Plaintiff's Counter-Motion to Proceed to Trial vs. MSSC

February 16, 1996

~~~~~~~~~~..........~~~~~~~~~~

Reply to Defendant's Motions

            IN THE UNITED STATES DISTRICT COURT FOR THE
                    WESTERN DISTRICT OF MISSOURI
                        SOUTHWESTERN DIVISION
                                                      Filed at 9:00 a.m.
                                                      February 21, 1996

MARTIN LINDSTEDT,             )
              Plaintiff,      )
                              )
v.                            )    No. 95-5070-CV-SW-1
                              )
MISSOURI SOUTHERN             )  
STATE COLLEGE, et al.,        )
              Defendants.     )


     PLAINTIFF'S RESPONSE TO DEFENDANT'S ( MISSOURI SOUTHERN STATE 
     COLLEGE, EVERETT L. HOWARD, ANDREW LOVE AND DOUGLAS CARNAHAN ) 
                         MOTIONS TO DISMISS

   Comes now the Plaintiff, Martin Lindstedt, to answer the abovementioned
Defendant's replies and motions to dismiss and to move the Court to let 
this case proceed to trial.

  1. Defendants ask for this case to be dismissed under Statute of 
Limitations grounds as set forth in RSMO Section 516.130.
  RSMo Section 516.130 states which actions can be prosecuted within 
three years of the cause for complaint. Plaintiff filed a complaint on 
November 2, 1995, within two  years of when Defendants set forth in 
motion Plaintiff's cause of action.
  Secondly, the criminal complaint underlying this action may be 
kidnapping, a felony with a Statute of Limitations greater than three 
years, and as accessories to this felony, the above Defendants can be 
sued civilly for a far greater period of time than three years.

   2. Defendants ask for Count 1 of Plaintiff's complaint to be dismissed
because it fails to state a cause of action and because it fails to set 
out all the necessary elements of false imprisonment.
   This is, of course, absurd. The civil complaint form used by this 
Court has four lines and instructions to be brief. It also tells the 
complainant to not give any legal arguments or to cite cases or statutes.
So for the Defendant's lawyer to ask this Court to dismiss Plaintiff's 
case because Plaintiff followed instructions is ridiculous.
   Plaintiff's cause of action against the above-mentioned Defendants is 
really quite simple: Plaintiff publicly criticized their public speaker 
on November 2, 1993, and for revenge Defendants Love and Howard called 
the Joplin City Police, detained Plaintiff, and endeavored to get 
Defendant falsely arrested. Defendant Carnahan, in addition to aiding 
and abetting by defending the actions of Defendants Love and Howard, 
further violated Plaintiff's civil rights by canceling Plaintiff's 
arrangements to form a political discussion group on campus in order to 
punish Plaintiff. Missouri Southern State College knew about this matter,
let it continue, and refuses to discipline its employees.  Therefore, 
Plaintiff has a cause of action under Title 42, Section 1983 against all 
of the aforementioned Defendants.
   When this matter comes to trial, then will be the time for Plaintiff 
to set out all the necessary elements for false imprisonment, or, 
alternatively for kidnapping. There has not been time or discovery 
enough to enable Plaintiff to fully develop this case.

   3. Defendant's third reason for dismissal asserts that Plaintiff 
fails to state a cause of action upon which relief can be granted and 
that the doctrine of "respondeat superior" does not apply in this matter.
   Plaintiff did indeed state a cause of action and a basis for relief. 
Since Missouri Southern State College is a government corporation, 
Plaintiff has no other way to make this particular Defendant make 
restitution or keep from committing this infraction again other than by 
punishing this Defendant in the only way that it understands: by taking 
away this Defendant's money, a lot of it, so that this Defendant will 
behave itself in the future. This corporate Defendant has no butt to 
kick, no neck to hang it by. This Defendant exists only for the pursuit 
of money and power. This Defendant, all protestations to the contrary, 
obviously has no respect for an individual human being's civil or 
Constitutional rights. So bleeding away $1.3 million of this Defendant's 
green ichor will both punish this Defendant and immensely relieve this 
Plaintiff.
