IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
MARTIN LINDSTEDT, )
Plaintiff, )
)
v. ) No. 96-4262-CV-C-9
)
MISSOURI LIBERTARIAN )
PARTY, SECRETARY OF STATE )
REBECCA M. COOK and the )
STATE OF MISSOURI, et. al., )
Defendants. )
PLAINTIFF’S JOINDER OF ADDITIONAL DEFENDANTS TO SUIT &
AMENDMENT OF PLEADINGS
Comes now the Plaintiff, Martin Lindstedt, to join additional
defendants to this suit at law in accordance with the Scheduling
Order of February 28, 1996. As Plaintiff is not a lawyer, Plaintiff
will follow, insofar as possible, the official Civil Complaint form
used by this Court. Since the Missouri Libertarian Party Defendants
are being charged for new charges arising from the original pleading,
this motion is also an Amendment of Pleadings.
I. Parties to this Civil action:
A. Name and Address of Plaintiff: Martin Lindstedt, Rt. 2
Box 2008, Granby, Missouri 64844. Tel # (417) 472-6901.
B. Original Defendant(s): Secretary of State Rebecca M. Cook and
State of Missouri are presently being sued to determine the
constitutionality of RSMo 115.357. As Plaintiff is not bringing any
additional charges against the Secretary of State or State of
Missouri at this time, and as these Defendants are already joined,
this motion of March 14, 1997 is of peripheral concern to them.
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The Missouri Libertarian Party (hereinafter referred to as the
MoLP) is presently joined as a party to this lawsuit, but since
additional charges are being filed against this defendant and its
officers, the MoLP is also an additional defendant because of this
amendment of pleadings.
C: Additional Defendants (Joined at this time by this motion):
1). The Missouri Libertarian Party (MoLP), Jeanne Bojarski,
James Givens, James Higgins, Dick Illyes, J. Mark Oglesby, and two
unknown John/Dane Doe "Libertarians" under 42 U.S.C. 1983 and 42
U.S.C. 1985(3) for their actions to prevent Plaintiff from running
for governor in the primary on March 17, 1996 under color of RSMo
115.357 on March 17, 1996.
2.) MoLP, Jeanne Bojarski, Robert Bowen, James Givens, Kevin
Goodwin, Eric Harris, Fred Hein, James Higgins, LaDonna Higgins, Dean
Scott Hodge, Phillip Horras, Dick Illyes, Roy Lieberman, Tamara
Millay, Mitchell J. Moore, J. Mark Oglesby, Steve Schaper, Lisa
Schaper, Grant Stauffer, Karl Wetzel, and up to Eight Unknown
John/Jane Doe "Libertarians" under 42 U.S.C. Title 1983 and 42
U.S.C. Title 1985(3) for passing a bill of attainder violating
Plaintiff’s civil rights and conspiracy to violate Plaintiff’s civil
rights on January 19, 1997. Plaintiff also names Thomas L. Knapp
under 42 U.S.C. Title 1985(3) for conspiracy to violate civil rights
of Plaintiff.
3.) MoLP, Jeanne Bojarski, James Givens, James Higgins,
Phillip Horras, J. Mark Oglesby, Mitchell J. Moore, Karl Wetzel, and
up to Six Unknown John/Jane Doe "Libertarians" under 42 U.S.C. Title
1983 and 42 U.S.C. Title 1985(3) for implementing a bill of attainder
on February 16, 1997 to be used against Plaintiff on April 20, 1997.
4.) Plaintiff also provisionally joins the United States
Libertarian Party under 42 U.S.C. 1983 and 42 U.S.C. 1985(3) as
Plaintiff has suspicions as to their involvement in tandem with the
Missouri Libertarian Party in violating and conspiracy to violate
Plaintiff’s civil rights, and failure of a duty to properly
supervise a corporate affiliate, namely the Missouri Libertarian
Party. Plaintiff also expects the parent corporation to
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render surety if the subsidiary corporation (MoLP) and its officers
cannot make surety for damages and penalties to be paid to Plaintiff.
These are the additional defendants that Plaintiff has present
knowledge of and is joining today on the basis of said knowledge.
Plaintiff does not waive right to join additional defendants as they
become known to him.
II. Statement of Claim: (State here as briefly as possible the facts
of your claim. Describe how each named Defendant is involved. Include
the names of other persons involved, dates and places. Do not give
any legal arguments or cite any cases and statutes. If you intend to
allege a number of related claims, number and set forth each claim
in a separate paragraph. Unrelated separate claims should be raised
in separate civil actions.)
