Barrie Derringer Petitioner v. David Derringer Respondent: December 2012

Monday, December 31, 2012

Barrie Derringer aka Barrie Crowe

IN THE SECOND JUDICIAL DISTRICT COURT

COUNTY OF BERNALILLO

STATE OF NEW MEXICO

DV-12-234

BARRIE DERRINGER

Petitioner,

DAVID DERRINGER

Respondent,

MOTION TO RECUSE FOR CAUSE COMMISSIONER COSGROVE/AGUILAR FOR BIAS, PREJUDICE, SEXUAL DISCRIMINATION, UNETHICAL CAUSE, AND FOR VIOLATIONS OF DUE PROCESS, EQUAL PROTECTION, CONSTITUTIONAL DEPRIVATIONS, AND VIOLATIONS OF STATUTES

AND US CODE; AND MOTION TO RESCIND AND QUASH THE ORDER

OF PROTECTION OF FEBRUARY 21 2012 FOR CONSTITUTIONAL AND US CODE DEPRIVATIONS

COMES NOW, the Respondent David Derringer with motion as stated above.

BRIEF HISTORY

After leaving David Derringer for no just cause on December 27, 2011, Barrie Derringer, on February 4, 2012, before any filing of the “petition for order of protection” or filing for divorce, Barrie Derringer took 12 other persons to break and enter the Derringer storage and to take all moveable property of the Derringers, regardless of whether that was community property or personal property of either party. The intent here was to take all property to have in “possession” before filing for divorce. David Derringer caught the parties in the incident and called 911, and Barrie’s helpers, including two of her bosses Debbie and Irwin Harms of Maestas and Ward Commercial Real estate, did criminal assault and battery against David Derringer to attempt to stop David from “interfering” with the larceny in progress. The Barrie plan failed as the APD ordered Barrie and her friends to leave without taking “all” of the property. Two days later, on February 6, 2012, in an irrational “rage”, Barrie uses motives of revenge, retaliation, and retribution, as well as the idea that a “domestic violence” filing would anger David Derringer to want a divorce, and in criminal perjury and fraud in a falsified yet notarized “Petition for Order of Protection”, Barrie alleged that on February 4, 2012 of the incident of storage that David had hurt her physically knocking her down producing bruises, that Barrie is afraid of David and that David kept her from leaving. Actually, Barrie came running to her husband David after the assault and battery and put both hands on David’s cheeks and said “Calm down, you’re OK” showing Barrie is in no way “afraid” of David Derringer, nothing happened between David and Barrie as sustained in the APD police report, and APD “ordered” Barrie and her 12 persons to leave the premises of 101 Florida SE Unit C. As would any normal citizen, David filed civil suit against Debbie and Irwin Harms and “John Does” CV-12-1307 on February 6, 2012, for the criminal assault and battery against David, and to date Barrie and all persons involved attempt to protect and hide the identities of the other 10 persons involved with 12 persons doing criminal assault and battery against David Derringer; 12 against 1, so they will not be criminally or civilly prosecuted; a “gang” mentality. There were many witnesses to this incident. The motives of the “original Petition” were both violent and criminal intent by Barrie in “malicious prosecution” to falsely accuse David when no domestic violence occurred.

Barrie, now 11 months later on December 11, 2012, comes back to this court DV-12-234 in the same kind of irrational motives with new perjury and fraud, notarized, to claim unfounded allegations that David Derringer cannot place legal court pleadings of “public record” on the Internet; that David is “mentally unstable”; and that David has firearms still; all allegations are not only false, but brought yet again in “retaliation, revenge, and retribution”. Barrie is trying to not allow David to “expose” the truth on the Internet of public record to show the “lies” that Barrie has told all her friends, parents, family and bosses to gain their sympathy and support against divorcing a “terrible husband”; trying to stop David to show the criminal acts of Barrie’s employers and “friends” of assault and battery, and to stop David exposing the unlawful corruption and bias of the family courts against men hiding these matters; when in fact, all of this mess was by unfounded causes created by Barrie herself. Barrie attempts each time to portray herself as a “victim” of David Derringer to both the courts and to all around her, when in reality Barrie Derringer is only a victim to her own arrogance, stubbornness, ignorance, stupidity, and selfishness both destroying a wonderful marriage and ruining a true love from a devoted husband, that likely Barrie will never find in another. David Derringer is simply legally defending himself against an out-of control wife that has taken David’s Constitutional and statutory rights and is attempting to forever ruin David’s life without any just cause. This latest “alleged” violations of the Order of Protection is complete retaliation against David right after David Derringer has filed a civil tort suit against Barrie and others involved on November 26, 2012 of CV-12-10816. Clearly, to any rational person, “if’ Barrie believed that David still had firearms after the February 21, 2012 Order of Protection, she would have filed alleged violations long before 11 months later. Additionally, the suit CV-12-1307 filed against her bosses was filed on February 6, 2012, and she would have alleged that David was “mentally unstable” at that time (filing a rightful tort suit for assault and battery does not constitute mental instability). Additionally, the first court pleading of public record that David Derringer placed on the Internet Google blog exposing Barrie’s lies about David to others was on March 23, 2012, and Barrie would have filed a “violation” at that time if so deemed. The fact is that David Derringer has an undeniable 1^st Amendment right of “freedom of speech” to place “public records” of court pleadings on the Internet, and both Barrie and the Courts have no legal jurisdiction to force David Derringer to remove these blogs, or to attempt to “muzzle” David Derringer’s exposure of the facts and truth about David Derringer being a “very good husband” to Barrie out of true love, that is totally undeserving of both the outrageous, unjustified wrath of Barrie or the corruption of the family court system that persecutes David against all laws.

UNDENIABLE NEED FOR RECUSAL FOR “CAUSE” OF COMMISSIONER COSGROVE/AGUILAR AND CONSTITUTIONAL MANDATES TO ENTIRELY QUASH AND DISMISS THE ORDER OF PROTECTION

On February 21, 2012, DV-12-234, Commissioner Cosgrove/Aguilar has past conducted a hearing without jurisdiction or judicial capacity, ignoring that Respondent David Derringer had not been legally served any summons in personam, disregarded and denied David Derringer’s witness, Bruce Davis, and denied and disregarded all Constitution, NM Statutes, US Code and case laws involving the matters of Barrie Derringer seeking an “order of protection” brought by provable perjury and fraud, as notarized in a “Petition” that constituted a fourth degree felony under NMSA 30-25-1. In re Doe, 519 P.2d 133, 86 N.M. 37 “N.M. App. 1974 Failure to hear one party’s evidence, when offered, establishes a presumption of prejudice.”; Frates v. Weinshienk, 882 F.2d 1502 cert. denied 110 S. Ct. 1297, 494 US 1004, 108 L.Ed.2d 474 “Recusal motion should be permitted at any time it becomes apparent that judge is biased or suffers from appearance of bias.”; Huff v. Standard Life Ins. Co., SD Fla. 1986 “Strict construction of statute disqualifying trial judge for bias or prejudice is grounded upon sound principle that there is possibility of substantial abuse since harsh remedy of cessation of trial proceedings is mandated if allegations purport to state cause for bias. 28 USC 455" Barrie Derringer in “Petition” of February 6, 2012 DV-12-234, had stated that David Derringer had hurt her physically, and then “impeached” herself under oath in testimony to state: “David would never hurt me physically” of court record of the hearing of February 21, 2012, making the Petition perjury and fraud brought to the court. Barrie Derringer seemed to know that she had Commissioner Cosgrove/Aguilar “in her pocket” due to either some pay-off or understanding of shown occurrences that the Commissioner disregards all law to rule always for a woman with her own agenda and personal hatred for men and failures of her own past relationships, with decisions that violate Constitution, disregard court rules and necessities for legal service and a total discharge and disregard for “due process and equal protection” by not allowing David Derringer to submit all documents and exhibits and denying several times David Derringer’s own witness, so as to taint the court record and deny the foundation of the “family court system” to support the institution of marriage, and not destroy it as is the agenda of the Commissioner; thus defeating case laws and the foundation of the American society that is based in legal marriage. Matter of Lord’s Estate, 602 P.2d 1030, 93 NM 543 “It is policy of state to foster and protect marriage institution.”; Niman v. Niman, 15 Misc. 2d 1095, 181 NYS.2d 260 NY Sup. 1958. What happened in this regard is a persecution and “cruel and unusual punishment” by the Commissioner against a “man” Respondent David Derringer seeking to gain counseling or any other way to preserve his marriage, and the penchant of the Commissioner to destroy this marriage on the whim of a woman not standing by her vows or any commitment to any relationship is discharge of simply being an “adult”. Moreau v. Detchemendy, 18 Mo. 522, 1853 WL 4638 Mo. 1853.; Astor v. Astor, 120 So. 2d 176 Fla. 1960. Instead of attempting to mend the marriage, or seek availability of any reconciliation, and disregarding that Barrie was proven to have “lied” in the Petition by first stating that David Derringer had hurt her physically under notary oath, and then admitting under testimony oath that David would never do that, the Commissioner set about to rule for Barrie Derringer without any credible presentation or evidence whatsoever to either sustain an Order of Protection or any real or logical reasoning to abandon the marriage. Barrie presented no witnesses, evidence, documents, doctor’s statements, expert witnesses, photographs of “bruises” or any tangible evidence whatsoever that any “domestic violence” had occurred. Without any “standard of proof” in abuse of discretion, Commissioner Cosgrove/Aguilar violated and denied without legal cause, and without citing any case laws, statutes or Constitutional availability to deny Constitutional rights David’s right to “firearms”. The Commissioner violated Oath, Canon and the Code of Judicial Conduct to also keep David Derringer from “owning” personal property in violation of US Code Title 42 Section 1982, and to keep David Derringer from a lawful profession of NM outfitter/hunter #32, without “reasonable suspicion” of firearms violations; without reason to believe firearms violations; without probable cause for arrest and without any arrest, indictment, conviction or trial regarding any firearms violations or domestic violence, without any credible evidence whatsoever, and impeachment of Barrie Derringer’s own testimony wherein she states that she is afraid of physical harm from David Derringer and still under oath turns right around and states that “David would never hurt me physically, he loves me”; and then without any substantial evidence, without any preponderance of the evidence, without any clear and convincing evidence, and certainly without any evidence that is beyond a reasonable doubt, the Commissioner denies David Derringer’s Constitutional and rights under US Code; making the “Order of Protection” of February 21, 2012 against the “Supremacy Clause” of the Constitution Article VI. Recusal is mandated to prevent Commissioner Cosgrove/Aguilar “forcing” David Derringer to again stand before this bias in denial of “due process”. State v. Marden, 673 A.2d 1304 Me. 1996 “No judge should preside in case in which he is not wholly free, disinterested, impartial and independent.”; Purpura v. Purpura, 847 P.2d 314, 115 N.M.80 cert denied 847 P.2d 313, 115 N.M. 79 “N.M. Ct. of Appeals 1993 “If judge becomes so embroiled in controversy that he or she is unable to make fair and objective decision, judge must recuse himself or herself. SCRA 1986 1-011, SCRA 1986, Canons 21-300 Subd. A(3) 21-400". Clearly, the “Order of Protection” of February 21, 2012 was placed illegally under Constitutional law against David Derringer and is mandated to be quashed and dissolved in its entirety, brought without jurisdiction and in bias for illegal purposes. US v. Gordon, 61 F.3d CA.4 (Md.) 1995 28 USCA 455(a) “Despite external source requirement, recusal of judge may still be required if judge’s actions during trial considered objectively, display deep seated favoritism or antagonism that would make fair judgment impossible.”

What occurred here is Barrie came in fraud to the court DV-12-234 with attacking her husband in perjury with allegations of every conceivable reason that any woman would leave a husband; physical abuse, mental abuse, verbal abuse, isolation from friends and family, financial control, and living conditions. What occurred, however in testimony of Barrie under Oath, is that nothing stated or unstated supported any Barrie allegations. Barrie admitted under oath that “David would never hurt me physically” to obliterate any allegation of “physical abuse”; Barrie could not make any statements to support any mental abuse by example and when asked for example of any “verbal abuse” by David, Barrie was left “speechless” and could give no example to the court record. In the whole of the marriage, Barrie indeed had no “friends” of past, and devoted her time and energy to the Derringer marriage, but proof exists of Barrie’s past “friends” being cocaine users of the “biker” society of past twice husband of 30 years of Charles Beverley, that introduced Barrie into cocaine, with extended abusive use of marijuana, alcohol and wherein Charles Beverley cheated with other woman on Barrie many times in the past thirty year marriage, also giving Barrie the incurable venereal disease Herpes (HSV-2) that was then given to David Derringer without warning in criminal battery, tortuous fraud and negligence; a genital disease that Barrie knew she had contracted from past husband Charles Beverley at least 20 years before meeting David Derringer. At all times Barrie was totally free to have lunches with anyone, go shopping and do things with others, and to see her parents and family at any time and David respected and dealt without contest out of “respect for his wife”, to the abuse and admonishment of Barrie’s parents attempting to dissolve the marriage of the Derringers. Although Barrie is employed as an “accountant”, testimony from Barrie herself sustained why David Derringer was the one later in the marriage to pay bills and regulate the Derringer finances due to Barrie previously being late on payments, incurring late and penalty charges and overdrafts of the Derringer banking accounts, stated by Barrie under Oath as “reasons” that David Derringer later in the marriage took over the financial matters of the marriage; thus defeating any allegations of “control” and manipulation of the Derringer monies.

