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v
City of Augusta Maine
VERIFIED AMENDED
COMPLAINT
Violation of
42 USC 3617,
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William Bridgeo
in his individual and official capacities as
Manager for City of Augusta, and as a
government agent for State of Maine
Judicial Branch, and
Matt Nazar
in his individual and official capacities as
Director of Development Services for City
of Augusta and as a government agent for
State of Maine Judicial Branch, and
Gregory Roy
in his individual and official capacities as the
owner and landlord for 32 Court Street, and
as a government agent for City of Augusta, City
of Augusta Police Department, and the State
of Maine Judicial Branch
Defendants
GinA files this Verified Amended Complaint which provides a wealth of facts,
direct and indirect prima facie and circumstantial evidence of a premeditated, longlived and continuing conspiracy against GinA starting in November 2009 among
countless government agents of the State of Maine, City of Augusta Maine, City of
Augusta Police Department and All_Police Officers, William Stokes, Matthew
Pouliot, William Bridgeo, Matt Nazar, Gregory Roy, Royce Watson (who will be
dealt with in a separate complaint), Ray Corporation (who will be dealt with in a
separate complaint), as well as Leigh Saufley, Donald Alexander, Joseph Jabar,
Robert Mullen, Michaela Murphy and Valerie Stanfill who are all named as
Defendants in companion case 1:16-cv-00095-NT, which is currently being amended
and will be filed by April 20, 2016 at 11:59pm via Electronic Court Filing.
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(126th) for part of District 86 including 32 Court Street, all of Perham Street, 14
Winthrop Court (which was Matthew Pouliots personal home during most of these
events and which is now owned by Matthew Pouliots real estate agency Alliance
Properties LLC with a parcel summary value of $99,000.00) and 99 Winthrop Street
(which is Matthew Pouliots current personal home as of June 2015 which he bought
for $77,000.00 with a clear title, a recorded land patent and historical designation),
(2) Vice Chair of the City of Augusta Planning Board from 2011 through 2014, (3)
Board Director for Augusta Housing Services Corporation (a 501(c)(3) agency
created by Augusta Housing Authority which has more than $300,000.00 assets), (4)
a licensed realtor, (5) as a viable candidate for re-election to the State House of
Representatives (127th) for part of District 86 , and (6) an individual.
GinAs federal constitutional, civil and fair housing rights have been grossly
violated based on one or many discriminatory reasons, because she is (1) female, (2)
disabled, (3) low income, and (4) a member of a protected homeless class in Maine.
GinA respectfully moves this court to order declaratory, monetary, injunctive
and equitable relief for Defendants premeditated conspiracy in their individual and
official capacities as public servants and government agents for the State of Maine
Judicial Branch and City of Augusta as well as all proper punitive damages.
Each and every Defendant, individually and jointly, conspired to violate and
did in fact violate GinAs federal civil rights as a disabled low income homeless
woman under color of state laws as described in this complaint to have equal rights
to speak, to not speak, to be heard, to make fair terms and enforce rental contracts
for her constitutionally protected property interest in Unit 1 at 32 Court Street
Augusta, to have equal access to public information about 32 Court Street that
directly impacts her life, liberty and pursuit of happiness, to have peaceful
enjoyment of her home at 239 Cony Street, 3 Washington Street Place, and 32 Court
Street, to be free from governmental intrusions on her right to exchange
information, to be free from being forced to testify at fraudulent eviction trials
enforced by courts and public servants who would be acting in a complete absence of
all jurisdiction, and to enjoy full and equal benefit of all laws and proceedings for
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the security of GinAs person and property as a disabled, low income homeless white
woman, inter alia, for purposes of Defendants concealing their official public acts as
GinA aptly alleged and supported by public records referenced in the companion
case 1:16-cv-00095-NT, GinA v. Leigh Saufley for construction of a Capital Judicial
Center and its parking lots at 32 Court Street, Augusta.
All Defendants named herein knew or had reason to know that Leigh Saufley
et al would be acting in complete absence of all jurisdiction during all judicial
proceedings for all evictions at 32 Court Street in August, September and October
2014 as alleged in the companion case 1:16-cv-00095-NT, GinA v. Leigh Saufley for
purposes of razing 32 Court Street to build a parking lot for the Capital Judicial
Center at GinAs and Maine taxpayers expense.
I.
