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.
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