1). The present lawsuit already involves Plaintiff suing the Missouri
Libertarian Party as an original defendant because the MoLP took $200
as a filing fee from Plaintiff so that Plaintiff could run for
governor under provisions of Revised Statute of Missouri 115.357.
The MoLP refused to refund the filing fee upon request as was done
in previous years.
Plaintiff has evidence that this refusal was performed in the hope
of Plaintiff not being able, as an indigent, to run in the primary
for governor of Missouri. Plaintiff is now wanting to sue the parties
responsible for conspiring to violate and violation of Plaintiff’s
civil rights to be a candidate for public office. Plaintiff
acknowledges that this is a substantial increase from the original
suit, which originally involved only a refund of the $200 filing fee,
plus Plaintiff’s legal expenses.
The known parties are: Jeanne Bojarski, James Givens, James
Higgins, Dick Illyes, and J. Mark Oglesby. There are also two
unknown John/Dane Doe "Libertarians" who might have responsibility
for this misconduct as well. Plaintiff is joining these abovementioned
individual defendants in a personal and official capacity for
conspiracy to violate and violation of the civil rights of Plaintiff. The MoLP is
being sued in an official capacity.
2.) Not content with the attempt to keep Plaintiff from running
for governor of Missouri, and settling for their victory when
Plaintiff lost the primary race, the newly joindered
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MoLP defendants spent a good deal of time and effort engaged in
conspiracy to remove Plaintiff from his elective Party offices based
on what Plaintiff had to say about the MoLP and his fellow officers
and their doings, Plaintiff’s various political opinions, and
Plaintiff’s daring to sue the MoLP in state and federal court for a
refund of his filing fee. Plaintiff was well aware of this conspiracy
to violate his rights, and aired that knowledge in numerous attempts
to nip this conspiracy in the bud. Plaintiff even went so far as to
send to this Court, and the original Defendants, a copy of an e-mail
message outlining this conspiracy along with some of the names of
the conspirators.
However, on January 19, 1997, at the very first legal state
committee, the following defendants saw fit to carry out their
conspiracy to violate Plaintiff’s civil rights in defiance of federal,
state, and Party law: the MoLP, Jeanne Bojarski, Robert Bowen, James
Givens, Kevin Goodwin, Eric Harris, Fred Hein, James Higgins, LaDonna
Higgins, Dean Scott Hodge, Phillip Horras, Dick Illyes, Roy Lieberman,
Tamara Millay, Mitchell J. Moore, J. Mark Oglesby, Steve Schaper,
Lisa Schaper, Grant Stauffer, Karl Wetzel, and up to Eight Unknown
John/Jane Doe "Libertarians."
Abovementioned Defendants passed a bill of attainder against
Plaintiff for the purpose of removing him from holding elective
office(s) in Newton County and the 32d Missouri Senatorial Districts.
Thomas Knapp, in collusion with other defendants, presented one
version of this bill of attainder which was voted down as "not severe
enough" for the likes of Plaintiff. The original motion, which was
shorter, and proposed by Lawyer Mitchell J. Moore, and called merely
for Plaintiff’s expulsion from the MoLP, was passed by abovementioned
Defendants. Plaintiff suspects that the vote count and the people
allowed to vote were fraudulent. Later, this motion, which was voted
upon, was changed again, probably by Defendant Bojarski.
A copy of this bill of attainder is included for this Court’s
perusal. (Exhibit A.) Plaintiff joins Defendant Knapp only for
conspiracy to violate Plaintiff’s civil rights because Knapp was not
supposed to have a vote on the matter, even though he might have
voted anyway.
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Plaintiff is joining abovementioned individual defendants in a
personal and official capacity for conspiracy to violate and violation
of the civil rights of Plaintiff. The MoLP is being sued in an
official capacity.
3.) At the Executive Committee meeting of February 16, 1997, Plaintiff
is informed that the following Executive Committee officers were
present and voted to activate the new "Bylaw Article 1.3" against its
intended target on April 20, 1997: Jeanne Bojarski, James Givens,
James Higgins, Phillip Horras, J. Mark Oglesby, Mitchell J. Moore,
Karl Wetzel, and up to Six Unknown John/Jane Doe "Libertarians."