Barrie Beverley came to David Derringer on the Internet dating site, not the other way around, and Barrie started dating the David Derringer “Cowboy” with total knowledge that David Derringer had limited income, lived in a travel trailer without running water and electricity, on the West Mesa with his animals, and continued dating and falling in love with David Derringer by her own free will. Then by Barrie Derringer’s own free will, she legally changed her name to Barrie “Derringer” by court order of Judge Clay Campbell in the fall of 2009, and continued to date and become engaged to David Derringer until Barrie Derringer herself instigated that the couple go to Durango, Colorado and legally marry on January 15, 2010. The Derringer marriage continued in “good faith and love” and was a wonderful loving relationship, having come about by agreement by both parties to marry and make a “life long commitment” to each other to also mitigate the ramifications of Barrie giving David Derringer “Herpes” (HSV-2) that is incurable for both parties and in the marriage would not allow the spread of this disease to other sexual partners or the public. Then in criminal perjury and fraud, under Oath in court testimony of February 21, 2012 in DV-12-234, when asked of Barrie if she would ever “voluntarily” live in a travel trailer without running water and electricity of the life style of the Derringer marriage of 2 ½ years, she stated “NO”. Clearly, she did so of her own free will for a period of 2 ½ years by voluntary actions, to date, become engaged, and marry David Derringer and “chose” not some other ability to date and marry a doctor with a mansion, and thus the “criminal perjury” of Barrie is both sustained as is the defeat of the allegations of dissolving of the Derringer marriage necessity by “living conditions”. In re A.tl Robins Co. Inc., 97 BR 525 ED.Va 1995 “Bias” is condition of mind, which sways judgment and renders judge unable to exercise his functions impartially in particular case.”. The Commissioner simply disregarded testimony and evidence that defeated the “woman” in this matter, and ruled in Barrie’s favor in every regard. In re Wyoming Tight Sands Antitrust Cases, 726 F. Supp. 288 “Party moving to disqualify judge must show that reasonable person, knowing all of the circumstances, would harbor doubts about judge’s impartiality; standard is objective one.”; Garcia v. Herrera, 959 P.2d 533, 125 N.M. 199 cert denied 958 P.2d 103, 125 N.M. 145 “N.M. App. 1998 Trial court is required to recuse itself from hearing a case when it cannot preside in a fair and impartial manner.” ; State ex rel Hannah v. Armijo, 38 N.M. 73, 28 p.2d 511 (1933) “Presumption of bias-A judge is presumptively partial or biased, if he has pecuniary interest.”; State ex rel. Anaya v. Scarborough, 410 P.2d 732, 75 N.M. 702 “N.M. 1966 Interest necessary to disqualify judge must be a present pecuniary interest in result.”

Without conscience or law, the Commissioner orders the “order of protection” against David Derringer after the pathetic and unethical “band aid speech” of the Commissioner meant to demean, insult, admonish and persecute a husband that loves his wife, and for a wife to simply disregard vows and commitments on any whim, entirely orchestrated by the Commissioner based on her own beliefs, agendas, hatred of men, failed past relationships and having nothing to do with “law”. US v. Gordon, 61 F.3d CA.4 (Md.) 1995 28 USCA 455 “Partiality” that requires judicial disqualification is apparent disposition against party that is wrongful or inappropriate.”; US v. Occhipinti, 851 F. Supp. 523 S.D.N.Y. 1993 “Recusal is appropriate when judge has personal interest at stake, or some personal bias in favor for or against party to the action.”; SCRA 1986, 1-088.1(D) “No district judge shall sit in any action in which his impartiality may reasonably be questioned under the provisions of the Constitution of New Mexico or the Code of Judicial Conduct, and shall recuse himself in any such action.” This “persecution” and criminal harassment by a Commissioner to a litigant is not what “Congress” intended in the judicial system or under the meaning of the 13^th Amendment, and David Derringer cannot be again forced to endure such bias and persecution in the upcoming hearing of January 8, 2013. DB v. Ocean Tp. Bd. of Education, 985 F. Supp. 457, affirmed 159 F.3d 1350 “DNJ 1997 “If through obduracy, honest mistake, or simply inability to attain self knowledge judge fails to acknowledge disqualifying predisposition or circumstance, appellate court must order recusal no matter what the source; litigants ought not have to face judge with respect to whom there is reasonable question as to impartiality.”; Sexson v. Servaas, 830F. Supp. 175 “Motion for recusal must identify cold, hard facts which create appearance of partiality.”

On February 21, 2012, the Commissioner then proceeded to deny David Derringer his 2^nd Amendment rights to bear arms, a total Constitutional deprivation and violation without any standard of proof, with also knowledge that David Derringer has a “profession” of being an outfitter/big game hunter, New Mexico Game and Fish Professional Outfitter/Hunter #32 in New Mexico for a livelihood, that encompasses a “property right” of profession under New Mexico case laws that cannot be infringed. Roberts v. State Bd. of Embalmers and Funeral Directors, 434 P.2d 61 N.M.,1967 “The right to practice a profession or vocation is a property right.”; Muckleroy v. Muckleroy, 498 P.2d 1357 N.M.,1972 “Right to engage in a licensed profession is a protected property right.” This also encompassed the Commissioner disregarding the United States Code Title 42 Section 1982 and the US Supreme Court ruling No. 10-1521, that guarantees David Derringer legal use, possession and ownership of “firearms” just as his tooth brush and vehicle, and yet denied David Derringer his federal rights to “own personal property”. City of Memphis v. Greene, Tenn. 1981 101 S. Court 1584, 451 US 100, 67 L.Ed.2d 769 rehearing denied 101 S. Ct. 3100, 452 US 955, 69 L.Ed.2d 965 “Private Individuals-This section [Title 42 U.S.C. Section 1982] guaranteeing all citizens of the US the same right as is enjoyed by white citizens to inherit, purchase, lease, sell, hold, and convey real and personal property is directly applicable to private parties.”; Jones v. Mayer Co., U.S. Supreme Court 392 U.S. 409 (1968) No. 645 “All citizens of the United States shall have the same right, in every state and territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold, and convey real and personal property. Congress provided that the right to real and personal property was to be enjoyed equally throughout the United States, and that right was to be secured against interference from any source whatever, whether governmental or private.” This illegal and unconstitutional act by the Commissioner mandates “recusal” under the US Code Title 28 SectionS 453 and 455 as it mandates “recusal for cause” under New Mexico Rules of Civil Procedure NMRA Rule 1-088.1(D). Title 28 Section 455(a) Any justice, judge, or magistrate of the

United States

shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned. ; .”Petition of Wittrock, 649 A.2d 1053 (Del.) Supra. 1994 “Every litigant is entitled to be heard by a disinterested judge.” ; Holt v. KMI Const. Inc., 821 F. Supp. 846 D. Conn. 1993 “Recusal is called for when district judge has personal bias or prejudice in favor or against party.”

In this matter all Constitutional rights, statutory rights and US Code have been violated constituting the Commissioner Cosgrove/Aguilar disregarding the ignoring that the “Supremacy Clause” of the US Constitution Article VI upholds David Derringer’s Constitutional rights, the “private property rights” under US Code Title 42 Section 1982 to by the “supreme law of the land” not the frivolous and unsubstantiated “order of protection” by the Commissioner in sedition and treason to the Constitution under the meaning of the 14^th Amendment Section 3. US v. Griffin, 84 F.3d 820 amended CA7 (Ill.) 1996 “Judge should be disqualified from proceeding where circumstances raise reasonable questions about his or her impartiality, regardless of his or her state of mind or ability to conduct fair and impartial trial.”; Martinez v. Carmona, 624 P.2d 54, 95 N.M. 545 writ quashed 624 P.2d 535, 95 N.M. 593 “N.M. Court of Appeals 1980 Judge may be disqualified for statutory, constitutional, or ethical cause-Code of Judicial Conduct, Canon 3 Subd. A, Constitution Article 6, Section 18.”; Beal v Reidy, 80 N.M. 444. 457 P.2d 376 (1969) “Authority of court to affect substantive rights limited. This section confers no authority upon the district court to limit the extent of the substantive right to disqualify judges by Rule.” On June 6, 2005, the United States Supreme Court ruled that.. The Supremacy Clause unambiguously provides that if there is any conflict between federal and state law, federal law shall prevail...” in Gonzales v. Raich, No. 03-1454 SEE United States v. Colorado Supreme Court, No. 98-1081, 10^th USCA. ; Stoneking v. Bank of America, 132 NM 79, 43 P. 3d 1089. “Under Article VI of the Constitution, the laws of the

United States

“shall be the supreme law of the land..any thing in the Constitution or laws of any State to the contrary notwithstanding”.

Constitution Article VI Cl.2 “The Supremacy Clause prohibits the application of state laws which conflict with federal laws.” Home Mortgage Bank v. Ryan, 986 F.2d 372, 375 (10^th Cir. 1993).” Clearly here, the Commissioner denied David’s 2^nd Amendment Constitutional rights and and rights under US Code Title 42 Section 1982 “private property rights” “arbitrarily and capriciously” without any standard of proof, and well intends to do the same against David Derringer’s 1^st Amendment rights on the upcoming hearing of January 8, 2013. Cf.P. Bator, P. Mishkin, D. Shapiro, & H. Wshsler, Hart and Weshsler’s The Federal Courts and the Federal System, 336 (2d.ed 1973 (“[W]here constitutional rights are at stake, the courts are properly astute, in construing statutes, to avoid the conclusion that Congress intended to use the privilege of immunity...in order to defeat them.”);

Now, Barrie Derringer intends to use the known bias and prejudice of the Commissioner again to deny 1^st Amendment rights of David Derringer and to “accuse” without any proof, foundations of accusations that are untrue to gain further time restraints upon David in retaliation of a valid tort suit David Derringer v. Barrie et al. CV-12-10816, and David cannot be subjected to intense bias as before. Lund v. Helms, 29 F.3d 367 cert denied 115 S. Ct. 111 513 U.S. 1155, 130 L.Ed.2d 1076 CA8 (Iowa) 1994 “Test of whether to recuse judge is one of objective reasonableness, that is, whether judicial officer’s impartiality might reasonably be questioned under the circumstances.” People v. Walsh, 210 Ill. Dec. 126, 652 N.E.2d 1102, 273 Ill. App. 3d 453, Ill App. 1 Dist. 1995 “To prevail on motion for substitution of judge for cause, accused has to show actual prejudice, animosity, hostility, ill-will, or distrust directed towards accused.” The record is clear of unconstitutional acts and prejudice that prevents the Commissioner from presiding over David Derringer and notably should be “removed from the bench” subjecting the public to such outrage. State ex rel Anaya v. Scarborough, 75 N.M. 702, 410 P.2d 732 (1966) “Requiring petitioner to stand trial before biased or prejudiced judge does not conform to adequate remedy.”; Owen v. City of Independence, US Supreme Court 445 US 622 (1980) No. 78-1779 “Section 1983 provides a private right of action against “[e]very person” acting under color of state law who imposes or causes to be imposed a deprivation of constitutional rights. Although the statute does not refer to immunities, this Court has held that the law “is to be read in harmony with general principles of tort immunities and defenses rather then in derogation of them”.

The original Order of Protection must be dissolved with remedy of 11 months of deprivation of David Derringer’s Constitutional rights and sever penalty and sanctions against Barrie Derringer for a “wrongful injunction”. Suster v. Marshall, 149 F.3d 523, 533 (1998). “...the loss of Amendment freedoms, for even minimal periods of time constitutes irreparable injury”. ; Lueker v. First National Bank of Boston 82 F.3d 334 “Injunction is “wrongful”, for purposes of awarding attorney fees to party which obtained dissolution of wrongful injunction, where Plaintiffs had no just right either in law or facts to request or obtain such remedy.”; “When an alleged constitutional rights is involved, most courts hold that no further showing of irreparable injury is necessary” (citing 11A Charles Alan Wright, Arthur R. Miller and Mary Kay Kane, Federal Practice and Procedure 2948.1 (2d.ed 1995) see also Beal v. Reidy, 80 N.M. 444, 457 P.2d 376 (1969) “Prejudiced or biased judge would deprive party of due process of law.

In any and all matters/counts of the latest allegations of December 11, 2012, Barrie Derringer and her unethical attorney (Defendant to David Derringer in CV-12-10816) Alain Jackson are acting in fraud, deprivation of rights, retaliation, retribution, and revenge of David Derringer v. Barrie Crowe et al. CV-12-10816, to misuse the Domestic Violence courts as a weapon against David, and to attempt to use the DV courts as a blanket in an attempt to stop legal actions against Barrie for her torts against David. They simply want their own Commissioner to stop David’s legal use of the Internet and to persecute David for “violations” that did not occur in the illegal order of protection.

