STATE OF NEW MEXICO
IN THE SECOND JUDICIAL DISTRICT COURT
DAVID DERRINGER
Plaintiff,
No. ________________
v.
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 1ST 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 6th St. NW 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
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
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 1st 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 1st 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 1st 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 2nd 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 1st 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 14th 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
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 4th 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 1st 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
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 1st 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 2nd 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 4th 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
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
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
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
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
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.
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
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