GinA claims federal jurisdiction under 42 USC 3613(a) for gross punitive
interference with her fair housing rights under Title VIII of the Civil Rights Act of
1968 (Fair Housing Act) as amended by the Fair Housing Amendments Act of 1988.
GinA claims federal jurisdiction under 28 USC 1331, 28 USC 1343, 42
USC 3617 and Article III 2 which extends jurisdiction to all civil actions arising
under the Constitution, laws or treaties of the United States.
Declaratory and other proper relief is authorized by 28 USC 2201 and
2202 and 42 USC 3613(c).
Venue is proper in the District of Maine under 28 USC 1391(b).
All Defendants are located and residing in Maine, and all events, actions and
omissions giving rise to this claim occurred in Maine.
II.
STATUTORY AUTHORITY
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impacts her life, liberty and pursuit of happiness, to have peaceful enjoyment of her
homes at 239 Cony Street, 3 Washington Street Place, and 32 Court Street, to be
free from government intrusions of her right to exchange information, to be free
from threat of a fraudulent eviction trials enforced by courts and judicial servants
who would be acting in complete absence of all jurisdiction, and to enjoy full and
equal benefit of all laws and proceedings for the security of GinAs person and
property, inter alia.
GinA sues Defendants for their wrongful acts committed in their official
capacities as public servants and administrative agents for judicial servants during
performance of official public duties for the State of Maine Judicial Branch, Chief
Justice Leigh Saufley, and Justice Joseph Jabar which led to the Maine
Governmental Facilities Authority recording legal title to 32 Court Street Augusta
on October 29, 2014 on behalf of the Maine Judicial Branch and benefiting Greg Roy
in an amount exceeding $140,000.00 of Maine taxpayers money.
III.
PARTIES
GinA
GinA is known to be a member of four classes of protected people in Maine:
(1) female, (2) low income, (3) disabled, and (4) homeless pursuant to 17-A MRSA
1151, sub-8, B, as enacted by PL 1995, c. 149, 1, effective August 23, 2006.
GinA is known to be a woman with permanent disabilities who has paid into
the Social Security system which qualifies her to receive monthly Social Security
Disability Insurance payments.
GinA is known to be a member of the low income community as evidenced by
her eligibility for and receipt of Medicare, MaineCare, SNAP and LIHEAP benefits.
GinA always pays her own full housing costs from federal disability benefits.
GinA has a history of being homeless and was known to be homeless from (1)
March 3, 2012 until January 13, 2013 and (2) October 16, 2013 until January 22,
2014, (3) September 26, 2014 through November 11, 2014.
GinA is currently living in a single family log cabin at 2528 West River Road,
Town of Sidney, County of Kennebec, Maine which is not suitable to be rented as a
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legal residential rental unit because the dwelling requires significant improvements
and safety repairs.
GinA has not engaged in any prohibited acts that would disqualify her from
exercising all of her rights under 42 USC 3604(f) and all other relevant laws.
GinA lived at Unit 1, 32 Court Street, City of Augusta, County of Kennebec,
Maine from January 22, 2014 through September 26, 2014 directly resulting from
Defendants premeditated conspiracy to allow tenant occupancy for only eight
months without proper public and private warnings or FOAA disclosures.
City of Augusta
City of Augusta is a municipality and a body corporate and politic with an
address of 1 Cony Street, City of Augusta, County of Kennebec.
City of Augusta Police Department
City of Augusta Police Department is a body corporate and politic with an
address of 33 Union Street, City of Augusta, County of Kennebec.
City of Augusta Police All_Police
City of Augusta Police All_Police includes all individuals who have ever
responded in their official capacity as a police officer to a call involving GinA.
William Stokes
William Stokes was employed as Mayor of City of Augusta at the same time
he was employed as Chief Deputy Attorney General, Criminal Division, for the
Office of Maine Attorney General, resigning from both roles on July 31, 2014 for a
judicial promotion.
William Stokes presides over cases as a superior court judge at the Capital
Judicial Center, 1 Court Street, Augusta after being nominated on May 7, 2014 and
confirmed on July 31, 2014.
William Bridgeo
William Bridgeo is employed as Manager of City of Augusta, 1 Cony Street,
Augusta, County of Kennebec. William Bridgeo was appointed as City Manager by
the Augusta City Council in April of 1998 to serve as the chief executive officer and
purchasing agent of City of Augusta, exercise control over all departments and
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divisions, make employee appointments and removals, and keep the City Council
fully advised as to the business, financial condition and future needs of the City of
Augusta, inter alia.
