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  • Traffic Negative Averment Counterclaim

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    Luis A del Mazo
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    The negative averment is putting the burden of proof on the ones making an accusation and the counterclaim is to make a claim for the damages that the state has caused to by detaining an individual on a misdemeanor, which is a non arrestable offense as long as the crime does not continue.

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    The negative averment is putting the burden of proof on the ones making an accusation and the counterclaim is to make a claim for the damages that the state has caused to by detaining an individual on a misdemeanor, which is a non arrestable offense as long as the crime does not continue.

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    © All Rights Reserved
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    324 views12 pages

    Traffic Negative Averment Counterclaim

    Uploaded by

    Luis A del Mazo
    The negative averment is putting the burden of proof on the ones making an accusation and the counterclaim is to make a claim for the damages that the state has caused to by detaining an individual on a misdemeanor, which is a non arrestable offense as long as the crime does not continue.

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    © All Rights Reserved
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    a0 nL az as “ 15 16 a 18 19 20 aa 22 23 24 25 26 27 28 29 30 WILSON COUNTY GENERAL SESSION COURT Luis A. del Mazo, Jt... pro se , : \od Plaintiff Wy 5 2 Ors Se vs. eto ramen one ga, FILED CITY OF MOUNT JUILIET, WoW Mak 25 205 PM. MOUNT JUILIET POLICE, DEPARTMENT, MATHEW MANG, KRIS ELLIOTT Defendants WILSON COUNTY, TN AFFIDAVIT OF SPECIFIC NEGATIVE AVERMENT, MOTION TO DISMISS, COUNTERCLAIM AND OPPORTUNITY TO CURE Comes now Luis A. del Mazo, by special visitation and not appearing generally, before this court seeking a remedy in as is provided by LAW. Luis A. del Mazo is a resident and citizen of the Republic of Tennessee and is @ competent man of sound mind and herby acknowledges the following statements made to be true and correct, NOTICE: THIS CLAIM/COMPLAINT IS NOT INTENDED TO THREATEN, HARASS, HINDER OR OBSTRUCT ANY LAWFUL OPERATIONS. IT IS FOR THE PURPOSES OF OBTAINING LAWFUL REMEDY AS IS PROVIDED BY LAW. PARTIES 1.) Plaintiff/Counter claimant, Luis A. del Mazo, Jr., being a citizen of the Republic of ‘Tennessee and at all times relevant hereto and residing and doing business in Davidson County. 2.) DEFENDANT State of Tennessee and or its affiliate The City of Mount Juliet and the Mount Juliet Police Department is a municipal entity chartered and doing business in Wilson County. The State of Tennessee operates judicial process including judicial services at Wilson APFIDAVIT OF SPECIFIC NEGATIVE AVERMEND a0 uu 2 aa ry 15 uv 18 19 20 aa 22 aa 24 25 26 2 2a 29 30 County courthouses; creates and implements judicial policies, customs, and practices ‘administered by judicial officers, administrators, and staff; tothe citizens of Wilson County, 4.) DEFENDANTS Mathew Mang and Kris Elliott are authorized representatives and Public Servant for the Mount Juliet Police Department and the City of Mount Juliet, and at all times relevant herein. they exercise “day-to-day oversight and administrative management” of the Policing, operations, services, personnel, paperwork therein, and receives all compensation from the City of Mount Juliet. Il. NEGATIVE AVERMENT AND MOTION TO DISMISS RULE 12.02: HOW PRESENTED. Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim, shall be asserted in the responsive pleading thereto if one is Tequired, except that the following defenses may at the option of the pleader be made by motion in writing: (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the Person, (3) improper venue, (4) insufficiency of process (traffic citations or false arrest is not service), (8) insufficiency of service of process, (6) failure to state a claim upon which relief can be granted, (7) failure to join a party under Rule 19, and (8) specific negative averments made pursuant to Rule 9.01. A motion making any of these defenses shall be made before pleading if a further pleading is permitted. No defense or objection is waived by being joined with one or more other defenses or objections in a responsive pleading or motion. If a pleading sets forth a claim for relief to which the adverse Party is not required to serve a responsive pleading, the adverse party may assert at the trial any defense in law or fact to the claim for relief. If, on a motion asserting the defense numbered (6) to dismiss for failure to state a claim