Plaintiff is joining these abovementioned individual defendants in a
personal and official capacity for conspiracy to violate and violation
of the civil rights of Plaintiff. The MoLP is being sued in an
official capacity.
Plaintiff has a copy of the notice of activation of this bill of
attainder, marked "official business" which he will present to this
Court. (Exhibit B.)
4.) Plaintiff also provisionally joins the United States Libertarian
Party as a party to this action. Plaintiff has succeeded, in part,
in detaching the national Libertarian Party from involvement in
directly violating Plaintiff’s civil rights under color of a spurious
national LP bylaw. The Chairman of the U.S. Libertarian Party, Steve
Dasbach, did respond to Plaintiff’s warnings, and admitted that there
was no national Party bylaw to expel Plaintiff for an e-mail message
in October 1996 stating that Plaintiff was not voting for some federal
and state Libertarian Party candidates.
However, Plaintiff is unaware of the extent of national
Libertarian Party involvement in this matter of violation of
Plaintiff’s civil rights. Also, as a corporation, the U.S.
Libertarian Party may be responsible for damages caused by an
affiliate corporation, if for no other reason than because of a
failure to adequately supervise the MoLP or because of an obligation
to provide surety for the actions of a subordinate corporation.
Therefore, Plaintiff joins the U.S. Libertarian Party to this suit
in an official capacity.
III. Relief State briefly exactly what you want the Court
to do for you.
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By bringing a suit against the financial assets of Defendants,
Plaintiff intends to punish past misconduct, deter future misconduct,
and recover damages as determined in a court of law.
IV. Do you claim the wrongs alleged in your complaint are continuing
to occur at the present time?
Yes. These newly joindered maniacs might very well choose to vote
away Plaintiff’s political and civil rights on April 20, 1997,
regardless of whether it is illegal or not.
V. Do you claim actual or punitive monetary damages for the acts
alleged in your complaint?
Yes. Plaintiff is already out $200 for a filing fee he should not
of had to pay (the point of this original lawsuit) and legal expenses
involved in pursuing this matter. The amount to be claimed as
Plaintiff’s legal expenses accrued while trying to bring defendants
to justice remains to be seen.
Punitive Damages: The punitive damages to be awarded are properly
the decision of the jury. The purpose of punitive damages are to
punish the defendants and deter future misconduct performed by
defendants and onlookers. However, Plaintiff hereby names a monetary
figure of what he wants:
Against the corporate Defendant MoLP: $100,000 per charge, 3
charges =$300,000.
Against corporate Defendant U.S.L.P.: $100,000 plus responsibility
to pay corporate claims adjudged against MoLP, which MoLP is unable
to pay.
Against personal and official MoLP Defendants: $10,000 per guilty
charge.
VI. Counsel and VII. Administrative Procedure. Has already been
stipulated and decided.
Plaintiff’s Suggestions and Arguments
March 14, 1997 is the deadline for Plaintiff to join
additional parties according to this Court’s Scheduling Order
of Feb. 28, 1997. Plaintiff does not have any discovery in
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as of yet, and Plaintiff can amend pleadings until April 30, 1997.
It is not normally the responsibility of Plaintiff to make
suggestions concerning why joinder should take place at this time.
Rather than have this joining be dismissed out of hand, Plaintiff
will make a few suggestions to oppose joined Defendants’ early
objections.
1. The Missouri Libertarian Party is a state organization currently
recognized as a political party by the State of Missouri. The MoLP’s
charter and/or constitution pay lip service to the notion that it is
supposed to obey state regulation of election activity. The internal
affairs of the MoLP are regulated by RSMo 115.603-115.627. RSMo
115.627 specifically states that the MoLP constitution "may have any
provision not in conflict with the laws of this state." RSMo 130.028
states certain prohibitions to certain discrimination or intimidation
relating to elections. Since the MoLP is a corporation "organized or
existing by virtue of the laws of this state [Missouri]," then any
characterization of the Missouri Libertarian Party as a 'private
organization’ outside the reach of regulation or having full freedom
to do whatever it wants is absurd.
2. A committeeperson elected under the statutes enacted by the
Missouri general assembly "is charged with the duty of performing
certain functions of government," "and is, therefore, a ‘public
official.’" Noonan v. Walsh, 273 S.W. 2d 196, 196. Since both
Plaintiff and most of the joined Defendants are public officials,
most of these actions in dispute are public actions, not private
actions within the boundaries of a private club.
