distress - two counts.

II. Tort - Libel and Slander - two counts.

III. Perjury - Lying under oath.

IV. Violation of 42 U.S.C. § 1983 - deprivation of civil rights;

V. Violation of 42 U.S.C. § 1985 Conspiracy to interfere with civil rights: Obstructing justice; intimidating party, witness, or juror.

The Plaintiffs claim damaged against Defendants Gary Steppe, School Superintendent and each member of the School board, based on the principle of "Respondeat Superior" because of their negligent and wrongful hiring and supervision of Ms Kelley and Superintendent Steppe. All of the school board read the article on the front page of the Toccoa Record, knew that Ms Kelley was making false statements against The Plaintiffs and they did nothing to correct her wrongdoing.

The Plaintiffs hereby assert the following claims against Defendants Michael Crawford, Richard Bridgeman:

I. All of the above due to their failure to perform their office and uphold their oath of office in applying the law without prejudice.

II. Violation of the Fourteenth Amendment - failure to provide the equal protection of the laws.

THE PARTIES

9. Plaintiff Lawrence Leitgeb is a Resident of the State of Georgia, although formerly a Northerner, Leitgeb has adopted the values normally associated with Southerners and Dixie.  In response, the Southerners have adopted him. Leitgeb was very active in the organization, publicity, computer work for many flag rallies in Stevens County and the vicinity. He is widely known as a supporter of Southern Heritage, States Rights and symbols of such.

10. Plaintiff Robert Clarkson is a Resident of the State of South Carolina.  He is the chief organizer of the Southern Rights Association, values his heritage, family history and symbols of his heritage including the Confederate flag. Clarkson was the main speaker at the March 2004 rally.  He organized many flag rallies all across the South East including two in Toccoa. Clarkson is widely known as a Confederate flag suppo rter nationwide and in Stephens County. Clarkson’s wife and her family were all born and grew up in Stephens County or that area and read the Toccoa Record or are familiar with it and its fine reputation.

Clarkson brings this case as an individual and as the representative of the class of flag supporters, which are the people in the Southern states and Stephens County who are politically active in the political fight to preserve symbols of the Old South in places of honor. In particular, in Georgia the flag supporters favor keeping the Confederate flag in the State of Georgia’s official flag or returning it there.

11. Plaintiff Dan Roberts is a resident of the State of Georgia.  He has organized many flag rallies and is directly responsible for the flag rally that took place in March of 2004 outside the Middle School where Ms. Brenda Kelley was Principal at the time. He co-sponsored and assisted in flag rallies organized by the Southern Rights Association [hereafter SRA]. He is widely known in that area as a flag supporter.

12. Plaintiff Nelson Waller is a resident of the State of South Carolina and has assisted Clarkson and other at organizing public rallies and demonstrations in support of Southern heritage and its symbols. He is an avid supporter of Southern history and heritage, well known at such, and leads the signing and music at most flag rallies.

All of the plaintiffs are widely know as supports of Southern heritage, history and the symbols of such, including the Confederate flag. All of the Plaintiffs are active organizers, promoters and participants in numerous Flag Rallies  in Stevens County, and the states of Georgia and South Carolina. All of the Plaintiffs believe in and support the political principals of limited government, low taxes, Federalism or States Rights and the Right of the People to Be Left Alone.

All of the Plaintiffs were aware of the newspaper articles quoting Ms Kelley and her outrageous statement made under oath in the Leitgeb criminal trial. All of the Plaintiffs suffer distress from Kelley’s slander, libel and outrageous conduct.

All of the Plaintiffs knew that Ms Kelley’s quotation in the Toccoa Record and the trial were directed toward them as flag supporters and that the community at large knew that Ms Kelley was talking about them.

13. Defendant Brenda Kelley, former Principal of the Stephens County Middle School, is a Resident of the State of Georgia residing at 126 Travelers Pt, Toccoa, GA 30577 - (706) 886-5430.  She is now employed as a curriculum specialist for the secondary school within the Stephens County School System.

14. Defendant Gary Steppe is a resident of the State of Georgia, is currently the Superintendent of the Stephens County School system and help such position at the time of the incident complained of.