upon whieh relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as Provided in Rule 56, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 56. APEIDAVIT OF SPECIFIC NEGATIVE AVERMENT 18 a9 20 a. 22 23 24 25 26 2 28 29 30 Advisory Commission Comment [2014] 12.02. Effective July 1, 2012, Tennessee Code Annotated Section 20-12-119 was amended to add subsection (¢) which authorizes the trial court, under certain circumstances, to award costs ‘and reasonable and necessary attomey's fees to a party who prevails on a motion to dismiss for failure to state a claim upon which relief may be granted, Section 20-12-119(c) requires the party or parties whose claim or claims were dismissed to pay the awarded costs and fees, NEGATIVE AVERMENT I: MUFFLER LAW : (ALLEGED INTIAL CAUSE OF ACTION) THE BURDEN OF PROOF IS ON THE PARTY MAKING THE ACCUSATION. Plaintiff was pulled over on accusation based on a suspicion, derived from conjecture and speculation of 3 loud exhaust sound from plaintiff's muffler. Unless the officer Is had @ DBA meter or undeniable proof he can't enforce the law and any action either taken intentionally or negligently is an unlawful, liable and accountable act. On Sunday, March 15, 2014 Officer Mathew Mang and Kris Elliott from the Mount Juliet police department unlawfully stopped Plaintiff Luis A. del Mazo and unlawfully arrested Plaintiff despite the fact that there was no warrant out for Plaintiff, Luis del Mazo’s arrest, there was no probable cause or cause of action, There was no disturbance of the peace, no injured party or injured party present. THERE WAS OR IS NO EVIDENCE THAT LIKELY HOOD OF THE OFFENSE WOULD HAVE CONTINUED AS PLAINTIFFS GIRLFRIEND AND WITNESS DROVE OFF IN THE VEHICLE WITH ALTERD PLATE, EVIDENCE OF THE NON ARRESTABLE MISDEMEANOR OFFENSES. PLAINTIFF NOTIFIED DEFENDANTS OF RIGHTS AND Tenn. Code Ann. § 40-7-103(a)(1) CITE AND RELEASE STATUE. Plaintiff WAS INTENTIONALLY DENIED DESPITE DEFENDANTS CLEAR AND PRECIESE KNOWLEDGE OF THE SITE AND RELEASE STATUE AND INTENTIONALLY VIOLATED, HARMING, HARRASING, ASSULTING, BATTERING, TRESSPASSING ON PERSON, FALSE ARRESTING, ABUSEING OF POWER, DENING OF DUE PROCESS, EXTORTION, OBSTRUCTING AFFIDAVIT OF SPECIFIC NEGATIVE AVERMENT 10 aa 2 a3 18 16 u 18 19 20 au 22 23 24 25 26 27 2a 29 30 JUSTIC, DISHONOR IN COMMERCE, AND AT ALL TIMES RELEVANT TOO TO PLANTIFFS INJURIES. There is no evidence to the contrary and if there is let the District, Attorney present with verified affidavit and with his unlimited commercial liability such evidence, Tenn. Code Ann. § 40-7-103(a)(1). With regard to misdemeanors, Tennessee has adopted a “cite and release” statute that requires an officer to cite and release the misdemeanant rather than effect a custodial arrest. Tenn. Code Ann. § 40-7-118 (b) (1) provides in part: A peace officer who has arrested a person for the commission of a misdemeanor committed in the peace officer’s presence . .. shall issue a citation to the arrested Person to appear in court in lieu of the continued custody and the taking of the arrested person before a magistrate. Due to the fact that the defendants were well aware and notified by plaintiff if this Cite and Release statue defendants continued their unlawful action of trespassing on plaintiff by depriving plaintiff of his liberty and by aggressively apprehending plaintiff and committed assault and battery. NEGATIVE AVERMENT IL : DRIVING ON A REVOKED LICENSE AND AND ALL OTHER MISC. CHARGES: MOTION TO DISMISS RULE 12.02(1)(2(5)(6)(7)(8). Luis A. del Mazo, a Natural man, created by God am NOT the same as the Fictitious Entity, all ‘capital letter named, LUIS ALEXANDER DEL MAZO that was created by the State. I do not ive any consent, in any capacity, to this court to place upon me any responsibility for this all capital letter name Fictitious Entity that was created by the state, Simply put I am not the same and I believe that there is no evidence to the contrary. I have no contract with you and do not consent to any contract with you. If you presume that I have a contract with you I rebut any resumption of any contract that you may presume that I have with you. This is evidenced by documents that are on file with the Tennessee Secretary of State, the public records of this County, and records of this Court. If the Defendants have any lawfully documented evidence to the contrary let them come forth now On and For the official Record and let the District Attomey| AFFIDAVIT OF SPECIFIC NEGATIVE AVERMENT 10 u 2 13 u 16 u 18 19 20 a 22 23 24 28 26 a7 28 29 30 certify their evidence, under their unlimited commercial liability, while under oath, and under Penalties of the law including Perjury. There was no warrant out for plantfisarest and was improperly served as Tennessee Rules of Civil procedure 12:02 