The plan of action of Barrie is to again lie in perjury and fraud to portray Barrie as the poor-hurt puppy victim and to use malicious prosecution to gain deprivation of 1^st Amendment rights wherein David has exposed the fraud, corruption and egregious acts by Barrie and the courts on the Internet by placing “public court records” for the world to see; none of which is a violation of the Order of Protection of DV-12-234. Barrie and Alain Jackson went in fraud to the existing Order of Protection DV-12-234 that illegally denied David’s “right to bear arms” and in direct violation of US Supreme Court No. 10-1521 ruling that as a citizen David has both a “property right” to own, possess and legally “firearms” and is acting both in retribution of the David filing against Barrie of CV-12-10816 tort suit, and to use the public frenzy outcry at this time to “ride the wave” against firearms to attempt to keep David from making his living at any time in the future by his legal profession as New Mexico Game and Fish Professional Outfitter/Hunter #32, in order to forever stop David’s income and leave David forever homeless and destitute. All through the divorce action of DM-12-610, David (registered “Republican”) has placed on the world wide web Internet legal and filed “public record” pleadings to oppose the re-election of Judge Alisa Hadfield and continued “public official” Commissioner Cosgrove/Aguilar, and to expose to the world the egregious violations of Constitution and retaliation that women do to men in the corrupt scheme of the family courts, not only in New Mexico, but nationwide, and some of David’s pleadings had been used by opponent attorney David Standridge on the web site in political opposition to Judge Hadfield.

David was forced by an illegal ‘order of protection’ on February 21, 2012 to give up possession and use of firearms for a period of two years, totally violating David’s 2^nd Amendment rights with no standard of proof under US Code Title 18 Section 922 or any standard of evidence, and that matter is in the appeal process, as well as formulating a federal Civil Rights suit over same. Now that this court has been “re-opened” by Barrie, the Commissioner has a Constitutional mandate to dissolve the Order of Protection as a matter of law. Barrie criminally attacks David again by mis-use of the “domestic violence” courts to make fraudulent claim that David has firearms, which is false, David is violation the Order of Protection by exercising his 1^st Amendment rights of freedom of speech to expose to the world the corruption of Barrie and the family divorce courts, and makes slanderous statements that David is emotionally and mentally unstable; all of which are brought with malice, abuse of process, perjury and fraud, and Barrie is already under criminal investigation by the Bernalillo County Sheriff Department for the past perjury and fraud to DV-12-234 in attaining the Order of Protection where she claimed under Oath that David had hurt her physically and then impeached herself under Oath to state that “David would never hurt me physically”.

It is proven that Barrie herself is on bi-polar medications of anti-depressants, anti-anxiety, sedatives and tranquilizers and has five different narcotic medicines of “codeine” available to her of Vicodin, Percocet, oxycodeine, hydrocodeine and acetaminophen with codeine; all of which she can abuse or overdose at any time due to her extreme depression and being suicidal which she has admitted to under Oath on the witness stand of DM-12-610 on August 23, 2012 of court record, and wherein David has no mental illness, and filing suits or defending against outrageous acts of torts and deprivation of Constitutional rights does not classify David as “mentally unstable”. Barrie is acting “out of control” with bad advice from her parents, Alain Jackson, and her bosses of Maestas and Ward where she works as accountant, and attempts to use the domestic violence court to “protect” all of these and other persons from suit, even attempting to protect Judge Hadfield from exposure on the Internet, and wherein Debbie and Irwin Harms bosses are already Defendants to David in CV-12-1307, and Alain Jackson and Barrie’s parents are already Defendants to David in CV-12-10816as is Barrie herself.

It is both emotionally distressing and sad that Barrie has gone to criminal extremes in persecuting and maligning David, who at all times seeks to “defend” himself and his Constitutional rights against the onslaught of a woman that he in fact loves; in which none of this should be happening, leaving David forced into court and forced to litigate against Barrie simply to protect himself, and his rights, immunities and privileges against a woman that should not be attacking her own husband, and moreover should not be attacking any US citizen to attempt to bar and deprive Constitutional rights. The Derringers had a very good marriage, and David was always a very good husband to Barrie. Due to violations of Constitutional rights, due process and equal protection violations by corrupt “judges”, David has filed complaints against Commissioner Cosgrove/Aguilar with head judge Ted Baca, and two “judicial standards” complaints against Judge Hadfield, and motions to “recuse for cause” against both, and even filed a “petition for writ of superintending control” in the New Mexico Supreme Court against Judge Hadfield exposing the violations of Oath, Canon, Code of Judicial Conduct and in fact “sedition and treason” against the United States Constitution under the meaning of the 14^th Amendment Section 3, and Barrie seeks to use that bias and prejudice against David before fruition of the ongoing appeals of both DV-12-234 and DM-12-610 to take away other Constitutional rights of “1^st Amendment”. Barrie has been “exposed” in her lies to family, friends, and employers to gain their assistance in a bogus divorce action, portraying David as a “terrible person”, when David was a very good husband to Barrie at all times; did nothing ever against Barrie; and loves the “rational Barrie” that David was married to with all of his heart.

Barrie and attorney Alain Jackson have filed a bogus, fraudulent and malicious allegations of violations of the Order of Protection of DV-12-234 in order to ride the wave of current outrage against firearms to falsely accuse David of having guns that were already dispossessed at the first Order of Protection on February 21, 2012, and which Barrie is simply lying and conducting fraud in this accusation to see what “sticks”. David has never violated the Order of Protection at any time in any manner, since February 21, 2012 even though the Order is “illegal” under Constitutional rights and never had due process, equal protection or any standard of proof initially, and David has properly used the court appeal process to attempt to attain justice over this matter. Since before Barrie left David is the only time David has any contact with Barrie’s parents, family, and to David’s knowledge Barrie has no friends, save associates at where she works at Maestas and Ward. Before any divorce filing or Petition for Order of Protection, David dressed up in his wedding suit and took red roses and a wedding anniversary card, in the middle of January, 2012 to attempt to talk to his own wife and invite her to lunch for their January wedding anniversary, after Barrie had left David on December 27, 2011, and was forced by boss Debbie Harms to leave the Maestas and Ward premises and could not even talk to his own wife, with Debbie Harms claiming that she would call APD for criminal trespass if David did not leave. On February 4, 2012 Debbie and Irwin Harms, bosses of Barrie and 10 “others” with Barrie, did criminal acts of assault and battery against David at the Derringer storage unit at 101 Florida SE Unit C while Barrie had them and 10 other “friends” attempting to steal all of the Derringer moveable property, and David legally and properly filed civil suit CV-12-1307 against the perpetrators, wherein at all times appurtenant to the matter, both Barrie and the two named Defendants “Harms” attempt to violate discovery and try to protect and refuse to disclose the identities of the other 10 persons that attacked David so as to keep David from both criminal and civil litigation prosecution against them, and now in malicious prosecution Barrie attempts to mis-use DV-12-234 for furthering that end. At no time since February 4, 2012 has David had any contact with any persons connected in any way with Barrie, Barrie’s family, parents, friends, employers or others connected in any way with Barrie, in total compliance with the DV-12-234 Order of Protection, except seeing Barrie Derringer in a court of law in DM-12-610 and DV-12-234 on February21, April 10, July 3 and August 23, 2012. Barrie and Alain Jackson are maliciously using DV-12-234 allegations to persecute by “criminal fraud”, and here lies in the want of probable cause by Barrie to bring the action of reopening DV-12-234. Both the “motive” and “purposes” of attempting to fraudulently re-open DV-12-234 were “improper ones” by Barrie with also a 4^th degree felony by Barrie to use “perjury” under the meaning of NMSA 30-25-1 “notarized” to instigate malicious prosecution. Barrie and attorney Alain Jackson simply act in “malicious prosecution” and “abuse of process” to bring an illegal and fraudulent action in order to attempt to “protect” persons already legally “Defendants” to David in CV-12-1307 and herself and others as “defendants” in CV-12-10816, and to stop David from legal “rights to sue” under US Code Title 42 Section 1981(a) and to continue to pursue David’s persecution by riding the wave of public sentiment of the latest Connecticut killing of “children” in attempts to keep David forever from his firearms, as well as direct retaliation, retribution, and revenge over the law suits involving her bosses, parents, attorney acting in reckless disregard of rights, and herself subject to other civil actions due to her unbelievable misconduct and disregard for any rights of David.

Commissioner Cosgrove/Aguilar is aware and should dismiss this Barrie abuse of process which is a perversion of court processes that she is using to accomplish some end which the process was never intended to accomplish, and she attempts to compel the party David against whom it has been used to do some collateral thing of dismissing his legal suits, which he could not legally and regularly be compelled to do, keep from exercising David’s rights to freedom of speech under the 1^st Amendment putting “public record” on the Internet that exposes Barrie’s devious actions and venereal disease, and to keep the party David against whom it has been used to stop doing some the collateral thing of exposing the egregious acts of Barrie and the courts on the Internet in which he has rights to do, and in which “for the protection of the public”, is in the best interests of the public. The Commissioner is dutifully bound to “Order” criminal investigation and prosecution against Barrie with the Bernalillo County Sheriff Department. Tyus v. Martinez, 106 Supreme Court 1787, 475 US 1138, 90 L.Ed.2d 333 on remand 800 F.2d 230 “A judge is not only entitled, but also has a duty to take all lawful measures reasonably necessary to prevent the occurrence of a crime in his courtroom.”

Barrie has thrown wild, unsubstantiated and fraudulent accusations against David to reopen DV-12-234 to misuse the domestic violence filing “process” in which she and Alain Jackson have designed to accomplish an illegitimate end. Here there are “multiple” ulterior, collateral, and unlawful purposes of DV-12-234 that support “abuse of process” and damages. The Barrie fraud perfected with the ulterior motives of Barrie and “defendant” attorney Alain Jackson (Defendant in DV-12-10816) produce the foundation of an abuse of process and criminal charges that are appurtenant. (1) an illegal, improper, perverted use of process that is not warranted or authorized; (2) an improper purposes in exercising such illegal, improper, or perverted use of process; (3) and resulting damages. It is unbelievable that the Barrie Derringer, wonderful wife of David Derringer has become an actor in the underlying maliciousness is to also deprive David his 1^st Amendment rights and to “muzzle” David’s exposure to the public the egregious acts conducted by a woman that claimed 15 times each day that she used to love David, in some sort of cult power control that she has already exercised in deprivation of David’s 2^nd Amendment rights designed to accomplish and illegitimate end.

REQUEST FOR RELIEF

WHEREFORE Respondent David Derringer motions this Court for Commissioner Cosgrove/Aguilar to immediately dismiss and dissolve the entire Order of Protection for Constitutional and statutory deprivations without any foundation of standard of proof, Order damages, and immediately recuse for any hearing of January 8, 2012 for “causes” stated in detail above with explicit examples as to why David Derringer cannot legally be forced before the Commissioner again in denial of “due process and equal protection” and further violations of Constitution and law.

Respectfully submitted by ____________________________________________

Respondent David Derringer, Box 7431, Albuquerque, New Mexico 87194

CERTIFICATE OF SERVICE

I hereby certify that I hand delivered a copy of this pleading to the domestic violence courts of the Second Judicial District Court on 400 Lomas NW, Albuquerque, New Mexico on December 31, 12012.

I also hereby certify that I sent a copy of this pleading by first class mail to:

Alain Jackson, 423, 6^th Street NW, Albuquerque, New Mexico 87102

Barrie Derringer

IN THE SECOND JUDICIAL DISTRICT COURT

COUNTY OF BERNALILLO

STATE OF NEW MEXICO

DV-12-234

BARRIE DERRINGER

Petitioner,

DAVID DERRINGER

Respondent,

MOTION FOR THE COURT TO PRODUCE WRITTEN MEMORANDUM PRIOR TO THE HEARING OF JANUARY 8, 2013 EXPLICITLY DEFINING WHAT STANDARD OF PROOF IS TO BE USED IN THE ALLEGATIONS AGAINST DAVID DERRINGER OF THE ALLLEGED VIOLATIONS OF THE ORDER OF PROTECTION FILED BY BARRIE DERRINGER ON DECEMBER 11, 2012, AND TO MANDATES OF “BURDEN OF PROOF” STANDARDS THAT WILL BE UPHELD AGAINST BARRIE DERRIGNER, WITH WHAT OBJECTIVENESS WILL BE DEFINED FOR ANY PROVABLE PERJURY AND FRAUD UNDER NOTARY BY BARRIE DERRINGER IN THAT FILING OF DECEMBER 11, 2012

COMES NOW, the Respondent David Derringer with motion as stated above.

On February 21, 2012, this court violated Oath, Canon, the Code of Judicial Conduct, the 14^th Amendment Section 3 without either jurisdiction or judicial capacity to deny David Derringer’s 2^nd Amendment Constitutional rights, rights of “personal property” and a “property right as a profession” with no legal cause and with no standard of proof whatsoever, and wherein the only testimony to validate the Order of Protection of “physical abuse” was by Barrie Derringer, who impeached herself under Oath stating that “David would never hurt me physically”. Particularly with respect to the past outrageous acts of this court in violations and manifest errors of law; the Respondent David Derringer has a definable “right” and the court has a duty to provide in writing what standard of proof is to be used in the hearing of January 8, 2013 of the fraudulent allegations brought in perjury by Barrie Derringer on December 11, 2012, and what the court will do as its duty legally against Barrie Derringer if evidence is sustained that Barrie Derringer brought the allegations of violations of the Order of Protection in provable criminal perjury, fraud, falsification of the court record and malicious prosecution. Richter v. Neilson, 11 Cal. App.2d 503, 54 P.2d 54 Cal. App. 1 Dist. 1936.; Tyus v. Martinez, 106 Supreme Court 1787, 475 US 1138, 90 L.Ed.2d 333 on remand 800 F.2d 230 “A judge is not only entitled, but also has a duty to take all lawful measures reasonably necessary to prevent the occurrence of a crime in his courtroom.”; Phelps v. Hamilton, 122 F.3d 1309, 1323 (10^th Cir. 1997).

