1IN THE CIRCUIT COURT

TWENTIETH JUDICIAL CIRCUIT

ST. CLAIR COUNTY, ILLINOIS

Mark R. McCoy, )
)
Plaintiff, )
)
-VS- )
) Case No.: 10 L 75
CITY OF FAIRVIEW HEIGHTS, a )
municipal corporation, JOSHUA )
ALEMOND, and AARON NYMAN )
)
Defendants. )

PLAINTIFFS INTERROGATORIES TO DEFENDANT, THE CITY OF FAIRVIEW

HEIGHTS

Plaintiff, Mark R. McCoy, propounds the following

interrogatories to be answered by Plaintiff within 28 days

pursuant to Supreme Court Rule 213(d) and seasonably supplemented

or amended pursuant to Rule 213(i) as additional information

becomes known.

DEFINITIONS

1. As used herein, the word Plaintiff refers to the

Plaintiff, Mark McCoy.

2. As used herein, the word Defendant refers to the City of

Fairview Heights.

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3. As used herein, the word complaint refers to the
complaint filed by the Plaintiff in this action.

4. As used herein, the date of occurrence refers to

February 17, 2009.

5. As used herein, occurrence refers to the events as

described in Plaintiffs Complaint, including any
subsequent amendments made thereto, that took place on
February 17, 2009.

6. As used herein, Police Department refers to the entity

commonly known as Fairview Heights Police Department,
located at 10027 Bunkum Road, Fairview Heights, Illinois
62208, and which employs Defendants Joshua Alemond and
Aaron Nyman, and should, for the purposes of this
Discovery, be considered inclusive of any reference to the
Defendant, the City of Fairview Heights.

7. As used herein, the words website, webpage, web

site, web address, link, url, blog, or site
shall include any type of information, record, document,
media, or any other type of document or record accessible
via a computer network and displayed to the user of that
network through the use of a computer program or
application commonly referred to as a web browser and
considered as performing the same functions as such
programs and/or applications as Microsoft Internet
Explorer.

8. As used herein, the word view, viewed, views, or

viewing, when used in an Interrogatory wherein a
reference to a web page, website, web address, link, or
url is made shall include accessing, observing or viewing
information in a web browser or browser, such as Internet
Explorer, Mozilla Firefox, Opera, Google Chrome, or other
facility whereby text and images are received over a
computer network and visually displayed to the user of
that device.

9. As used herein, Plaintiffs Declaration refers to a

document titled, Public Declaration of Sovereignty,
Expatriation, and Dissolution of all Previous National and
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 Political Allegiance, signed by Mark McCoy, and which was
filed with the St. Clair County Recorder of Deeds on Jan.
4, 2008, and which bears the Letter Number A02084317.

10. As used herein, the use of any noun in the singular

context also embraces and includes (if applicable) the
plural context.

11. As used herein, the phrase any knowledge of refers to

having seen, heard, touched, recognized, or otherwise have
been exposed to in any way through any physical faculty or
sense either directly or indirectly and embraces or
includes such other common words as aware, informed, or
recognize.

12. As used herein, the word record records or recording

includes, but is not limited to mechanical or electronic
recordings involving video, audio (or combination thereof)
documents (be they tangible or electronic), photographs
(be they digital or tangible), memoranda, reports,
transcripts, electronic mail (email), bulletins,
pamphlets, or any other printed communication (whether by
mechanical or electronic process), as well as all common
means, methods, or habits of preserving or memorializing
present-day communication.

13. As used herein, the word documents shall have the same
meaning ascribed in Illinois Supreme Court Rule 201(b)(1)
as well as manuals, pamphlets, bulletins, notices,
reports, video and/or photographic slides, presentations
(whether digital or otherwise), or any other type of
handwritten, typed, or electronic communication.

