Lawsuit: Dismissed Ko531 v Department of Justice

[ko531]

Ko531

v.

Department of Justice (DOJ)

I. Description of Case
I am suing the DOJ for abuse of power as I am being tased and killed repeatedly in my cell with no way to defend myself. taser are a tool for the DOJ to use to stop criminals not to force a prisoner to die over and over again while in his cell

II. Parties
1. Ko531
2. PeachLemon_
3. MegaMinerM
4. xAntho_ny
5. Ryan_88
6. DerpGaming20_YT

III. Sequence of Events
1. I was jailed for my crimes by xAntho_ny
2. PeachLemon_, MegaMinerM, Ryan_88, Derpgaming20_YT and xAntho_ny Visited my cell and we were chatting
3. Peach, and Ryan soon realized that they can shoot be through the glass and precede to tase and kill me repeatedly with Mega cheering them on

IV. Claims for Relief
1. Murder: The purposeful act of killing another player without the victimized party giving consent to the murder.
2. Abuse of power

V. Damages
1. I am asking for my time in jail to be brought down by an hour for each time I was killed as I have been already punished in this cruel manner and I feel I would be being punished twice for the same crime
2. I am also asking for 1k to be removed from my fine towards the DOJ for each kill

(Attach evidence and a list of witnesses at the bottom if applicable)

 

[Cherub54321]

@Nightmare98765 is hereby summoned to the court to acknowledge the case. If the Defendant, @Nightmare98765 , does not acknowledge the case as a reply in 2 days, the case will close in the Plaintiff's favor.

Court is in Session

This case is presided by Judge Cherub54321 Bear in mind to not reply to court cases unless summoned by the Judge!

Since this is a case against the Government, the DoJ Minister may choose to have another Government figure or representative represent them in the case.

 

[Sparky]

In The Distinguished Court of The Stratham Republic
MOTION TO DISMISS
Date: 05/03/2022

Ko531

v.

Department of Justice (DOJ)

I. Motion To Dismiss
The Defendant motions to dismiss the case, respectfully based off the following:
1. The Capital City jail and police station are in an auto consent zone. This means that every kill that happened there is automatically consented. No one can be convicted of murder when on this property.
2. The Plaintiff states that he wants to sue for the murders that have happened in the jail, yet if we go back to point number one, it is auto consented. You also can not sue for murder, which makes this case not possible to sue for. You can only punish via jail time and fines that are stated in the rules and laws section of the forums.
3. The Plaintiff wants that his jail time and fine shall be lowered for every kill that has happened. This is not possible since he got charged with every murder he commited before he was jailed.
4. The officers that were killing him will be punished by the minister of the DoJ himself, and the DoJ minister will be issuing a formal apology to the Plaintiff for the unprofessional behaviour of the officers involved.

 

[Cherub54321]

Good Morning,

If the Plaintiff wishes to respond to the Motion To Dismiss, they are given 48 hours to do so.

That is all, Thank You

 

[ko531]

In The Distinguished Court of The Stratham Republic
REPLY TO MOTION TO DISMISS
Date: 05/24/22

Ko531

v.

Department of Justice (DOJ)

1. First off, I would like to ask for evidence that the zone is “auto consented”. I personally have never been aware that the zone was auto consented. If the defense is going to make a claim, they need the evidence to back it up
2. Murder is defined as the “purposeful act of killing another player without the victimized party giving consent to the murder.” I have provided the court with evidence that I was killed purposefully, with malice (Police Officers were egging on the murderers).
3. Moreover, I found myself in jail immediately upon logging in, which means I was forced onto “auto consented territory” anyway. I argue that I not only did not read anywhere the zone was “auto consented”, but was also forced into the zone; I did not walk in willingly, therefore I did not consent to even entering such a zone. To have an auto consent zone, and force someone onto it, is that not simply just murder? You cannot force someone to consent.
4. Finally, to address the claims that I cannot bring this case to trial, I have come to the courts for justice as I fear I won’t receive any from this Department of so called Justice. The DoJ likely won't punish their own officers, and now this case is on a point of law in regards to auto consent zones, it would be wrong to dismiss. The officers showed they enjoyed abusing me while I was defenseless in a jail cell. I would like to further claim that these officers abuse their powers to take vengeance on a defenseless individual and I ask the courts to make sure that these officers receive punishment. If this cannot happen and the DoJ does not discipline these officers nor take responsibility, I hope that Parliament or the Department of State can launch an investigation into the DoJ and rip out the corruption root and stem. This case has a lot of legal footing, the motion of dismiss should be denied.

 

[Cherub54321]

Good Evening,

I have decided to overrule the Motion To Dismiss. The plaintiff, @ko531, is now given 48 hours to present their opening statement. Here they may further provide details and insight on the story, prove additional arguments and evidence, or anything of the like.

If either party has any questions, feel free to let me know.

That is all,
Thank You

 

[ko531]

Your Honor,

on the evening of 5/22/22 shortly after I was jailed I had the 5 visitors of Peach, Anthony, Derp, Mega and Ryan. with the evidence I have already provided to the court you can see very well that Peach and Ryan shot and killed me multiple times while I was defenseless in my cell. I was also tased multiple times so they had a clear shot to kill me. They did this with malice intent with Mega saying quote "Spawn Kill, LETS GOO" and Anthony stating "ko now u know how it feels" these are the people that should be protecting citizens not killing and torturing them when they are defenseless and at their lowest. They used DoJ issued tools which should be seen as a abuse of power as those tools are only meant to assist DoJ members when trying to catch criminals not torture already convicted felons.

I am still requesting the evidence that the Capital City jail is an auto consent zone as I have never heard of this until after I was murdered. And even if Capital City jail is an auto consent zone I want it clear that I was forced onto the property against my will while offline and without the knowledge that is was auto consent zone. So as I never consented to even being on the property means that by putting me in jail then killing me claiming its an auto consent zone, they would be forcing me to consent against my will which you simple cannot do.