BRIEF HISTORY

On February 21, 2012 Barrie Derringer was proven to have “lied” in the Petition by first stating that David Derringer had hurt her physically under notary oath, and then admitting under testimony oath that David would never do that. Instead of dismissing the “Petition” according to law, the Commissioner set about to rule for Barrie Derringer without any credible presentation or evidence whatsoever to either sustain an Order of Protection or any real or logical reasoning Barrie was abandoning the Derringer marriage. Barrie presented NO witnesses, police reports, evidence, documents, doctor’s statements, expert witnesses, photographs of “bruises” or any tangible evidence whatsoever that any “domestic violence” had occurred. Without any “standard of proof”, in abuse of discretion, Commissioner Cosgrove/Aguilar violated and denied without legal cause, and without citing any case laws, statutes or Constitutional availability to deny Constitutional rights David’s right to “firearms”. The Commissioner violated Oath, Canon and the Code of Judicial Conduct to also keep David Derringer from “owning” personal property in violation of US Code Title 42 Section 1982, and to keep David Derringer from a lawful profession of NM outfitter/hunter #32, in violation of the US Supreme Court ruling No. 10-1521, without any violations under US Code Title 18 Section 922, and without “reasonable suspicion” of firearms violations; without reason to believe firearms violations; without probable cause for arrest and without any arrest, indictment, conviction or trial regarding any firearms violations or domestic violence, without any credible evidence whatsoever, and impeachment of Barrie Derringer’s own testimony wherein she states that she is afraid of physical harm from David Derringer and still under oath turns right around and states that “David would never hurt me physically, he loves me”; and then without any substantial evidence, without any preponderance of the evidence, without any clear and convincing evidence, and certainly without any evidence that is beyond a reasonable doubt, the Commissioner denies David Derringer’s Constitutional and rights under US Code; making the “Order of Protection” of February 21, 2012 against the “Supremacy Clause”.

DAVID DERRINGER IS INNOCENT OF ALL ALLEGATIONS BROUGHT AGAINST HIM IN BOTH THE “PETITION FOR ORDER OF PROTECTION” OF FEBRUARY 6, 2012 OF HEARING FEBRUARY 21, 2012, AND IN THE LATEST PERJURY OF THE ALLEGED VIOLATIONS OF THE ORDER OF PROTECTION BROUGHT ON DECEMBER 11, 2012

David has a fundamental Constitutional right under the 1^st Amendment to voice his opinion in freedom of speech on the Internet in blogs, and to allow the whole world to view “public records” of court actions that are notably “distasteful” to Barrie, as they expose additionally the a woman betrayed without any cause the one person in her life that loved and stood by her, and now seeks to destroy that husband in any way possible for no just cause, even after David stood by her as “husband” after being infected without warning by Barrie of her incurable venereal disease (HSV-2) “Herpes”, and married her anyway with a life long commitment out of pure love, now being totally betrayed of the trust reposed in Barrie. “Public Record” means that the entire world can view documents, and with David Derringer placing these on the Internet simply means that European persons and others don’t have to go to Albuquerque, New Mexico to the Second Judicial District Court to view these documents, but can with only a mouse click away. This action is “freedom of speech” as defined by the 1^st Amendment.

It is proven that Barrie herself is on bi-polar medications of anti-depressants, anti-anxiety, sedatives and tranquilizers and has five different narcotic medicines of “codeine” available to her of Vicodin, Percocet, oxycodeine, hydrocodeine and acetaminophen with codeine; all of which she can abuse or overdose at any time due to her extreme depression and being suicidal which she has admitted to under Oath on the witness stand of DM-12-610 on August 23, 2012 of court record, and wherein David has no mental illness, and filing suits or defending against outrageous acts of torts and deprivation of Constitutional rights does not classify David as “mentally unstable”. Barrie is acting “out of control” with bad advice from her parents, Alain Jackson, and her bosses of Maestas and Ward where she works as accountant, and attempts to use the domestic violence court to “protect” all of these and other persons from suit, even attempting to protect Judge Hadfield from exposure on the Internet, and wherein Debbie and Irwin Harms bosses are already Defendants to David in CV-12-1307, and Alain Jackson and Barrie’s parents are already Defendants to David in CV-12-10816as is Barrie herself.

It is both emotionally distressing and sad that Barrie has gone to criminal extremes in persecuting and maligning David, who at all times seeks to “defend” himself and his Constitutional rights against the onslaught of a woman that he in fact loves; in which none of this should be happening, leaving David forced into court and forced to litigate against Barrie simply to protect himself, and his rights, immunities and privileges against a woman that should not be attacking her own husband, and moreover should not be attacking any US citizen to attempt to bar and deprive Constitutional rights. The Derringers had a very good marriage, and David was always a very good husband to Barrie with no abuse to Barrie whatsoever at any time. Due to violations of Constitutional rights, due process and equal protection violations by corrupt “judges”, David has filed complaints against Commissioner Cosgrove/Aguilar with head judge Ted Baca, and two “judicial standards” complaints against Judge Hadfield, and motions to “recuse for cause” against both, and even filed a “petition for writ of superintending control” in the New Mexico Supreme Court against Judge Hadfield exposing the violations of Oath, Canon, Code of Judicial Conduct and in fact “sedition and treason” against the United States Constitution under the meaning of the 14^th Amendment Section 3, and Barrie seeks to use that bias and prejudice against David before fruition of the ongoing appeals of both DV-12-234 and DM-12-610 to take away other Constitutional rights of “1^st Amendment”. Barrie has been “exposed” in her lies to family, friends, and employers to gain their assistance in a bogus divorce action, portraying David as a “terrible person”, when David was a very good husband to Barrie at all times; did nothing ever against Barrie; and loves the “rational Barrie” that David was married to with all of his heart.

BARRIE DERRINGER HAS TO PROVE VIOLATIONS OF THE ORDER OF PROTECTION AS ISSUES OF FACTS, AND STATEMENTS OF VIOLATIONS ARE NOT ENOUGH TO SUSTAIN ANY STANDARD OF PROOF

Barrie Derringer has made spurious allegations and accusations against David Derringer, which are provably false under existing laws; ie. The 1^st Amendment enables David Derringer to place public records on the Internet and indeed his own “opinions”. There are no medical records to sustain that David Derringer is mentally unstable, and proper use of the courts even again Barrie Derringer (Crowe) is no indication of mental instability. David Derringer does not have any possession of firearms and spurious allegations of same are not provable by simply any claim of fear of Barrie Derringer’s own mental insecurities. David Derringer, in the United States of America is presumed innocent of all charges and allegations until proven guilty of any by “sustained by evidence” violations under US Code Title 18 Section 922, and David cannot be sustained to have violated any Order of Protection without “reasonable suspicion” of firearms violations; without reason to believe firearms violations; without probable cause for arrest and without any arrest, indictment, conviction or trial regarding any firearms violations or domestic violence, without any credible evidence whatsoever, and impeachment of Barrie Derringer’s own testimony wherein she states that she is afraid of physical harm from David Derringer and still under oath turns right around and states that “David would never hurt me physically, he loves me” shows already past no legal credibility of the witness Barrie Derringer; Barrie Derringer is proven many times to have “lied under oath” in both DV-12-234 and DM-12-610. The allegations of December 11, 2012 will not hold without any substantial evidence, without any preponderance of the evidence, without any clear and convincing evidence, and certainly without any evidence that is beyond a reasonable doubt.

David Derringer is innocent of all allegations ever made against him in DV-12-234 and this raises an issue of fact, placing Barrie Derringer, Petitioner, under extreme burden to prove any case against David Derringer for any alleged violations. Dugger v. Young, 25 N.M. 671, 187 P.552 (1920) “A denial of facts in the complaint..raises an issue of fact, and the burden is upon the plaintiff to prove his case.”

REQUEST FOR RELIEF

David Derringer, Respondent, request of this court to produce written memorandum prior to the January 8, 2013 hearing scheduled, as to how the hearing of January 8, 2013 will be held according to the laws of evidence, standards of proof and what this court will do legally against Barrie Derringer (Crowe) if evidence sustains that Barrie brought this action under perjury, fraud, falsification of the court record and in direct “revenge”, “retaliation”, “retribution” and “malicious prosecution” due to David Derringer v. Barrie et al CV -12-10816, that was filed on November 26, 2012, before the alleged violations of the Order of Protection was filed on December 11, 2012.

The Order of Protection was not brought against David Derringer originally by any standard of proof and is in complete Constitutional violations and violations against the “Supremacy Clause” and must be entirely dissolved and dismissed as a matter of Constitutional law, with attending damages to be awarded against Barrie Derringer and her attorney Alain Jackson for deprivation of Constitutional rights.

Respectfully submitted by ____________________________________________

Respondent David Derringer, Box 7431, Albuquerque, New Mexico 87194

CERTIFICATE OF SERVICE

I hereby certify that I hand delivered a copy of this pleading to the domestic violence courts of the Second Judicial District Court on 400 Lomas NW, Albuquerque, New Mexico on December 31, 12012.

I also hereby certify that I sent a copy of this pleading by first class mail to:

Alain Jackson, 423, 6^th Street NW, Albuquerque, New Mexico 87102

Friday, December 21, 2012

COMPLAINT OF TORTS

STATE OF NEW MEXICO

COUNTY OF BERNALILLO

IN THE SECOND JUDICIAL DISTRICT COURT

DAVID DERRINGER

Plaintiff,

No. ________________

BARRIE CROWE AKA BARRIE DERRINGER

AKA BARRIE BEVERLEY, ALAIN JACKSON,

GERALDINE (JERRY) CROWE, AND WARREN

CROWE; ALL AS INDIVIDUALS,

Defendants,

AMENDED COMPLAINT FOR MALICIOUS PROSECUTION, ABUSE OF PROCESS, DEPRIVATION OF 1^ST AMENDMENT RIGHTS, ANIMAL ABUSE, FRAUD, FRAUD IN THE INDUCEMENT, FRAUDULENT MISREPRESENTATION, MISREPRESENTATION, ASSAULT AND BATTERY WITH FACILITATION, BATTERY, DOMESTIC VIOLENCE, TORTIOUS FRAUD, NEGLIGENCE, CONVERSION OF MONEY AND PERSONAL PROPERTY, UNJUST ENRICHMENT, VANDALISM, DESTRUCTION OF PROPERTY, DEPRIVATION OF INCOME, BREACH OF CONTRACT, LOSS OF CONSORTIUM, ALIENATION OF AFFECTION, INTERFERENCE WITH A LEGAL MARRIAGE, EMOTIONAL DISTRESS, MENTAL ANGUISH, CONSPIRACY, 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 in this Complaint referred to as “DAVID”) was violated by the Defendants in numerous torts as described below 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 Barrie Crowe, aka Barrie Derringer, aka Barrie Beverley (hereinafter in this Complaint referred to as “BARRIE”) can be located at 6801 Jefferson NE wherein she is the accountant employee of NAI Maestas and Ward Commercial Real Estate Corporation located within the City of Albuquerque, New Mexico in Bernalillo County.

3. Upon information and belief the Defendant Alain Jackson (hereinafter in this Complaint referred to as “ALAIN”) can be located at 423 6^th St. NW located within the City of Albuquerque, New Mexico in Bernalillo County..

4. Upon information and belief the Defendant Geraldine (Jerry) Crowe (hereinafter in this Complaint referred to as “JERRY”) can be located at 11405 Costa del Sol NE in the Tanoan Country Club area located within the City of Albuquerque, New Mexico in Bernalillo County.

5. Upon information and belief the Defendant Warren Crowe (hereinafter in this Complaint referred to as “WARREN”) can be located at 11405 Costa del Sol NE in the Tanoan Country Club area located within the City of Albuquerque, New Mexico in Bernalillo County.

6. The Plaintiff’s cause of action arose with David Derringer at all times in New Mexico, with all torts and counts and other matters by the Defendants, arising in New Mexico, 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, and the subject matter, wherein due to all counts being outside of any claims of professional necessity and in fraud, there can be no claim of “professional or substantive immunity” by any of these individual parties BARRIE, ALAIN, JERRY OR WARREN.

General Allegations Common to all Counts

7) Plaintiff adopts and incorporates by reference herein paragraphs 1-6 of the complaint as if set forth in full.

8) In any and all matters/counts of this Complaint, all Defendants BARRIE, ALAIN, JERRY AND WARREN acted in conspiracy, fraud, “in concert” with specific purposes in mind, and all knew, facilitated, and planned and all came to a mutual agreement with all of the actions complained of in a well orchestrated plan of action to attack, persecute, and destroy the life, mental stability, income, family of Derringer animals, and health of the Plaintiff David Derringer, with all actions being in criminal fraud and conspiracy, lending no Defendant with any claim to “immunity” under any profession or set of circumstances.

