STATE OF NEW MEXICO
IN THE SECOND JUDICIAL DISTRICT COURT
DAVID DERRINGER
Plaintiff,
No. CV-2012-01307
v.
DEBBIE HARMES, IRWIN HARMES, STEVE MAESTAS, NAI MAESTAS AND WARD LLC, SUN VISTA, AND MULTIPLE DEFENDANT CO-CONSPIRATORS OF MEN, AND WOMAN FRIEND OF BARRIE
Defendants,
COMPLAINT FOR INJUNCTIVE RELIEF, FRAUD, FRAUD IN THE INDUCEMENT, FRAUDULENT MISREPRESENTATION, MISREPRESENTATION, UNJUST ENRICHMENT, CONVERSION OF PERSONAL PROPERTY, ASSAULT, ILLEGAL DETAINMENT, CONSPIRACY, MALICIOUS INTERFERENCE WITH A LEGAL MARRIAGE, EMOTIONAL DISTRESS AND MENTAL ANGUISH, PUNITIVE DAMAGES, AND PRIMA FACIE TORT
Plaintiff, David Derringer representing himself Pro-Se states his complaint as follows:
Jurisdiction and Venue
1) Plaintiff David Derringer, (hereinafter “Derringer”) was violated by the Defendants in numerous torts involving “personal property”, marital rights, assault, illegal detainment, conversion, emotional distress and other torts wherein the venue and jurisdiction is proper in the venue of the Plaintiff, in the City of Albuquerque, New Mexico in the County of Bernalillo, State of New Mexico.
2) Upon information and belief the Defendant Debbie Harms, Irwin Harms, Steve Maestas, and other Defendants to be named and summoned upon discovery acquisition of names and addresses are located in the City of Albuquerque, New Mexico in Bernalillo County
3) Upon information and belief, Defendant NAI Maestas and Ward LLC is a corporation with business at 6801 Jefferson , NE , Albuquerque , New Mexico 87110
4) All Defendants not named are either employees of NAI Maestas and Ward LLC, are individuals that have a shared interests and are involved in the conspiracy with all named other Defendants to brainwash and assist Barrie Derringer divorce or remover herself from the company of husband David Derringer so that Barrie Derringer can continue to be intimidated, forced, coerced and made both slave and subservient to have to work long excessive hours at NAI Maestas and Ward, continue to have NAI Maestas and Ward abuse Barrie Derringer in violation of both state and federal laws, depriving Barrie Derringer of 15 minute morning and afternoon breaks, depriving Barrie Derringer of a lunch break each day, abusing Barrie Derringer both verbally and with extreme work load in which husband Plaintiff had both complained about and made concentrated effort to have Barrie Derringer quit and leave NAI Maestas and Ward, all Defendants have committed one or more torts against David Derringer over “personal property”, mental and physical detainment and assault, and other torts wherein Derringer is in this State of New Mexico, out of which various causes of action stated in this complaint arise, and all Defendants have acted in conspiracy with each other to complete all torts and deprivations against the Plaintiff, break up the Derringer marriage so as to also complete all torts against the Derringer family in abuse of the proven suggestive, easily intimidated, easily manipulated, and mentally unstable David Derringer wife Barrie Derringer, employee of Defendant NAI Maestas and Ward.
5) The Plaintiff’s cause of action arose with Derringer at all times in New Mexico, with all torts arising in New Mexico, and all “conspiracy” torts, conversion, property damages, assault and other matters by all Defendants, so venue is proper in the Second Judicial District Court for jurisdiction of all legal and substantive matters, and the Second Judicial District Court has personal jurisdiction thus over both the parties as individuals, the corporation of NAI Maestas and Ward, and the subject matter.
General Allegations Common to all Counts
1) Plaintiff adopts and incorporates by reference herein paragraphs 1-5 of the Complaint as if set forth in full.
2) David Derringer is the lawful husband of wife Barrie Derringer, who is an employee of Defendant NAI Maestas and Ward, of which her “bosses” are Defendants Debbie Harms, Irwin Harms, and Steve Maestas. For a period of over two years Defendant NAI Maestas and Ward with attending “bosses” of Defendants Debbie Harms, Irwin Harms, and Steve Maestas have been illegally working Plaintiff’s wife Barrie Derringer without mandated 15 minute morning and afternoon work breaks, and without a lunch break and working Barrie Derringer extreme and excessive hours well over an 8 hour day, sometimes on both Saturday and Sunday weekends, on holidays including Christmas and without extra pay, overtime and in violation of all work codes of both New Mexico State and Federal laws, of which was well known to Defendants that husband Plaintiff was extremely upset over the violations and sought to persuade wife Barrie Derringer to quit, find another job and leave NAI Maestas and Ward, and to file both state and federal charges against the Defendants for violation of law. Plaintiff is legally Barrie Derringer’s husband and thus capable and mandated of both exercising influence and for “protection” against predators, for the benefit of both his wife and the Derringer family. All Defendants have an extreme motive for both conspiring to assist Barrie Derringer divorce David Derringer, and have continued to violate all work laws against Barrie Derringer accelerating and in more extreme abuse since Barrie Derringer separated from husband David Derringer on December 27, 2011, including having Barrie Derringer intimidated into working from 7:00AM till after 8:30PM and working weekends without either breaks or proper lunch times each and every day as a “sweat shop”.
3) The Derringer family has had an extensive run of bad luck with circumstances, so as to place pressure on wife Barrie Derringer not only to keep the current job at NAI Maestas and Ward but to be intimidated and enslaved to have to put up with the cussing and verbal abuse of Steve Maestas, the work state and federal violations, the extreme abusive hours mandated, and other nasty work conditions correlated with other bosses of Debbie and Irwin Harms.
4) Defendants have both demanded and illegally entered the private life of the Plaintiff and have acted in cult mind control over the Plaintiff’s wife Barrie Derringer and coerced the Plaintiff’s wife not to have any contact with husband David Derringer as a condition of continued employment due to the Plaintiff having knowledge of the unlawful business and employment practices of the Defendants.
5) Defendants have illegally taken tyrannical control, enslavement and forced both physical and mental control over the Plaintiff and his family, including, but not limited to the Plaintiff’s wife Barrie Lee Derringer, formerly Barrie Lee Beverley.