Matt Nazar
Matt Nazar is employed as Director of Development Services, City of
Augusta, 1 Cony Street, City of Augusta, County of Kennebec.
Matthew Pouliot
Matthew Pouliot is a member of the 126th and 127th Maine Legislature
representing District 86, part of Augusta including 32 Court Street.
Gregory Roy
Gregory Roy lives at 389 Costello Road, City of Gardiner, County of
Kennebec.
Gregory Roy is a licensed real estate associate broker who owned and acted
as a landlord and construction expert for 32 Court Street, City of Augusta, County
of Kennebec.
City of Augusta, Stokes and Bridgeo oversee all activities of Nazar as the
Director of Development Services who directs Code Enforcement Bureau, Economic
and Community Development, Engineering Bureau, Facilities and Systems Bureau,
and Planning Bureau as well as the City of Augusta Police Department and
All_Police officers.
City of Augusta, Stokes, and Bridgeo are jointly officially responsible for all
official actions taken by the City of Augusta Police Department and All_Police
officers as well as all code enforcement officers in their official activities while
performing all law enforcement duties and life safety code inspections, issuing
building permits, ensuring that only licensed experts make certain critical repairs,
approving repairs, ensuring the safety, health and welfare of occupants, taking
administrative or legal action on behalf of the public to force building owners to
make certain repairs in compliance with life safety codes, and to prohibit occupancy
from all unsafe or unfit residential buildings, inter alia.
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City of Augusta, Stokes, Bridgeo and Nazar are jointly officially responsible
for all official actions performed by Keith Luke, Deputy Director of Development
Services, who directly communicated with Greg Roy about City of Augustas offer to
purchase 32 Court Street on behalf of Maine Governmental Facilities Authority and
Maine Judicial Branch to build the courthouse parking lot.
Greg Roy is a Maine licensed real estate broker who is educated and trained
to protect the public from all unsafe, hazardous and unfit properties and who
personally owned and acted as landlord and real estate broker for 32 Court Street
Augusta.
Greg Roy was quoted in a January 27, 2013 Kennebec Journal article saying
the courthouse construction project was making the living conditions unhappy at
32 Court Street and his former tenant Shannon Perkins publicly described living
conditions as insanely noisy due to the constant racket of the nearby courthouse
construction project.
Nazar authorized his code enforcement officer to shut down 32 Court Street
in March 2013 after telling Greg Roy the property was unfit to be occupied and all
occupancy was prohibited until he made certain repairs and improvements in
compliance with life safety codes.
Nazar formally approved an occupancy permit for Unit 1, 32 Court Street in
January 2014 after Greg Roy made certain repairs and improvements.
Nazars issuance of an occupancy permit for Unit 1, 32 Court Street caused
Greg Roy to post public rental advertisements which prompted GinA to answer the
rental ad by email on January 8, 2014.
Greg Roy and GinA viewed Unit 1 at 32 Court Street together on January 11,
2014 with a neutral witness at which time GinA expressly specified that she was
homeless and was requesting a long-term rental contract exceeding 5 years.
Nazars code enforcement officer spoke with GinA on January 13, 2014 via
email and telephone regarding GinA applying to live at Unit 1, 32 Court Street at
which time GinA was given official approval by the code enforcement officer that
Unit 1, 32 Court Street was safe, decent and approved to be occupied.
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Nazars code enforcement officer failed to inform GinA on January 13, 2014
that Defendants intended to raze the property for a courthouse parking lot.
Nazars code enforcement officers official approval that Unit 1, 32 Court
Street was safe, decent and approved to be occupied directly caused GinA to
communicate and sign a rental contract with Defendant Greg Roy on January 22,
2014 for Unit 1, 32 Court Street.
Greg Roy defrauded GinA to enter an at will rental contract without telling
GinA the property was going to be sold to City of Augusta within a few months on
behalf of Maine Judicial Branch. (See KEN-CV-14-176 and GinA v. Leigh Saufley)
Greg Roy defrauded GinA to enter an at will rental contract without alerting
GinA that the insanely noisy environment and other disruptions from the
construction project at 32 Court Street made the living conditions unhappy and
severely injuring former tenants by causing them to suffer emotional and physical
distress and financial damages by being forced to move to a different residence to
remedy or avoid damage caused by construction disturbances.
IV.