   The other Defendants should be punished financially for wrongdoing as 
well. 
   Defendants' lawyer further claims that there is no liability for 
respondeat superior, "let the master pay."  Plaintiff will answer this 
briefly.
   Defendant Missouri Southern State College is indeed the master of 
Defendants Carnahan, Love and Howard. These Defendants committed their 
colorable misconduct while employed by Defendant College and with 
College's approval and under College authority. Furthermore, these 
Defendants are still employed by Defendant College, their lawyer and 
legal fees are being paid by their master, Defendant College. Defendant 
College cannot in one breath claim that it is not liable under 
respondeat superior, that it is not the master, while at the same time 
defending its servants who have carried out its will at Colleges' own 
and taxpayers' expense. For Defendant College to claim that it is not 
liable for its servants' misconduct, it must first cut them loose and 
let their former servants justify their wrongdoing towards Plaintiff at 
their own expense.
   Plaintiff has a letter from Defendant Dean Douglas Carnahan acting in 
name of Defendant College overtly punishing Plaintiff for exercising 
Plaintiff's civil rights. This letter was issued when Defendant Carnahan 
and Defendant College were secure in their assumptions that they would 
never have to pay for their misconduct while hiding under color of law. 
The prompt dismissal of this case before discovery could result in other 
letters and memorandum that show collusive activity between Defendant 
College and other Defendants in this matter. So the time for a motion to 
dismiss is most certainly not yet, although there is enough evidence now 
to nurture Plaintiff's case to fruition.
   A copy of Defendant Carnahan's letter to Plaintiff is enclosed.

   4. Defendants' lawyer reiterates using different verbiage Points Two 
and Three how Plaintiff has not "set out all of the elements necessary 
to make a claim for the Plaintiff under 28 U.S.C 1983." Plaintiff's 
answer is the same as before. The Civil Complaint form, Section III has, 
like in Section I, four lines to write upon and a request to "State 
briefly exactly what you want the Court to do for you."
   Plaintiff wants to bring a civil lawsuit against the Defendants and 
when they are found guilty, Plaintiff wants them punished.
   Perhaps this elemental concept of justice is too simple for a lawyer 
to understand.

   5. Defendants' lawyer wants a dismissal of the case because Plaintiff 
"has not exhausted his administrative remedies."
   Plaintiff did indeed try, as best he could, to avail himself of 
justice within the administrative organs of the institution which had 
wronged him. But the administration was only interested in punishing 
Plaintiff further, then covering it up.
   When Plaintiff found out in a letter from Defendant Carnahan (enclosed) 
that he was being punished in addition to the kidnapping endured as a 
result of Defendant Love and Howard's activity, Plaintiff made an 
appointment with Defendant Dean Carnahan. For approximately an hour, 
Plaintiff told his side of the story to Carnahan, which was similar to 
Defendant Howard's Incident Report (enclosed). When Plaintiff asked if 
he was free to continue with attempting to form a Libertarian Party 
Chapter on campus, Defendant Carnahan informed Plaintiff, "I am still 
mad at you," and "You can apply next semester."
   Plaintiff then went over to the College newspaper, The Chart with a 
pre-written letter to the editor concerning Plaintiff's false arrest on 
Nov. 2, and Defendant Carnahan's decision. This letter was published on 
November 19th with the title, "Libertarian recruitment postponed by 
dean." The whole College knew about this matter.
   Plaintiff also tried to make an appointment with College President 
Julio Leon twice and College Vice-President John Tiede once, with no 
success. Plaintiff considered making a complaint before the Student 
Senate of the College until Plaintiff found out that Defendant Carnahan 
was the Student Senate Advisor. Plaintiff then gave up on asking 
Defendant College to police itself.