6) As legal husband the Plaintiff has the undisputable right by law and duty by legal marriage to protect, defend, and preserve the physical and mental health of Plaintiff’s wife Barrie Derringer and himself and their legal personal property, and is the legal guardian of the Plaintiff’s wife’s safety and well being under the most egregious of circumstances against all that invade or interfere with the marriage or sanctity of private life, and those who threaten the safety and well being of the Derringer family.
7) Defendants Debbie and Irwin Harmes, and Defendants Steve Maestas and NAI Maestas and Ward LLC have violated the employment laws to affect the physical health of Plaintiff’s wife Barrie Derringer be depriving work breaks and lunch each day, and have thus also affected the mental health by not only the same deprivations but severe stress and anxiety and mandates to “perform” unreasonable hours of work, with severe reprimands and admonishment of defective performance of which has been witnessed by the Plaintiff.
8) Defendants have reached out in their physical and mental control of others by not only brainwashing and controlling their “employee” Barrie Derringer while at work, but have invaded the private and personal lives of the Plaintiff and his wife by subjecting Derringer to physical assault, control and loss of “freedom” and mind control over wife Barrie Derringer to interfere and break all contact by David Derringer with his wife Barrie Derringer and prevent any contact by David Derringer to wife Barrie Derringer in he place of employment.
9) Plaintiff David Derringer has been present when Defendant Steve Maestas forced Plaintiff’s wife into submission with tears and groveling by cussing, yelling and verbal abuse after normal office hours to show the mind control and pressure exerted against the Derringer family and disruption of the personal and married life of the Plaintiff.
10) All or most Defendants have knowledge that the Plaintiff’s wife Barrie Derringer has mental issues of manic/depression/anxiety and is on medication for hormone disorders, depression, and sedation/tranquilizers when necessary, and is extremely vulnerable after the burning of the “being purchased” Derringer home on December 22/23, 2011 which encompassed the burning/killing of 5 of the Derringer pet dogs and the extreme trauma and vulnerability that was created in wife Barrie Derringer as extreme trauma stress disorder. This triggered a nervous breakdown in wife Barrie Derringer on or about December 27, 2011 wherein Barrie Derringer left husband David Derringer to seek the security of the Defendants since they were her “bosses”, wherein the Derringers had become “homeless”.
11) All or most Defendants have knowledge that the Plaintiff’s wife Barrie Derringer has mental issues and past suicide thoughts and attempts, that can be abused and exploited in extortion under the most severe and extreme circumstances, as well as knowledge that Barrie Derringer has an unstable mental background, family history of mental instability, and is currently on anti-depression and hormone medication to attempt to achieve a balance that the excessive forces of recent circumstances and job abuse and pressure has overcome both rational thought and sensibility, and the Plaintiff’s wife Barrie Derringer is now the unwilling but brainwashed “prey” of the Defendants to abuse, manipulate and exploit in any manner they choose without the protection of the husband David Derringer to ensure the Barrie Derringer is treated both fairly under law and under any morality.
12) On or about December 27, 2011 Plaintiff’s wife Barrie Derringer ran without reason or rationality to stay with “friend” un-named Defendant or bosses Debbie and Irwin Harmes just after the trauma of having to retrieve the Derringer 5 burned dogs from the fire at the Derringer house, of which Defendants set about a series of brainwashing and subversion techniques in cult oppression and forceful control to separate Plaintiff’s wife Barrie Derringer from ever going back to David Derringer so as to exploit Barrie Derringer in the business and to stem and stop any David Derringer and Barrie Derringer actions to expose and prosecute the violations of state and federal employment and work laws being violated by Defendants.
13) Despite husband Plaintiff’s numerous phone messages and constant texting numerous and multiple times each day, the Defendants sought to break the Derringer family by convincing, demanding, and advising wife Barrie Derringer to not contact or talk with David Derringer about any matter, not seek medical help or counseling, but to listen exclusively to the Defendants with all of the attending pressure, coercion and exploitation by several “Defendants” being the boss and only seen security of Barrie Derringer’s current job with NAI Maestas and Ward employer. Plaintiff’s records of phone texts to and from the Derringer’s show an entire personality change in Barrie Derringer after the disastrous fire and pet animals deaths of December 27, 2011 with the nurturing and forceful mandates of that change enhanced by the Defendants to the mental detriment of Plaintiff’s wife to exploit the traumatic stress syndrome currently affecting Plaintiff’s wife to gain personal and financial gain and extra hours of work to be gained for no extra pay under the Defendant’s guise of doing more office work to take mind off of troubles.
14) Husband Plaintiff David Derringer has attempted all means of communication with wife Barrie Derringer with no knowledge of the private off work hours location of his wife due to the conspiracy of Defendants mandating that employee Barrie Derringer is to have no contact with her husband in order to keep her job.
15) Husband David Derringer has communicated by phone constantly each day that will be shown in evidence of up to 40-50 phone text calls and multiple voice messaging to Barrie Derringer in order to talk and relieve the stress and emotional destruction of the recent circumstances of burning up 5 of the Derringer pet dogs and other unbelievable emotional turmoil that Barrie Derringer has been going through due to the extreme disasters of recent while still having to be “composed” while at work for the Defendants each day.
16) Barrie Derringer has been placed in a position by Defendants to keep working under extreme circumstances and to be convinced in a state of irrational thought by Defendants to remove herself from the presence of husband David Derringer; all for the predation exploitation of the Defendants motives.
17) On January 15, 2012 Plaintiff David Derringer and wife Barrie Derringer had a wedding anniversary wherein Plaintiff Derringer dressed up in wedding clothing and came to the work of Barrie Derringer at 6801 Jefferson NE, Albuquerque, New Mexico bringing red roses and wedding anniversary card with intent of taking David Derringer’s wife to lunch and talking, and was demanded to remove himself from the offices and property of Defendant NAI Maestas and Ward, by bosses Debbie Harmes, and Steve Maestas and wherein Defendants prevented the Plaintiff from seeing his wife, waiting for his wife, or having any visual or physical contact with his wife, with demands to Plaintiff to immediately remove himself from the premises or the Defendants would call the Albuquerque Police for trespass arrest.