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dwelling to any renter because of a handicap of that renter and under (f)(2)(A)
To discriminate against any person in the terms, conditions, or privileges of rental
of a dwelling, or in the provision of services or facilities in connection with such
dwelling, because of a handicap of that person
The Supreme Court consistently prohibits discrimination based on a persons
disability by every individual, entity and agency who deals with all areas connected
with residential housing.
When Congress prohibited housing discrimination based on a disability, they
also outlawed interference, coercion or intimidation with the enjoyment or exercise
of any fair housing rights as codified under 42 USC 3617 which says, It shall be
unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise
or enjoyment ofany right granted or protected by section 3604 of this title.
Embedded within those federal fair housing rights is the intrinsic federal
right to freedom of religion, press and expression as secured by the 1st Amendment
to the Constitution, which extends to all federal , state, county, local governments
and their official agents Congress shall make no law abridging the freedom of
speech or of the press;.
42 USC 1981(a) Statement of equal rights was originally enacted to protect
people in minority groups from being discriminated against because of their race,
color, ethnicity or nationality, but 1981 certainly did not intend to exclude white
people from enjoying the same equal rights that minorities are guaranteed to have,
All persons within the jurisdiction of the United States shall have the same right in
every State to make and enforce contracts, to sue, be parties, give evidence, and to
the full and equal benefit of all laws and proceedings for the security of persons and
property as is enjoyed by white citizens
42 USC 1981 cannot be used to prevent white people from enjoying equal
protection of their federal civil rights because that application of the law would be a
case of reverse discrimination by prohibiting a white person from utilizing a federal
statute that explicitly guarantees the same rightas is enjoyed by white citizens
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which did not intend to prohibit white citizens from enjoying the same protections
as other white citizens notwithstanding membership in any other protected class.
42 USC 1983 Civil action for deprivation of rights
Every person who, under color of any statute, ordinance, regulation, custom,
or usage, of any State , subjects, or causes to be subjected, any citizen of the United
States to the deprivation of any rights, privileges, or immunities secured by the
Constitution and laws, shall be liable to the party injured in an action at law, suit in
equity, or other proper proceeding for redress,.
42 USC 1985(3) Depriving persons of rights or privileges
If two or more persons in any State conspire for the purpose of depriving,
either directly or indirectly, any person or class of persons of the equal protection of
the laws, or of equal privileges and immunities under the laws; or for the purpose of
preventing or hindering the constituted authorities of any State from giving or
securing to all persons within such State the equal protection of the laws; in any
case of conspiracy set forth in this section, if one or more persons engaged therein do,
or cause to be done, any act in furtherance of the object of such conspiracy, whereby
another is injured in his person or property, or deprived of having and exercising any
right or privilege of a citizen of the United States, the party so injured or deprived
may have an action for the recovery of damages occasioned by such injury or
deprivation, against any one or more of the conspirators.
42 USC 1986 Action for neglect to prevent
Every person who, having knowledge that any of the wrongs conspired to be
done, and mentioned in section 1985 of this title, are about to be committed, and
having power to prevent or aid in preventing the commission of the same, neglects or
refuses so to do, if such wrongful act be committed, shall be liable to the party
injured, or his legal representatives, for all damages caused by such wrongful act,
which such person by reasonable diligence could have prevented; and such damages
may be recovered in an action on the case; and any number of persons guilty of such
wrongful neglect or refusal may be joined as defendants in the action; and if the
death of any party be caused by any such wrongful act and neglect, the legal
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representatives of the deceased shall have such action therefor, and may recover not
exceeding $5,000 damages therein, for the benefit of the widow of the deceased, if
there be one, and if there be no widow, then for the benefit of the next of kin of the
deceased. But no action under the provisions of this section shall be sustained which
is not commenced within one year after the cause of action has accrued.
V.
FACTUAL BACKGROUND
Disparate Treatment
1.
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had any medical issues that would cause the DMV Medical Unit to
suspend license #1491178. (See AUGDC-CR-2011-512/513)
o Ofc. Eric DosSantos issued two uniform summonses for Operating
After Suspension even though he knew the suspension was a benign
medical suspension and not considerable as a prior offense for any
reason. (See AP-13-17 and KEN-13-517)
o Ofc. Eric DosSantos issued two uniform summonses for Operating
After Suspension in spite of 29-A MRSA 2412-A(8). Traffic infraction.