legislate, No Claimant Present and no ral claim. Just an unverified by a third party complaint issued and signed by the same individual making the accusation on the state “entities” behalf. Failure to continue this action ‘without proof of your “claim” is Abuse of Process, Dishonor in Commerce, Abuse of Power, Extortion, Coercion, Obstruction of Justice, Denial of Due Process, etc. I believe there is no evidence to the contrary. Il. COUNTERCLAIM JURISDICTION 2010 Tennessee Code -Title 16 ~ Courts -Chapter 15 - Courts of General Sessions -Part 5 - Jurisdiction -16-15-501(c)(1) ,(4)(1) - General jurisdiction. @ (1) The jurisdiction of courts of general sessions, where they have been created, shall extend to the sum of twenty-five thousand dollars ($25,000) in all civil cases, both law and equity; provided, that this section shall not apply to eases of forcible entry and detainer, in ‘hich the court shall have unlimited original jurisdiction; and provided further, that this section shall not apply to actions to recover personal property, in which the court shall have unlimited original jurisdiction, including jurisdiction to award an alternative money judgment; and general sessions judges shall have jurisdiction to issue restraining orders ‘nd to enforce the penalty provisions for violation of those restraining orders. 2010 Tennessee Code Title 39 - Criminal Offenses Chapter 16 - Offenses Against ‘Administration of Government Part 4 - Misconduct Involving Public Officials and Employees 39-16-402, 39-16-401 - Official misconduct. 39-16-401. Definitions for public misconduct offenses. AFFIDAVIT OF SPECIFIC NEGATIVE AVERMENT 10 n a 13 15 16 uw ae 19 20 a 22 2a 24 25 26 2 28 29 30 ‘As used in this part, unless the context otherwise requires: () “Act” means a bodily movement, whether voluntary or involuntary, and includes speech; @) “Law” means the constitution or a statute of this state or ofthe United States, a written opinion of a court of record, a municipal ordinance, or a rule authorized by and lawfully adopted under a statute; and (3) “Public servant” means a person elected, selected, appointed, employed, or otherwise designated as one (1) of the following even if the public servant has not yet qualified for office or assumed the duties: (A) An officer, employee, or agent of government; 39-16-402, Official misconduct. (@) A public servant commits an offense who, with intent to obtain a benefit or to harm another, intentionally or knowingly: (2) Commits an act relating to the servant's office or employment that constitutes an unauthorized exercise of official power; (2) Commits an act under color of office or employment that exceeds the servant's official power; ) Refrains from performing a duty that is imposed by law or that is clearly inherent in the nature of the public servant's office or employment; (4) Violates a law relating to the public servant's office or employment; or (8) Receives any benefit not otherwise authorized by law. (b) For purposes of subdivision (a)(2), a public servant commits an act under color of office or employment who acts or purports to act in an official eapacity or takes advantage of the actual or purported capacity. (@) An offense under this section is a Class E felony. (©) Charges for official misconduct may be brought only by indictment, presentment or criminal information; provided, that nothing in this section shall deny a person from pursuing other criminal charges by affidavit of complaint, ‘tp: /Neaw justia com/codes/tennessee/201 0/title-39/chapter-16/part-4/39-16-402/ AFFIDAVIT OF SPECIFIC NEGATIVE AVERMENT Ee 2 as aa 1s 16 u 16 19 20 a 22 23 2 25 26 a 28 29 30 Count 1 Megal Search, Seizure, Assault, Battery, False Arrest, and Imprisonment ‘Deprivation of Constitutional Rights Under Color of State Law Tennessee State Constitution Articles 1 Sections 2,7,8,9,10,14,22 2010 Tennessee Code Title 39 - Criminal Offenses Chapter 16 - Offenses Against Administration of Government Part 4 - Misconduct Involving Public Officials and Employees 39-16-402, 39-16-401 - Official misconduct. 39-16-401(a)(1)(2)(3) 5 thousand dollars per count per person 1.) DEFENDANTS have Used, attempted, and threatened use of force CULPABLY and UNREASONBLY (to be defined as “without due car, in breach of duty ‘without provocation, justification, defense, privilege or immunity, and in an ‘unjustified and excessive manner”); Terrorized, seized, detained, restrained, arrested, ‘imprisoned, assaulted ,searched, injured, cruelly and unusually punished, harassed, intimidated And annoyed Plaintiff Luis A. del Mazo, Jr. in violation of his rights. These and other terroristic threats, abuse, assaults, and illegal activity described herein shall be denominated HARRASSEMENT AND ABUSE 2). Asan actual and proximate result, PLAINTIFF has been HARMED Count 2 Denial of Due Process / Culpable Breach of Duty Deprivation of Constitutional Rights and Malfeasance of a Public official Tennessee State Constitution Articles 1 Sections 2, 7,8,9,10,14,22 All Defendants as Indicated 2010 Tennessee Code Title 39 - Criminal Offenses Chapter 16 - Offenses Against Administration of Government Part 4 - Misconduct Involving Public Officials and Employees 39-16-402, 39-16-401 - Official misconduct. 