18) On or about February 4, 2012 at about 9:30AM all Defendants had convinced Plaintiff Derringer’s wife Barrie Derringer to “break and enter” the David Derringer shop with all Defendants in both “assistance” and “facilitation” of civil and criminal acts on 101 Florida SE Unit C in which wife Barrie Derringer did not have the keys, and to steal, convert, destroy, and remove as much personal property from the shop as possible by hiring a locksmith, and destroying three of the Plaintiff’s locks with both locksmith and with bolt-cutters, and do torts of conversion, intimidation, and multiple other malicious civil and criminal acts.
19) By the above actions of #20 Defendants placed themselves in liability for Plaintiff’s wife Barrie Derringer of any self inflicted bodily harm due to depression in reckless endangerment of the spouse of another, or suicide of negligent homicide of Plaintiff’s wife Barrie Derringer, that had been prevented by Plaintiff’s locking his wife’s access to the Plaintiff’s firearms after continued degradation of the mental instability condition of Plaintiff’s wife Barrie Derringer since December 27, 2011. Defendants took access and control of the now missing David Derringer firearms of two handguns and two rifles, presumed to the in the hands of either the mentally unstable Plaintiff’s wife Barrie Derringer under the physical and mental control of the cult Defendants, or illegally possessed by the Defendants themselves.
20) On or about February 4, 2012 all Defendants had convinced Plaintiff Derringer’s wife Barrie Derringer to “break and enter” the Derringer shop with all Defendants in both “assistance” and “facilitation” of civil and criminal acts on 101 Florida SE Unit C in which wife Barrie Derringer did not have the keys.
21) On or about February 4, 2012 all Defendants had convinced Plaintiff Derringer’s wife Barrie Derringer to “break and enter” the Derringer shop on 101 Florida SE Unit C in which wife Barrie Derringer did not have the keys, in which such acts were caught by Plaintiff Derringer who called 911 to the APD for assistance in stopping the civil and criminal acts of all Defendants.
22) On or about February 4, 2012 at about 9:30AM before the APD arrived due to the 911 phone call of David Derringer, when Plaintiff demanded all Defendants get out of the Derringer shop and leave the premises of 101 Florida SE, Unit C, all Defendants ignored the Plaintiff and kept loading Derringer’s personal property into a moving truck with lift gate, and a flatbed trailer waiting the when Plaintiff attempted to stop personal property items from being loaded by hanging on to the items, Defendant Debbie Harms and multiple other men screamed and threatened David Derringer with some Defendant (to be named) other “woman” friend of Barrie Derringer and then physically jumped David Derringer holding all the Plaintiff’s arms and legs in assault and forced control of Derringer’s physical person, in order to keep Derringer from stopping the moving, destruction and larceny of the Derringer personal property in physical abuse and illegal enslavement and detention by physical force in order to continue the civil and criminal acts against David Derringer. All Defendants took all Constitutional and 5th, 13th and 14th Amendment rights against Derringer in cruel and unusual punishment of “enslavement” and physical control of Derringer’s body against the Plaintiff’s will and only released Derringer to stop this abuse of assault when the Albuquerque Police arrived on the scene. While the criminal “gang” of thugs of Defendants were holding David Derringer in chains of multiple persons in detention and assault the Defendants continued then to load and steal more of the Derringer property.
23) Defendant Debbie and Irwin Harmes threatened the Plaintiff with calling the police to have the Plaintiff removed from his own property against his will and to stop the Plaintiff from the Constitutional rights to protect his own personal property, all with no authority for any personal, legal, or physical control over David Derringer’s personal property or life, showing the mind control and physical force also used in control of the Plaintiff’s wife Barrie Derringer by her “bosses” and wherein David Derringer is not any employee of the Defendants.
24) All Defendants illegally civilly and criminally invaded the “privacy rights” of Plaintiff with moving, viewing, and disturbing the personal records of the Plaintiff’s personal life, medical history, employment history, education history, private photographs and family memorabilia and other invasions of the personal life of David Derringer and the Derringer family including also invasions of the private personal information of Plaintiff’s wife Barrie Derringer, formerly known as Barrie Beverley.
25) On or about February 4, 2012 at about 10.00PM at 101 Florida SE Unit C, the APD arrived due to the is the 911 prior call of Plaintiff David Derringer and forced all Defendants to stop any further moving, touching or stealing of the Derringer property but claimed no jurisdiction to search the vehicles used for then presumed stolen tools, firearms and other Derringer items that had been removed from the Derringer shop with hundreds of Derringer items spread across the front parking lot having been taken from the Derringer shop.
26) On or about February 4, 2012 at about 10.00PM at 101 Florida SE Unit C, the APD arrived due to the is the 911 prior call of Plaintiff David Derringer and it was admitted by Defendant Debbie Harms and other Defendants that the David Derringer shop locks had been breached by use of both a hired locksmith and boltcutters. Defendant Irwin Harmes with assistance of other male Defendants used the Plaintiff’s own bolt-cutters to breach the inside lock on the roll up door to facilitate the more rapid removal of the Plaintiff’s personal property.
27) On or about February 4, 2012 at about 10.00PM at 101 Florida SE Unit C, the APD arrived due to the is the 911 prior call of Plaintiff David Derringer and ordered all Defendants off the Derringer property and that neither Barrie Derringer nor any Defendant would be allowed to further break or remove any locks from the Derringer shop without arrest and criminal prosecution, and that David Derringer both should and could replace all locks and exclusively retain all keys.
28) At no time did any Defendant have any ownership, title, or other legal claim of any ownership or control to any of the personal property of David Derringer to touch, remove, move or steal/convert to themselves or others at any time, but items of clothing, tools, firearms and other Plaintiff’s property are both missing and damaged due to the illegal acts of all Defendants.
29) Plaintiff David Derringer has been physically assaulted and hurt, and illegally detained against his will by all Defendants so as to continue to abuse, steal and move the Plaintiff’s personal property wherein no person had any right to touch David Derringer or his personal property at any time, nor did any Defendant have any right to touch, remove or move any “community property” of the Derringer family without a court order describing each item in detail.
30) All of these acts by all Defendants were meant as a way to force Derringer into a divorce of his lawful wife, force their wills upon David Derringer in both civil and criminal acts, deprive Derringer of both his wife and personal property, and in “conspiracy” to continue to exploit Derringer’s wife Barrie Derringer and to “remove” the threat of husband Derringer convincing Barrie Derringer to both quit Maestas and Ward and to file criminal and civil actions against all Defendants of violations of employment laws of both federal and the State of New Mexico that have been going on against Plaintiff’s wife Barrie Derringer for many years, in order to both destroy the Derringer marriage and contract as well as render Plaintiff helpless to both protect and save wife Barrie Derringer from the conspiracy of all Defendants.