A person commits a traffic infraction operating while license
suspended as described in subsection 1-A, paragraph A if the
person has not been convicted or adjudicated of a prior offense
under this section and the sole basis for the suspension is:
A. Failure to pay a fine;
B. Failure to pay a license reinstatement fee; or
C. Suspension for a dishonored check.
(See AP-13-17 and KEN-13-517)
o On April 17, 2011 the basement at 239 Cony Street, Augusta flooded
from excessive rain runoff from the Haskell Street hill overwhelming
the oil burner and causing it to emit carbon monoxide into the building
forcing GinA to call City of Augusta Fire Department for assistance.
o Augusta Fire Department could not communicate with Royce Watson
because Royce refused to answer his cell or house phone on that day.
o In July 2011, sand fleas invaded GinAs apartment causing her to ask
Royce Watson to eradicate the fleas which Royce refused to do.
o From July through the entire month of August 2011, GinA and Royce
engaged in very combative interactions via text message and email
regarding Royces refusal to eradicate the sand fleas in the building.
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o August 13, 2011, KJ article Big step to new county courthouse says,
In October 2009, MSJC CJ Leigh Saufley projected a $55 million new
building to include consolidated superior and district courts and
officesHowever, its taken longer than expected to secure the
property
o On September 1, 2011, Royce Watson moved Jack Alahverdian into
239 Cony Street, Unit 1 as Royces sweeper intended to sweep me
out of the building by terrorizing me with his violence.
o Jack Alahverdian told me Royce Watson has used Jack to sweep
other tenants out of other buildings prior to 239 Cony St. and that Jack
has also acted as Royces building and maintenance manager.
o Between Sept 1 28, 2011, GinA made more police reports for urgent
help with Jack Alahverdians violence and aggression to the Augusta
Police Department than she had ever called the police department in
the past for any reason up to that date.
o Throughout the month of September 2011 and until GinA moved out of
239 Cony Street, Augusta Police intentionally interfered with GinAs
quiet enjoyment by allowing Jack Alahverdian to play extremely loud
music which vibrated the walls and windows causing extreme duress.
o In September 2011, after GinA repeatedly demanded that the Augusta
Police Department prohibit Jack Alahverdian from torturing GinA
with his extremely loud, angry music, an agent of the Augusta Police
Department gave me a 17-A MRSA 506-A Notice and directed me to
serve it on Jack Alahverdian to cease and desist his harassment.
September 28, 2011, Tim Cason and GinA got permission from Jack
Alahverdian to enter the basement and discovered an oil leak from the
oil tank causing GinA to report the oil leak to Jack Alahverdian and
asking him to report it to Royce Watson because Royce was no longer
talking to GinA as a result of the flea problem.
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I dont have to set my alarm clock any more in the morning, said
Rep. Matt Pouliot, R-Augusta, who lives on Winthrop Court, within
sight of the project. Pouliot is on the citys Planning Board and saw
the project proposal in its initial stages.
the constant racket has gotten to Shannon Perkins, who has lived
in an apartment at 32 Court St. for about a year. Its insanely noisy,
she said, which is a particular problem during her childrens nap
time.
Gregory Roy, owner of 32 Court St, and a Realtor affiliated with the
Maine Real Estate Network, said the fallout from the courthouse
construction has done some damage to the occupants psyche. I
believe it may have resulted in some unhappy tenants Its easy
enough to find new tenants; its just making the living conditions
unhappy
Some $62 million in bonds were authorized to pay for the Augusta
courthouse Its coming in under budget, and on target to be under
budget, [Philip] Johnston said.
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This morning a [sic] received a call from Gina Turcotte. She and
several other tenants at 3 Washington Street Place, [sic] are very
upset that Scott Andrews (a registered sex offender) moved in the
building over the weekend... She has voiced her plans to make life
difficult for the landlord, as well as Andrews. I have cautioned her
about harassment, and told her to try and work things out with the
landlord. After taking [sic] with her, I believe that she understands
our legal limitations here. FYI, in the event that we get called there
to deal with an issue there. [sic] I have drawn a call number
detailing her complaint so we have it on file.
***One thing of interest with Turcotte is that she has tried using the
Sovereign citizen standing with us in the past and is now looking
for each and every law she can use to get Andrews out of her home.
