Addendum to Plaintiff's Response to County Motion to Dismiss (Fed Ct)

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MAR d 5 2007IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF GEORGIA 1gWS,N N~~~~t~,

ATLANTA, DIVISION ~ LERK

)JAMES B STEGEMAN,Plaintiff )

v }

STATE OF GEORGIA, thru GOVERNOR )SONNY PERDUE, In His Official Capacity ;)STATE OF GEORGIA DEPARTMENT )OF HUMAN RESOURCES; }DEKALB COUNTY, thru CEO VERNON )JONES In His Official Capacity )DEKALB COUNTY DEPARTMENT )OF FAMILY & CHILDREN SERVICES ; )DEKALB COUNTY FIRE & RESCUE )LT. HUGHETT -NO: S 81 In His Official )Individually and in His Official Capacity ; )

EMS MEDIC DENNIS OARLOCK )Individually and in His Official Capacity ; }

STONE MOUNTATIN POLICE OFFICER)R.B. PORTER BADGE, # 119, Individually )and in His Official Capacities; }

DEKALB COUNTY PROBATE COURT ; )PROBATE JUDGE JERYL DEBRA ROSH)Individually and in Her Official Capacity ; j

GEORGIA SUPERIOR COURT, STONE )MOUNTAIN JUDICIAL CIRCUIT; )STATE COURT OF GEORGIA; )DEKALB COUNTY SOLICITOR'S )OFFICE; )SANE DOE 01-100; )JOHN DOE 01-100 ;

}Defendants )

Dismiss

FILED INE

CIVIL ACTION

FILE NO. : 1 :06-cv-02954WSD

AddendumTo Plaintiff's Objections

To Defendant's Motions To

Case 1:06-cv-02954-WSD Document 49-2 Filed 03/05/2007 Page 1 of 12

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PLAINTIFF'S ADDENDUM OF ARGUMENTS CITATION ANDAUTHORITIES IN SUPPORT OF PLAINTIFF'S OBJECTIONS TO

DEFANDANT'S MOTIONS TO DISMISS

COMES NOW, Plaintiff James B . Stegeman and files this Addendum .

Plaintiff, MOVES this Honorable Court to consider this Addendum along

with the Plaintiff's Objections to Defendant's Motions to Dismiss .

ADDENDUM TO ARGUMENT CITATION AND AUTHORITIES

Congress empowered the United States Government to protect disabled

persons, their property and Rights under the Fourteenth Amendment.'

' TITLE 42 > CHAPTER 126 > § . 12 101§ 12101 . Findings and purpose (a) Findings (4) unlike individuals who have

experienced discrimination on the basis of race, color, sex, national origin,religion, or age, individuals who have experienced discrimination on the basis o fdisability have often had no legal recourse to redress such discrimination ; (5)individuals with disabilities continually encounter various forms of discrimination,including outright intentional exclusion . . . (6) . . .documented that people withdisabilities, as a group, occupy an inferior status in our society, and are severelydisadvantaged socially, vocational) economically, and educational) ; (7)individuals with disabilities are a discrete and insular minority who have beenfaced with restrictions and limitations, subjected to a history of u oseful unequaltreatment, and relegated to a position of political powerlessness in our society . . .(9)the continuingz existence of unfair and unnecessary discrimination and prejudicedenies people with disabilities the opportunity to compete on an equal basis and topursue those opportunities for which our free society is justifiably famous, . . .

(b) Purpose It is the purpose of this chapter- (b) 3 to ensure that theFederal Government plays a central role in enforcing the standards established inthis chapter on behalf of individuals with disabilities ; and (4) to invoke the sweepof con essional authorit including the Rower to enforce the fourteenthamendment and to regulate commerce, in order to address the major areas ofdiscrimination faced day-to-daffy people with disabilities .


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In Congress' efforts to ensure protection for disabled and their Rights

Congress removed State's Immunity .2

Congress went on to prohibit against retaliation and coercion .3

To this point, Plaintiff has been denied any and all help in legal matters,

protections, etc as promised by the State of Georgia or the United States .