15. Defendants Jerry Steele, Curtis Waters, Elizabeth Pinkerton, Jimmy Thomas, Debbie Horton, Elaine Defoor, George Payne are members of the Stephens Country School Board and responsible for the hiring and supervision of Superintendent Steppe and Principal Kelley. All are presumed to be residents of Georgia.

They failed their duty and they were negligent in the proper supervision and training of Defendants Steppe and Kelley and therefore are libel for their tortious acts. They approved and ratified the actions and conduct of Steppe and Kelley by continuing their employment after they read the newspaper article which they knew was libelous, false and intended to inflict emotional damage to all flag supporters.

16.  Plaintiffs have exhausted all available administrative remedies by writing all defendants and other government officials a series of letters. All of the Defendant board members, Defendant Bridgeman and Defendant Brenda Kelley have never responded to the inquiries.  The only response was from Defendant Brenda Kelley who, without answering the inquiries, responded with more outrageous conduct with intent to inflict emotional harm by accusing Plaintiffs Lawrence Leitgeb and Robert Clarkson of harassment.  This unfounded accusation was disseminated by in The Toccoa Record where she was given another front page article complete with her picture. 

17. Plaintiff has met the requirements of filing an action under Title VII and this action is timely filed.

FACTS

18. On Tuesday March 23, 2004, the Toccoa Record newspaper quoted Defendant Brenda Kelly, Principal of the Stephens County Middle School, as saying that she received an anonymous e-mail stating: "Here I come.  The time is near. Put the flag back and I will not kill you in your office."

Her quote was in a newspaper article headlined "principal receives death threat" with her picture and a caption saying, "Stephens County Middle School principal Brenda Kelley has received a threatening e-mail concerning the Confederate flag issue at her school."

Beneath the headlines was a huge picture of the Flag Rally at Stephens County Middle School with Plaintiff Clarkson in the center.

19. In the Trial State of GA vs. Lawrence Leitgeb case number 04-CR-270C Superior Court of Stephens County dated Dec 16, 2004, Ms Kelley testified under oath the following:

"That was the line that I had put up with the flyers that came to our school, the hate mail that came to me personally threatened my life, where I could not even go up town on school business that I didn’t come back to my computer with all this stuff on my computer about killing me and my family."

20. Defendant Kelley failed to report these awful death treats to any law enforcement agency, to her employers or any authorities except the local newspaper. No police report was filed, no investigation was initiated, and no protection was sent to Ms Kelley or the endangered children.

Undoubtedly, no action was taken because the school board and authorities did not believe her. They knew that she made a horrible false ACCUSATION AGAINST THE FLAG SUPPORTERS IN THE COMMUNITY, that she libeled honorable men and that she inflicted great emotional distress on all flag supporters.

The threat quoted on the front page of The Toccoa Record clearly indicates that little children were at risk.  Any law enforcement officer worthy of his post should be concerned over a threat not only to a public official, but also to precious children. However, the District Attorney and his assistant Bridgeman did nothing.

21. Plaintiff Lawrence Leitgeb has asked the Sheriffs office on many occasions to provide a duplicate of the police report where Defendant Brenda Kelley reported this incident to his office.  The Sheriff's office is either unable or unwilling to comply with this request. Plaintiff Lawrence Leitgeb has asked the Sheriff's office on several occasions what has become of this email threat and whether they have caught the culprit.  The Sheriff's office is either unable or unwilling to comply with this request.

22. There is no indication that this serious crime, the threatening of a public official, was ever investigated.  There is no indication that Defendant Brenda Kelley reported this incident to her superiors, o r for that matter to any other entity other than The Toccoa Record.  There is no indication that extra law enforcement was assigned to the school or even put on alert.  There is no indication that the current officers assigned to the school received any over-time to deal with this threat.  There is no indication that any protective measures where taken whatsoever.

23. On Tuesday, February 28, 2006, Defendant Brenda Kelley's picture once again appears on the front page of The Toccoa Record along with an article entitled, "Deputies investigate letters harassment."  The article reports that ‘she has received harassing letters from a Garland Road man, Lawrence "Larry" Leitgeb.’  The article proceeded to remind the public of the details of his trial where her false testimony caused damages to Leitgeb and the Plaintiffs.

24. By hiring Defendant Brenda Kelley back into the responsible position of designing the school's secondary curriculum, the board members along with Superintendent Gary Steppe placed their stamp of approval on Defendant Brenda Kelley's conduct.