9) At no time since the first communication in June, 2009 and later meeting of BARRIE on July 7, 2009, or ALAIN, JERRY AND WARREN and any other members of the Defendants “gang of thugs” of 12 other persons to include, but not limited to Debbie Harms, Irwin Harms, and one “friend” of Barrie and 9 other men whose identity is concealed and hidden by protect these persons from both criminal and civil prosecution, did David Derringer do any actions, any form of communication, methods or other possible scenarios to precipitate, cause, give rise to, aggravate, or deserve any of the egregious acts and torts perpetrated against DAVID by any Defendant that have been used against DAVID since after December 27, 2011, or if possible planned and/or executed behind DAVID’S back without any knowledge by DAVID at any time before then.

10) BARRIE was raised as the daughter of JERRY AND WARREN in Los Alamos, in a very dysfunctional family environment with alcohol and substance abuse, and mental health problems genetically in the family, with a “control” and manipulation of BARRIE by JERRY AND WARREN, creating adult BARRIE being the least assertive person, easily controlled, manipulated and influenced, and still, despite her age of 57, being unable or assertive enough to stop or counter the verbal harassment, control, guilt trips, emotional blackmail, abuse and influence and manipulation by her parents JERRY AND WARREN, and BARRIE has inherited a mental and emotional condition disease of “bi-polar” and mental depression that effects her decisions, responsibility, and interactions with others, necessitating medications of anti-depressants, anti-anxiety, sedatives, and tranquilizers, and is also medicated with several “codeine” drugs that BARRIE uses to “cope” and to fit in with groups of people and the severe need of BARRIE to “be accepted” by others, despite some activities engaged in that may not be legal.

11) This unstable and dysfunctional upbringing and bad parenting was directly responsible for the penchant of BARRIE to engage as an adult in past, or present, alcohol, marijuana and cocaine (and other illegal and controlled substances) illegal drug use, and influences BARRIE to not ever stand up alone for what she may believe in, but to go along with the crowd or gang and what they believe that BARRIE should be like, how or where she should live, and do in any given situation, including, but not limited to unlawful acts, and extreme “pressure” is placed upon BARRIE by parents JERRY AND WARREN to “perform” in competition with others, and BARRIE is placed in serious “emotional and mental need” for praise, acceptance, ‘APPROVAL’, and award by her family, friends, employers, and others that BARRIE holds in esteem, and by the society in general.

12) BARRIE left home at 17 in an attempt to gain distance from the control, pressure, guilt, and influence of JERRY AND WARREN only to end up married in her 20's, divorced after 7 years and “re-married yet again” for a total of about 30 years to a biker, control freak alcoholic Charles Beverley, who continued BARRIE’S excessive use of alcohol and marijuana, and “introduced” BARRIE into cocaine and likely other illegal substances, a relationship/marriage that entailed verbal abuse by both partners, BARRIE being a “battered woman” and engaging in physical fights herself with Charles in domestic violence, and extreme emotional and mental torment and abuse by Charles cheating on BARRIE, that gained Charles infected with the incurable Herpes III virus from some other woman and permanently infecting BARRIE in her 20's, and the other control, intimidation and fear instilled into BARRIE by Charles Beverley, and BARRIE was left with a debt of $190,000.00 in credit card debt and $256,000.00 in default debt on a “Beaver RV bus” that Charles stole from Santander creditors, leaving BARRIE with horrible bad credit that is ongoing, and just after the dissolution of that marriage, ended up in a similar replacement “battered woman” relationship in her work place of NAI Maestas and Ward Commercial Real Estate Corporation, where she is verbally abused as before, made to “perform” and then the “abuse and ‘make-up’ cycle” and then after and with BARRIE’S submission/groveling an then the award/praise/make-up cycle” is performed by this company to gain her undivided loyalty and submission.

13) Within only a few months after the divorce with Charles Beverley of November, 2008, BARRIE was the willing and emotionally unstable “victim” of an Internet scam on My Cupid.com in June, 2009, wherein a man scamming BARRIE to be married and have a stable life, gained as a stranger in only one week of non-physical or personal contact, the manipulation and susceptible vulnerability of BARRIE where BARRIE sent this “stranger” in only one week, several wire transfers from her IRA fund amounting to $20,000.00, not recoverable with any claim of “fraud” as BARRIE did this egregious and irrational act “willingly” due to her bi-polar condition and non-assertive and vulnerable personality.

14) Later in June, 2009, BARRIE met DAVID, and the two almost instantly fell in love, with DAVID entering into a love relationship with BARRIE wherein DAVID trusted BARRIE, and almost immediately considered BARRIE his “soul mate and love of his life”.

15) At no time has “Cowboy” DAVID ever harmed BARRIE emotionally, mentally, or physically, but has always allowed BARRIE to “be herself” without “control or guilt”, and from that time of June, 2009 on, DAVID unconditionally loved BARRIE in the meanings of romance, desire, companionship, best friends, affection, and “agape unselfish and unconditional love” and was totally devoted to, doted on, revered, praised, sincerely complimented, appreciated, respected, honored, was both faithful and totally loyal, protected, and cherished the love and companion relationship with BARRIE, and DAVID at all times sought to better their love, relationship, enrich their lives, better their living conditions, and bring total happiness and enjoyment to their lives, giving to BARRIE the best friend and love she had ever had in her life, that she had needed forever.

16) BARRIE responded to DAVID in the same love, being “free”, happy, secure, joyful, dancing on the mesa, singing, laughing, and playful, and totally at ease.

17) Shortly after the “consummation with sex” of the love relationship with BARRIE, DAVID was permanently infected with BARRIE’S Herpes III permanent venereal disease, without any prior warning or discussion by BARRIE that she had been having sexual relations for almost 30 years with her prior husband of Charles Beverley, whom she had known to have been infected with Herpes III in one of his “cheating” episodes at least 20 years prior to BARRIE meeting DAVID, and wherein BARRIE knew that she had her own outbreaks of sores for years prior to meeting DAVID in the characteristic places for a woman with Herpes III virus on her butt and other places and that BARRIE has Herpes III incurable sexually transmitted virus is a ‘fact’ in the BARRIE medical records and in blood tests.

18) After long discussions and with the love already between the couple before the sexual intimacy, DAVID stayed with BARRIE with rational decisions by DAVID that the infection was “permanent” so leaving or later divorce was no solution to that specific problem, and wherein it would encompass new problems of ever finding another mate, and wherein DAVID considered BARRIE the “love of his life”, and due to the control, manipulation and opposition to DAVID by JERRY AND WARREN, BARRIE legally changed her last name to “DERRINGER” in the fall of 2009, and then BARRIE instigated the plan not to have a normal wedding with family present, and convinced DAVID to spontaneously go to Durango, Colorado and the two were legally married on January 15, 2010 by mutual agreement and love for a “life long commitment” to each other.

19) At all times, JERRY AND WARREN disliked DAVID, and disliked that DAVID was a “Cowboy” with a different life style, and sought to do acts, say things, and manipulate and control BARRIE to defeat, sabotage, undermine and ruin the relationship before and after the Derringer marriage both in DAVID’S presence, and behind his back with private communications and actions with BARRIE, with BARRIE never standing up against her parents for her husband/lover/friend DAVID even when JERRY maligned and insulted DAVID to BARRIE when in private with her mother, and defamed DAVID for having his wife BARRIE help get free hay and help fill tanks for water for the animals.

20) All attempts to gain a better state of domicile was always defeated by BARRIE’S past history of bad credit, but the couple were attempting to buy a short sale property before Christmas in 2011, when an unknown arsonist burned the house down on December 23, 2012 two days before Christmas, killing 5 of the Derringer pet dogs, spiraling BARRIE into deep depression, inflaming her bi-polar condition, and setting her mind into PTSD (post traumatic stress disorder/syndrome) that totally changed the loving, wonderful, caring, sensitive wife BARRIE into an inhumane, irrational, angry unemotional and unfeeling monster within four days, and BARRIE left DAVID on December 27, 2011 for no reason and with no explanation, simply stating that she was “not loyal” and drove away not to return, at all times following the bad and illegal advice of ALAIN, JERRY AND WARREN to do this act of abandonment and desertion against husband DAVID.

Count 1-Malicious Prosecution, Fraud, Abuse of Process, Deprivation of 1^st Amendment Rights

21) Plaintiff adopts and incorporates by reference herein paragraphs 1-20 of the complaint as if set forth in full.

22) In any and all matters/counts of this Complaint, the Defendant Barrie and Alain Jackson acted in fraud, deprivation of rights, retaliation, retribution, and revenge of David Derringer v. Barrie Crowe et al. CV-12-10816, to misuse the Domestic Violence courts as a weapon against David, and to attempt to use the DV courts as a blanket in an attempt to stop legal actions against her for her torts against David.

23) The plan of action of Barrie is to again lie in perjury and fraud to portray Barrie as the poor-hurt puppy victim and to use malicious prosecution to gain deprivation of 1^st Amendment rights wherein David has exposed the fraud, corruption and egregious acts by Barrie and the courts on the Internet by placing “public court records” for the world to see; none of which is a violation of the Order of Protection of DV-12-234.

24) Barrie and Alain Jackson went in fraud to the existing Order of Protection DV-12-234 that illegally denied David’s “right to bear arms” and in direct violation of US Supreme Court No. 10-1521 ruling that as a citizen David has both a “property right” to own, possess and legally “firearms” and is acting both in retribution of the David filing against Barrie of CV-12-10816 tort suit, and to use the public frenzy outcry at this time to “ride the wave” against firearms to attempt to keep David from making his living at any time in the future by his legal profession as New Mexico Game and Fish Professional Outfitter/Hunter #32, in order to forever stop David’s income and leave David forever homeless and destitute.

25) All through the divorce action of DM-12-610, David (registered “Republican”) has placed on the world wide web Internet legal and filed “public record” pleadings to oppose the re-election of Judge Alisa Hadfield and to expose to the world the egregious violations of Constitution and retaliation that women do to men in the corrupt scheme of the family courts, not only in New Mexico, but nationwide, and some of David’s pleadings had been used by opponent David Standridge on the web site in political opposition to Judge Hadfield.

26) David has a fundamental Constitutional right under the 1^st Amendment to voice his opinion in freedom of speech on the Internet in blogs, and to allow the whole world to view “public records” of court actions that are notably “distasteful” to Barrie, as they expose additionally the a woman betrayed without any cause the one person in her life that loved and stood by her, and now seeks to destroy that husband in any way possible for no just cause, even after David stood by her as “husband” after being infected without warning by Barrie of her incurable venereal disease (HSV-2) “Herpes”, and married her anyway with a life long commitment out of pure love, now being totally betrayed of the trust reposed in Barrie.

27) David was forced by an illegal ‘order of protection’ on February 21, 2012 to give up possession and use of firearms for a period of two years, totally violating David’s 2^nd Amendment rights with no standard of proof under US Code Title 18 Section 922 or any standard of evidence, and that matter is in the appeal process, as well as formulating a federal Civil Rights suit over same.

28) Barrie criminally attacks David again by mis-use of the “domestic violence” courts to make fraudulent claim that David has firearms, which is false, David is violation the Order of Protection by exercising his 1^st Amendment rights of freedom of speech to expose to the world the corruption of Barrie and the family divorce courts, and makes slanderous statements that David is emotionally and mentally unstable; all of which are brought with malice, abuse of process, perjury and fraud, and Barrie is already under criminal investigation by the Bernalillo County Sheriff Department for the past perjury and fraud to DV-12-234 in attaining the Order of Protection where she claimed under Oath that David had hurt her physically and then impeached herself under Oath to state that “David would never hurt physically”.

29) Barrie herself is on bi-polar medications of anti-depressants, anti-anxiety, sedatives and tranquilizers and has five different narcotic medicines of “codeine” available to her of Vicodin, Percocet, oxycodeine, hydrocodeine and acetaminophen with codeine; all of which she can abuse or overdose at any time due to her extreme depression and being suicidal which she has admitted to under Oath on the witness stand of DM-12-610 on August 23, 2012 of court record, and wherein David has no mental illness, and filing suits or defending against outrageous acts of torts and deprivation of Constitutional rights does not classify David as “mentally unstable”.

30) Barrie is acting “out of control” with bad advice from her parents, Alain Jackson, and her bosses of Maestas and Ward where she works as accountant, and attempts to use the domestic violence court to “protect” all of these and other persons from suit, even attempting to protect Judge Hadfield, wherein Debbie and Irwin Harms bosses are already Defendants to David in CV-12-1307, and Alain Jackson and Barrie’s parents are already Defendants to David in CV-12-10816as is Barrie herself.

31) It is both emotionally distressing and sad that Barrie has gone to criminal extremes in persecuting and maligning David, who at all times seeks to “defend” himself and his Constitutional rights against the onslaught of a woman that he in fact loves; in which none of this should be happening, leaving David forced into court and forced to litigate against Barrie simply to protect himself, and his rights, immunities and privileges against a woman that should not be attacking her own husband, and moreover should not be attacking any US citizen to attempt to bar and deprive Constitutional rights.