When the problems began, Plaintiff requested legal aid when being sued by

County Court appointed Guardian of Property of Jean Caffrey . Plaintiff qualified

for legal aid, was refused. Plaintiff requested his property and Rights be protected,

qualified for same was refused .

'TITLE 42 > CHAPTER 126 > SUBCHAPTER IV > §]. 2202& 12202. State immunity . A State shall not be immune under the eleventhamendment to the Constitution of the United States from an action in D [ I ] Federalor State court of competent jurisdiction for a v iolation of this chapter . In any actionagainst a State for a violation of the requirements of this chapter, remedies(including remedies both at law and in equity) are available for such a violation tothe same extent as such remed ies are available for such a violation in an actionagainst any public or private entity other than a State .

' TITLE 42 > CHAPTER 126 > SUBCHAPTER IV > 1220312203 . Prohib ition against retaliation and coercion . (a) Retaliation No person

shall d iscriminate against any individual because such individual has opposed anyact or practice made unlawful by th is chapter . . . (b)Interference, coerc ion orintimidation It shall be unlawful to coerce, intimidate, threaten, or interfere withany individual in the exercise or enjoyment of, or on account of his or her havingexercised or enjoyed, or on account of h is or her having aided or encouraged qnyother individual in the exercise or enjoyment of, any_ right granted or protected bythis chapter .


Plaintiff, forced to proceed as a Pro Se litigant against his wishes and against

his better judgment, the State, County, City, defendants again deny this Plaintiff

his Rights, deny Plaintiff federally funded programs to which he is entitled, again

they show their contempt and discrimination toward Plaintiff as a Federally

protected class of persons and the programs receive Federal funding .

4 The DHR policy is to protect the welfare of disabled adults . A. AuthorityO.C.G.A. 30-5-1 to 30-5-10 (Disabled and Elder Persons) ; B. Title of the SocialSecurity Act, Social Services Block Grant; C. Applicability all local county DFCSfulfill the requirements of the above stated DHR policy . D. Definitions: Abuse:willful deprivation of essential services to a disabled adult or elder person .Exploitation: illegal or improper use of a disabled person or that person'sresources. Essential Services : legal services necessary to safeguard the person'srights and resources and maintain the physical and mental well-being . Neglect :absence or omission of essential services to the degree that it harms or threatenswith harm the physical or emotional health of a disabled person. Protectiveservices: services necessary to protect a disabled adult from abuse, neglect orexploitation. Responsibilities : Adult Protective Services chapter of the SocialServices Manual, MANSSQO,TITLE 42 CHAPTER 35, SUBCHAPTER XIPart A. Subpart i. §3058d. Additional State Plan Requirementsa. Eligibility (6) (A) in carrying out such programs the State agency will conducta program of services consistent with relevant State law . . .(iv) (B) the State will notpermit involuntary or coerced participation in the program of services described Insubparagraph (A) by alleged victims, abusers, or their households ;TITLE 42-THE PUBLIC HEALTHAND WELFARE CHAPTER 21-CIVIL RIGHTS SUBCHAPTERV-FEDERALLY ASSISTEDPROGRAMS:M004-4a. "Program or activity" and "program" defined ."Program or activity and the term "program mean all operations of-

(1)(A) : a department, agency, special purpose district or other instrumentalityof a State or local government; or (B) the entity of such State or local governmentthat distributes such assistance and each such department or agency (and other


The defendants committed criminal acts, the facts show clear and convincing

evidence of illegal acts by each defendant, the US attorney should be prosecuting

these criminals .5

State or local government entity) to which the assistance is extended, in the caseassistance to a State or local government ;§2000d-7 . Civil Rights and remedies equalization (a)(1) A State shall not beimmune under the Eleventh Amendment of the Constitution of the United Statesfrom suit in Federal court for a violation of section 504 of the Rehabilitation Act of1973 (29U.S .C . 794) . . .or the provision of an other Federal statute rohibitindiscrimination by recipients of Federal financial assistance. (2) In a suit against aState for a violation of a statute referred to in paragraph (1), remedies (includingremedies both at law and in equity) are available for such a violation to the sameextent as such remedies are available for such a violation in the suit against anypublic or private entity other than a State .