Count I-Immediate and Permanent Injunctive Relief
1) Plaintiff adopts and incorporates by reference herein paragraphs 1-35 of the Complaint as if set forth in full.
2) As legal husband the Plaintiff has the undisputable right by law and duty by legal marriage to protect, defend, and preserve the physical and mental health of Plaintiff’s wife Barrie Derringer and himself and their legal personal property, and is the legal guardian of the Plaintiff’s wife’s safety and well being under the most egregious of circumstances against all that invade or interfere with the marriage or sanctity of private life, and those who threaten the safety and well being of the Derringer family.
3) Plaintiff’s wife Barrie Lee Derringer, formerly, Barrie Lee Beverley is simply the “employee” of the Defendants, with no legal or moral ability of the Defendants to enter into the private life or interfere with the marriage or give advise or use mind control or threats of keeping the job as a way to exploit and make any demands of the conduct of the Derringer family.
4) Ongoing and more recent activities by the Defendants since the egregious circumstances of a disaster in the Derringer family of a home burning down three day before Christmas on December 22/23, 2011 with the burning/killing of 5 of the Derringer family pet dogs and the resultant mental breakdown and emotional blocking and scars instilled in Plaintiff’s wife Barrie Derringer, the Defendants have taken mind control, used work pressure, emotional blackmail, threats to livelihood security and other illegal and unethical means to control wife Barrie Derringer, keep husband David Derringer from entering or accessing his wife on the company property of NAI Maestas and Ward, and have brainwashed wife Barrie Derringer to have no further contact of any kind with husband David Derringer after leaving Derringer in a state of emotional distress and irrational behavior on December 27, 2011 due to the emotional breakdown over the loss of the house and the death of the dogs; Defendants using this emotional disaster to take control of the Derringer’s private life, invade the Derringer marriage and disrupt the sanctity of the Derringer marital relationship, for underlying motives for David Derringer not to be able to continue to convince wife Barrie Derringer to sue and file charges against the Defendants for violations of employment laws.
5) Defendants have then facilitated and illegally advised the criminal breaking and entering of the Derringer shop at 101 Florida SE Unit C in which was locked against entry by Barrie Derringer only as of January 20, 2011 for the protection of wife Barrie Derringer’s suicidal attempts and actions to keep Barrie Derringer from access to the Derringer firearms. On February 4, 2012 Defendants breached the locks on the shop to gain access for Barrie Derringer to all items including the firearms and two handguns and two rifles fully loaded with cartridges are missing and presumed in the hands of the mentally unstable wife Barrie Derringer or of the Defendants, causing reckless endangerment and possible negligent homicide if those guns are used and previously threatened by wife Barrie Derringer.
6) Defendant have no legal right to have on February 4, 2012 physically assaulted David Derringer and held Derringer down against his will to facilitate the continuation of taking the Derringer personal property in acts of violence and malicious behavior to show the power and control they have over wife Barrie Derringer and to force submission of David Derringer to their criminal and unlawful acts as a gang of thugs.
7) Defendants actions invading and interfering with the marriage and personal lives of the Plaintiff and his wife Barrie Derringer constitute criminal acts of mind control, assault, and other means of control and absolutism that are causing irreparable harm to the mental and physical health of the Plaintiff and his family, to include, but not limited to wife Barrie Lee Derringer, formerly Barrie Lee Beverley.
8) Despite David Derringer being the legal husband of Barrie Derringer, the Defendants have convinced in fraud and mind control to remove Barrie Derringer from any contact with husband David Derringer and well out of the physical and conversational realm of Plaintiffs control giving Derringer no control or supervision or protection to his family or wife, personal safety of the Derringer family and no stopping the continued threats, manipulation and physical and verbal abuse of Barrie Derringer and no remedy adequate at law to stop further assault and violent attacks against the Plaintiff or his wife.
9) All actions ongoing by all Defendants are causing additional mental instability of Plaintiff’s wife Barrie Derringer who borders on suicide attempts and is under medical treatment of medications to attempt to provide mental stability against manic/depression/anxiety and thought of ending life by any means available causing the Derringer marriage to fall apart and irreparable harm to both the Plaintiff and his wife.
10) The Plaintiff is legally entitled to both immediate temporary and permanent injunctive rel relief. WHEREFORE, Plaintiff asks this Court to enter the following temporary and permanent injunctive orders:
a) All Defendants are to have no contact with either Plaintiff David Derringer or his wife Barrie Derringer by any means including but not limited to personal conversations, phone, any written form of communication, emails, messaging, phone text, or through third parties.
b) All Defendants are to stay at least 500 feet away from David Derringer, Barrie Derringer and any of the Derringer family and friends at all times to be enforced as needed by any law enforcement agency.
c) All Defendants are to refrain at all times from any disruption, advise, contact, or interference with the Derringer marriage and private life of David Derringer and Barrie Derringer.
d) All Defendants are to stay out of any personal life of the Derringers and are at no time to touch, peruse, move or disrupt any real or personal property of the Plaintiff or his family, including, but not limited to wife Barrie Derringer.
e) Other relief that the Court deems proper.
Count II-Fraud, Fraud in the Inducement, Constructive Fraud, Fraudulent Misrepresentation, Misrepresentation, Conversion, and Unjust Enrichment
46) Plaintiff adopts and incorporates by reference herein paragraphs 1-45 of the Complaint as if set forth in full.
47) Ongoing the Defendants have conducted fraud and mandates against David Derringer and their employee Barrie Derringer, wife of Plaintiff to both endanger the physical health and mental health and well being of the Derringer family.
48) That meddling and control has escalated into the Defendants conducting criminal assault and control of David Derringer’s person and illegal violent physical detention and mental coercion and control of Derringer’s wife Barrie Derringer to such an extent as to attempt to destroy any contact between legal husband and wife and ruin the lives of the Derringers; all to cover up the violations of law by the Defendants.