32) David has filed both “judicial standards” complaints against both Commissioner Cosgrove/Aguilar and Judge Hadfield, and motions to “recuse for cause” against both, and even filed a “petition for writ of superintending control” in the New Mexico Supreme Court against Judge Hadfield exposing the violations of Oath, Canon, Code of Judicial Conduct and in fact “sedition and treason” against the United States Constitution under the meaning of the 14^th Amendment Section 3, and Barrie seeks to use that bias and prejudice against David before fruition of the ongoing appeals of both DV-12-234 and DM-12-610 to take away other Constitutional rights.

33) Barrie and attorney Alain Jackson have filed a bogus, fraudulent and malicious allegations of violations of the Order of Protection of DV-12-234 in order to ride the wave of current outrage against firearms to falsely accuse David of having guns that were already dispossessed at the first Order of Protection on February 21, 2012, and which Barrie is simply lying and conducting fraud in this accusation to see what “sticks”.

34) David has never violated the Order of Protection at any time in any manner, since February 21, 2012 even though the Order is “illegal” under Constitutional rights and never had due process, equal protection or any standard of proof initially, and David has properly used the court appeal process to attempt to attain justice over this matter.

35) Since before Barrie left David is the only time David has any contact with Barrie’s parents, family, and to David’s knowledge Barrie has no friends, save associates at where she works at Maestas and Ward. Before any divorce filing or Petition for Order of Protection, David dressed up in his wedding suit and took red roses and a wedding anniversary card, in the middle of January, 2012 to attempt to talk to his own wife and invite her to lunch for their January wedding anniversary, after Barrie had left David on December 27, 2011, and was forced by boss Debbie Harms to leave the Maestas and Ward premises and could not even talk to his own wife, with Debbie Harms claiming that she would call APD for criminal trespass if David did not leave.

36) On February 4, 2012 Debbie and Irwin Harms, bosses of Barrie and 10 “others” with Barrie, did criminal acts of assault and battery against David at the Derringer storage unit at 101 Florida SE Unit C while Barrie had them and 10 other “friends” attempting to steal all of the Derringer moveable property, and David legally and properly filed civil suit CV-12-1307 against the perpetrators, wherein at all times appurtenant to the matter, both Barrie and the two named Defendants “Harms” attempt to violate discovery and try to protect and refuse to disclose the identities of the other 10 persons that attacked David so as to keep David from both criminal and civil litigation prosecution against them, and now in malicious prosecution Barrie attempts to mis-use DV-12-234 for furthering that end.

37) At no time since February 4, 2012 has David had any contact with any persons connected in any way with Barrie, Barrie’s family, parents, friends, employers or others connected in any way with Barrie, in total compliance with the DV-12-234 Order of Protection, except seeing Barrie Derringer in a court of law in DM-12-610 and DV-12-234 on February21, April 10, July 3 and August 23, 2012.

38) Barrie and Alain Jackson are maliciously using DV-12-234 allegations to persecute by “criminal fraud”, and here lies in the want of probable cause by Barrie to bring the action of reopening DV-12-234.

39) The tort cause of action here of malicious prosecution has been defined by both facts and law, as both the “motive” and “purposes” of attempting to fraudulently re-open DV-12-234 were “improper ones” by Barrie with also a 4^th degree felony by Barrie to use “perjury” under the meaning of NMSA 30-25-1 “notarized” to instigate malicious prosecution.

40) Barrie and Alain Jackson act in “abuse of process” to bring an illegal and fraudulent action in order to attempt to “protect” persons already legally “Defendants” to David in CV-12-1307 and herself and others as “defendants” in CV-12-10816, and to stop David from legal “rights to sue” under US Code Title 42 Section 1981(a) and to continue to pursue David’s persecution by riding the wave of public sentiment of the latest Connecticut killing of “children” in attempts to keep David forever from his firearms, as well as direct retaliation, retribution, and revenge over the law suits involving her bosses, parents, attorney acting in reckless disregard of rights, and herself subject to other civil actions due to her unbelievable misconduct and disregard for any rights of David.

41) This Barrie abuse of process is a perversion of court processes that she is using to accomplish some end which the process was never intended to accomplish, and she attempts to compel the party David against whom it has been used to do some collateral thing of dismissing his legal suits, which he could not legally and regularly be compelled to do, keep from exercising David’s rights to freedom of speech under the 1^st Amendment putting “public record” on the Internet that exposes Barrie’s devious actions and venereal disease, and to keep the party David against whom it has been used to stop doing some the collateral thing of exposing the egregious acts of Barrie and the courts on the Internet in which he has rights to do, and in which “for the protection of the public”, is in the best interests of the public.

42) Barrie has thrown wild, unsubstantiated and fraudulent accusations against David to reopen DV-12-234 to misuse the domestic violence filing “process” in which she and Alain Jackson have designed to accomplish an illegitimate end.

43) Here there are “multiple” ulterior, collateral, and unlawful purposes of DV-12-234 that support “abuse of process” and damages.

44) The Barrie fraud perfected with the ulterior motives of Barrie and “defendant” attorney Alain Jackson (Defendant in DV-12-10816) produce the foundation of an abuse of process tort claim that are: (1) an illegal, improper, perverted use of process that is not warranted or authorized; (2) an improper purposes in exercising such illegal, improper, or perverted use of process; (3) and resulting damages.

45) The underlying maliciousness is to also deprive David his 1^st Amendment rights and to “muzzle” David’s exposure to the public the egregious acts conducted by a woman that claimed 15 times each day that she used to love David, in some sort of cult power control that she has already exercised in deprivation of David’s 2^nd Amendment rights designed to accomplish and illegitimate end.

WHEREFORE the Plaintiff claims damages of $100,000.00 for the willful and negligent malicious misuse of the courts, precipitating extreme emotional distress, time expenditure in defense, deprivation of Constitutional rights wherein even small time frames of Constitutional deprivation constitute “irreparable damages”, and mental anguish that a woman who David loves would do these acts to a man that never did anything bad to her at any time and has not violated any court order against him, despite those orders being “unconstitutional and illegal under law”. Plaintiff then claims an amount of three times the actual damages that are set forth above in additional punitive damages to stop the instant criminal conduct and torts of the Defendant, and to set precedent for others in the future similarly situated to stop the same or similar acts against others in the Plaintiff’s position and that Constitutional rights cannot be deprived or infringed based solely on the frivolous allegations of a woman in “hate mode” for unknown reasons.

Count 2-Abuse of Animals

46) Plaintiff adopts and incorporates by reference herein paragraphs 1-20 of the complaint as if set forth in full.

47) At all times before and during the Derringer marriage, BARRIE loved all of the Derringer animals, with “kitty Mask” sleeping each night on BARRIE’S head, and the “loving, considerate and humane” (‘married’) BARRIE being outraged at the persons that abandoned their dogs and cats on the West Mesa, leaving them to die by starvation or dehydration or be killed by the packs of coyotes, and the “Derringers” saved and rescued several of these animals that became the Derringer pets.

48) After BARRIE left DAVID on December 27, 2011, BARRIE became the unemotional abuser and inhumane monster as those others and she abandoned all of the Derringer animals, and with the bad and illegal advice of ALAIN, JERRY AND WARREN, maliciously kept “community income” only for herself against NM laws, and testified under Oath in DM-12-610 on August 23, 2012 that she “refused” to use “community income” to provide food and water for the Derringer animals, and she had told the Bernalillo County Animal Control officers that “the Derringer animals should be confiscated and destroyed”.

49) BARRIE became a “criminal” with the meaning of NMSA 30-18-1, facilitated and applauded by ALAIN, JERRY AND WARREN in fraud and conspiracy, and is directly responsible for the death of 5 of the Derringer family of pets and the suffering ongoing of the remainder by criminal abandonment and abuse and negligence of deprivation of money and necessities known needed for food and water, medical attention and other means of sustenance, making all Defendants liable and subject to the mandated “counseling” for such inhumane mental decomposition under NMSA 30-18-1.

WHEREFORE the Plaintiff claims damages of $100,000.00 for the willful negligent death of the 5 animals, from Defendant BARRIE; $50,000.00 from each of the other Defendants of ALAIN, JERRY AND WARREN; and additional amount of punitive damages jointly and severally in an amount from each Defendant of $10,000.00 to stop the instant abandonment, abuse, negligence and killing of animals, and to deter others similarly situated in the future; Order for law enforcement to arrest and prosecute all Defendants for criminal animal abandonment and abuse under NMSA 30-18-1, court costs, and any and all other relief as the court deems just and proper.

Count 3-Count I-Fraud, Fraud in the Inducement, Constructive Fraud, Fraudulent Misrepresentation, and Misrepresentation

50) Plaintiff adopts and incorporates by reference herein paragraphs 1-24 of the Complaint as if set forth in full

51) All Defendants have acted in conspiracy, conspiracy against rights and fraud against DAVID with fraud, misrepresentation, and perjury to the courts in DV-12-234 and DM-12-610 and fraud inducement between each other, with fraudulent misrepresentation of ALAIN, JERRY AND WARREN to BARRIE about both real and legal issues, and misrepresentation to BARRIE “all women conduct themselves with perjury and fraud in a divorce” and that BARRIE would not be prosecuted for “lying” despite NMSA 30-25-1" inducing BARRIE’S fraud and proven perjury on February 6, 2012 and in several hearings of DV-12-234 and DM-12-610.

52) On February 6, 2012, BARRIE conducted perjury and fraud against DAVID by filling a false notarized “Petition for Order of Protection” that has been proven fraud and perjury by witnesses, and documents of APD reports, subjecting BARRIE to available and necessary criminal prosecution of the 4^th degree felony under NMSA 30-25-1, with BARRIE “knowing better” than to lie under oath, being a licensed notary herself, but with the “bad and illegal advice” of ALAIN, JERRY AND WARREN wanting to have control and total influence over BARRIE in her vulnerable mental state after the fire, and to keep the mentally stable husband DAVID from any further influence or contact, with a “no contact order”, so DAVID can no longer either help or protect his wife, in any matters with BARRIE often doing “stupid” things as a woman, such as being outside standing alone stranded at night in a dark deserted parking lot, rather than stay in a locked Maestas and Ward building, to be safe from rape or murder, until her husband arrived, such as on January 18, 2012.

53) BARRIE is mentally depressed and suicidal, as testified by BARRIE under oath on August 23, 2012 in DM-12-610 that renders the unscrupulous and illegal influences for fraud, and misrepresentation by ALAIN, JERRY AND WARREN the most serious damage to the overall depression and mental instability of BARRIE, and makes ALAIN, JERRY AND WARREN also totally liable in “reckless endangerment” of the life of suicidal BARRIE and each are liable for any harm that would come to her in this regard, and keeping DAVID from any possibility of “protection” and “care” for his beloved BARRIE, due to the fraud constructed by the Defendants against DAVID.

54) BARRIE, ALAIN, JERRY AND WARREN acted in fraud, fraud in the inducement and constructive fraud to make agreement in conspiracy each other to remove Barrie Derringer’s name from the lease contract of the shop/storage at 101 Florida SE Unit C, without the consent or knowledge of the co-tenant husband David Derringer and did so in a criminal conspiracy to attempt to exempt Barrie Derringer from further payment of “community debt” owed legally under NMSA 45-2-804, and attempt in criminal fraud against DAVID and the State of New Mexico, to place all debt against only DAVID to ruin his life, and force DAVID to use money that should be used to maintain living animals; acted in same to prevent “community income” from the sustenance of the Derringer animals; and acted in same to stop any possible income for DAVID and to place all burdens of “community debt” against only DAVID, that also included fraudulent violations of court orders of April 10, 2012, June 12, 2012, July 3, 2012 and hiding and violations of “discovery” of DM-12-610 to protect the instant fraud and third parties that conducted assault and battery, larceny, destruction of property and vandalism against DAVID, with ALAIN lying in a court in perjury to protect BARRIE’S violations and to misrepresent the truth of what occurred in BARRIE’S violations of discovery in DM-12-610.

55) All of the acts of each of the Defendants was in conspiracy, and egregious acts of neglect, failure, perjury, fraud and criminal acts, 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, loss of tangible items, money, live animals, corruption of the judicial system and long term ruination of the life of the Plaintiff.

56) 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, to cause emotional distress, mental anguish, and to take Constitutional and Civil Rights from the Plaintiff and to attack the Plaintiff by aiding and abetting criminal acts and unlawful acts by each of BARRIE, ALAIN, JERRY AND WARREN, to ruin the life of the plaintiff and destroy the Derringer marriage and to detrimentally affect the further life of BARRIE herself, and the Plaintiff has been extremely harmed by all conduct of each of the Defendants acting with each other, supporting the acts of each and all acts without legal ability. 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 all Defendants under the US Constitution and as a citizen.

WHEREFORE, the Plaintiff claims $50,000.00 damages against all Defendants BARRIE, ALAIN, JERRY AND WARREN; an additional $10,000.00 in punitive damages to stop the instant corruption and fraud, and to deter others similarly situated that would also defraud the courts in a divorce proceeding, and to misrepresent a “Petition for Order of Protection” simply to gain advantage over the Respondent to achieve a “no contact order” that prevents any counseling, talking or influence by the husband that is of great benefit to the overall sanctity of marriage in the United States, thus defeating the institution of marriage by meddling outsiders of ALAIN, JERRY AND WARREN; court costs and any and all other remedy that the court deems just and proper.