Count I -INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

25. Plaintiffs hereby incorporates each and every preceding paragraph as if set forth fully herein.

For the first count, Defendant Brenda Kelley intentionally, maliciously, wantonly and in gross and reckless disregard for the Plaintiffs' reputation and the reputation of their cause and beliefs engaged in extreme and outrageous conduct by inventing a situation whereby she could accuse flag supporters of an unfounded outlandish criminal acts. 

The Flag Rally on March ___, 2004, merely wished to call public official Kelley to account based on the fact that Defendant Brenda Kelley exhibited intolerance of Southern values and subsequently covered up her wrongdoing by denying several incidents that many credible witnesses said took place. Ms Kelley had violated the First Amendment Rights of her students by making them remove symbols of Southern Heritage. The Plaintiffs had Constitutional rights to have flag rallies and demonstrations without high-level public officials calling in phony death treats to the news media.

An old fashioned phrase describing Defendant Brenda Kelley's behavior is "dragging the red herring."  By inventing an outrageous accusation involving a criminal act that was sure to grab front page headlines using another victim in The Toccoa Record, she successfully took the public's focus off her own improprieties.

Kelley purposefully, maliciously, wrongfully made these two false and outrageous accusations of serious crimes against Plaintiffs and all flag supporters to intentionally inflict emotional distress on them.  Ms. Kelley’s words and conduct was outrageous, beyond decency, and hurtful.

Because of her wrongdoing, the Plaintiffs have suffered emotional distress, anxiety, and loss of sleep, humiliation, embarrassment, hurt, unnecessary stress, and loss to their good reputation, etc. Defendants are liable to Plaintiffs for the intentional infliction of emotional distress, in that the actions of Defendant Kelley  were so terrifying and insulting as to naturally humiliate, embarrass, and frighten Plaintiffs.

Defendant Gary Steppe and each member of the school board share responsibility for the above violation of civil rights by means of "Respondeat Superior."  Having the power to reprimand or even fire Defendant Brenda Kelley, they did not do so.  Instead, after she announced her retirement, they hired her back to a very responsible position.  These same Defendants are also liable for the misconduct, inadequate training, failure to train, negligent hiring, negligent retention, and negligent supervision of its employees.

At all times herein mentioned, each of the defendants named herein was the agent, agency, and or employee of each of the remaining defendants, and in doing or falling to do the things hereinafter alleged was acting in the purpose and the scope of such agency, and/or employment.

Defendant Richard Bridgeman proved that Plaintiff Lawrence Leitgeb is a sensitive person at the trial during cross-examination and yet remained silent while Defendant Brenda Kelley spoke of death threats from organizations that Lawrence Leitgeb belonged to and did not consider the effects her outrageous statements would have on a sensitive person nor considered the effects on the jury.

26. In Feb, Defendant Brenda Kelley was quoted in The Toccoa Record and accused Plaintiffs Lawrence Leitgeb and Robert Clarkson of harassment for seeking administrative remedy, a routine procedure.

27. Defendants Tow Law and The Toccoa Record, Inc. copied, distributed and published the outrageous statements of Ms Kelley and made them available to the community at large.  Mr. Law, Editor of said fine bi-weekly, either quoted Ms. Kelley correctly and is a witness to her wrongdoing or, he manufactured her words and thusly is liable to Plaintiffs for damages.

Count II- LIBEL AND SLANDER

28. Plaintiffs hereby incorporates each and every preceding paragraph as if set forth fully herein.

29. Defendants Kelley’s two statements were false, known by her to be false, reckless, malicious, hurtful, dangerous, etc. Plaintiffs suffered a loss to reputation because of this front-page headline news created by Defendant Brenda Kelley.  In particular, the political association of Plaintiffs’ suffered a loss of membership immediately after Defendant Brenda Kelley's unfounded accusations.

Also, each Plaintiff and all flag supporters suffered humiliation, embarrassment, distress, stress, shame, anxiety, and loss of respect from their families and in the community.