   Having Defendant College handle this matter administratively is an 
open conflict of interest. Plaintiff is not a student at the College, 
and should not be expected to navigate around Defendant College's 
administrative hurdles. Defendant College's local board of administration
is not judicially superior to a United States District Court. Nor does 
any administrative College board have authority to bring to trial 
College workers in the face of an outside Plaintiff's complaint.

Summary: Plaintiff is suing the Defendants under a Title 42, Section 
1983 action because Defendants violated Plaintiff's civil rights under 
color of law. Defendants had plenty of time to make it right, but 
refused to do so. This is not a frivolous complaint and Plaintiff has 
made a good-faith effort to obey all the rules concerning filing this 
matter. The Defendants are guilty as hell and should not be allowed to 
sneak away under a legal smoke-screen or color of law. The aforementioned
Defendants should either stand trial or come to some negotiated 
settlement with the Plaintiff.


Respectfully submitted,

-s- Martin Lindstedt     2/16/96
___________________________
Martin Lindstedt, Plaintiff Pro Se



                        Certificate of Service

  A copy of the foregoing was mailed February 17, 1996 to: Attorney Ron 
Mitchell for the Defendants: Missouri Southern State College, Everett L. 
Howard, Andrew Love, and Douglas Carnahan; at 320 West Fourth Street, 
P.O. Box 1626, Joplin Missouri 64802; and one copy to Attorney Joy R. 
Urbom,  for Defendants City of  Joplin, Arias, Myers, Denis, and two 
John Doe police officers, at 200 N. Broadway, 12th Floor, St. Louis, 
Missouri 63102.

                           -s- Martin Lindstedt

Reply to Defendant's Suggestions

           IN THE UNITED STATES DISTRICT COURT FOR THE
                    WESTERN DISTRICT OF MISSOURI
                        SOUTHWESTERN DIVISION
                                                File Stamped 9:00 a.m.
                                                     Feb. 21, 1996
MARTIN LINDSTEDT,               )
              Plaintiff,        )
                                )
v.                              )    No. 95-5070-CV-SW-1
                                )
MISSOURI SOUTHERN               )  
STATE COLLEGE, et al.,          )
              Defendants.       )


 PLAINTIFF'S RESPONSE TO DEFENDANT'S ( MISSOURI SOUTHERN STATE COLLEGE, 
   EVERETT L. HOWARD, ANDREW LOVE AND DOUGLAS CARNAHAN ) SUGGESTIONS 
                      CONCERNING MOTIONS TO DISMISS

   In Reply to Defendants' suggestions supporting their motions to 
dismiss, Plaintiff responds as follows:
   Statute of Limitations. Defendants ask for this case to be dismissed 
under Statute of Limitations grounds as set forth in RSMO Section 
516.130. Contrary to Defendants' claims, RSMo Section 516.130 states 
which actions can be prosecuted within three years of the cause for 
complaint. 
   Defendant's claim is moot because Plaintiff filed a complaint on at 
4:15 p.m. November 2, 1995, within two  years of when Defendants set 
forth in motion Plaintiff's cause of action at 10:00 p.m. November 2, 
1993. 
   Secondly, the criminal complaint underlying this action may be 
kidnapping, a felony with a Statute of Limitations greater than three 
years, and as accessories to this felony, the above Defendants can be 
sued civilly for a far greater period of time than three years.

   Respondeat Superior. The case mentioned by Defendants' Attorney, 
Gay Lib vs. University of Missouri, 558 F. 2d 848  as not recognizing 
the theory of respondeat superior is absurd. The University of Missouri 
at Columbia ended up getting sued along with the other defendants and 
losing at the U.S. Eighth Circuit of Appeals!