49) This has now escalated into the malicious mind control of a very susceptible and vulnerable Barrie Derringer under traumatic stress syndrome after the above mentioned circumstantial Derringer disaster that has left wife Barrie Derringer entirely malleable to the forced control and subjugation and enslavement of the Defendants, while taking Barrie Derringer from the physical and contact-able access of her own husband. This induced fraud and control of the mind, personality and life of another is both physical and mental abuse and criminal acts of subversion and violence.
50) Defendants fraudulently misrepresent to Barrie Derringer that more office work will assist to relieve the stress and anxiety wherein the “exploitation” of gaining more work and thus additional monetary gains by simply using an employee as a “sweat shop” slave is solely for the benefit of the Defendants and their own business.
51) Defendants then coerced and advised wife Barrie Derringer to break and enter secured premises of the Derringer shop, that recently had been denied access to the mentally unstable wife of David Derringer deliberately for the safety and health and protection of Plaintiff’s wife by a husband that loves his wife dearly, so as to prevent any possible suicide attempt by use of the Derringer firearms. Defendants sabotaged the safety intent and used physical force of violence against Plaintiff when the Plaintiff attempted to stop the continued grand larceny of the shop and illegal confiscation of the weapons. Two handguns and two rifles fully loaded are missing in this action of February 4, 2012 presumed in the hands of the possibly suicidal wife Barrie Derringer or the Defendants against all wishes and attempts to prevent by Plaintiff due to assault by the Defendants, constituting also thus both “conversion” and “unjust enrichment” of those persons in illegal possession. WHEREFORE the Plaintiff will prove at trial, after a proper discovery of interrogatories and request for production, values of personal property,“converted” by Defendants, and damages to the Derringer family’s mental and physical health. Derringer claims an amount in additional to damages in this count of punitive damages of 3 (three) times the resultant trial amount of this Count, in an amount to stop the instant actions of fraud, mental control and inducement, conversion and unjust enrichment, and to punish in a severe amount necessary to both deter the instant Defendants in the future from such actions, and to also defer by case law others similarly situated not to perform such actions against others. Derringer claims court costs and any other damages or sanctions that the court feels just and proper under the circumstances.
Count III-Assault and Illegal Physical and Mental Detainment
46) Plaintiff adopts and incorporates by reference herein paragraphs 1-51 of the Complaint as if set forth in full.
47) Defendants on February 4, 2012 assaulted David Derringer with verbal abuse, threats, and cussing, and then physically restrained and detained Derringer against his will with holding his arms and legs and preventing Derringer from stopping the illegal moving, damage, perusal, and stealing of personal Derringer property, and prevented Derringer from protection of Plaintiff’s wife Barrie Derringer for her own safety to stay locked from Derringer firearms that have been threatened to be used by wife Barrie Derringer multiple times to cause her own death by suicide. Barrie Derringer is currently extremely mentally unstable and unpredictable and making rash and spontaneous erroneous decisions that greatly adversely affect her life and future. Defendants have instilled mind control over their “employee” and forcefully have kept wife Barrie Derringer from any contact with husband David Derringer for illegal and exploitation motives detailed above.
48) Defendants have violated David Derringer physically and mentally in violent attacks as thugs and gang tactics by force that take all freedom, liberty, and personal ability and denied and deprived Derringer’s 5th, 13th and 14th Amendments by “force” in a “conspiracy against rights” and a “deprivation of rights under color of law” that are criminal acts in both state and federal statutes.
WHEREFORE Plaintiff claims damages of $100,000,000.00 (one hundred million dollars) for irreparable damages and physical detainment from each Defendant to be awarded both jointly and severally, with punitive damages also to be determined by the court, and award of court costs and other remedy that the Court deems available.
Count IV-Conspiracy
46) Plaintiff adopts and incorporates by reference herein paragraphs 1-54 of the Complaint as if set forth in full.
47) By way of the US and New Mexico Constitutions (the state residence of Derringer ) , as well as defined by Federal law under the US Code Title 42 Section 1982, Derringer has inherent rights, privileges and immunities to own, control and defend his personal property, the safety and mental and physical health of himself and his wife Barrie Derringer.
48) The Defendants have and continue to accelerate the physical and mental damages to the Plaintiff’s wife Barrie Derringer as an “employee” and have crossed the line from “employer” to interfering in the Derringer marriage and personal life and further then crossed the line to force mental demands, mandates of performance in job related to coercion and mind control over a mentally ill and susceptible Barrie Derringer going through a traumatic disaster stress syndrome in correlation with emotional degradation of mental health over grieving of the burning of the home and death by fire of 5 Derringer dogs. Defendants are “opportunistic” and are preying on wife Barrie Derringer in her only viewed form of “security” of the employment of the Defendants in order to exploit Barrie Derringer in the work force and keep husband Derringer from doing anything about protecting his wife by forcing, coercing and advising Barrie Derringer to have no physical or other verbal or conversational contact with her husband, so as to have full control of Barrie Derringer’s mind and work ability.
49) This “conspiracy” accelerated on February 4, 2012 when the Defendants were instigators and present to assist Barrie Derringer break and enter the Derringer shop locked against Barrie Derringer’s entry for her own protection to keep firearms out of reach of the presently mind set of Barrie Derringer that includes suicidal thoughts, with a past history of suicidal attempts/thoughts, irrational behavior under duress, mental instability and on medications for hormone disorders, depression and sedatives and tranquilizers for anxiety attacks; a very volatile and unpredictable situation in which Defendant “restrained” and physically assaulted David Derringer by violence and force to keep David Derringer from doing anything to stop the conspiracy plan until the police arrived to stop the incident and force Defendants to leave the premises. In the outcome two handguns and two rifles fully loaded are missing, presumed in the hands of Barrie Derringer with suicidal thoughts and in the illegal possession of the Defendants.
50) This entire “conspiracy” of the Defendants to destroy the marriage of the Derringer’s is of motive to stop any legal or other ability of David Derringer to convince Barrie Derringer to leave Maestas and Ward and file civil and criminal charges for the ongoing and past violations of deprivation of Barrie Derringer’s mandated under law legal breaks and lunch, wherein Barrie Derringer is under pressure of overloaded work to not take her legal breaks and to not take lunch in order to keep up with the pressure and work piled on by the Defendants.