Double standards?
o On June 3, 2013, 12:44pm, Chief Robert Gregoire sent an email to
William Bridgeo, FYI, If you dont remember Ms. Tourcotte [sic] I can
refresh your memory.
o June 3, 2013, 2:02pm, William Bridgeo sent an email to Chief Robert
Gregoire, No refresher required..
o On June 7, 2013, GinA made an official report to Code Enforcement
regarding the illegal rooming house at 3 Washington Street Place
which provoked Rob Overton to conduct an immediate inspection.
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There are many people who will certainly end up on the street if
Ray Corporation wiggles out of their responsibility on the heels of
their criminality. I am hoping that your office will support our
efforts to find safe housing without causing each of us undue
financial hardship above and beyond the injuries the landlord has
already caused us.
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o City of Augusta public records for October 2013 show, The houses [on
Perham and 32 Court Street] have been appraised at $38,000, $50,000,
$85,000 and $110,000 for a total of $283,000. The City wants to help
resolve the parking issue with the new courthouse since it fought so
hard to keep it downtown. The best solution would be to purchase the 4
properties and build a parking lot for at least 100 spaces. (See FOAA
Response 001385)
o On October 30, 2013, Matt Nazar sent an email to Lon Walters and
William Bridgeo, Several members, including one that lives no more
than 50 feet from the Old Y property, spoke very favorably about the
possibility of redevelopment
o On October 30, 2013, 5:13pm, Lon Walters sent an email to Matt
Nazar, Matt, please pass along to the planning board members,
especially the person with big concerns, that they are all welcome to
have the building design they think best for the site. Just make the
check in the amount of $1m.
o On November 21, 2013, GinA testified at City of Augusta Council
meeting. (See https://www.youtube.com/watch?v=WcXHB6-L7os )
o On December 31, 2013, Kennebec Journal published GinAs letter to
the Editor as the Founder of MAINE TENANTS JUSTICE LEAGUE,
Inc. expressing her desire to work with the City of Augusta, landlords
and tenants to help fix the low income housing crisis.
o On January 03, 2014, 5:36pm, GinA sent an email to Major Jared
Mills, Sgt. Chris Shaw, et al:
Dear Sgt. Shaw and Major Mills:
Now that I have properly disposed of the frivolous retaliatory OAS and
other criminal charges from February 16, 2012 with a full dismissal, I can
now turn my attention back to the aggressive, unprofessional and
unconstitutional incident with Ofc. Peter Cloutier from January 18, 2012.
I strongly believe these two incidents are directly correlated, with the
OAS arrest and subsequent court action being retaliation for my recording
and reporting Ofc. Cloutier's unprofessional conduct and publicizing it for
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the world to see on YouTube (which currently has more than 1800 views).
https://www.youtube.com/watch?v=w9pS5cEUorI
After I had an hour-long investigative meeting with Sgt. Shaw on
January 25, 2012
http://peacivids.peacivist.org/video/XXBSDB7Y1397/Augusta-PoliceInternal-Investigation-Sgt-Shaw-Jan-25-2012, Major Mills sent me an
email on February 21, 2012, at 2:45pm which is restated below:
Gina,
On January 18th 2012, Officers Cloutier and Drouin met with you in
response to a complaint they received from your neighbor. During the
course of their investigation Officer Cloutier began to question you in
reference to the odor of marijuana he believed he smelled coming from your
apartment. You filed a complaint with the Chief of Police in regards
Officer Cloutier's behavior during this incident. Sergeant Shaw
investigated the incident and determined that Officer Cloutier did in fact
act inappropriate in regards to his demeanor, and the way in
which he questioned you. Due to the fact that Officer Cloutier's
behavior was unprofessional, sanctions have been taken against
him and his behavior has been corrected. I want to apologize on
behalf of Officer Cloutier and the Augusta Police Department for this
unfortunate situation you had to endure. Thank you for bringing this
incident to our attention, and please contact me if you have any issues with
the Augusta Police Department in the future. If you have any questions or
if you would like to discuss this situation in person or by telephone please
let me know and I will make myself available upon your request.
Major Jared Mills
Augusta Police Department
***
Major Mills indicated "sanctions have been taken against [Ofc.
Peter Clouter] and his behavior has been corrected" but I was never
informed of those specific sanctions or corrective actions. Additionally,
nobody at the Augusta Police Department has ever offered me any kind of
remedial compensation for "this unfortunate situation [I] had to
endure"...