14. As used herein, the word rights shall mean Natural

Rights, inherent rights, inalienable rights (as such may
be referenced in Article I, Section I of the Constitution
of the State of Illinois), unalienable rights (as such may
be referenced in the Declaration of Independence), as well
as the power and authority to act autonomously and
peaceably; and which does not include or embrace Civil
Rights, privileges, legal rights, permissions, or other
liberties created or derived by any legislative or legal
construct.

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 15. As used herein, the word privilege shall mean
legislative or legal constructs which extend to licenses,
permits, registrations, benefits, or other permission to
do things not otherwise enjoyed or exercised as rights,
and for which an associated duty, obligation, or fee may
apply.

16. As used herein, the word self-defense shall mean the

Natural Right to protect ones self from bodily harm or
death as well as all reasonable actions and measures
chosen or otherwise necessary to facilitate or further
such ends.

INTERROGATORIES

Interrogatory Number 1: State any authority or power, including

but not limited to Constitutional or statutory, (be it State or
federal or foreign), common law, organic law, or otherwise, by
which the City of Fairview Heights exists, as well as any mission
statements, charters, decrees, proclamations, declarations,
purpose, intent, or other document which expresses or
communicates the functions, duties, obligations, rights, and
authority of the City of Fairview Heights.

Interrogatory Number 2: State the powers exercised pursuant to

answers to Interrogatory Number 1 whereby the Defendants, Joshua
Alemond and Aaron Nyman, act, serve, derive, or otherwise assume
any lawful or professional relationship with the Defendant, The
City of Fairview Heights.

Interrogatory Number 3: State the powers exercised pursuant to

answers in Interrogatory Number 1 by which the Defendant, the
City of Fairview Heights, creates, establishes funds or otherwise
supports any department, agency, or other function of police
powers, public safety, the Police Department, or other uniformed
and armed presence.

Interrogatory Number 4: State any document, record, order,

declaration, command, or direction issued by any governmental
entity (be it State, federal, foreign or otherwise) to the City
of Fairview Heights or of which the City of Fairview Heights has

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any knowledge, which in any way contravenes, circumvents,
repeals, suspends, modifies, alters, violates, conflicts,
supplements, or negates any of the powers or authority pursuant
to answers in Interrogatory 1, and if so, the signatories to
such, the entity issuing such, and date of such.

Interrogatory Number 5: State any agreements, contracts,

associations, affiliations, obligations or cooperation which are
inter-agency, inter-governmental, inter-state, intra-state, inter
departmental, or multi-jurisdictional in nature, including but
not limited to the receipt of monies, types of enforcement, (be
it traffic, drug, or otherwise), and any responsible parties
acting as signatories, agents, or representatives of the Police
Department pursuant to such agreements, contracts, or other
obligations. Such agreements, contracts, or other obligations
need only have been considered in-force at the time of the
occurrence.

Interrogatory Number 6: Identify any area, land, place, location,

street, road, highway, or other part or description of the
corporate municipal area claimed, controlled, or considered as
the Defendant which has been ceded to, assigned to, surrendered
to, or otherwise in control of (be it sole or jointly) by any
legal entity, governmental entity, or other entity, be it State,
federal, foreign, or otherwise, and which is separate and apart
from the Defendant.

Interrogatory Number 7: Identify any other filings, records,

documents, charters or any other device whereby the City of
Fairview Heights or the Police Department is listed, identified,
registered, or otherwise included as any business, trade,
occupation, service, headquarters, branch division, subsidiary,
or any other incorporeal manifestation or other capacity be it
for profit or not.

Interrogatory Number 8: Has the Defendant any knowledge of the

Plaintiff prior to the date of occurrence, which includes the
Plaintiffs reputation, name, writings, speech, associations,
opinions, beliefs, or other aspects thereof, and if so, by what
method, means, facility, person, or exposure did Defendant come
to realize such? (Include the names, dates, and context and
substance of any communications or information)

Interrogatory Number 9: Prior to the date of occurrence, has the

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Defendant possessed, received, transmitted, shared, disclosed,
destroyed, printed, filed, or otherwise have any knowledge of any
information of any kind which may in any way relate to or
reference the Plaintiff or any aspect thereof, as disclosed,
transmitted, or otherwise conveyed by any other agency,
department, government, municipality or other legal entity or
natural person be it local, state, or federal?