39-16-401(a)(1)(2)(3)5 Thousand dollars per count per person AFFIDAVIT OF SPECIFIC NEGATIVE AVERMEWE 10 a B u 15 16 ra a8 19 20 a 22 23 24 25 26 27 28 29 20 ‘The Fourteenth Amendment's Due Process Clause has a substantive component that "provides heightened protection against goverment interference with certain fundamental rights and liberty interests," Washington v. Glucksberg, 521 U.S. 702, 720, including the fundamental right to travel 3.) Atall times pertinent hereto, DEFENDANTS, and each of them, owe one or more PROFESSIONAL DUTIES to PLAINTIFF with respect to their status as a citizen retaining all his constitutional rights. 4) Said PROFESSIONAL DUTIES include: A. All RESPONDANTS: Duty of ordinary reasonable care: The duty to act REASONABLY, and to avoid acting UNREASONABLY and CULPABLY. 5.) Exervise color of law powers only in the presence of jurisdiction: those provided under enabling legislation, rules, charters, or constitutions; protect uphold, and defend the laws and the Constitution of the United States; act only in the public interest; provides only honest Sovernment services; avoid all conflict, undue influence, bribery, self-dealing, bias, nepotism; commit no deprivations of clearly established civil rights; create or inflict no HARM unless specifically authorized after due process of law 6.) Contractual: Specific duties under contract, and duty of good faith and fair dealing; 7.) Municipal: Enact no policies, rules, laws, customs, behaviors or procedures which are intended to or deliberately indifferent to constitutional injury. 8.) Pursuant to T.C.A. § 3-6-106, the Tennessee Ethics Commission, Guiding principles of ethical conduct for Publie Officials , Article Il, Section 1, and 1(a), and 2 (a) (hutp://www-tn.gov/sos/tec/GuidingPrinciplesOfficials.pdf )“a public employee is liable for injury caused by his act or omission to the same extent as a private person.” This special “ordinary care” duty of Tennessee state public employees extends not only to avoid harm by the Public employee’s direct actions, but to avoid harm to all those who are foreseeably injured by Virtue of the public employee’s actions which “set in motion” acts that result in constitutional injury. Count 3 Trespass Under Color of Law Tennessee State Constitution APFIDAVIT OF SPECIFIC NEGATIVE AVERMENT 10 a 2 as aa 15 16 a 1e 20 aa 22 23 24 25 26 20 28 29 20 Articles 1 Sections 2,7,8,9,10,14,22 Supplemental State Claim Against All 2010 Tennessee Code Title 39 - Criminal Offenses Chapter 16 - Offenses Against Administration of Government Part 4 - Misconduct Involving Public Officials and Employees 39-16-402, 39-16-401 - Official misconduct. 39-16-401(a)(1)(2)(3)S thousand dollars per count per person 8.) Each DEFENDANT acting under color of state law is empowered and restrained from acting by virtue ofthe respective constitutions, charters, articles of incorporation, appointments, or other entity formation documents describing the DEFENDANTS jurisdiction, 9) In proceeding as described DEFENDANTS, and each of them acted in the complete absence of jurisdiction, causing “off the reservation” injury. 10.) In exceeding the limits oftheir authority, DEFENDANTS, and each of them, committed a ‘trespass onto the property, persons, rights, privileges, and immunities of PLAINTIFF and are strictly liable for all HARM resulting therefrom. 11.) As an actual and proximate result, PLAINTIFF has been HARMED Count 4 Municipal Liability Deprivation of Rights under Color of State Law Tennessee State Constitution Articles 1 Sections 2,7,8,9,10,14,22 5 thousand dollars per count per person 2010 Tennessee Code Title 39 - Criminal Offenses Chapter 16 - Offenses Against Administration of Government Part 4 - Misconduct Involving Public Officials and Employees 39-16-402, 39-16-401 - Official misconduct. 39-16-401(a)(1)(2)(3) 12.) DEFENDANTS in this Count are “governments beneath the state level” within the definition of that term in Board of Comm'rs v. Brown, 520 U.S. 397(1997). MUNICIPAL DEFENDANTS) AFFIDAVIT OF SPECIFIC NEGATIVE AVERMEWT 10 a a as u 16 u 18 18 20 a 22 23 4 25 26 ar 28 29 30 13) DEFENDANTS maintained rules, policies, customs, procedures, traditions, practices and Permitted behaviors by policymakers themselves which perpetrated an intentional, reckless, and

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