I strongly believe this situation with Ofc. Cloutier was not only very
unfortunate, but it was also the cause which compelled Ofc. Christopher
Guay to stop me a month later on February 16, 2012 without probable
cause and only because he was familiar with my car and he knew I
recorded Ofc. Cloutier's illegal behavior. I believe Ofc. Guay and other
officers had seen the USDOT signs on my car during their regular patrols
along Cony Street because my car was always parked very close to the
road.
I lived at 239 Cony Street from January 25, 2010 until March 1, 2012.
Additionally, as a direct result of that frivolous and unconstitutional
traffic stop by Ofc. Guay on Feb. 16, 2012, I was physically assaulted by
Sgt. Shaw, Ofc. Guay and Ofc. Harris in their unlawful and unreasonably
forceful seizure of my car and my body, then imprisoning me for several
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hours, not to mention the many injuries resulting from those actions which
have persisted ever since.
These are not just "unfortunate situations" which can be ignored; it
would be unwise to think these events have not impacted my life in very
significant ways for which the Augusta Police Dept. is directly
responsible...
All criminal charges from Feb. 16, 2012 were dismissed on December
18, 2013 by A.D.A. Joelle Pratt and Judge Murphy. I am now going to
challenge all civil traffic infractions from that date as well.
I strongly believe the aggressive criminal prosecution and the Augusta
Police Department's willful destruction of and refusal to provide video and
audio evidence of the arrest all resulted directly from my interactions with
Ofc. Peter Cloutier in January 2012.
I believe the other Augusta police officers are extremely unhappy I
recorded Ofc. Cloutier acting unlawfully and I am now being aggressively
targeted as a violent "sovereign citizen" (a misnomer).
I have personally read the Maine Criminal Justice Academy's 2011
mandatory training manual regarding "sovereign citizens" and I know all
police officers are taught to believe and presume all "sovereign citizens" are
violent, gun-toting, deadly people suspected of carrying at least 1 gun and
1 sharp weapon at all times... also, the MCJA training manual indicates
"sovereign citizens" are considered to be "domestic terrorists" worthy of
heightened aggression and police action.
This type of stereotypical profiling violates my natural right to equal
protection, is unconstitutional, discriminatory, highly prejudicial and
directly causes all officers to act with unreasonable aggression against
peaceful people, as I believe happened to me on February 16, 2012 and
thereafter.
I strongly believe the formal education provided by MCJA and the
internal policies of the Augusta Police Department regarding "sovereign
citizens" have caused, and are continuing to cause an elevated risk of
unreasonably aggressive and unconstitutional behaviors by police officers
which is causing an elevated risk of physical, emotional and other types of
injury to peaceful people who are stopped or questioned without reasonable
suspicion or probable cause of committing a 'crime'.
I am extremely offended that I am being targeted by my public servants
who have sworn an oath to protect me simply because I assert my natural
rights as protected by the Maine Constitution and 17 MRSA 2931.
Unfortunately, it is now almost exactly 2 years after I was arrested by
your officers and I cannot even begin to express how severely my life has
been disrupted and injured by these unlawful, illegal and unconstitutional
actions.
My life has been seriously injured, my rights have been grossly
violated, my liberty consistently threatened, and being physically and
constructively imprisoned by not being able to transport myself or leave my
home without "supervision" (by a chauffeur) since early 2012. I was forced
to sell my car because of the effect these charges had on my ability to use or
financially maintain my car. I was forced by subsequent circumstances to
live in the armpit of Augusta's ghetto on Washington Street Place (so I
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could afford my rent and walk to the store), my family relationships have
been directly injured as a result of these actions and my emotional, mental
and physical health has also seriously deteriorated as a direct result of not
being able to transport myself or take care of myself the way I did before
these frivolous charges were lodged against me.
I have already expressed in writing to the State, via email on December
17, 2013, that I consider these actions to rise to the level of malicious
prosecution and am prepared to seek my proper redemption through the
only avenue available - the court system.
But I am coming to you first.
I know the police department, as well as each police officer, are
required to maintain a bond or an insurance policy intended to resolve
these exact unfortunate situations.
I also know that "discretionary immunity" and "qualified immunity"
does not apply when "(1) constitutional rights were violated, and (2)
those rights were so clearly established that reasonable [officers] would
have known that their specific actions transgressed those rights." Creamer
v. Sceviour, 652 A.2d 110, 113 (Me. 1995)
I believe the incident from January 18, 2012 with Ofc. Peter Cloutier,
admonished by Major Mills' apology, evidently proves my "constitutional
rights were violated, and (2) those rights were so clearly established that
reasonable [officers] would have known that their specific actions
transgressed those rights."
