United States District Court
Northern District of Georgia
Lawrence Leitgeb, Docket No: _________________ Dan Roberts, Nelson Waller, Robert Clarkson individually and Robert Clarkson, as representative of the class of flag supporters, Plaintiffs 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 Tom Law and The Toccoa Record, 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, Michael Crawford, Richard Bridgeman, Tom Law and The Toccoa Record, (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 Stephens 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 tortious 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, controlling, 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.ade 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 false 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 and ratified 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.
5. The awful acts Ms Kelley complained of were never reported to the authorities, no police report was made, and these statements were never investigated. 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 hire, instruction, control and supervision of Bridgeman and therefore he is financially responsible for Bridgeman’s action (or lack thereof) as respondeat superior.
7. On February 14th of this year,-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 - Slander and Defamation - 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 damages 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 hire, control and supervision of Ms Kelley and Superintendent Steppe. All of the school board read the article on the front page of the Toccoa Record and therefore 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, Southerners have adopted him. Leitgeb was very active in the organization, publicity, and computer work for many flag rallies in Stephens County and the vicinity. He is widely known as a supporter of Southern Heritage, States Rights and symbols of such.h.
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 supporter 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 others at organizing public rallies and demonstrations in support of Southern heritage and its symbols. He is a well-known activist in the field of Southern history and heritage and leads the singing and music at many flag Confederate rallies, including at least three in Toccoa and two others in Georgia . Waller has chronicled the modern Southern cause (including his important involvement in it) in numerous national and local newspapers (including one based in Toccoa), and lectured widely on the subject.
13. 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 Stephens 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.
14. Robert Clarkson also brings this action as a representative of all flag supporters in North Georgia and Western South Carolina who are a well-recognized class of political activists.
15. 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.
16. Defendant Gary Steppe is a resident of the State of Georgia , is currently the Superintendent of the Stephens County School System and held such position at the time of the incident complained of. 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, control, hire and training of Defendants Steppe and Kelley and therefore are liable 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.
17. 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 The Toccoa Record where she was given another front-page article complete with her picture.
18. Plaintiff has met the requirements of filing an action under Title VII and this action is timely filed.
FACTS
19. 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 email 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 and Dan Roberts in the background.
20. In the trial of The State of GA vs. Lawrence Leitgeb case number 04-CR-270C Superior Court of Stephens County , on
December 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.
21. Defendant Kelley failed to report these awful death threats 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.
22. Plaintiff Lawrence Leitgeb has asked the Sheriff's 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.
23. 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, or 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.
24. On Tuesday February 14th 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.
25. 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
26. Plaintiffs hereby incorporates each and every preceding paragraph as if set forth fully herein.
27. For the first count, Defendant Brenda Kelley intentionally, maliciously, wantonly and with 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 act.
The organizers of the flag rally on March 23, 2004 merely intended 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 in The Toccoa Record, she successfully took the public's focus off her own improprieties. She presented the issue to the public as if she was the victim of a conflict instead of the aggressor.
Kelley purposefully, intentionally, maliciously, wrongfully made these two false, extreme 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, hurtful. atrocious, utterly intolerant, and exceeded all bounds of a civilized community and decency.
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 torts and 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 the State of Georgia and County of Stephens, and in doing or failing 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 (or from his Southern heritage compatriots generally) and did not consider the effects her outrageous statements would have on a sensitive person nor considered the effects on the jury.
28. In February 14th 2006, 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.
29. Defendants' Tow Law and The Toccoa Record 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- SLANDER and Defamation
30. Plaintiffs hereby incorporates each and every preceding paragraph as if set forth fully herein.
31. Defendants Kelley’s two statements were false, known by her to be false, reckless, malicious, hurtful, dangerous, etc. Her acts and works constitute slander, libel, defamation, and group defamation. 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 Kelley purposefully and knowingly inflicted defamation on Plaintiffs and group defamation on all flag supporters in North Georgia and Western South Carolina .
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.
32. Defendant Brenda Kelley accused Plaintiffs Lawrence Leitgeb and Robert Clarkson of harassment for seeking administrative remedy, a routine procedure.
Count III—Perjury and False Imprisonment
33. Plaintiffs hereby incorporates each and every preceding paragraph as if set forth fully herein.
34. 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 in particular to prejudice 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, 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 and suffered false imprisonment 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. All flag supporters suffered again the above mention torts due to Leitgeb's conviction and resulting publicity.
Count IV --VIOLATION OF CIVIL RIGHTS -Civil Action for Deprivation of Rights
35. Plaintiffs hereby incorporates each and every preceding paragraph as if set forth fully herein.
36. 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 Plaintiffs were undertaken in bad faith.
37. 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.
38. 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
39. Plaintiffs hereby incorporates each and every preceding paragraph as if set forth fully herein.
40. On or about Tuesday, February 14th 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.
41. Law Enforcement Failed to Provide the Equal Protection of the Laws. No evidence exists or implies 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 (i.e.: 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
42. Plaintiffs hereby incorporates each and every preceding paragraph as if set forth fully herein. 43. As a direct and proximate result of the conduct and damages of Defendants, Plaintiffs have suffered the following injuries and damages:
1. Mental anguish and mental distress in the past and future;
2. lost earnings due to mental distress, loss of reputation, etc
3. damages to earning capacity;
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 Slander.and Defamation.
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, but favored the Establishment and disregarded the cries for justice from a perceived weaker entity: Southerners with true Southern values. This is a prejudice directed toward citizens of the United States identified by a particular geographic location. Because Southern values parallel Christian values, this prejudice is religious in nature, which is expressly forbidden by the Constitution of the United States and the Constitution of Georgia.
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 for 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 against Plaintiffs political 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.
Signed by:
_____________________________ Date: _________________
Lawrence Leitgeb 1273 Garland Rd. , Toccoa , GA 30577 , Phone: (706) 886-2883
_____________________________ Date: _________________
Robert Clarkson 515 Concord Ave., Anderson , SC 29621, Phone: (864) 225-3061
______________________________ Date: _________________
Nelson Waller P.O. Box 2368 Anderson , SC 29621, Phone: (864) 225-3061
______________________________ Date: _________________
Dan Roberts 6168 Jordan Ave., Toccoa, GA 30577