The Supreme Court of the Republic of Calaverde has convened to consider the case Diaz v. Speaker, full name Kenneth Diaz versus Speaker of the Parliament of Calaverde (SC-002) (the clerk at the court has taken the liberty of interpreting the defendant in the case as the Speaker of the House in his capacity as an administrative court under Section 7 of the National Judiciary Act, and not as private citizen Boris Johnson, not subject to appellate review).
The court consists of the following individuals:
Chief Justice de Lotbinière (Ainin)
Justice Laar (Malgrave)
Justice Paredes (Maklohi Vai)
Justice Eshendert (Battlion)
Justice Perez (Beta Test)
Court Clerk: Mr. Smith (Ainin)
The complaint:
In the Office of the Justices
For the Supreme Court of Calaverde
KENNETH DIAZ, in their Individual Capacity,
Plaintiff,
Case No.:
v.
BORIS JOHNSON, Speaker of the Parliament,
Defendant.
________________________________/
COMPLAINT FOR CONSEQUENTIAL DAMAGES, INJUNCTIVE RELIEF, AND TREBLE DAMAGES
1. Plaintiff Kenneth Diaz ("Diaz"), in their individual capacity, files this complaint against Defendant Boris Johnson ("Johnson") to recover consequential damages for concerns of contractual violation herein and treble damages and injunctive relief for the prevention of further offense from the Speaker of the Parliament for violation of Defendant's rights as defined by Government Establishment Act Chapter II Part II §1 Clause c and so alleges as follows:
GENERAL STATEMENT OF CONTROVERSY
Plaintiff, the individual KENNETH DIAZ, is Senator in the Calaverdean Parliament who represents the constituency of Areciba, north of Potato Island. Plaintiff has compiled all prerequisites to secure rights to legal action on behalf of the interests of the Parliament. Defendant, BORIS JOHNSON, is Speaker of the Parliament on behalf of appointment by the Prime Minister. Defendant, in their capacity as Speaker, violated Government Establishment Act Chapter II Part II §1 Clause c by way of exhibiting bias in discretion of legislative queue and deliberately ignoring Government-sponsored legislation. The Defendant's intention was, clearly by their actions, to push a personal agenda in direct violation of statutory regulations. This action involves the deprivation of Plaintiff's fundamental civil rights and parliamentary rights, Government's statutory rights to legislative queue, and Parliament's constituents' rights at-large to representation as the direct result of the actions attributable to the Defendant of the purported point of order, which was entered without vote or opportunity of objection on February 13, 2015. This action involves a the Defendant's decision to queue "Parliamentary Resolution on the Status of Masalbhumi," a non-government sponsored bill and one which the Speaker vocally supported, with higher priority than "International Cultural Organizations Membership Act," a government-sponsored bill which took 42 days before being queued as opposed to 9 days for the former resolution. Plaintiff seeks a temporary restraining order, injunction, consequential relief, and treble damages, serving appropriate punitive damages to BORIS JOHNSON, invoking edict rescission under procedural discrepancy of disordered bill, relieving KENNETH DIAZ of attorney fees and amicus class fees, and censuring Defendant BORIS JOHNSON in his capacity as Speaker of the Parliament.
JURISDICTION AND VENUE
1. This is a cause of action arising under the Government Establishment Act Chapter II Part II §1 Clause c and which, by right of codification, affirm preclusion of their non-specific victim's rights.
2. The Supreme Court of Calaverde have jurisdiction over this lawsuit because of the pursuant legislation's constitutional importance.
3. Plaintiff is a resident of San Cristobal, Calaverde.
4. Defendant is a resident of San Cristobal, Calaverde
5. The critical event which this action arises out of occurred in San Cristobal, Calaverde.
6. All parties have substantial contacts within San Cristobal, Calaverde, giving this Court jurisdiction.
7. Accordingly, this appeal shall occur within the Supreme Court pursuant to relevant jurisdiction and things.
THE PARTIES
1. Plaintiff Diaz is a citizen of Calaverde, a citizen of the City of Areciba, a resident of San Cristobal, Calaverde, a member of the Liberal Democratic Party, and a Senator in the Calaverdean Parliament who represents the constituency of Areciba, north of Potato Island.
2. Defendant Johnson is a citizen of Calaverde, a resident of San Cristobal, Calaverde, a member of the Liberal Democratic Party, and the Speaker of the Parliament.
3. Party deGroot is a citizen of Calaverde, a resident of San Cristobal, Calaverde, a member of the Free Citizen's Party, and a Senator in the Calaverdean Parliament.
GENERAL ALLEGATIONS
A DESCRIPTION OF FACTUAL EVENTS SUPPORTING THE RELIEF REQUESTED
1. During the Masalbhumi incident, Gloria deGroot, who is not a member of the governing coalition or independent as stipulated above, authored a resolution (see Exhibit "A").