TITLE 18, U.S.C. , SECTION 241 : If two or more persons conspire toinjure, oppress , threaten, or intimidate any person in any State , Territory ,Commonwealth, Possession, or Distr ict in the free exercise or enjoyment of anyright or privilege secured to h im by the Constitution or laws of the United States,or because of his having so exerc ised the same; . . . They shall be fined under thistitle or imprisoned not more than ten years, or both ; and if death results from theacts committed in violation of this section or if such acts include kidnapp ing or anattempt to kidnap, aggravated sexual abuse or an attempt to commit aggravatedsexual abuse, or an attempt to kill , they shall be fined under this title or imprisonedfor any term of years or for life, or both, or may be sentenced to death .

*ref: http ://www.usdoj .gov/crtJcrim/241fin.htmTITLE 18, U.S .C. SECTION 242: Deprivation of Rights Under Color of

Law "This statute makes it a crime for any person acting under color of law ,statute , ordinance , regulation, or custom to willfully deprive or cause to bedeprived from any person those rights, privileges, or immunities secured orprotected by the Constitution and laws of the U.S . . . ."

"Acts under "color of any law" include acts not only .done by federal, state ,or local officials with in the bounds or limits of their lawful authority , but also actsdone without and beyond the bounds of their lawful authority ; provided that, in

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Any of the defendants which receives Federal Funding, have thereby waived

all immunities .

Governor Perdue having sworn an Oath of Office, and having violated same,

is impeachable. As acting Governor is obligated to perform certain duties.6

Plaintiff three times attempted to have Governor Perdue look into violations

of his Rights and cause the defendants to abide by both Georgia and United States

Law. Each time Plaintiff was refused any and all help, the last time Plaintiff was

hung up on by an assistance after being told "we don't do that"

order for unlawful acts of any official to be done under "color of any law," theunlawful acts must be done while such official is purporting or pretending to act inthe performance of his/her official duties . This definition includes, in addition tolaw enforcement officials, individuals such as Mayors, Council persons, Judges,Nursing Home Proprietors, Security Guards, etc ., persons who are bound by laws,statutes ordinances, or customs ."

"Punishment varies from a fine or imprisonment of up to one year, or both,and if bodily injury results or if such acts include the use, attempted use, orthreatened use of a dangerous weapon, explosives, or fire shall be fined orimprisoned up to ten years or both, and if death results, or if such acts includekidnapping or an attempt to kidnap . . . or an attempt to kill, shall be fined under thistitle, or imprisoned for any term of years or for life, or both, or may be sentencedto death." http://www.fbi. og v/hq/cicUcivilrights/statutes .htm

6 U.S. Laws, Codes, Statutes : Article V. Executive Branch § 11 : Duties andPower of the Governor : Paragraph I. Executive Powers : The chief executivepowers shall be vested in the Governor . The other executive officers shall havesuch powers as may be prescribed by this Constitution and by law . Paragraph II .Law Enforcement. : The Governor shall take care that the laws are faithfullyexecuted and shall be the conservator of the puce throughout the state .


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4 . ,

The attorneys representing defendants, as well as Attorney LaValle (who since

Summons for Governor has been served and now claims he represents none of

them) insists that the statute of limitations has expired . T This Plaintiff is legally

Federally disabled with dual and multiple disabilities and a member of a protected

class, has suffered extreme discrimination by these defendants, whilst in the middle

of defendant's violating Plaintiff's Rights, and the Rights of his elderly, disabled

aunt who was kidnapped and killed there are no statute of limitations . (See fn 5)

' 4.C.G.A. § 9-3-99 . : The running of the period of limitations with respectto any cause of action in tort that may be brought by the victim of an alleged crimewhich arises out of the facts and circumstances relating to the commission of suchalleged crime committed in this state shall be tolled from the date of thecommission of the alleged crime or the act giving rise to such action in tort untilthe prosecution of such crime or act has become final or otherwise germinated,provided that such time does not exceed six years .