Defendant Gary Steppe and each member of the school board share responsibility for the above violation of civil rights by means of "Respondeat Superior."  Having the power to reprimand or even fire Defendant Brenda Kelley, they did not do so.  Instead, after she announced her retirement, they hired her back to a very responsible position.  These same Defendants are also liable for the misconduct, inadequate training, failure to train, negligent hiring, negligent retention, and negligent supervision of its employees.

30.  Defendant Brenda Kelley accused Plaintiffs Lawrence Leitgeb and Robert Clarkson of harassment for seeking administrative remedy, a routine procedure.

Court III—Perjury and False Imprisonment

31. Plaintiffs hereby incorporates each and every preceding paragraph as if set forth fully herein.

32. Defendant Brenda Kelley repeated these same outrageous accusations under oath in a court of law thereby causing the wrongful conviction of Leitgeb and his illegal incarceration for 4 months. Her claim of death threats quoted above, were intended to cause emotional distress in all flag supporters including Plaintiffs but particular to ?stamped the jury against Leitgeb.  Perjury in a criminal case by a public official is a violation of the Civil and Constitutional Rights of all Plaintiffs.

Defendant Bridgeman heard the false testimony in the criminal case and just sat there and did nothing therefore supporting and encouraging perjury and false imprisonment. When called upon by Plaintiff Clarkson to do something about this crime committed in front of him, he threatened Clarkson. By allowing false testimony to support a conviction, wrongfully sending Leitgeb to jail and threatening Clarkson who had requested justice, Bridgman committed the offence of misprision of felony and violated the civil and Constitutional Rights of all flag supporters as well as Leitgeb and Clarkson.

Plaintiff Leitgeb was unlawfully convicted. Plaintiff Leitgeb was deprived of his personal liberty during his subsequent prison sentence as a result of Defendant Kelley’s false testimony.

As a direct and proximate result of the false conviction and imprisonment, Plaintiff Leitgeb suffered bodily pain, was greatly mortified, shamed, and humiliated and his feelings injured, and suffered a loss of earning potential, and as a proximate result thereof Plaintiff Leitgeb sustained injuries and damages as hereinafter alleged.

Count IV --VIOLATION OF CIVIL RIGHTS -Civil Action for Deprivation of Rights

33. Plaintiffs hereby incorporates each and every preceding paragraph as if set forth fully herein.

Defendant Brenda Kelley, by making outrageous statements sought to deny Plaintiffs right to exercise their freedom of speech, a right "secured by the Constitution and laws."  By intimidating and humiliating the Plaintiffs and their beliefs, Defendant Brenda Kelley sought to render the Plaintiffs exercise of free speech meaningless by turning public opinion against the Plaintiffs and their positions. Defendant Brenda Kelley acted with malice and reckless indifference to Plaintiffs' federally protected rights. 

She intended to wreck the political demonstration of the Plaintiffs by falsely accusing the Plaintiffs of death threats.  Since she was a high government official making an accusation of such seriousness under the color of law, she was able to ruin the First Amendment demonstration to cause one activist to become arrested and to deny freedom of speech and to all the participants.  The Plaintiffs have a right to be free from excessive and unreasonable state action.  Her false accusation coming from a public official in her official capacity was by itself a depravation of civil rights.

Defendant Gary Steppe and each member of the school board share responsibility for the above violation of civil rights by means of "Respondeat Superior."  Having the power to reprimand or even fire Defendant Brenda Kelley, they did not do so.  Instead, after she announced her retirement, they hired her back to a very responsible position.  These same Defendants are also liable for the misconduct, inadequate training, failure to train, negligent hiring, negligent retention, and negligent supervision of its employees.

Defendants have willfully and wantonly disregarded Plaintiffs' rights, and Defendants' actions against Plaintiff were undertaken in bad faith.

34.  At all times mentioned herein, Defendants had a duty to observe, recognize and uphold the civil rights and the First Amendment rights of the Plaintiffs which were protected by the U.S. Constitution and the Constitution of the State of Georgia.  Defendants knew or reasonably should have known that their actions violated Plaintiffs’ rights under the First, Fifth, and Fourteenth Amendments.  Plaintiffs are entitled to damages as a result of the Defendants breach of their Constitutional rights.  Defendants showed reckless or callous disregard of,  or indifference to, the rights of Plaintiffs and flag supporters.

At all times herein mentioned, Defendants were acting within the course and scope of their employment as school officials or law enforcement officials under the color of state law.  At all times herein mentioned, Defendants at all times were state actors.