Count 4-Assault and Battery with Facilitation

57) Plaintiff adopts and incorporates by reference herein paragraphs 1-31 of the complaint as if set forth in full.

58) Pre-planned in fraud, conspiracy, deceit and malice, the illegal and detrimental advise, fraud, and conspiracy between BARRIE, ALAIN, JERRY AND WARREN, BARRIE organized a “gang of thugs” consisting of two of BARRIE’S bosses Debbie and Irwin Harms of NAI Maestas and Ward, with a past “woman friend” of BARRIE from the past biker gang cocain friends of past husband Charles Beverley and 9 other men of origin and identity unknown to “break and enter” and steal all personal property of BARRIE, DAVID and community property stored by the Derringers in the commercial shop/storage facility at 101 Florida SE Unit C on February 4, 2012, before any filing of any “Petition for Order of Protection” and before any filing for divorce by BARRIE, with DAVID and BARRIE having made a verbal agreement for BARRIE to live alone for a short time to reconstruct herself mentally after the fire, with DAVID led to believe that the Derringer marriage would be put back together.

59) In about November, 2010, BARRIE had stopped taking her bi-polar/depression medication for a period and became mentally and emotionally unstable, and came home one night and stated to DAVID that the abuse and pressure at her employer Maestas was so bad that she had thought of coming home in the afternoon and using DAVID’S loaded firearms to commit suicide where DAVID would find her dead that evening, so after BARRIE left on December 27, 2011, when BARRIE was obviously getting further emotionally and mentally unstable in the month of January, 2012, DAVID locked BARRIE from the shop/storage unit in late January, 2012 to prevent BARRIE taking her own life by mis-use of DAVID’S loaded firearms, in order to protect and ensure safety as much as possible for BARRIE, whom DAVID loves with all of his heart.

60) The intent of BARRIE, ALAIN, JERRY, WARREN, and “gang of thugs” was to break into the Derringer storage and take all personal property so that before any divorce filing BARRIE would have “possession” of all valuable items, and then to fraudulently file with a court to gain a “no contact order” so that BARRIE would have the advantage of all property that DAVID would have no access or ability to find, and the unscrupulous controlling “employers” of BARRIE and the past biker persons and drug addicts were more than happy to have BARRIE back in their cult, and would assist her in this illegal venture and would attack or keep DAVID from any interference, should it occur.

61) DAVID was fortuitous to “catch” the actions of the BARRIE gang, already having broken all locks and with all property in the parking lot and having already loaded much property into trucks, and called APD on Saturday, February 4, 2012, while telling all 12 persons to stop the larceny, that they were in trespass and the 12 persons jumped, held down and abused husband DAVID in criminal assault and battery, until they heard the APD police sirens coming and turned DAVID loose.

62) The criminal assault and battery included Debbie and Irwin Harms holding DAVID, with multiple “men” and the “woman cocain” friend of BARRIE holding DAVID’S left arm, and detaining DAVID against his will with others of the men holding DAVID’S arms and legs, and BARRIE watched and took no action, did not yell for them to stop or do anything to prevent the battery against DAVID, making BARRIE an accomplice and an “accessory” and when the thugs turned DAVID loose, and DAVID was backing away from his assailants, BARRIE rushed to her husband, placed both hands on DAVID’S cheeks, and said “calm down, you’re OK”, of which this incident was witnessed by many persons, including, but not limited to Bruce Davis that has already testified in court under oath, on August 23, 2012 in DM-12-610, and also testified that DAVID did not ever touch his wife BARRIE on that day in any manner, despite her holding DAVID’S face in a loving manner.

63) In criminal perjury and fraud, BARRIE on Monday, February 6, 2012 filed a notarized “Petition for Order of Protection” as a fourth degree felony against DAVID claiming in perjury that on that day in that incident of February 4, 2012 at 101 Florida SE Unit C, that DAVID had knocked her down, hurt her hip where she has bruises, and kept her from leaving, and wherein BARRIE in hearing under oath had no evidence, and impeached herself by stating “David would never hurt me physically, he loves me” and wherein the APD police report of February 4, 2012 does not substantiate any violence by DAVID against anyone, including, but not limited to no physical contact of any kind with BARRIE by DAVID.

64) Even though BARRIE did not touch DAVID in the violence part of the assault and battery and sought to console DAVID by cradling DAVID’S face after the battery, does not exclude all Defendants from liability in tort for planning the assault and battery with discussions by ALAIN, JERRY AND WARREN, the assault would be necessary if DAVID appeared at the planned break-in, and without BARRIE screaming for the assailants to stop, trying physically to assist her husband in the battery, or making any attempt to help her husband in any manner, and wherein the assailants were not “strangers” but friends and employers of BARRIE brought by BARRIE for the incident, all Defendants are liable for the assault and battery against DAVID and BARRIE is still protecting the identity of the “woman friend” and 9 other men involved in the criminal acts to keep DAVID from legal civil and criminal prosecution of all involved, even though DAVID recognized the assailants of Debbie and Irwin Harms.

WHEREFORE, the Plaintiff claims $100,000.00 damages against all Defendants BARRIE, ALAIN, JERRY AND WARREN; an additional $10,000.00 in punitive damages to punish the conspiracy to commit criminal assault and battery against a spouse, and to deter others similarly situated; Order for all Defendants to produce the names and identification of all persons involved in that battery, including, but not limited to the “friend” of BARRIE and the 9 other men involved; Order for law enforcement to prosecute all persons involved in the battery and all Defendants involved in the conspiracy to commit the assault and battery that is documented to have occurred; court costs and any and all other remedy that the court deems just and proper.

Count 5-Battery, Domestic Violence, Tortious Fraud, and Negligence

65) Plaintiff adopts and incorporates by reference herein paragraphs 1-39 of the complaint as if set forth in full.

66) On or about November, 2010, BARRIE was off of her bi-polar medication and in deep depression and mentally unstable about the extreme abuse and pressure placed upon her by her employer NAI Maestas and Ward and was “suicidal” and one evening went mentally out-of-control for no reason, and started hitting DAVID in the face multiple times in battery and domestic violence, where DAVID never touched or hit her back, and did not even protect himself for fear of inadvertently hurting his beloved BARRIE that he knew had pins in her right arm due to a previous bicycle accident, and BARRIE then left for three days.

67) BARRIE had previously admitted to DAVID that she had hit and had physical fights with past husband Charles Beverlely, and had vowed to DAVID that she would never hit DAVID in domestic violence.

68) During the incident of BARRIE’S battery against DAVID, DAVID asked what she was doing and why, and that BARRIE had vowed never to do this to DAVID, and BARRIE stated that “I lied”, and on August 23, 2012 in DM-12-610, admitted to the battery and domestic violence against DAVID of this incident under oath in a court of law.

69) At no time has “Cowboy” DAVID ever harmed BARRIE emotionally, mentally, or physically, but has always allowed BARRIE to “be herself” without “control or guilt”, and from that time of June, 2009 on, DAVID unconditionally loved BARRIE in the meanings of romance, desire, companionship, best friends, affection, and “agape unselfish and unconditional love” and was totally devoted to, doted on, revered, praised, appreciated, respected, honored, was both faithful and totally loyal, protected, and cherished the love and companion relationship with BARRIE, and DAVID at all times sought to better their love, relationship, enrich their lives, better their living conditions, and bring total happiness and enjoyment to their lives, giving to BARRIE the best friend and love she had ever had in her life, that she had needed forever.

70) BARRIE had contacted DAVID via the Internet and started a relationship with DAVID in June, 2009, while at no time stating that she had a venereal disease or complications of any kind for attaining a stable relationship.

71) BARRIE knew prior to meeting DAVID that she had been having sexual relations for almost 30 years with her prior husband of Charles Beverley, whom she had known to have been infected with Herpes III in one of his “cheating” episodes at least 20 years prior to BARRIE meeting DAVID, and wherein BARRIE knew that she had her own outbreaks of sores for years prior to meeting DAVID in the characteristic places for a woman with Herpes III virus on her butt/other places, and this ‘fact’ is in BARRIE’S medical record and in blood tests.

72) As the BARRIE/DAVID love relationship increased in July, 2009, without any prior warning or discussion by BARRIE of her past husband having Herpes III incurable venereal disease, the “consummation with sex” of the love relationship with BARRIE was manifested by DAVID being permanently infected with BARRIE’S Herpes III permanent venereal disease in acts of which DAVID believed BARRIE to be “safe” as a mistaken belief; BARRIE denied DAVID knowledge of the disease by her duty to inform beforehand; and the general negligence that BARRIE performed against DAVID by not informing him of past husband Charles’ “cheating” on her multiple times to achieve the disease and her knowledge that this infection stemmed from at least 20 years beforehand.

73) Although the decisions to mitigate the damages for both parties unfolded in a marriage and continued love commitment between BARRIE and DAVID, with attending vows, promises and legal marriage contract for a “life long commitment” to each other, DAVID has now been “betrayed” by his beloved BARRIE, with a divorce action, that leaves DAVID the permanent victim of battery for the rest of his life, without currently his BARRIE for intimate relations or consortium, and left with no redress to find another partner in life, without BARRIE upholding her responsibility and vows, to abandon her love and best friend for unknown and bogus reasons, when DAVID acted out of love and good faith in the marriage with BARRIE that was to be “forever”.

74) Defendants ALAIN, JERRY AND WARREN knew of the Herpes of BARRIE as well as had knowledge of the past abuse, domestic violence by Charles Beverley against BARRIE, and also knew of BARRIE’S mental disorders, that were genetically transmitted by JERRY, and sought to hide and disregard these issues even in a court of law of DM-12-610.

75) Even if BARRIE did not disclose the risks to DAVID due to the irrational and irresponsible acts by a “bi-polar” in manic mode, BARRIE had the liability to disclose, and on the contrary, the liability and duty to save the marriage and stay with DAVID after the vows and commitment that encompassed the venereal disease detrimental to both parties, as well as “responsible action” to keep the marriage intact for protection of the public in general as monogamy without cheating, as DAVID is both faithful and loyal to BARRIE.

76) At the time of marriage, DAVID had loved and accepted all of BARRIE’S mental and physical problems, in a love relationship in extreme good faith, that their love and marriage would continue until death, all of which could be worked out with co-operation and loyalty and good faith by BARRIE, and BARRIE has instead chosen to betray the trust reposed in her by her loyal and faithful husband, and deceived the marriage to be with others that would now be in total risk by BARRIE’S disease and irrational and irresponsible actions against loyalty to anyone.

77) The correct “parenting” decision, rational decision, and legal decisions that should have been made by Defendants ALAIN, JERRY AND WARREN would be to advise BARRIE to stick with her marriage, seek counseling, work out any problems, and not to take criminal actions against her own husband, and to stay loyal and secure in the marriage “forsaking all others”, and instead the Defendants ALAIN, JERRY AND WARREN and other meddling third parties sought to assist BARRIE deceive and attack DAVID and destroy the best marriage that BARRIE has had in her life by JERRY AND WARREN “financing” the fraudulent “Petition for Order of Protection” and divorce for BARRIE as testified under Oath by BARRIE in both DV-12-234 and DM-12-610.

78) BARRIE as a 57 year old woman was extremely fortuitous in her third marriage to finally find in her life a man that loves her unconditionally, accepts her as she is, works with her and stands by her in all matters and circumstances, and was willing to marry, love and protect her for life with no abuse of any kind to her, even after BARRIE’S acts of negligence to DAVID with a tortious infliction of a venereal disease.

79) Parents JERRY AND WARREN are insane to destroy the Derringer marriage against the best interests of their own daughter.

WHEREFORE, the Plaintiff claims $900,000.00 damages against all Defendants BARRIE, ALAIN, JERRY AND WARREN, court costs and any and all other remedy that the court deems just and proper.

Count 6-Conversion of Money and Personal Property, Unjust Enrichment, and Deprivation of Income

80) Plaintiff adopts and incorporates by reference herein paragraphs 1-54 of the Complaint as if set forth in full.

81) BARRIE had an entirely different 180 DEGREE change of personality after leaving DAVID on December, 27, 2011 that included criminal acts and subversive acts against DAVID by assisted assault and battery; fraud; perjury; taking all bank account monies; buying “community items” and not telling her husband and not allowing her husband his legal ½ share of those possessions; changing her direct deposit of “community income” to only herself and keeping any “community income” from her husband DAVID; abandoning and abusing the animals; and breaking and entering the Derringer storage so as to take all property for herself in three actions of February 4, 25 and March 8, 2012, taking and doing damages to over $55,000.00 of DAVID’S property, and failure and refusal to return her wedding ring, boots, clothing, equipment, tools, animal travel and registration papers, and many other tangible property of DAVID, and the possibility of burglary by her biker and cocaine friends and accomplices when DAVID was known to be in court with BARRIE on July 3, 2012, and defiance of the court’s Orders in DM-12-610 to pay bills, registration and insurance on the four Derringer vehicles and instead keeping that “community money” also in fraud; all in “unjust enrichment” and contrary to NMSA 45-2-804 and other criminal and civil New Mexico statutes.