2. This was submitted it to the Speaker's office after gaining the appropriate amount of sponsors.
3. The next day, Prime Minister Salvador O'Hara gave the bill government support (see Exhibit "B").
4. This support was reversed an hour and fifteen minutes later (see Exhibit "C").
4. A half an hour later, a bill was submitted by the esteemed Minister of Culture. (see Exhibit "D").
5. It received Government support fifteen minutes later (see Exhibit "E").
6. A week later, deGroot's resolution was brought to the floor for vote. (see Exhibit "F").
7. Lacking government support, it was chosen over the bill proposed by the Minister of Culture.
GENERAL ALLEGATIONS (CONT.)
ALLEGATIONS ESTABLISHING STANDING, RIPENESS, AND AN ENTITLEMENT TO RELIEF
20. The Parliament has a clear legal right to expect proper queuing of government sponsored legislation with prioritization over non-government sponsored legislation on behalf of the Speaker, and the Parliament's rights are explicitly violated by the Speakership's decision to adhere moreso in accordance with personal biases and agendas than with statutory law.
21. The Speaker was an ardent supporter of the bill, and it can only be assumed the bill was moved for partisan reasons. The Speaker should be a figure of strict impartiality.
22. In addition, Plaintiff is being denied from participating in the presentation of statutorily and parliamentarily protected activities, as fully described above, thus limiting Plaintiff's freedom of speech and expression, limiting freedom to debate in the Chamber on legislation that irrevocably concerns their welfare, all without justifiable cause and causing Plaintiff severe irreparable harm if the relief requested herein is not granted.
23. Plaintiff and the public at large will suffer irreparable injury if injunctive relief is not granted. If Defendant is allowed to continue to deny the Plaintiff the “Benefit of their Bargain,” and the Defendant is allowed to ignore the adverse consequences caused to Plaintiff and to the Calaverdean people by refusing to honor the elective rights of the Plaintiff, their implicative agreement and the conditions identified as a prerequisite to participation in the subject debate, it will cause a grave injustice of detrimental reliance as incurred by Plaintiff and an unspeakable injury to democracy to the Calaverdean Citizenry who fully participate in our democratic political process in electing public officers. The loss of rights guaranteed is so serious that, as a matter of law, irreparable injury is presumed.
24. The public interest would best be served by the granting of injunctive relief, and indeed, the public interest is disserved by permitting any limitation on the parliamentary process that would provide any official or their legislation or interests any advantage over any other official regarding the same legislative process, manifesting invalid "state action" which interferes with the public’s rights under the Government Establishment Act.
25. All conditions precedent to the institution and maintenance of this cause of action have occurred or have been performed.
26. The acts, practices and jurisdiction of the Defendant, BORIS JOHNSON, as set forth herein, were and are being performed under color of Calaverdean law and therefore constitute state action within the meaning of the Government Establishment Act.
27. The actions of the Defendant at issue herein violate the rights guaranteed to Plaintiff and constituents by the aforementioned statutes, quasi-contractual agreement, and natural rights in that they:
a. Abridge and restrain the Plaintiff's rights to free expression as guaranteed by the Government Establishment Act, natural and assumed rights of representatives to the Calaverdean legislature, and the doctrine of equitable estoppel;
b. constitute a prior restraint on such expression;
c. constitute an impermissible "chilling effect" on protected speech and expression;
d. deny equal protection of the law in that the actions taken by BORIS JOHNSON is biased, oppressive and capricious, and unreasonably require the Plaintiff to submit to controls not imposed on other similarly situated legislation on the basis of prejudice in favor of aforementioned legislation;
e. are arbitrary and capricious as applied to the subject Plaintiff;
f. are an unlawful exercise of unacceptable policies and unfetterred discretion in that there is no rational relationship to the protection of the public health and welfare or any legitimate governmental objective and they are not reasonable exercises of governmental discretion;
g. manifest an improper purpose in that the actions are not content-neutral and are related to the suppression of free parliamentary speech.
COUNT I
THE ACTS OF THE DEFENDANT VIOLATE THE DOCTRINE OF EQUITABLE ESTOPPEL UNDER ENGLISH COMMON LAW, CALAVERDEAN LAW, AND EQUITY
28. Plaintiff realleges and incorporates 1 through 27 as if fully set out herein.
29. Plaintiff invokes Lamb v. Camden LBC to evidence causation and Hughes v. Metropolitan Railway Company to define the relevant doctrine.
30. Defendant made a representation as to a material fact that is contrary to a later-asserted position.
31. The Parliament, on merit of being elected to the Calaverdean Senate, has every right to assume the right to debate on appropriate legislation without blocking by the Speaker or non-governmental, personal interests.