8 Thomson * Gale Legal Encyclopedia shows : "Tolling t~he Statute : If aparty is under more than one disability, the statute of limitations does not

begin run until all the disabilities are removed." "In cases where a cause of action hasbeen fraudulently concealed, the statute of limitations is toll until the action is, orcould have been discovered . . ."


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CONCLUSION

Plaintiff, a Pro Se litigant, forced into representing himself because acts of the

defendants left Plaintiff no other choice, MOVES this Court to be lenient to his

errors should there be any, understanding of the hardships he suffers daily and

tolerant when considering Motions to Dismiss against him . "Picking v .

Pennsylvania Railway, (151 F2d. 240 Third Circuit Court of Appeals . In Picking,

the plaintiffs civil rights was 150 pages and described by a federal judge as "inept."

Nevertheless, it was held: "where a Plaintiff pleads pro-se in a suit for protection

of civil rights, the court should endeavor to construe plaintiffs pleading without

regard to technicalities." In Walter Process Equipment v. Food Machine 382

U.S . 172 (1965) it was held that in a "motion to dismiss, the material allegations of

the complaint are taken as admitted." "From this vantage point, courts are

reluctant to dismiss complaints unless it appears the plaintiff can prove no set of

facts in support of his claim which would entitle him to relief' (See Conley vs .

Gibson, 355 U.S. (1957) . ; In Puckett v. Cox, it was held that a pro-se complaint

requires less stringent reading than one drafted by a lawyer (456 F2d . 233 (1972

Sixth Circuit U.S .C .A.) said Justice Black in Conley v . Gibson, 355 U.S. 41 at

48 1957 "The Federal Rules rejects the approach that pleading is a game of skill

in which one misstep by counsel may be decisive to the outcome and accept the


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principle that the purpose of pleading is to facilitate a proper decision the merits ."principle

According to rule 8(f) FRCP "all pleadings shall be construed to do substantial

justice." The Court also cited Rule 8(f) FRCP, which holds that "all pleadings

shall be construed to do substantial justice ."

"It could also be argued that to dismiss a Civil Rights action or other lawsuit

in which a serious factual pattern or allegation of a cause of action has been made

would itself be violative of procedural due process as it would deprive a pro se

litigant of equal protection of the law visa vis a party who is represented by

counsel. In a fair system, victory should go to a party who has the better case, not

better representation."9

For all the reasons stated in the previous paragraphs, Plaintiff MOVES this

Honorable Court to allow this Addendum to be considered when ruling on the

three Motions To Dismiss filed on behalf of the Defendants , whether or not they

are actually represented with legal Counsel .

9 U.S. Law Books: Pro Se Federal Decisions


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Respectfully Submitted, this 3r° day of March, 2007 .

stone mountain, CiA -iUUtS3(770) 879-8737

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(1 .5") inches and a left margin of one (1") inch, is proportionately spaced .

This 3rd day of March, 2007 .

Stone Mountain , GA 30083(770) 879-8737

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CERTIFICATE OF COMPLIANCE

In compliance with LR 7 .1D, N.D. Ga., I certify that the foregoing Motion

has been prepared in conformity with LR 5 .1, N.D. GA. This Motion was prepared

with Times New Roman (14 point) type, with a top margin of one and one-half


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CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing was mailed to the defendants

through their attorney on record by causing a true and correct copy of same, to be

deposited into The United States Postal Service, proper postage affixed as follows :

Matthew R. LaValleDaley, Koster & LaValle, LLCOverlook 12849 Paces Ferry Rd ., Suite 160Atlanta, GA 30339

Mr. Carothers278 West Main StBuford, GA 30518

Brenda A. RaspberryDeKalb County Law Department1300 Commerce Drive, 5~' FloorDecatur, GA 30030

This 3' day of March, 2007

JAMESSTEGE)q "Pro Se821 Sheppard Rd

Stone Mountain, GA 30083(770 879-8737

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Addendum to Plaintiff's Response to County Motion to Dismiss (Fed Ct)

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