51) Husband David Derringer “Cowboy” is clearly viewed as a threat to the conspiracy and Barrie Derringer has been placed in a mind control situation of pressure and coercion by Defendants to now have no contact with her own husband, despite the love between them and the knowledge that David Derringer will protect and be guardian for the physical and mental health of Barrie against any that might endanger her.
WHEREFORE Plaintiff claims damages of $25,000,000.00 (twenty five million dollars) for irreparable damages and cult mind control to the detriment of mental health of both Derringer attempting to protect his wife and himself from any harm, from each Defendant to be awarded both jointly and severally, with punitive damages also to be determined by the court, and award of court costs and other remedy and such other further relief as the Court deems just and proper.
Count V-Malicious Interference with a Legal Marriage
46) Plaintiff adopts and incorporates by reference herein paragraphs 1-60 of the Complaint as if set forth in full.
47) David Derringer is the lawful husband of wife Barrie Derringer, who is an employee of Defendant NAI Maestas and Ward, of which her “bosses” are Defendants Debbie Harms, Irwin Harms, and Steve Maestas. For a period of over two years Defendant NAI Maestas and Ward with attending “bosses” of Defendants Debbie Harms, Irwin Harms, and Steve Maestas have been illegally working Plaintiff’s wife Barrie Derringer without mandated 15 minute morning and afternoon work breaks, and without a lunch break and working Barrie Derringer extreme and excessive hours well over an 8 hour day, sometimes on both Saturday and Sunday weekends, on holidays including Christmas and without extra pay, overtime and in violation of all work codes of both New Mexico State and Federal laws, of which was well known to Defendants that husband Plaintiff was extremely upset over the violations and sought to persuade wife Barrie Derringer to quit, find another job and leave NAI Maestas and Ward, and to file both state and federal charges against the Defendants for violation of law. Plaintiff is legally Barrie Derringer’s husband and thus capable and mandated of both exercising influence and for “protection” against predators, for the benefit of both his wife and the Derringer family. All Defendants have an extreme motive for both conspiring to assist Barrie Derringer divorce David Derringer, and have continued to violate all work laws against Barrie Derringer accelerating and in more extreme abuse since Barrie Derringer separated from husband David Derringer on December 27, 2011, including having Barrie Derringer intimidated into working from 7:00AM till after 8:30PM and working weekends without either breaks or proper lunch times each and every day as a “sweat shop”.
48) The Derringer family has had an extensive run of bad luck with circumstances, so as to place pressure on wife Barrie Derringer not only to keep the current job at NAI Maestas and Ward but to be intimidated and enslaved to have to put up with the cussing and verbal abuse of Steve Maestas, the work state and federal violations, the extreme abusive hours mandated, and other nasty work conditions correlated with other bosses of Debbie and Irwin Harms, constituting both “harassment and interference in domestic relations and private life” as a provable tort.
49) Defendants have engaged in conduct to advise, demand and place “employee pressure” on wife Barrie Derringer to both stay separated from her husband David Derringer and to have no contact whatsoever either by phone, in person, email, texting, or other. Defendants have taken the role of “boss” and friend to invade the personal life of the Derringers and to both interfere and attempt to destroy the marriage of the Derringers. Defendants have now used physical violence in front of wife Barrie Derringer against husband David Derringer of criminal assault to “persuade” Barrie Derringer that they are in full control of the Derringer’s and the unspoken lesson that they can use also physical violence against Barrie Derringer at any time they choose to enforce their will and demands with inability of husband to stop this action; making Barrie Derringer entirely under the mind control of the Defendants no different than a “cult” or gang, with known retaliation or retribution if the person does not submit to all demands.
50) The Derringer marriage is a legal “contract” that is defensible against outside interference or sabotage from outsiders whether they be “friends”, employers or others. Defendants have illegally taken tyrannical control, enslavement and forced both physical and mental control over the Plaintiff and his family, including, but not limited to the Plaintiff’s wife Barrie Lee Derringer, formerly Barrie Lee Beverley.
51) As legal husband the Plaintiff has the undisputable right by law and duty by legal marriage to protect, defend, and preserve the physical and mental health of Plaintiff’s wife Barrie Derringer and himself and their legal personal property, and is the legal guardian of the Plaintiff’s wife’s safety and well being under the most egregious of circumstances against all that invade or interfere with the marriage or sanctity of private life, and those who threaten the safety and well being of the Derringer family.
52) The provable interference with the Derringer marriage by Defendants is a tort written as interference with domestic relations (marriage relation) as a valid cause of action.
53) Defendants Debbie and Irwin Harmes, and Defendants Steve Maestas and NAI Maestas and Ward LLC have violated the employment laws to affect the physical health of Plaintiff’s wife Barrie Derringer be depriving work breaks and lunch each day, and have thus also affected the mental health by not only the same deprivations but severe stress and anxiety and mandates to “perform” unreasonable hours of work, with severe reprimands and admonishment of defective performance of which has been witnessed by the Plaintiff.
54) Defendants have reached out in their physical and mental control of others by not only brainwashing and controlling their “employee” Barrie Derringer while at work, but have invaded the private and personal lives of the Plaintiff and his wife by subjecting Derringer to physical assault, control and loss of “freedom” and mind control over wife Barrie Derringer to interfere and break all contact by David Derringer with his wife Barrie Derringer and prevent any contact by David Derringer to wife Barrie Derringer in he place of employment.
55) Plaintiff David Derringer has been present when Defendant Steve Maestas forced Plaintiff’s wife into submission into tears and groveling by Steve’s cussing, yelling and verbal abuse after normal office hours to show the mind control and pressure exerted against the Derringer family and disruption of the personal and married life of the Plaintiff.
56) All or most Defendants have knowledge that the Plaintiff’s wife Barrie Derringer has mental issues of manic/depression/anxiety and is on medication for hormone disorders, depression, and sedation/tranquilizers when necessary, and is extremely vulnerable after the burning of the “being purchased” Derringer home on December 22/23, 2011 which encompassed the burning/killing of 5 of the Derringer pet dogs and the extreme trauma and vulnerability that was created in wife Barrie Derringer as extreme trauma stress disorder. This triggered a nervous breakdown in wife Barrie Derringer on or about December 27, 2011 wherein Barrie Derringer left husband David Derringer to seek the security of the Defendants since they were her “bosses”, wherein the Derringers had become “homeless”.