32. Defendant was appointed to position as president pro tempore and approved by the Parliament, effecting that they would act in the best governmental interests of the Calaverdean people and legislature.
33. Plaintiff is irreparably harmed by this action on behalf of the Defendant. Legislation was forced into debate in opposition to statutorily declared methods of queueing legislation.
WHEREFORE, Plaintiff prays for injunctive relief, consequential damages, treble damages, and for supplemental relief awarding all or some of the following:
a. Declaring that the Defendant, Boris Johnson, violated the doctrine of equitable estoppel by calling for debate on legislation unsuited to the parliamentary environment and, contrary to statute, postponing debate on a government sponsored bill extensively;
b. Issuing an immediate mandatory injunction requiring the Defendant, their agents, servants, employees, and others acting in concert with, or under the direction and control of Defendant, to act rescission of illegally passed legislation;
c. Issuing a permanent injunction, after appropriate proceedings in this matter, enjoining the Defendant, their agents, servants, employees, and others acting in concert with, or under the direction and control of Defendant, from administering, executing, and enforcing or threatening to enforce order of debate contrary to statute;
d. Awarding such other consequential monetary relief, as treble relief to award Plaintiff and to deter Defendant, as may be just and appropriate.
COUNT II
VIOLATION OF GOVERNMENT ESTABLISHMENT ACT CHAPTER II PART II SECTION I CLAUSE C BY DEFENDANT BORIS JOHNSON
34. Plaintiff realleges and incorporates 1 through 27 as if fully set out herein.
35. The actions of BORIS JOHNSON violate the relevant passages of the Government Establishment Act as aforementioned in a manner which harms the legislative process, the Parliament, and the Plaintiff.
36. The actions at issue herein impose restrictions, through the unfettered exploitation of nebulous and standardless demands for order of queueing which indicate bias. These demands are not fair and directly violate Plaintiff's parliamentary rights and prove no substantial government interest.
37. By the Defendant's actions' illegality they are null and void.
WHEREFORE, Plaintiff prays for injunctive relief, consequential damages, treble damages, and for supplemental relief awarding all or some of the following:
a. Declaring that the biased and capricious acts of the Defendant, in exploiting their governmental authority as a means to aid in the act of pushing personal agendas, to be an illegal violation of the Government Establishment Act, and therefore to be null and void ab initio;
b. Issuing a permanent injunction, after appropriate proceedings in this matter, enjoining the Defendant, their agents, servants, employees, and others acting in concert with, or under the direction and control of them from administering, executing, and enforcing or threatening to enforce the the counts contained herein;
c. Awarding such other consequential monetary relief, as treble relief to award Plaintiff and to deter Defendant, as may be just and appropriate.
COUNT III
THE ACTIONS OF THE DEFENDANT REFLECTS THE EXERCISE OF UNBRIDLED ADMINISTRATIVE DISCRETION AND SHOW THAT THIS FORCED WITHDRAWAL AND ITS IMPLICATIONS ARE UNACCEPTABLY BIASED
38. Plaintiff realleges and incorporates 1 through 27 as if fully set out herein.
39. The actions of the Defendant, by allowing the exploitation of unbridled administrative discretion, provide no procedural safeguards on the basis of debate.
40. This reflects the exploitation of unbridled administrative discretion and shows that the subject debate process is unacceptably biased, as set forth above, which has effected a complete and total deprivation of Plaintiff's civil, electoral, parliamentary, and human rights.
41. This is so determined in accordance with the Government Establishment Act, the Anti-Corruption Act, the Police Establishment and Powers Act, the Proper Procedure and Unacceptable Behavior Act of 2015, and by various precedents is evident potentially of graft, corruption, sedition, nepotism, and assorted behavior.
WHEREFORE, Plaintiff prays for injunctive relief, consequential damages, treble damages, and for supplemental relief awarding all or some of the following:
a. Declaring that the biased and capricious acts of the Defendant, in exploiting their governmental authority as a means to aid in the act of pushing personal agendas, to be an illegal violation of the Government Establishment Act, and therefore to be null and void ab initio;
b. Issuing a permanent injunction, after appropriate proceedings in this matter, enjoining the Defendant, their agents, servants, employees, and others acting in concert with, or under the direction and control of them from administering, executing, and enforcing or threatening to enforce the the counts contained herein;
c. Awarding such other consequential monetary relief, as treble relief to award Plaintiff and to deter Defendant, as may be just and appropriate.
Respectfully submitted,
Dated: March 14, 2015
Senator Kenneth Diaz,
by their legal counsel:
____________________
Lolita James, Esq.