Count V --VIOLATION OF CIVIL RIGHTS- Conspiracy to interfere with civil rights

35. Plaintiffs hereby incorporates each and every preceding paragraph as if set forth fully herein.

36. On or about Tuesday, February 28, 2006, Defendant Brenda Kelley intended to deny the Plaintiffs their rightful day in court by seeking to humiliate the Plaintiffs, using local law enforcement to carry out her own personal vendetta, and turning public opinion against the Plaintiffs.

37. Failure to Provide the Equal Protection of the Laws. No evidence exists, let alone indication, that either the Sheriff's Office or the District Attorney's Office investigated this outrageous accusation in any manner.  This indicates one of the following:

A. The DA does not care about the life of Defendant Brenda Kelley or the lives of children whose parents live in Stephens County and elected him into office.

B. The DA did not take Defendant Brenda Kelley's accusation seriously because he knows she has a reputation for not telling the truth.

The latter being true, then the DA sat idly by while Defendant Brenda Kelley lied on the witness stand and did nothing to prevent an injustice and another very serious crime, lying under oath/perjury at a criminal trial.

"Equal protection of the laws" means more than a mere absence of governmental action designed to discriminate, and arbitrary quality of thoughtlessness can be as disastrous and unfair to private rights and public interest as perversity of a willful scheme.  Hawkins v. Town of Shaw, Miss., [Miss. 1972] 461 F.2d 1171.

DAMAGES

As a direct and proximate result of the conduct and damages of Defendants, Plaintiffs have suffered the following injuries and damages:

Mental anguish and mental distress in the past and future;

lost earnings due to  mental distress, loss of reputation, etc

damages to earning capacity;

38. Based upon the foregoing conduct and actions of defendants, Plaintiffs are entitled to punitive and exemplary damages, as provided by law of not less than $1,000,000.

PRAYERS FOR RELIEF

WHEREFORE, Plaintiffs demand a trial by jury and that the following relief be granted:

a. That Plaintiffs be given an award for unnecessary emotional distress.  This includes the pain and suffering associated with going to prison unjustly, as is the case with Plaintiff Lawrence Leitgeb.  Plaintiffs have suffered emotional pain, mental distress, humiliation, loss of social standing, inconvenience, mental anguish, loss of enjoyment of life, loss of income, and benefits of employment.

b. That Plaintiffs be granted an award for suffering Libel and Slander.

c. That Plaintiffs be granted an award for suffering a violation of their civil rights having experienced a prejudice because of their Southern values.  Law enforcement did not enforce the law uniformly...experienced a prejudice ... discrimination... based on geographic location....their southern heritage, values, and beliefs.

d. That Plaintiffs be awarded pecuniary damages to discourage this behavior again and to give our public officials a reminder that they are accountable to the people and that they "derive their just powers from the consent of the governed."  A special pecuniary damage award is sought against Defendant Brenda Kelley for the disgraceful act of lying under oath to a court of law.

e. That Defendants be ordered to publish and pay an advertisement in the Toccoa Records and other area newspapers correcting the false and malicious statements of Brenda Kelley and to undo the negative publicity of against Plaintiffs cause and Southern beliefs.

f. That Plaintiffs receive judgment from the Defendants for the above and general and compensatory damages not less than $1,000,000 and punitive damages greater than $1,000,000.

g. That Plaintiff receive from Defendants all fees, attorney’s fee, cost of this action; and such other and further relief that the Court deems fit and just.

Source: http://www.patriotnetwork.info

 

 

Print This Page

Contribute

Southern Party of Georgia
725 Ridgeview Road
Morganton Georgia 30560
http://www.spofga.org

Email This page

How To Stay Informed

 
 

 More Information On Defending Southern Heritage.

There are currently 15 citizens logged into the Southern Party of Georgia web site. Help spread the word and there will be more. Political correctness run amok will not end until we stop it.

Spread the word, recommend this page to a friend

Previous    Home     Next

Email the Southern Party of Georgia

This page sponsored by:

Political Campaign Advertising on Emery Boards by Heritage Advertising


Political Campaign Advertising on Emery Boards by Heritage Advertising

 

Buy Southern! 
Support Businesses that support Southern Heritage.