WHEREFORE Plaintiff claims damages of $25,000,000.00 (twenty five million dollars) for irreparable damages and cult mind control to the detriment of mental health of both Derringer attempting to protect his wife and himself from any harm, and interference of the love and marriage that the Derringer’s swore to each other in vows, from each Defendant to be awarded both jointly and severally, with punitive damages also to be determined by the court, and award of court costs and other remedy and such other further relief as the Court deems just and proper.
Count VI-Emotional Distress And Mental Anguish
48) Plaintiff adopts and incorporates by reference herein paragraphs 1-56 of the Complaint as if set forth in full.
49) Barrie Derringer, wife of Plaintiff David Derringer has been placed in harms way by the Defendants criminal and unscrupulous acts of both sabotage of the Derringer marriage and interference, and the acts to the detriment and health of Barrie Derringer both physically and mentally, and through subversion, fraud, inducement, mind control and physical violence against David Derringer in assault have undermined any ability of the Plaintiff to protect his wife or himself causing excruciating pain of emotional distress, mental anguish and worry and aggravating physical problems of stress related past hospitalization.
50) The egregious acts of deprivation of Derringer’s wife by force and mind control and placing Derringer’s wife in harms way under the most severe mental depression and suicidal thoughts over the recent circumstantial situations in the Derringer’s life is demonic, and then to maliciously exploit Barrie Derringer in the work force for personal and financial gain is a conspiracy that defies nomenclature.
51) The Defendants are maliciously ruining both the lives of David Derringer and his wife Barrie Derringer and interfering with the core of a love and devotion of each Derringer for each other that is deplorable.
52) Derringer was denied any access to his wife at work with force, “during a marital celebration of anniversary” and not allowed to know her whereabouts and denied any contact for talking or working out any perceived problems; all by the sabotage and maliciousness of “employers” entering into and damaging personal life of an “employee”.
53) Derringer has been severely emotionally harmed by the conduct of Defendants with accomplices.
54) All of the acts of each of the Defendants were in conspiracy, and egregious acts of neglect, failure, perjury, fraud and criminal acts, interference, criminal assault, and refusal, and were intentional, reckless, wanton, and willful and deliberately indifferent to the rights of the Plaintiff and meant to cause the Plaintiff extreme distress emotionally, place the Plaintiff’s wife in a fragile and death possible scenario, and the extreme physical stress damages that will remain with Derringer the extent of his life.
55) To the extent that any of each of the Defendants acts were lawful, said acts were done with the intent of causing harm to the Plaintiff, his family, his wife and his property, to cause emotional distress, and mental anguish. These acts can only be viewed as constructed wilfully to keep Derringer in distress, ruin the lives of the Derringers and place Barrie Derringer in harm’s way, and the Plaintiff has been extremely harmed physically and emotionally by all conduct of each of the Defendants acting with each other, supporting the acts of each and all acts without legal ability.
56) The Plaintiff has been harmed deliberately thereby by both neglect to act responsibly and refusal to act responsibly and to obey all laws, as is the duty of the Defendants under the US Constitution and as a citizen.
WHEREFORE the Plaintiff claims damages of $1.5 million dollars ($1,500,000.00) from each Defendant, and for costs and such other further relief as the Court deems just and proper.
Count VII-Punitive Damages
48) Plaintiff adopts and incorporates by reference herein paragraphs 1-65 of the Complaint as if set forth in full.
49) The sanctity of marriage is exclusive in contract from interference from any source whatsoever and supported in law by the American society.
50) In this matter an “employer” with others in outside involvement, has subverted the wife of the Plaintiff while the Derringer family was attempting to recover from a tragedy of enormous proportions involving “hope” of future, death of loved ones, destruction of home and safety and security and many other emotional barriers and holes to recover from. The Defendants eagerly jumped into the emotional distress for “opportunistic” destruction of the Derringer marriage, and endangered both the Derringers and any life forthcoming.
51) Strangers and outsiders have illegally entered the private lives and marriage of the Derringer’s and done violent acts of mind control, subversion, threats, intimidation, oppression, control and assault against the Derringers in every way imaginable.
WHEREFORE the Plaintiff appeals to the court for a “justness” in this matter for additional punitive damages to make it clear to others that “family” and the sanctity of marriage is paramount to be held without interference or sabotage, and cannot be destroyed to exploit “employees” or other malicious motives of not being held accountable for violations of employment laws, with actions, money or relief as this court deems just and proper.
48) Count VIII-PRIMA FACIE TORT Plaintiff adopts and incorporates by reference herein paragraphs 1-79 of the Complaint as if set forth in full.
49) If the acts of the Defendants have been lawful, those acts also have been intentional acts.
50) Each of these acts was intended to injure the Plaintiff, and the Plaintiff has been injured by each act of each Defendants, and has thus been damaged thereby financially, emotionally, and physically with medical problems traced to the stress caused by the Defendants.
51) Each and every Defendant had no justification or insufficient justification for taking these acts.
52) The conduct of all Defendants was done with malicious intent, and in willful and in reckless disregard of the rights of the Plaintiff.
53) All attempts to resolve these issues has been met with violence and assault and deprivations without conscience.
WHEREFORE the Plaintiff requests that this Court enter judgment against Defendants of all counts jointly and severally for damages claimed and in amounts stated herein that will be secured by facts and law to be proved at trial, sanctions and punitive damages that are indicated, and such other punitive and moral and further relief as the Court deems just and proper.
Respectfully submitted by: ______________________________________
David Derringer Pro-Se Box 1205 , Albuquerque , New Mexico 87103
VERIFICATION
STATE OF NEW MEXICO
) ss.
I, David Derringer, representing myself Pro-Se, being first duly sworn, upon my oath state that I have written and read the foregoing Complaint and know the contents thereof, and that the statements contained therein are true to my knowledge, except for those statements made on information and belief, which I believe are true.
David Derringer
SUBSCRIBED AND SWORN to before me on February 6, 2012 by David Derringer.
(Seal)
My Commission Expires: _________ _______________________________________
NOTARY PUBLIC
SECOND JUDICIAL DISTRICT COURT
STATE OF NEW MEXICO
CASE No.CV-2012-01307
DAVID DERRINGER
Plaintiff,
v.
DEBBIE HARMS, IRWIN HARMS et al.