Interrogatory Number 10: After the date of occurrence, and

notwithstanding any information arising from the filing of
criminal charges or other act limited specifically to the date of
occurrence, has the Defendant any knowledge of the Plaintiff,
which includes the Plaintiffs reputation, name, writings,
speech, associations, opinions, beliefs, criminal record, or
other aspects thereof, and if so, by what method, means,
facility, person, or exposure did Defendant come to realize such?
(Include the names, dates, and context and substance of any
communications or information)

Interrogatory Number 11: After the date of occurrence, and

notwithstanding any information arising from the filing of
criminal charges or other act limited specifically to the date of
occurrence, has the Defendant possessed, received, transmitted,
shared, disclosed, destroyed, printed, filed, or otherwise been
made aware of or privy to any information of any kind which may
in any way relate to or reference the Plaintiff or any aspect
thereof, as disclosed, transmitted, or otherwise conveyed by any
other agency, department, government, municipality or other legal
entity or natural person be it local, state, or federal?

Interrogatory Number 12: Has the Defendant, or any agent,

assignee, representative, employee, acquaintance, affiliate,
associate, or other entity or person with the Defendants
knowledge, any knowledge of the Plaintiffs website,
http://www.markmccoy.com, or any web site related to or
referenced therein, and if so, state the individual viewing, date
viewed, web page viewed, purpose for viewing, and any subsequent
record pursuant thereto created by any and all persons or
individuals who were, are, or had been in possession or receipt
of said record.

Interrogatory Number 13: Both prior and subsequent to the date of

occurrence, identify any record disseminated, released,

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delivered, or otherwise maintained, controlled, or possessed by
the Defendant whereby the Plaintiff is mentioned, referenced, or
otherwise identified, and if such exist, list the authors,
creators, originators of such record, the date of creation, to
whom were the recipients, and the context and substance of said
record.

Interrogatory Number 14: Identify any and all documents or other

materials which relate in any way to Police Department training,
instruction, or policy for:
(a) Use of force against suspects and/or prisoners (both
lethal and non-lethal)
(b) Establishing probable cause or reasonable suspicion
(c) Effecting traffic stops (both felony and non-felony)
(d) Taking suspects into custody (including cuffing,
restraining, transporting, booking, holding, charging,
and releasing)
(e) Care and treatment of prisoners (both injured and non-
injured)
(f) Ascertaining identity of suspects
(g) Inspecting motorists for possible impairment (including
but not limited to alcohol or drugs)
(h) Effecting arrests, generally.
(i) Ascertaining the applicability, validity, or authority
of warrants as they may or may not apply to a suspect.

Interrogatory Number 15: Prior to or after the date of

occurrence, has the Defendant any knowledge of Plaintiffs
Declaration, and if so, identify any record thereto of which the
Defendant was a party or has knowledge thereof, as well as any
and all persons, parties, or individuals having knowledge of such
record, the date the Defendant came to have knowledge of said
Declaration, and the means by which the Defendant came to have
knowledge of said Declaration.

Interrogatory Number 16: Has the Defendant, or anyone on the

Defendants behalf, taken any statement from any witness to this
occurrence? If yes, please state: the name and address of each of
said witnesses; the date of each of said statement of said
witnesses; whether the statement was/were oral, recorded, and/or
written; and, if recorded or written, the name and address of
whom presently has custody of said statement.

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Interrogatory Number 17: On the date of the occurrence, were
there any recordings of the Plaintiff (whether he be visible or
not, but presumed to be actively or passively engaged in the
event being recorded) or of the scene of the occurrence, or of
any of the person or instrumentalities involved? If so, state the
date on which said records were created, the subject thereof, the
recording thereof, and the name and address of the individual who
presently has possession of said records.

