STATE OF NEW MEXICO
COUNTY
OF BERNALILLO
SECOND
JUDICIAL DISTRICT COURT
BARRIE
LEE DERRINGER, No.
DM-12-0610
Petitioner, rel.
DV-12-234
v.
DAVID
BRIAN DERRINGER,
Respondent,
NOTICE
OF IMPOSSIBILITY OF COMPLIANCE WITH THE UNLAWFUL ORDER OF FEBRUARY 8, 2013 WITH
IRRATIONAL “CRUEL AND UNUSUAL” ATTACK AND PUNISHMENT OF THE RESPONDENT UNDER
VIOLATIONS OF THE 13TH AMENDMENT BY JUDGE HADFIELD AND IN VIOLATION
OF RULE ENABLING “BOND” BY STAY PENDING APPEAL OF N.M CT. APP. No. 32, 587 AND AS THE NOVEMBER 15,
2012 FINAL JUDGEMENT IS FRAUD AND UNENFORCEABLE AND CONTRADICTORY AS WRITTEN
COMES
NOW, the Respondent David Derringer with notice to this court as stated above.
Judge
Hadfield is totally aware that 1. The Final Judgment of November
15, 2013 “steals” in criminal larceny over $20,000.00 from Respondent David
Derringer of “community income” that Judge Hadfield allows Barrie Derringer to
unlawfully keep in violations of laws. 2. Judge Hadfield steals
in criminal larceny another $7,000.00 of Respondent’s sole and separate
inheritance monies that was paid to IRS for wife Barrie Derringer in
pre-marriage debt that must be reimbursed. 3. Judge Hadfield
steals another $2,500.00 of “community income” payments during the marriage
from Respondent David Derringer in $100
per month payments for Barrie Derringer additional pre-marriage IRS debt.
4. Judge Hadfield steals another $12,000.00 in larceny of Respondent’s
sole and separate inheritance funds spent on $7,000.00 down payment on the 2005
Chevy truck of community property with yet another $5,000.00 of payments made
by David Derringer’s sole and separate inheritance funds, and wherein David
Derringer is the primary loan holder of the Chevy with Barrie Derringer
being only a “co-signer” of the loan,
and 5. The irrational inconsistencies of the Final
Judgment of November 15, 2013 making that Order totally not enforceable under
NMRA Rule 60 and in fact
currently on appeal as NM Ct. App. No. 32,587.
Because
David Derringer filed a proper and distinct “tort” suit against Barrie
Derringer aka Barrie Crowe et al. CV-12-10816, in retaliation and retribution
of the “unwarranted ‘hatred’” of Barrie Derringer and Judge Hadfield toward the
Respondent for cause only that David Derringer has “defended himself” from the
criminal onslaught from the corruption of Judge Hadfield and the unfounded
criminal and unethical diabolical acts by Barrie Derringer against a husband
that only loved her, the “TEAM” of Judge Hadfield and Barrie Derringer seek to
destroy the Respondent at any costs.
The
respondent has an undeniable right by “Rule” to obtain a “stay pending appeal”
of an Order of November 15, 2012 that violates Rule 60 and is unenforceable
under all law. However, the Petitioner’s retaliation of CV-12-10816 produced a
“malicious prosecution” act of filing without substance an “order to show
cause” that was intent on destruction of David Derringer and undeniably to use
the hatred of Judge Hadfield to attempt to put David Derringer unlawfully in
jail to “shut him up” of disclosing the public corruption of Judge Hadfield and
Barrie Derringer on the Internet for the world to see what is happening here.
Judge Hadfield ruled on February 8, 2013 that David Derringer had a right to a
“bond” for a stay pending appeal and yet set up a hearing date in later March,
2013 that would entail a hearing on “contempt” if such a bond was not secured
by March 11, 2013. Judge Hadfield is well aware that she has destroyed any
ability of David Derringer to make any income as his profession of outfitter/hunter
NM Game and Fish #32 by illegally taking 2nd Amendment
Constitutional rights without cause or due process in sedition and treason
against oath and America, and that David Derringer’s thus only income is that
of “disability” of only $700.00 per month due to cancer, and Judge Hadfield has
already stolen in larceny with Barrie Derringer all of the Derringer community
income and savings of the Derringers as well as stolen all remaining of David
Derringer’s sole and separate inheritance, making David Derringer both homeless
and destitute. In attempts for compliance with the corruptive order of February
8, 2013 done outside of jurisdiction when the entire matter was already on
appeal No. 32,587 as well as in “malicious prosecution” of retaliation without
legal ability, David Derringer sought “bond” with several agencies including
Mario Vallejos Bond Company, Lopez Bail
Bonds and others, in which they all were “DENIED” ability to provide a bond for
Respondent David Derringer under DM-12-610 with these companies actually
calling and talking to the court, because the Court “refused” to allow a
“bond” and mandated that David Derringer produce only “cash” money in the
amount of $22,000.00. Clearly, Judge Hadfield both violates the Rule allowing
David Derringer to obtain a “bond” for a stay pending appeal, and instead
forces David Derringer in criminal extortion to produce the full amount of the
excess value of the Chevrolet and the ordered sanctions of attorney fees that
David Derringer has already paid by “community income” disregarded by Judge
Hadfield, showing a violence, hatred and “MENTAL INSTABILITY” of Judge Hadfield
with “knowledge” that only Bill Gates, President Obama or other “millionaires”