Finally I request my damages for the simple fact that I was already punished partially for my crimes in the form of cruel and unusual punishment by the murders. I also understand that you can not under normal circumstances take murder to court as it is dealt with by the DoJ but as the DoJ is the ones who committed these murders, I find this as an exception. I want to make sure that this doesn't happen again to me or to anyone else who may find themselves in prison. It is important that players feel safe around the people that protect them under any situation. I hope that the DoJ do what they stated in their motion to dismiss by punishing the Officers that committed the murders as well as the Sergeants who let it happen.

 

[Cherub54321]

Good Afternoon,

The Plaintiff's opening statement is noted. The Defence @Sparky now has 48 hours to present their opening statement.

That is all,
Thank You

 

[Cherub54321]

Good Morning,

Due to the forums shut down, the Defedent's 48 hours will restart, If there are any questions please feel free to let me know.

That is all,
Thank You

 

[TeddyTaps230]

Your honour,

Apologies for the lack of response In this case. The defendants lawyer recently resigned from the server as a lawyer and has left their cases to me. I request 24 hours to review this case and get back to you. This will most likely happen before the 24 hour period has closed

 

[Cherub54321]

Good Evening,

The defendant's request is granted and they are given a further 24 hours in which to make their opening statement.

That is all,
Thank You

 

[TeddyTaps230]

Your Honour,

On the date of the 5/22/22, Ko531 was force jailed on permission of staff using the /jail command as stated by Server Owner Koalition recently in Political Discussion. This is due to the plaintiff committing a large string of murder offences, some even aimed at new players which resulted in them logging straight off and not necessarily returning. Due to this, Koalition decided the best cause of action was to grant permission for the /jail command to be used and for Ko to be jailed forcibly.

Your Honour, while the DoJ does not condone the behaviour of the officers involved, they have each been punished for their actions. Infractions have been handed out and both Anthony and Megaminer have been demoted accordingly as well, in accordance with DoJ protocol.

The DoJ is unable to arrest these members for the murders committed as officialy the jail has been an auto consent zone for a few months now, and has signs on the doors to state that. Ko531 was once a police officer before being fired within the last 2 months for drug offences, and therefore knew this information. Their plea of no knowledge in this is simply a plea of ignorance in the hope of misleading the court.

In response to the plaintiffs claim that they were jailed while offline, I find this not necessarily to be true as their statement contradicts itself. They were jailed while offline, yet shortly after being jailed they were met by 5 visitors and killed in their cell? Clearly this shows that Ko may have been online when he was jailed and is potentially just using this as a further reason to claim they had no knowledge of the auto consent signs that have been there for at least a full term

 

[Cherub54321]

Good Evening,

The Defense's opening is noted. As per procedure, we will now be moving on to witness testimony. If either the plaintiff or defendant has witnesses for the court to hear, they are to make it known within 48 hours. If either party has no witnesses to bring forth, they are to reply by saying so.

If either party has questions, they are more than welcome to ask.

That is all,
Thank you

 

[ko531]

Your Honor,

Even though I was a PO for some time I honestly did not know that the jail was consent free, the only time I would have been at the station while a PO was while making arrest so I never really explored or hung out at the station to see the signs as I was only there for business. I can also say with evidence that I was offline when jailed since Megaminer was the one who told me through discord that I was jailed and which prompted me to log in a few minutes after I was jailed. So to argue the defenses claims, I am not trying to be misleading to the court

I also object to the evidence that the police station/jail is auto consent for 2 reasons. First reason being the wording on the sign. The sign does not say auto consent, it says consent free. This could mean that you can't consent on that property. For example when you see a drink that advertises itself as sugar free, everyone reads that as without sugar. So one could interpret the signs as saying you can not consent to murder while on the property. The second reason that I object is what legal power does a sign have? There is no law, act or bill that say you can change the consent rules with only a sign. If for some reason this objection is overrule, I have one question. Can anyone that owns property make is auto consent with only a sign? I sure hope not.

I have no witness testimony as my evidence is pretty self explanatory

 

[TeddyTaps230]

Objection your honour,

You requested witnesses, not an argument to an opening statement. I request the above comment from the plaintiff be struck from the record.

I will reply in due course with any witnesses we may wish to call.

 

[TeddyTaps230]

Your honour,

We would like to call one of the defendants. @Ryan_88 as a witness

 

[Cherub54321]

Good Evening,

I would first of all like to apologise for the late reply, I was busy over the weekend and was unable to get to this until today.

The plaintiff @ko531 has 24 hours in which to respond to the objection if they so chose. If not we will move on to the witness testimony after the 24 hours are up.

That is all,
Thank you

 

[ko531]

I have nothing to say about Ted's objections to my "argument" to his opening statement as I feel everything said was necessary but I would like a response by Ted about my objection on his evidence that the jail in an auto consent zone.

 

[Cherub54321]

Good Evening,

I am going to sustain the defendent's objection, there was no request for anyone to respond other than to present their witnesses. I would however like to see the evidence that the jail is an auto consent zone whenever the defendant is able to post it. We will now move on to the witness statement. Once the witness marks their presence in court, they will be questioned by the party which called them, in this case, the Defence. Once the direct examination has concluded, the plaintiff will be given the opportunity to cross-examine the witness if they so choose. After the cross, I will allow for one round of redirect/recross if either party feels necessary.

@Ryan_88 is required to appear in court as a witness. They are given 48 hours to mark their presence in the court; in other words, they must respond to the thread with a simple "present." Once they have responded, the Defence may begin their direct examination.

That is all,
Thank you

 

[Ryan_88]

present.