Interrogatory Number 18: Did Defendant make an oral and/or

written complaint, report, or filing with any other law
enforcement agency or governmental entity regarding events
related to the occurrence at any time subsequent to the
occurrence? If so, state the date on which said complaint,
report, or filing was made, to whom said complaint, report, or
filing was made, whether the complaint, report, or filing was
oral or in writing, and if in writing, identify all individuals
having copy of said complaint, report, or filing.

Interrogatory Number 19: Were there any recordings of the

Plaintiff (whether he be visible or not, but presumed to be
actively or passively engaged in the event being recorded) during
the time he was removed from the scene, in custody, booked, held,
and finally released, on the date of the occurrence or of any of
the person or instrumentalities involved? If so, state the date
on which said record was created, the subject thereof, the
recording thereof, and the name and address of the individual who
presently has possession of said record.

Interrogatory Number 20: Were there any recordings of the

Defendants, Joshua Alemond and Aaron Nyman, (whether they be
visible or not, but presumed to be actively or passively engaged
in the event being recorded) during the time of the occurrence
(including up to and until the Plaintiff was released from
custody), or of any of the persons or instrumentalities involved,
including any communication with dispatcher, supervisor,
superior, prisoner, tow-truck driver, or any other person or
individual? If so, state the date on which said recording was
created, the subject thereof, the record thereof, and the name
and address of the individual who presently has possession of
said record.

Interrogatory Number 20: List any record created, possessed,

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controlled, or otherwise maintained by the Defendant which
relates in any way to any reprimand, disciplinary action,
admonishment, complaint, notice, warning, or otherwise, and which
involves any breach, violation, deviation, or other failure or
inability to adhere, follow, or comply with any and all rules,
orders, mandates, policies, instructions, or laws, as such apply
to the Defendants, Joshua Alemond and Aaron Nyman, while serving
in any official capacity, employment, contract, obligation, or
duty, and if such exist, provide the dates, names of those in
possession of, authors of, signatories to, subject of, and reason
for such records. Such records shall include, but not be limited
to, excessive use of force, use of non-lethal force, use of
lethal force, and misconduct.

Interrogatory Number 20: List any contracts, agreements, or any

other documents relating to any relationship between the
Defendants, Joshua Alemond and Aaron Nyman, and the City of
Fairview Heights, as well as any oaths of office, bonds, surety,
insurance, indemnification, liabilities, collective bargaining,
or any other documents, and in the event of oaths of office,
please provide the name, address, and date of the person
administering said oath of office.

Interrogatory Number 21: List any contact whatsoever with medical

personnel as a result of the occurrence, including but not
limited to EMS (Emergency Medical Services), paramedics, doctors,
nurses, practitioners, interns, or any other person trained,
licensed, or otherwise presumed capable, informed, learned, or
knowledgeable in the healing arts, emergency medicine, internal
medicine, diagnosis and/or treatment of injuries, or other
medical care, and ,if such contact was made, list the person
making such contact (including their name, address, title, badge
number, DSN number, direct superior and/or supervisor, and their
relationship with the Defendant), with whom such contact was made
(including the name thereof, address thereof, title thereof,
position thereof, training thereof, license thereof, employer
thereof) the reason for making such contact, the substance of the
contact, any action taken by both the Defendant and those
contacted subsequent to the contact, as well as any diagnosis,
observations, opinion, assessment, advice, interpretation,
report, treatment, or determination, and the name, address,
title, position, training, license, and employer of those making
such diagnosis, observation, opinion, assessment, advice,
interpretation, report, treatment, or determination.

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Interrogatory Number 22: List any documents, records, or any
other material or thing not heretofore requested which came to be
as a result of or subsequent to the occurrence.

Interrogatory Number 23: Is it the Defendants belief and/or

opinion that any power possessed and/or exercised by the
Defendant must first derive from a Sovereign People comprised of
free and independent individuals who exercise their power through
the Constitution of the State of Illinois, and if not, from
where, in the Defendants belief and/or opinion, does the power
possessed/exercised, originate?