would have $22,000.00 “cash” with which to draw upon in a few weeks time, and
certainly a homeless Respondent with only $700 per month could not possibly
come up with that kind of money without no ability to obtain a “bond”. This
irrational and criminal behavior of Judge Hadfield is simply to allow Barrie
Derringer to steal a Chevy truck from the primary loan holder, disregard the
$12,000.00 equity of sole inheritance David Derringer has in this vehicle and
attempt to “jail” David Derringer illegally in “contempt” in order to stop due
process and equal protection, persecute and destroy David Derringer’s life,
steal money and property from David Derringer and attempt to stop due process
and equal protection by extortion and mis-use of power to somehow muzzle David
Derringer before the appeal is complete. How insane is a Judge to use such
hatred for a litigant requiring
$22,000.00 “cash” with no availability of “bond” in order to attempt to force
through the illegal stealing of money and property for Barrie Derringer before
a legal appeal, and how insane and demented is Barrie Derringer’s mind to
attack a husband that only loved her with such a hatred unfounded with acts to
destroy the life of David Derringer and the Derringer animals. Jones ET UX v. Alfred H. Mayer Co. ET AL,
certiorari to the United States Court of Appeals for the Eighth Circuit, No.
645 ABecause
the Thirteenth Amendment >is
not a mere prohibition of State laws establishing or upholding slavery, but an
absolute declaration that slavery or involuntary servitude shall not exist in
any part of the United States=,
Civil Rights Cases, 109 US 3, 20, it has never been doubted >that the power vested in Congress to
enforce the article by appropriate legislation,=ibid,
includes the power to enact laws >operating
upon the acts of individuals, whether sanctioned by State legislation or not=. Id, at 23. See Clyatt v. United States, 197 US 207 P.438.@
Judge
Hadfield has orchestrated the mis-use of the court with no possible ability of compliance
by the Respondent in evil intent to attempt to “stop all due process” and to
stop the legal appeals as was the request of the Petitioner on February 8,
2013, and mis-uses her wrath to attack a litigant that exposes Judge
Hadfield’s corruption “world wide”; as it should be known by all. Judge
Hadfield simply “enslaves” the respondent in violations of all law. Jones v. Mayer Co., U.S. Supreme
Court 392 U.S. 409 No. 645 (1968) ANeither
slavery nor involuntary servitude, except as a punishment for crime whereof the
party shall have been duly convicted, shall exist within the United States, or
any place subject to their jurisdiction.@
Since
there is no ability to gain “bond” as prescribed pending appeal, and that
“ruse” of the court was simply additional “persecution and cruel and unusual
punishment” in violation of the 13th Amendment. ongoing with the Constitutional deprivations
against the Respondent with forcing continuously David Derringer before a
biased, prejudiced and unscrupulous judge that absolutely refuses to “recuse
for cause”. United States v. Guest,
383 US 745 (1966); Griffin v.
Breckenridge, 403 US 88 (1971) Footnote[ 101] 383 US 787 (1966)
due process clause, Footnote [102] equal protection clause, Footnote [103] Sec.
5 empowers Congress to enact laws punishing all conspiracies to interfere with
the exercise of Fourteenth Amendment Rights, whether or not state officers or
others acting under the color of state law are implicated in the conspiracy.@
The
Respondent is currently continuing to file “Civil Rights” federal actions
against JUDGE ALISA HADFIELD as an individual, COMMISSIONER COSGROVE/AGUILAR as
an individual, ALAIN JACKSON as an individual, BARRIE DERRINGER aka BARRIE
CROWE aka BARRIE BEVERLEY, JERRY CROWE, and WARREN CROWE in the 10th
Circuit Federal Court and will seek $50,000,000.00 in damages from each Defendant
in the CIVIL RIGHTS COMPLAINT PURSUANT TO VIOLATIONS OF TITLE 42 SECTION
1981(a) EQUAL RIGHT UNDER LAW; VIOLATIONS OF TITLE 42 SECTION 1982 PRIVATE
PROPERTY RIGHTS; VIOLATIONS OF TITLE 42 SECTION 1983 CIVIL ACTION FOR
DEPRIVATION OF RIGHTS; VIOLATIONS OF TITLE 42 SECTION 1985(2)(3) (WITH
UNDERLYING CRIMINAL ACTS OF TITLE 18 SECTIONS 241, 242) CONSPIRACY TO INTERFERE
WITH CIVIL RIGHTS; VIOLATIONS OF TITLE 42 SECTION 1986 ACTION FOR NEGLECT TO
PREVENT, VIOLATIONS OF TITLE 28 SECTIONS 453, 455; AND DEPRIVATIONS OF
CONSTITUTIONAL RIGHTS UNDER THE 2ND, 5TH, AND 14TH
AMENDMENTS WITH SEDITION AND TREASON UNDER THE 14TH AMENDMENT
SECTION 3; AND DAMAGES. Oliver
v. Foster, DC Tes. 1981 524 F. Supp. 927 AProvisions
do not limit amount of punitive damages recoverable.@ If either Judge Hadfield or Barrie Derringer
seeks to know the content of this upcoming federal suit before served, they can
view its entirety as an “exhibit” to the filed “Extreme Emergency Motion By
Appellant David Derringer to stop the underlying corruption of Judge Hadfield
in the trial court DM-12-610 without jurisdiction, attempting to stop the
appeal of No. 32,587 and illegally jail and ruin the life of David Derringer
before the appeal is complete, and any other justice available by Order of the
NM Court of Appeals”. Hughes v. Dyer, DC Mo.
