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
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 _____________________________________