3. This civil rights action joining should be allowed to proceed on
the basis that the State of Missouri has sufficiently involved
political parties in the operation of primary elections that the
conduct of the MoLP could be considered state action. Valenti v.
Pennsylvania, 844 F. Supp. 1015, 1017. Since Missouri has allowed
the MoLP to collect filing fees from the candidates for state and
state-wide office, then the abuse of this duty could be considered
state action, liable to 42 U.S.C. 1983 and 1985(3) remedy.
4. Joined Defendants who are not public officials are not
immune to civil rights violation suits. "To act "under color
of" state law for § 1983 purposes does not require that the
defendant be an officer of the state. It is enough that he is a
willful participant in joint action with the State or its agents.
Private persons, jointly engaged with state officials in
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the challenged action, are acting see "under color" of law for
purposes of § 1983 actions." Dennis v. Sparks, 449 U.S. 24, 27-28,
101 S. Ct. 183, 186.
5. The fact that joined Defendants are pursuing an illegal action by
seeking to deprive Plaintiff of his civil rights by expulsion from
the MoLP and removal from public office is no bar to Plaintiff
receiving due process of law. The purpose of courts are to punish
defendants who have performed or conspired to perform illegal
activities.
The illegality of the MoLP Defendants’ conspiratorial activity is
a given. "In the case of State ex rel. v. Miles, 210 Mo. 127,
109 S.W. 595, the right of a political committee of the city of
St. Louis to oust a member from office was involved. This court then
held that the action of the committee in ousting a member was invalid,
for the reason that the member was elected to his position by the
qualified voters and thereby acquired a quasi official status, of
which he could not be deprived by the committee." State ex rel. Kiel
v. Reichmann, 142 S.W. 304, 314-315 (1911).
6. It should be apparent the joined MoLP Defendants engaged in this
illegal activity to violate Plaintiff’s civil rights under color of
law generated by their power as a state organization because they
were angered at Plaintiff exercising his rights to free speech and
Plaintiff’s suing the MoLP over the refund of Plaintiff’s $200 filing
fee. Plaintiff has a right to criticize the political activities
of "Libertarian" politicians and to sue for relief without having to
worry about being "punished" under color of the latest "law" made up
by a lawless cabal of "Libertarian" party officials who should have
known better. See Exhibit "A" and Exhibit "B."
WHEREFORE, Plaintiff hereby joins additional Defendants (Missouri
Libertarian Party, Jeanne Bojarski, Robert Bowen, James Givens,
Kevin Goodwin, Eric Harris, Fred Hein, James Higgins, LaDonna
Higgins, Dean Scott Hodge, Phillip Horras, Dick Illyes, Thomas
Knapp, Roy Lieberman, Tamara Millay, Mitchell J. Moore, J. Mark
Oglesby, Steve Schaper, Lisa Schaper, Grant Stauffer, The Unites
States Libertarian Party, Karl Wetzel, and up to Sixteen Unknown
John/Jane Doe "Libertarians") to this suit at law in accordance
with this Court’s Scheduling Order of
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February 28, 1997 and Plaintiff amends his pleading to accommodate
this joining of additional defendants.
Plaintiff asks that the scheduled trial proceed and that a jury
hears the facts and law in this matter and that Justice be done.
Respectfully submitted,
-s-
___________________________
Martin Lindstedt, Plaintiff
Certificate of Service
One copy of the foregoing was mailed March 14, 1997 to:
Attorney Mark E. Long, c/o The Missouri Attorney General’s
Office, as counsel for Defendants Secretary of State Rebecca
M. Cook and State of Missouri, Box 899, Jefferson City,
Missouri 65102.
One copy of the foregoing was mailed March 14, 1997 to:
Lawyer Mitchell J. Moore for the Defendant Missouri
Libertarian Party, 1210 West Broadway, Columbia, Missouri
65203 and for Lawyer Mitchell J. Moore joined on March 14,
1997 in his personal and official capacities as a defendant.
For the additional named defendants, copies of the
foregoing were mailed on March 14, 1997 to: Jeanne Bojarski
and Grant Stauffer, 49 E. 32nd St., Kansas City, Mo. 64111-
1105; Robert Bowen, 1908 N.E. Peters Dr., Lee's Summit Mo.