1974, 378 F. Supp. 1305 APlaintiffs
in Civil Rights actions are entitled to compensatory damages for humiliation,
emotional distress, and deprivation of their Civil Rights.@
Judge
Hadfield knew and orchestrated the deprivation and acts against law against
David Derringer of taking 2nd Amendment rights, and has no “judicial
immunity” for the hatred exemplified by this court well outside of jurisdiction
and judicial capacity. Judge Hadfield is simply a “criminal sitting on the
bench” doing extreme damages to all that come before her with no conscience or law upheld.
David Derringer until his death will continue to expose these and other
unlawful acts to the world, and indeed has no legal recourse but to continue to
expose these and other unlawful activities until some element of the Government
takes corrective action. Prei, Inc. v. Columbia Pictures
508 U.S. 49, 113 S.Ct. 1920, 1925, 123 L. Ed. 2d 611 (1993). Already, the NM
Supreme Court knows of the Constitutional deprivations and corruption of Judge
Hadfield and has no concern for the citizens of New Mexico; President Obama,
the FBI, Department of Justice and Governor Martinez have been notified, and
this entire matter is exposed to the world on the Internet, and now it is a
matter of time before the “corruption must be stopped”. Mandating a citizen on
“disability income” to come up with $22,000.00 so as to stop appeals, steal
tens of thousands of dollars and property for Barrie Derringer’s mental
instability defines the corruption ongoing in some circles of the New Mexico
family court system in the United States of America. David Derringer will
expose this until Judge Hadfield finally kills the Respondent.
The
current egregious circumstances of the presiding Judge Hadfield violated
entirely both due process and is a conspiracy under Civil Rights 13.4(4)
Conspiracy 7.5 State and federal
officers are liable under US Code Title 42 Sections 1983 and 1985(2) when they
conspire based on fabricated evidence or false, distorted, perjury in testimony
presented to official bodies and use such distortion to take rights from
citizens. Flores v, Danfelser,
985 P.2d 173, 127 N.M. 571, 1999-NMCA-091 ATwo-part
test is applied in ascertaining whether or not a 1983 claim overcomes a defense
of qualified immunity: first, the court makes purely legal inquiry as to
whether the plaintiff has alleged a violation of a clearly established
constitutional right, and second, the court inquires whether the existence of
the legal right was clearly established when the alleged violation occurred. 42
U.S.C. Section 1983.@
Notice is of public record and for
appeal purposes what is actually happening here. It is undetermined how Barrie
Derringer can live with her own acts to destroy a husband that only loved her,
and the love that they had between them. Silva v. Town of Springer,
912, P.2d 304, 121 N.M. 428 1996 NMCA O22 cert denied 911 P.2D 883, 121 N.M.
375 cert denied 913 P.2d 251, 121 N.M. 444 N.M. App. 1996 Public official as a
reasonable person would have known that his or her conduct was violating that
clearly established right. United States v. Guest, 383 US
745 (1966); Griffin v. Breckenridge, 403 US 88 (1971)
Footnote[ 101] 383 US 787 (1966) due process clause, Footnote [102] equal protection
clause, Footnote [103] Sec. 5 empowers Congress to enact laws punishing all
conspiracies to interfere with the exercise of Fourteenth Amendment Rights,
whether or not state officers or others acting under the color of state law are
implicated in the conspiracy.”; Federalist No. 47 by James Madison,
“The accumulation of all powers, legislative, executive, and judiciary, in the
same hands, whether of one, a few, or many, and whether hereditary,
self-appointed, or elective, may justly be pronounced the very definition of
tyranny.. In order to form correct ideas on this important subject it will be
proper to investigate the sense in which the preservation of liberty requires
that the three great departments of power should be separate and distinct.”
Respectfully
submitted by ____________________________________________
Respondent
David Derringer, Box 7431, Albuquerque, New Mexico 87194
CERTIFICATE
OF SERVICE March
11, 2013
I
hereby certify that I hand delivered a copy of this pleading to the Second Judicial
District Court on 400 Lomas NW, Albuquerque, New Mexico.
This
date, I mailed a copy of this pleading to:
Petitioner’s
attorney
Alain
Jackson, 423 6th St. NW
Albuquerque,
New Mexico 87102
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