Hello,
I was given a No-Contact Order on 1 September 2011, based off an email I sent the complainant stating "I can email you whenever I want". The complaining witness also alleged acts that occurred in 2008, the subject of a lawsuit which I filed against the Complaining Witness.
The Associate Judge granted the complainant's petition on the basis that "one email is enough, she was represented by counsel". Apparently the Associate Judge viewed the complainant being sued by me as entitling her to a protective order. An appeal was immediately filed.
On 13 September 2011 I was taken into custody for "violation of a civil no-contact order". The Police making the arrest made statements indicating that, "they did not want to drive here and arrest you", and that complaining witness and her lawyer (in the federal case) kept complaining and are trying to build a case.
The "violation" is alleged by the Defendant making a website blog and "inviting people to talk about the CW, her family, and friends". The Blog also contained pictures of the complaining witness taken from her own facebook account. The State is alleging that these pictures were taken without the permission of the complaining witness (like that matters), but ignores the fact that these pictures were made public by DC herself and are not obscene. Additionally, the blog was created two months before the order was entered.
On 14 September I appeared before the bail Judge. An order of no probable cause to detain was entered.
On 28 September 2011 the complaining witness was not in court when the case was called at approximately 9:20 a.m., the case was SOL'd. The State is seeking to reinstate these charges, "because the complaining witness was late to court", and has a scheduled motion on 19 September 2011. I filed a motion to dismiss.
The state cannot prove it's case because the alleged conduct falls under the free speech exception in the statute and the acts, even if it were a violation of the OP, occured before the order was issued. (The order says no contact, and not to commit "stalking" as defined as 2 or more acts, directed at a specific person, that threatens physical injury or causes a person to suffer emotional distress).
Here we are dealing with an internet blog, that at the time was blank, it now has stories relating to other matters.
By question is this: Assuming I win the motion to dismiss, which should enable me to file a title 42 § 1983 complaint in Federal Court against the officers for false arrest, can I also bring the complaintant to court for Abuse of Process/Malicious prosecution based soley on State claims?
In other words, Can you have a federal question on one Defendant, and on another private defendant (a non-state actor residing in the same state) bring only state-law claims, if the claims are related and arise from the same conduct?
I was given a No-Contact Order on 1 September 2011, based off an email I sent the complainant stating "I can email you whenever I want". The complaining witness also alleged acts that occurred in 2008, the subject of a lawsuit which I filed against the Complaining Witness.
The Associate Judge granted the complainant's petition on the basis that "one email is enough, she was represented by counsel". Apparently the Associate Judge viewed the complainant being sued by me as entitling her to a protective order. An appeal was immediately filed.
On 13 September 2011 I was taken into custody for "violation of a civil no-contact order". The Police making the arrest made statements indicating that, "they did not want to drive here and arrest you", and that complaining witness and her lawyer (in the federal case) kept complaining and are trying to build a case.
The "violation" is alleged by the Defendant making a website blog and "inviting people to talk about the CW, her family, and friends". The Blog also contained pictures of the complaining witness taken from her own facebook account. The State is alleging that these pictures were taken without the permission of the complaining witness (like that matters), but ignores the fact that these pictures were made public by DC herself and are not obscene. Additionally, the blog was created two months before the order was entered.
On 14 September I appeared before the bail Judge. An order of no probable cause to detain was entered.
On 28 September 2011 the complaining witness was not in court when the case was called at approximately 9:20 a.m., the case was SOL'd. The State is seeking to reinstate these charges, "because the complaining witness was late to court", and has a scheduled motion on 19 September 2011. I filed a motion to dismiss.
The state cannot prove it's case because the alleged conduct falls under the free speech exception in the statute and the acts, even if it were a violation of the OP, occured before the order was issued. (The order says no contact, and not to commit "stalking" as defined as 2 or more acts, directed at a specific person, that threatens physical injury or causes a person to suffer emotional distress).
Here we are dealing with an internet blog, that at the time was blank, it now has stories relating to other matters.
By question is this: Assuming I win the motion to dismiss, which should enable me to file a title 42 § 1983 complaint in Federal Court against the officers for false arrest, can I also bring the complaintant to court for Abuse of Process/Malicious prosecution based soley on State claims?
In other words, Can you have a federal question on one Defendant, and on another private defendant (a non-state actor residing in the same state) bring only state-law claims, if the claims are related and arise from the same conduct?
Last edited by a moderator: