FIRTST AMENDED COMPLAINT

XXX  DISTRICT COURT

FOR THE EASTERN DISTRICT OF XXX

 

XXX,                                     Plaintiff vs. XXX, et al                                    Defendants

Case No. XXX

 

FIRTST AMENDED COMPLAINT

1. COMES NOW Plaintiff XXX, and files this First Amended Complaint against the Defendants, and alleges as follows:

PARTIES

2. Plaintiff, XXXX, is an individual of address XXX
3. Defendant XXX is an individual of address XXX
4. Defendant, XXX, is an individual of address XXX
5. Defendant, XXX is an individual of address XXX

JURISDICITON AND VENUE

6. This Court has subject matter jurisdiction under 28 USC § 1331, on the basis of there being a federal question relating to 42 USC § 1983 and U.S. Const. Amend. V.
7. Venue is proper in this district under 28 U.S.C. § 1391 as Plaintiff and/or Defendants are subject to personal jurisdiction in this state. Plaintiff and/or Defendants live within the jurisdiction of this Court. Besides, a substantial part of the acts and omissions forming the basis of these claims occurred in the Eastern District of Virginia and arose from the actions or inactions of the Defendants.

FACTS

8. Plaintiff had a matter at the XXX and Domestic Relations District Court. The matter involved inter alia, the paternity of the following children: Gia; Geno, and Tony Gene Forrester Jr. Tony Gene Forrester Jr. belongs to Defendant XXX. This makes it a total of three children.
9. Defendant XXX (hereinafter “Simmons”) was the presiding judge in said case.
10. Defendant XXX is the father of Gia and Geno. XXX is the mother of Gia.
11. To address the issue of paternity, a DNA test was carried out.
12. The blood test for Geno was done while Plaintiff was in federal custody at FCI Petersburg.
13. However, after the DNA test was done, Judge Simmons locked the results of the DNA test twice.
14. Judge Simmons denied Plaintiff access to the DNA results.
15. Further, the Judge coerced Plaintiff to sign papers stating that Plaintiff wanted to claim the children. Notably, there were two hearing dates. On the first hearing date, Judge Simmons asked Plaintiff directly if he wanted to claim the child. On the second court date, after the DNA results were released, Judge Simmons called Plaintiff to the stand and ask him to sign the papers before he left the court.
16. The Judge, and Plaintiff’s former attorney insisted that the DNA results revealed that the child was Plaintiff’s. They could not let Plaintiff access the DNA results.
17. It is also noteworthy that Defendant XXX has had help from law enforcement to complete the illegalities alleged herein.
18. Judge Simmons then went ahead to seal the records.
19. Plaintiff suffered in the pendency of the case at the Juvenile and Domestic Relations Court.
20. Notably, Judge Simmons ordered Plaintiff to give fingerprints for the Judge XXX also had Plaintiff pay for bond twice and the bond was never revoked.
21. Plaintiff spent a week in the Norfolk jail system. Upon his return, the Cadillac converters in Plaintiff’s 2008 s550 Mercedes Benz were missing. He therefore had to pay tow fee to get the car back.
22. XXX then sealed the test results so no one could see them.
23. XXX and Judge XXX are fraternity members.
24. Plaintiff therefore files this Complaint to seek redress against the Defendants.

CLAIMS FOR RELIEF

COUNT 1

VIOLATION OF PLAINTIFF’S 5^TH AMENDMENT DUE PROCESS RIGHT TO A FAIR TRIAL

(Against Defendant Lynn Simmons)

25. The allegations set forth in the foregoing paragraphs are re-alleged and incorporated herein by reference.
26. A fair trial is a basic requirement of due process. See In re Murchison, 349 U.S. 133, 136 (1955).
27. Plaintiff’s due process rights were violated by Judge Simmons.
28. First, Judge Simmons denied Plaintiff access to the DNA results.
29. Next, Judge Simmons coerced Plaintiff to sign papers affirming that the child(ren) were his.
30. Plaintiff asserts that if the children are Plaintiff’s, he should be allowed access to the original test results. Also, if the children are Plaintiff’s, there was no reason to have Plaintiff sign papers saying that he wanted to claim the child(ren).
31. Judge XXX also refused to revoke Plaintiff’s bond.
32. As a result of Defendant’s actions, Plaintiff has suffered and will continue to suffer psychological, economic and non-economic harm.

COUNT 2

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

(Against all Defendants)

33. The allegations set forth in the foregoing paragraphs are re-alleged and incorporated herein by reference.
34. The Defendants knew or reasonably ought to have known that any adverse action(s) from them would bear a huge negative impact on Plaintiff.
35. The Defendants’ conduct alleged herein was extreme and outrageous in the sense that the conduct deprived Plaintiff of his right to a fair trial.
36. Defendant Jarrett C. Ellis and Victoria Latham were aware that the children do not belong to Plaintiff. They instead colluded with the Judge to have the DNA results sealed without Plaintiff accessing them.
37. It is Plaintiff’s assertion that the DNA results depicted the correct paternity result- that Plaintiff was not the biological father of the children.
38. Accordingly, Plaintiff suffered mental anguish consequential and incidental to the Defendants’ actions and/or inactions alleged herein.

 

COUNT 3

CONSPIRACY AGAINST RIGHTS: IN VIOLATION OF 18 U.S. CODE § 241

(Against all Defendants)

39. The allegations set forth in the foregoing paragraphs are re-alleged and incorporated herein by reference.
40. Upon information and belief, Defendants conspired with each other to injure, oppress, and intimidate Plaintiff, in violation of Plaintiff’s right to a fair trial.
41. Defendants entered into an agreement with each other to conceal the results of the DNA test, which results showed that Plaintiff was not the biological father of the children.
42. All the actions alleged in the fact pattern disclose how Defendants’ conspiracy bore a heavy toll on Plaintiff.
43. As a result of Defendant’s actions, Plaintiff has suffered and will continue to suffer psychological, economic and non-economic harm.

COUNT 4

DECLARATORY JUDGMENT: Pursuant to Rule 57, Fed. R. Civ. P.

(Against all Defendants)

44. The allegations set forth in the foregoing paragraphs are re-alleged and incorporated herein by reference.
45. There is an actual and justiciable controversy between Plaintiff and Defendants regarding the paternity of the children.
46. Plaintiff therefore requests this Court issue a declaratory judgment to settle the controversy.

PRAYER FOR RELIEF

WHEREFORE, the Plaintiff is entitled to damages from the Defendants, and he hereby prays that judgment be entered in his favor and against the Defendants as follows:

1. That the Court orders an evidentiary hearing including but not limited to testimony from record keepers and from other key witnesses, to expand the records.
2. That the Court awards damages amounting to $50,000,000 as follows:
3. Mental damage. $ 10,000,000;
4. Exemplary damages $ 10,000,000;
5. Pain and suffering $ 10,000,000;
6. Consequential damages $ 10,000,000;
7. Property damage $10,000,000.

• That the Court issues an Order declaring that Plaintiff’s rights were violated by Defendants.

1. That the Court issues any other order that this institution deems just.

 

Dated: __________

 

Respectfully submitted:

 

 

 

______________________

XXX

 

 

 

 

 

CERTIFICATE OF MAILING

The undersigned hereby certifies that the above and foregoing was served by regular U.S. Mail, postage prepaid, on the Defendants:

XXX

 

XXX

 

XXX

 

 

 

 

 

Respectfully submitted:

 

 

 

______________________

XXXX

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