   Any reading of Gay Lib vs. University of Missouri reflects the 
determination of the Eighth Circuit to defend the First Amendment of 
the United States Constitution. This case does not favor the 
Defendants, especially when Defendant Carnahan and Defendant Missouri 
Southern State College refused to allow a Libertarian Party Chapter to 
form on campus as a means to punish Plaintiff for exercising his First 
Amendment rights!	
   Plaintiff recognizes that the theory of respondeat superior, if 
allowed to be carried too far, would be unjust. Taxpayers should not be
placed at risk because of a rogue government worker. However, Defendants
Howard and Love were extremely reckless and negligent in their efforts 
to violate Plaintiff's First Amendment rights. In an attempt to cover 
the College's and other Defendants' liability, Defendant Carnahan used 
the full force and power of his office as Dean of Students to further 
violate Plaintiff's civil rights. Defendant College was fully aware of 
their employees' actions, but refused to do anything about it. 
   Furthermore, Defendant College is using taxpayers' money and the 
College's prestige to shelter their rogue employees and defend them 
from Plaintiff's lawsuit. If Defendant College wishes to be beyond the 
fray, and not be sued as a participant, then College should  let the 
other Defendants fully answer for their misconduct, instead of 
protecting them.
   Sovereign Immunity and limited Respondeat Superior should not be used 
as a bastion of tyranny behind which government workers can sortie out 
and plunder an average citizen's rights and into which those government 
workers can retreat from retaliation. In short, limited Respondeat 
Superior is not the Mexican border!

  Exhausting Administrative Remedies.  Defendant's attorney mentions 
the case of Romans vs. Crenshaw, 354 F. Supp. 868.  as justifying 
dismissal of suit because Plaintiff allegedly did not exhaust 
administrative remedies available.
   Again, this is an unfortunate case for Defendant to mention as the 
defendant Crenshaw mentioned in this case lost. The school mentioned 
was a high school, not a college. 
   Contrary to what Defendants' lawyer states, in Romans vs. Crenshaw, 
plaintiff did not seek any relief through administrative means, yet the 
plaintiff was not foreclosed from suing the defendant. When the case 
was deferred for thirty days back for administrative remedies, 
defendants could not support their conduct, so the case was brought 
right back to the district court level and the defendants lost the case.
   Plaintiff did indeed try to seek some form  of administrative remedy
from Defendant College, however, the administrative people involved in
the matter either ignored Plaintiff or actively violated Plaintiff's 
rights.
   Plaintiff was not a student of Defendant College at the time this 
civil rights violation took place. Therefore, Plaintiff is not bound by 
a Student Handbook or Student Policy.
   Furthermore, a U.S. District Court has jurisdiction in this matter 
superior to the Defendant Colleges' administrative "courts," Defendant 
College has an interest in the matter, and it is unlikely that 
Defendant College can grant Plaintiff relief. Is this Court going to 
send this matter back to the Defendant College for thirty days for 
administrative hearing as was done in Romans vs. Crenshaw and then take 
this matter back if there is no settlement?

   Wherefore, Plaintiff asks this Court to deny Defendants' motions to 
dismiss as they are based upon ridiculous and inappropriate Suggestions
in favor of dismissal.

-s-                               2/16/96
_________________________________
 Martin Lindstedt, Plaintiff, Pro Se
 Rt. 2 Box 2008
 Granby, Missouri 64844
 (417) 472-6901

                      Certificate of Service
   A copy of the foregoing was mailed February 17, 1996 to: Attorney 
Ron Mitchell for the Defendants:  Missouri Southern State College, 
Everett L. Howard, Andrew Love, and Douglas Carnahan; at 320 West 
Fourth Street, P.O. Box 1626, Joplin Missouri 64802; and one copy to 
Attorney Joy R. Urbom, for Defendants City of  Joplin, Arias, Myers, 
Denis, and two John Doe police officers, at 200 N. Broadway, 12th 
Floor, St. Louis, Missouri 63102.

                        -s- Martin Lindstedt
                        _____________________________________



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