64063; James Givens, 4182 N. Riviera Dr. Columbia Mo. 65202;
Kevin Goodwin, 3515 Danvers, Columbia Mo. 65203; Eric
Harris, 1848 High Sun Dr., Florissant Mo. 63031; Fred Hein,
3668 NW Briarcliff Rd., Kansas City Mo. 64116-1761; James
Higgins & LaDonna Higgins, 11944 Craigview Dr., St. Louis
Mo. 63146-5428; Dean Scott Hodge, 3301 Greenbridge,
Bridgeton Mo. 63044; Phillip Horras, 1530 E. Berkley,
Springfield, Mo. 65804; Dick Illyes, 2022 Hiawatha, St.
Louis Mo. 63143; Thomas Knapp, 2956 E. Stanford #108,
Springfield, Mo. 65804; Roy Lieberman, 3655 Brookville Dr.
#6, Saint Louis, Mo. 63125; Tamara Millay, 2224 Normandy
Drive, St. Louis, Mo. 63121; J. Mark Oglesby, 304 W. Erie
St. #a, Springfield, Mo. 65807; Steve Schaper & Lisa
Schaper, 5036 So. Grand Blvd., St. Louis Mo. 63111-1612; The
United States Libertarian Party, 2600 Virginia Avenue NW Ste
100, Washington, D.C. 20077-6867; Karl Wetzel, 210 NE 58th
St. #19, Kansas City Mo. 64118.
-s- Martin Lindstedt
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.
Commentary: Under normal circumstances, the above-mentioned Nazis masquerading as "Libertarians" would be safe. Usually the courts do not want to get involved in internal political affairs. It wasn't until they crossed over the unmarked, but understood, line dividing internal party matters and massive civil rights violations that they went beyond the pale. Their idiotic Executive Committee decision on Feb. 16, 1997 to implement their conspiracy did exactly that. When I received their "official business" letter in early March, I knew I had them.
According to Judge Bartlett's previous Order and the Federal Rules of Civil Procedure, I only had to joinder the criminals on March 14, 1997; not amend pleadings. However, I did not want them wiggling off the hook in the off chance LawyerMore had enough sense to file a half-way intelligent motion to dismiss. So the joinder had to include a firm amendment of pleadings to "hold" the joinder, like roots hold dirt.
To successfully prove up a 42 U.S.C 1983 or 1985 civil rights lawsuit, it is necessary to prove two things: (1) that the malefactor(s) are state agents, and (2) that the misconduct was a direct violation of constitutional and civil rights. If the NSDAMoLP-PP was (1) a "private club," or if they had decided to hold a "recall" election rather than to (2) directly punish me for my political speech and for daring to sue them -- basic civil rights -- then my joinder would fall apart.
This case demonstrates the need for effective legal research. Initially, the cases in annotated form seemed as though they would be against me. To successfully sue takes moral courage to see if the law is against you, and take cognizance that the course of "justice" might very well rule against you. Upon reading the cases, and seeing the subtle workings and rationals behind them, after several hours of thought, I found a plan of attack that would firmly set the criminals on the hook.
No court, wanting to seem infallible, makes sweeping generalizations in any case. Instead, the courts always hedge their bets. No court will let the LibberFascists off, because they will not want to say: "A political party can do whatever the hell it wants to do." If they did that, then they would be removing themselves from power to ever again decide such matters. Judges have a will to power as great -- and as dishonest -- as "Libertarians."
The greatest damage to the Libertarian Party is political, not judicial. I can imagine that the Democrats, Republicans, and Socialists, having received a lot of hypocritical invective against "statism" from LibberFascists will be happy to drag these liars back down to their level. Nobody respects a liar or a hypocrite, and these "Libertarians" have firmly shown their quality.
Libertarian ideology is wonderful -- when applied. For the good of the Party, it became necessary for me to pile up the deadwood, and set it afire for new growth. Ten or twelve criminals had to go, and I added six or eight fools in order to show others the consequences of their actions. Hopefully the rest of the Jone/Jane Doe "Libertarians" will remain unknown so I can proceed against the caught criminals and let the idiots off the hook after a good lesson.
After having through trial and political pressure removed the criminal and mattoid element from the Missouri Libertarian Party, it will finally be worthwhile for the local grass-roots, county and district, to actively get something accomplished without fear that the state organization will make up some decree undoing their efforts. This is why the LibberFascists and LibberToonians had to go -- hoist upon their own petard.
.
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