Defendants,
PLAINTIFF DAVID DERRINGER’S MOTION TO TAKE JUDICIAL NOTICE OF FINDINGS OF EXTREME VANDALISM AND “LARCENY” BY 12 “FRIENDS” DEFENDANTS OF BARRIE
COMES NOW the Respondent with his Motion as stated above.
Plaintiff David Derringer has detailed the vandalism and conversion previously found due to the criminal actions of the Defendants in the discovery amounting to over $43,000.00. There is not to be added to that amount another over $11,300.00. Now the Plaintiff David Derringer has been evicted from the Derringer storage/shop due to the divorce court’s discharge of duties to enforce the laws of New Mexico against the Petitioner Barrie Derringer; notably NMSA 45-2-804 and the case law of Matter of Shadden’s Estate, 599 P.2d 1071, 93 NM 274, cert denied 598 P.2d 215, 93 NM 172 cert denied Shadden v. Shadden, 598 P.2d 215, 93 NM 172 among others. The “rent” of the storage/shop is “community debt” to be paid by Barrie Derringer’s income as well as David Derringer. It is impossible for David Derringer to keep up with all community debt, with a total and illegal default of all of same by wife Barrie Derringer. The “Intent of statute NMSA 45-2-804 is subjecting the entire community property to payment of community debts, and was designed by legislature to protect third parties who had dealt in good faith with the community during its existence against dissipation of estate by survivor before outstanding debts were taken care of”.
In this matter, as David Derringer finally removed all property from the storage/shop, the entire devastation of what Barrie Derringer and her “friends” Defendant Harms and others of the 12 in attendance as “accessories” did on the three break-ins of February 4, February 25, and March 8, 2012 is finally known, and is so much more severe than imagined. The shop has been devastated with the 12 persons and Barrie moving everything so that David Derringer had no idea where anything was; “projects” were demolished, losing screws and parts making anything productive impossible. In the removal of all property, it was found that Barrie’s associates Defendants destroyed many items, by throwing David Derringer’s property “literally” across the room, piled heavy items on light and fragile items and ruining property; losing parts to property; and pure “vandalism” and “destruction of property” in the criminal meaning of NMSA Section 30. Five (5) gallon plastic buckets that housed property, as example, David Derringer’s fishing gear, was buried under heavy boxes, breaking the bucket in many places and reducing its height over three inches, ruining the item. The most notable was that there were two (2) cowboy hats each under two or three boxes of books, totally crushed and flattened and ruined. It is unclear what “Defendant’ did these acts; what is clear that the damages were both willful and malicious. The Defendants Harms did these acts or saw what Defendant did. Barrie
The next revelation of the move is that all of David Derringer’s leather working tools are stolen. This encompasses not only several white banker boxes full of leather stamping tools, hole punches, lettering stamps, mallets, shears, and other specialized tools, but also a small blue arbor press, a machine for rivets and eyelets welded to a 2' piece of 6" channel iron and boxes of books on saddle making, patterns and other leather working equipment. Clearly, the Defendants knew that these items were not Barrie Derringer “personal property”. David Derringer has worked leather most of his life since the age of 12, and some of the stamping tools were inherited from Verdon Derringer, his father, and also picked up over a period of 47 years from saddlery shops and leather shops going out of business. David Derringer has owned all his leather working tools for as much as 47 years before ever meeting and marrying Barrie Derringer. Such “trade tools” include some that have been out of production for decades and are not replaceable at any costs. It is clear that the stealing of these “trade tools” were not “inadvertent” mistakes of simply taking the wrong boxes, by Defendants, but a systematic stealing of “leather equipment, books and for stopping David Derringer’s ability for income by this “profession” of saddle maker, leather repair, and arts and crafts producer in “malice”. The value of all of the hundreds of leather stamps, hole punches, books, patterns, and extensive other leather working equipment is about $11,000.00.
It was also found that a particular bookshelf that David Derringer had many of his woodworking books had one shelf totally missing of books and patterns, indicating also that they were stolen as well. Two of several professions that David Derringer could use for income is to use his woodworking tools for producing candlesticks on a wood lathe and making furniture and David Derringer can produce leather items, and now all of his leather working equipment has been stolen. There seems to be a pattern here, deliberate and vicious, to stop any means of survival of David Derringer at the hands of Barrie Derringer’s “accomplices”, mandating this court to force by court Order disclosure of the 12 persons in attendance with Barrie Derringer in the break-ins that the Defendants Harms have “refused” to disclose and hidden in the discovery process. In short, David Derringer is legally entitled to a court Order mandating Debbie and Irwin Harms to disclose the names, addresses, telephone numbers, and work places of all 12 persons that attended their employee Barrie Derringer at 101 Florida SE Unit C at any time. Likely, the Defendants even stole property without knowledge of Barrie Derringer as her “helpers”, wherein with impossibility of watching each person at all times by Barrie Derringer. This “criminal larceny” against David Derringer gives David Derringer a legal right for court redress against each of these 12 persons named herein as “Defendants” but 10 of these persons are protected and hidden by the Defendants Harms. Why would any “stranger” not known by David Derringer or knowing David Derringer do extreme damages to David Derringer’s personal property without the idea or advise of Defendants Harms or as simply a criminal thieve in their own right? Two of the 12 persons of Debbie and Irwin Harms, however, have a cult control over Barrie Derringer and apparently extreme animosity against David Derringer; having threatened David Derringer when the “husband” came to Barrie’s work place at Maestas and Ward on the Derringer’s January wedding anniversary bringing red roses to his wife and wherein these two persons as well as some of the other 12 did criminal assault and battery against David Derringer at the storage on February 4, 2012. Likely, it was Debbie and Irwin Harms that deliberately destroyed the two cowboy hats of “Cowboy” David Derringer by maliciously placing heavy boxes of books to crush them. It is known that Barrie Derringer can be emotionally unstable and all indications after December 2011 point to that realism of total control of Barrie
Respectfully submitted by: _______________________________
David Derringer, Box 1205 , Albuquerque , New Mexico 87103
CERTIFICATE OF SERVICE October 11, 2012
On October 11, 2012 I hereby certify that I sent a copy of this pleading to:
The Second Judicial District Court
400, Lomas NW, Albuquerque , New Mexico 87102
I further certify that I sent a copy of this pleading with attachments to:
Floyd Wilson
attorney for Defendants
No comments:
Post a Comment