Interrogatory Number 24: If the answer to Interrogatory Number 23

was in the affirmative, is it the Defendants belief and/or
opinion that the extent of the Defendants thereby
Constitutional power applies and extends only to those
creating, are party to, or who voluntarily consent and submit to,
the Constitution of the State of Illinois, and if not, to whom
else does the power extend to and by what authority, rationale,
or reason does it operate?

Interrogatory Number 25: If the answer to Interrogatory Number 24

was in the affirmative, is it the Defendants belief and/or
opinion that those who did not create, are party to, or otherwise
consent to powers exercised by the Defendant are beyond the
jurisdiction, control, or authority of the Defendant,
notwithstanding specific agreements, contracts, obligations, or
duties to which one may bind themselves, and if not, by what
authority, rationale, or reason does the Defendant exercise power
or jurisdiction over those who do not to consent?

Interrogatory Number 26: Is it the Defendants belief and/or

opinion that the Plaintiff has rights which are antecedent to,
and beyond the scope and control of government, and which derive
from a source known only to the Plaintiff, and if not, what
rights does the Defendant recognize as belonging to the Plaintiff
and from where/whom do they derive or originate?

Interrogatory Number 27: If the answer to Interrogatory Number 15

was in the affirmative, list any proof, evidence, record, or
document which supersedes, negates, nullifies, contravenes, or is
otherwise superior to said Declaration or any part thereof, and

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by what authority, power, rationale, or reason operative
thereupon.

Interrogatory Number 28: If the answer to Interrogatory Number 15

was in the affirmative, is it the Defendants belief and/or
opinion that the Plaintiff has a right to do all peaceable, non-
violent things within his natural power and Sovereign capacity,
provided such rights do not violate the like-rights, life, or
property of other natural-born individuals, notwithstanding
specific privileges, agreements, contracts, obligations, or
duties to which one may bind themselves, and if not, by what
authority, power, rationale, or reason are such unalienable
rights limited, restricted, regulated, or otherwise disavowed?

Interrogatory Number 29: Is it the Defendants belief and/or

opinion that the Plaintiff has a right of self-defense against
any individual or person aggressing, assailing, assaulting,
attacking, or otherwise laying any hand or using any weapon
against the Plaintiff, regardless of any office, position, title,
or rank, notwithstanding a violent act originating with the
Plaintiff, and if not, to whom or what must the Plaintiff
surrender, waive, or otherwise be precluded from defending
himself from, submitting to, or otherwise be obligated, bound, or
otherwise placed in peril or punished for exercising said right,
and under what circumstances?

Interrogatory Number 30: List, with specificity, the acts or

actions taken by the Plaintiff on the date of occurrence, which
gave rise to any emergency, criminal act (as well as whether the
criminal act is cognizable to common law, civil law, or
administrative law and the supporting legislation thereof),
violation or infringement of any right belonging to any other,
and which necessitated any act of self-defense by any other
person or individual, and whether such act or actions posed an
immediate threat to the health or safety of the public-at-large
or property thereof.

Mark McCoy, Plaintiff

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 Date

STATE OF ILLINOIS )
) SS
COUNTY OF ST. CLAIR )

CERTIFICATE OF SERVICE

I, the undersigned, on oath state that I served the forgoing Plaintiffs Interrogatories to
Defendant, the City of Fairview Heights, for Case No. 10 L 75 to the following person(s):

Julie A. Bruch
Joshua S. Abern
OHalloran Kosoff Geitner & Cook, LLC
650 Dundee Road, Suite 475
Northbrook, Illinois 60062

and

Dawn A. Sallerson
Hinshaw & Culbertson, LLP
521 West Main Street, Suite 300
Belleville, Illinois 62222

By filing and leaving copies with the Clerk of the Circuit Court for the Twentieth Judicial Circuit,
St. Clair County, Illinois on June 17, 2010 and personally tendering same to the Defendants
attorneys of record.

Mark R. McCoy, Plaintiff

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