82) Although still believed by DAVID that BARRIE was a “wonderful, honest, and loving wife” during the marriage until December 27, 2011, as BARRIE told DAVID multiple times each day that she loved him, her “Cowboy”, and that all outrageous acts by BARRIE were after the house fire and extreme depression, PTSD (post traumatic stress disorder) and bi-polar mental disorders of extreme; BARRIE has since December 27, 2011 stated that she over a year before set up her own bank account for “converting”(stealing) some “community income” each month for herself alone, has stated to DAVID in January, 2012 that “I am not who you think I am”, and that she had been in conspiracy with ALAIN, JERRY AND WARREN and others to get rid of DAVID, and had secretly discussed unethically and immorally all financial and other marital private issues with her bosses, friends and others behind her husband’s back, while deceiving DAVID that the marriage love and loyalty was intact at all times until December 27, 2011.

83) BARRIE, ALAIN, JERRY AND WARREN have done all acts in conspiracy with BARRIE to stop and deprive any and all possible income for DAVID, including but not limited to deprivation of “community income” that paid rent, stopping the electricity by refusal to pay PNM, stealing DAVID’S tools and equipment, depriving the ability to hunt and conduct any activities with clients and other means of destruction of the life of DAVID wherein DAVID cannot even afford fuel for transportation or food or water for himself or the animals, and is scrambling each day to simply “survive” mentally and physically.

WHEREFORE, the Plaintiff claims $55,000.00 in actual material damages, will discover and prove tens of thousands of money conversion in court litigation, deprivation of sustenance and income possibilities, and the conspiracy with all Defendants ALAIN, JERRY AND WARREN, and likely other third parties, and claims court costs and any and all other remedy that the court deems just and proper.

Count 7-Breach of Contract

84) Plaintiff adopts and incorporates by reference herein paragraphs 1-58 of the Complaint as if set forth in full.

85) The marriage of BARRIE and DAVID on January 15, 2010 entailed not only a moral and ethical life long commitment to each other, particularly with the underlying incurable venereal disease BARRIE transmitted to DAVID without prior notice, but legal boundaries and duties to each other under a legal and binding marital contract, and the legal “community estate” wherein all income from both parties is owned and dispersed “jointly” without any partner being allowed to gain separate residence without the agreement and use by the other party; without either party to embezzle or “convert” money or tangible property to only themselves behind the back and unknown to the other partner; and to maintain all “community debt”, livelihood of animals, legal registration and insurance on vehicles and multiple other “marriage duties”.

86) At all times during the Derringer marriage, DAVID believed that his wife was honest, trustworthy, and had total commitment to the marriage, her husband and the lives of the animals both adored.

87) On December 23, 2011 the house that the Derringers were purchasing was destroyed by fire from an unknown arsonist, and five of the Derringer dogs were killed, rendering the Derringer family and marriage in an extreme emergency, wherein by both marital duty and law BARRIE was bound to help her husband in the aftermath of the disaster, render both emotional and moral support, physical support, financial support, and to work with her husband for both mental and financial and residential recovery for both partners.

88) Instead, BARRIE deserted her husband on December 27, 2011, driving away stating that “I am not loyal”, leaving DAVID by himself to do search and rescue for dog bodies, repairing trucks, and attempting to recover in the aftermath of the disaster, while BARRIE set about in conspiracy with others to divorce and ruin the life of DAVID and the animals, take all “community monies”, empty bank accounts, find her own separate residence without her husband mis-using “community money”, steal the remaining property, and do criminal acts, perjury, fraud and deception to her husband, while DAVID continued to love and attempt to protect his wife, their family and work with BARRIE in any way for their best interest as a married couple.

89) On or about January, 2012, BARRIE sought and gained a new residence with use of “converted” and “community income” monies without the authorization or knowledge of premises by DAVID, and denied husband DAVID any access to this residence, or input as to the costs or ramifications that BARRIE used monies needed for Derringer family bills, animals expenses, automobile expenses, and clean up and recovery from the fire disaster, with BARRIE simply taking all “community income” and bank account monies for only herself, making extreme and unknown purchases of “community property” for this new residence without consent by her husband by abandoning all legal, ethical and moral duties as a wife and legal marriage partner, and then lied, defrauded and deceived both DAVID and the courts to gain a “no-contact” order wherein BARRIE did not have to have discussions or contact with DAVID and wherein she could fraudulently get away with all money, possessions, and ignore and discharge all duties as a wife and marriage partner against the best interests of both DAVID and BARRIE, and then the criminal “abandonment” and “abuse” of the Derringer animals that needed food and water with that mis-used “community income”.

90) All of these acts by BARRIE were in conspiracy and fraud in connection with the bad and illegal advise by ALAIN, JERRY AND WARREN legally breached the “legal contract” of marriage of which BARRIE, ALAIN, JERRY AND WARREN are all liable.

WHEREFORE, the Plaintiff claims $1,000,000.00 in damages from each Defendant both jointly and severally, court costs and any and all other remedy that the court deems just and proper.

Count 8-Loss of Consortium, Alienation of Affection, Interference with a Legal Marriage, Emotional Distress and Mental Anguish

91) Plaintiff adopts and incorporates by reference herein paragraphs 1-65 of the Complaint as if set forth in full.

92) After BARRIE left DAVID without reasoning or cause on December 27, 2011, during the month of January, 2012, David Derringer attempted to put the marriage relationship back together, but found his wife becoming increasingly mentally unstable due to her bi-polar condition and possible returning to illegal drugs of cocaine, marijuana, alcohol and other controlled substance as had been used by wife Barrie Derringer before marriage with David Derringer.

93) At all times from December 27, 2011, DAVID has been in extreme emotional distress and mental anguish that his wife would betray and deceive him in such a diabolical manner, destroy the marriage, ruin both lives of the partners, cause the death and misery of the animals, endanger herself with taking loaded firearms when suicidal, do irrational acts with her bi-polar personality at extreme risk, and DAVID constantly worries of the mental health, emotional stability, physical safety, addictions of illegal drug uses, overdose of BARRIE’S “multiple codeine” prescribed medications as did fighter “Tapia”, BARRIE’S bad company of gangs of friends that are illegal and unscrupulous, worry of BARRIE infecting the public with her venereal disease wherein another man would beat or kill her, and multiple other factions involving the love and protection of this woman that DAVID gave both marriage vows to, and an additional promise in January, 2012 that he would stand by his wife under any circumstances until she recovered from the extreme PTSD and mental breakdown she was having after the fire.

94) In January 2012 phone Sprint text DAVID wrote to BARRIE that “I gathered you are staying with Carol and are back into your string of fiends when with Charlie and wonder even if you are having contact with Charlie. You are so erratic at this time and impressionable and vulnerable I hope you don’t get drawn into their wild life of drugs and cocaine you had told me about. I find out anyone has got my wife to try drugs again or hurt you or I find Chalrlie has been around you, they will answer to this Cowboy”, and BARRIE totally disregarded the worry, protection and total love from her husband for her best interest, and stated in court that DAVID had threatened her friends, clearly choosing the bad cocaine drug life style and rough biker life style and controlling parents and employers over her devoted “straight” husband.

95) At all times from first meeting JERRY AND WARREN, they have sabotaged the relationship and marriage of the Derringers, defamed, and slandered DAVID, pried into financial, personal and intimate matters that are none of their business of the Derringer marriage, even harassed DAVID while he was eating his Thanksgiving dinner, and yet out of respect for his wife, DAVID never at any time talked back, or disrespected BARRIE’S parents JERRY AND WARREN, even when they used their emotional blackmail, conspiracy, and control of their daughter to unduly influence decisions by BARRIE culminating in the alienation of affection against DAVID, causing the loss of consortium of BARRIE as DAVID’S wife, lover, best friend, business and personal partner, marriage partner, activity partner, emotional reservoir, and other intimate and affectional losses suffered by DAVID by BARRIE when she had been convinced by the other Defendants, other past friends, family and bosses to choose to betray her husband, disregard vows, duties and obligations, destroy the “life long commitment” encompassing the venereal infection disease of both BARRIE and DAVID of Herpes III that is incurable, and other matter of extreme distress.

96) When BARRIE was suicidal and left for three days in November, 2010, DAVID called and left a phone message for JERRY AND WARREN that their daughter, DAVID’S wife BARRIE, was suicidal and that DAVID was extremely worried about her life and safety, and JERRY AND WARREN were so disrespectful of their own son-in-law that they failed and refused to even return the phone call, and waited until Thanksgiving 2011, a year later to even apologize for not calling, and then harassed DAVID’S eating the entire Thanksgiving meal, showing no care worry or concern of BARRIE’S life or safety, or respect for their own daughter that shows DAVID has undeniably more love for this woman than even her own parents.

97) Only minutes before the hearing on February 21, 2012 for the fraudulent “Petition for Order of Protection” brought in perjury and fraud by BARRIE with bad advise and legal unlawfulness by ALAIN, JERRY AND WARREN, that when asked by DAVID, ALAIN admitted“YES” I see it very possible to heal and save this marriage with BARRIE”, of which then DAVID replied, “Then tell BARRIE that we will do anything necessary to save our marriage”, and then immediately in the hearing and at all times thereafter ALAIN sought to compromise and further speed the alienation of BARRIE against DAVID, and defeated any possibility of reconciliation, and set with the other Defendants on a course to continue to persuade, instill and coerce BARRIE to do illegal acts, attack her husband, alienate her affections, cause the loss of consortium and destroy and interfere with the legal Derringer marriage for the end result to destroy the life, income, residence, animals, personality and mental capacity of DAVID with knowledge that at all times DAVID was in total love and devoted to his wife BARRIE and tried to do anything to make her happy, despite DAVID having not done anything wrong to his wife to bring about this betrayal and separation.

WHEREFORE, the Plaintiff claims $1,000,000.00 in damages from each Defendant both jointly and severally, court costs and any and all other remedy that the court deems just and proper.

Count 9-Conspiracy

98) Plaintiff adopts and incorporates by reference herein paragraphs 1-72 of the Complaint as if set forth in full.

99) On or before January, 2012, Defendants BARRIE, ALAIN, JERRY AND WARREN entered into a Conspiracy with DAVID’S wife BARRIE, whom had decided for whatever reasons and without any just cause at all, or under the pressure coercion and control of others to divorce David Derringer, destroy the Derringer marriage and do all in their power to destroy DAVID’S life, mental and emotional health, physical health, financial ability or survival and to kill and destroy everything that means anything to DAVID to include his animals, personal property, and love for his wife BARRIE.

100) The conspiracy was also to defeat the best interest of BARRIE to void and prevent any care, safety and protection that her husband had and would always ensure his wife’s safety by even giving his own life to protect her under the most egregious of circumstances and stand by her under any conditions, as the love from DAVID is the best love ever obtained by BARRIE in her life.

101) The conspiracy of the Defendants was also make to defraud the courts, mis-use the domestic courts, and the entire judicial system and to defeat the NM laws and Legislature to circumvent and destroy the civil law of NMSA 45-2-804, other civil laws and the criminal code of New Mexico meant to prevent perjury, fraud, abuse of animals, and other matters of criminal battery and to defeat the safety of the public to allow BARRIE to infect other parties with a venereal disease without redress.

WHEREFORE the Plaintiff is due $100,000.00 in damages, and an amount of three times that amount for criminal acts of conspiracy meant not only to defeat DAVID, but disrupt the entire system of American Government to deceive and defraud both the Plaintiff and the State of New Mexico, court costs and any and all other relief that is deemed just and proper, to include, but not limited to Order to law enforcement to investigate and prosecute the Defendants for this conspiracy, and other applicable criminal code of New Mexico.

Count 10-Punitive Damages

77. Plaintiff adopts and incorporates by reference herein paragraphs 1-76 of the Complaint as if set forth in full.

78. Plaintiff claims all punitive damages as set forth above to stop the instant criminal conduct and torts of the Defendants, and to set precedent for others in the future similarly situated to stop the same or similar acts against others in the Plaintiff’s position.

WHEREFORE the Plaintiff claims all punitive damages in each of the above counts in the amounts and multiples as stated above.

Count 11-Prima Facie Tort

79. If the acts of the Defendants have been lawful, those acts also have been intentional acts.

80. 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.

81. The Defendants had no justification or insufficient justification for taking these acts.

82. The conduct of the Defendants was done with malicious intent, and in willful and in reckless disregard of the rights of the Plaintiff.

83. All attempts to resolve these issues has been met with violence, criminal acts, and deprivations without conscience.

WHEREFORE the Plaintiff requests that this Court enter judgment against the Defendants of all counts for damages claimed and in amounts secured by facts and law to be proved at trial, sanctions and punitive damages that are indicated, and such other and further relief as the Court deems just and proper.

Respectfully submitted by: ______________________________________

David Derringer Pro-Se Box 7431, Albuquerque, New Mexico 87194

VERIFICATION

STATE OF NEW MEXICO )

) ss.

COUNTY OF BERNALILLO )

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 December 21, 2012 by David Derringer.

(Seal)

My Commission Expires:

_________ ________________________

NOTARY PUBLIC