#31415
The Ministry of Justice
Duty Counsel Service
San Cristobal, Calaverde, 10000
Exhibit A
Parliamentary Resolution On the Status of Masalbhumi
Author: Gloria deGroot [FCP]
Sponsors: Antonio Bolivar [DL], Tony Blair [LD], Boris Johnson [LD], Cristobal Araulla [LD], {Patria Magna} [NPF]
A resolution to preserve national unity and strike down self-proclaimed law and religious court.
Revocation of Autonomy
1. This act hereby declares the self-proclaimed state of autonomy in Masalbhumi to be fraudulent and reaffirms it's status as territory of Calaverde
1a. Declares Masalbhumi to be subject to national authority until new legislation permits it to govern itself
1b. Calls for the current group of people making up the city councils to disband
Declaration Against Sharia Courts
2. Declares that any court operating outside of the parameters of the National Judicial Act to be illegitimate and illegal
2a. Declares the Sharia courts in place to be illegal
2b. Calls for the disbanding of Sharia courts
Offenses Under this Act
Failure to abide by sections 1-1a; 2-2b may be subject to a maximum of 2 months imprisonment or a $2,000 fine for the crime of Seditious Acts Against the Unity of Calaverde
Exhibit B
Exhibit C
Beta Test wrote:EDIT: The Justice Minister has informed me of his opposition to the bill. We're now discussing it and other Justice related issues privately.
Exhibit D
International Cultural Organizations Membership Act
Author: Jean-François Rochefort (LDP)
Sponsors: Kenneth Diaz (LDP), Cristobal Araullo (LDP), Sebastián Luc Morales (DL), Eduardo Bustamante (LDP), Sebastian van Oldenbarnevelt (LDP), Sebastièn Canonge (LDP), Collatis (DL), Chaz Carrera (FCP)
Purposes
-To promote and preserve Calaverde’s various cultures through membership in international cultural organizations
-To seek better opportunities for Calaverdan citizens in Calaverde and abroad with programs such as cultural exchanges offered through these organizations
-To seek better international relations with nations of similar background to Calaverde through the membership of these organizations
La Francophonie
-The Republic of Calaverde shall hereby apply for full membership in La Francophonie due to Calaverde’s large Francophone population and history
-Through membership in this organization, the Republic of Calaverde shall affirm its commitment to the values of égalité, complémentarité, solidarité ("equality, complementarity, and solidarity") both domestically and internationally.
-The Government of Calaverde through its various ministries shall also fund and participate in La Francophonie’s various programs to promote the French language, democracy and human rights, sustainable development, and research and higher education in the French language, among other programs.
The Commonwealth of Nations
-The Republic of Calaverde shall hereby apply for full membership in the Commonwealth of Nations due to the large Anglophone population in the Calaverde and due to the important part of the United Kingdom in Calaverde’s pre-independence history.
-The Republic of Calaverde, through membership in The Commonwealth of Nations, shall affirm its commitment to world peace, democracy, and international development as stated in the Commonwealth’s various declarations.
-The Government of Calaverde through its ministries shall fund and partake in the Commonwealth’s programs that promote arts and culture, including participation in the Commonwealth Games, democracy and equality and sustainable development among other programs.
Organization of Ibero-American States
-The Republic of Calaverde shall hereby apply for full membership in the Organization of Ibero-American States (OEI) due to Calaverde’s geographical position and the status of the Spanish language among Calaverdean people
-The Republic of Calaverde shall also affirm its commitment to intergovernmental cooperation between Spanish and Portuguese speaking nations in the Americas.
-The Government of Calaverde through its various ministries shall also fund and participate in OEI’s various programs to promote the Spanish language while preserving multiculturalism, solidarity among Spanish-speaking peoples, sustainable development, and to spread education, technology, and science between member nations.
Dutch Language Union
-Due to Calaverde’s sizable Dutch-speaking minority and Dutch-influenced history, the Republic of Calaverde shall seek associate membership in the Dutch Language Union and pursue full membership, if possible.
-The Republic of Calaverde shall pursue programs to foster the Dutch language and its culture in Calaverde while still maintaining multiculturalism, in the spirit of the mission of the Dutch Language Union.
Exhibit E
Beta Test wrote:I also give that bill government support.
Exhibit F
The Nihilistic view wrote:"Order Order
On Parliamentary Resolution On the Status of Masalbhumi, those in favour say AYE those against NO.
viewtopic.php?p=23404443#p23404443
The court shall convene immediately for pre-trial closed-doors considerations.
ANNOUNCEMENTS
15 April: Individual government agencies are not subject to appeal, so the administrative team of the Court has decided to rename this case as Kenneth Diaz versus Parliament of the Republic of Calaverde, or Diaz v. Republic in short form.
18 April: The Court has ruled unanimously, per curium to dismiss the case without prejudice. See full reasoning.