Also, combining Major Mills' decision about the January 18, 2012
incident with the full dismissal of all criminal charges for the February
2012 OAS arrest, I believe there is solid evidence to prove the existence of a
direct correlation between both incidents from January and February
2012.
This is a very serious situation which must be resolved immediately,
appropriately and fairly. I am a reasonable woman willing to negotiate a
reasonable settlement, but the Augusta Police Department must first
decide if they are going to accept responsibility for the unfortunate actions
of their officers.
I did notice that Ofc. Peter Cloutier's name is no longer listed on your
website as a Patrol
Officer: http://www.augustamaine.gov/index.asp?Type=B_BASIC&SEC
={3D85517B-4BA1-47B0-80C8-491D45625A4C}&DE={F0682F3D-E5924EBD-A0BB-F47EB42F3287}
Does this obvious omission signify Ofc. Peter Cloutier has been
terminated from your employment and relieved of his police authority?
Please respond in writing within 7 business days with a request for a
meeting or an offer of settlement.
Thank you for your priority attention to this matter.
In Peace,
GinA Turcotte
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on Monday. (we will likely refer to our liability insurance carrier and
then review with the City Attorney) BB
o On January 8, 2014, 9:27am, GinA responded to Greg Roys internet ad
via email for 32 Court Street, Apartment for Rent which was posted
at http://maine.craigslist.org/apa/4271456825.html (now deleted)
o On January 11, 2014, GinA viewed Unit 1, 32 Court Street with Tim
Cason at which time they observed several red City of Augusta Code
Enforcement signs on all doors indicating the house was unfit for
occupancy.
o GinA told Greg Roy she was disabled receiving monthly social security
disability benefits, that she had special housing needs and that she
had two well-trained service (emotional therapy) animals (cats).
o Greg Roy demanded six good housing references from GinA.
o On January 13, 2014, GinA sent an email to Robert Overton of City of
Augusta Code Enforcement:
I went and looked at an apt. at 32 Court Street today. The
building is owned by Greg Roy. He said one of the 2 bdrm units
is just about ready to be rented after he gets your approval. He
asked me to give him 6 references so I gave him your name as one
of them and explained that 3 Washington Street Place was under
city orders to close because it was being used as an illegal
rooming house, among other problems. I know you cannot give an
official reference for me but you can offer your personal opinion
of my character. I explained to Greg [Roy] that my interaction
with you has stemmed from my housing fiasco over the last 2 yrs
but mostly from the past year of my living at Washington Street
Place.
o On January 13, 2014, 10:58am, Robert Overton sent an email to GinA,
responding to her request for a reference to live at 32 Court Street,
Gina, I will gladly tell Mr. Roy that I believe that you are a
good tenant and that you keep your apartment in great condition.
I have to answer his questions honestly, but will offer no more
than what he requests not that I would have anything negative
to report. Rob.
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o On January 17, 2014, GinA sent an email and made a phone call to
Robert Overton at City of Augusta Code Enforcement office,
I left a message on your voicemail that Greg is waiting to hear
back from you asaphe wont [sic] rent me the apt. until he gets
your approval I gotta get outta where Im living BEFORE
1/22 HOPEFULLY THIS WEEKEND
o On January 17, 2014, 2:15pm, Robert Overton sent an email to GinA,
Just spoke with Mr. Roy. Have a great weekend!
o Nobody told GinA that 32 Court Street was under negotiations to be
sold to the City of Augusta on behalf of the State of Maine Judicial
Branch before the end of the year 2014.
o Greg Roy told GinA he was going to eventually convert the second floor
efficiency units to small legal offices to benefit from the courthouse.
o On January 22, 2014, GinA moved into Unit 1, 32 Court Street under
an at will lease despite repeatedly requesting a very long term lease.
o On January 22, 2014, Maine Municipal Association denied GinAs
Claim #212P3814 for the January 18, 2012 incident with Ofc. Cloutier.
o On February 9, 2014, KJ article Houses behind jail eyed for Augusta
courthouse parking
As a new four-story courthouse takes shape on Winthrop Streets lower
hill, overlooking downtown, efforts are underway to secure more
parking spaces for people who will use the justice center. So far, the
focus is on a block of four buildings, most of them more than a century
old, that form a residential island along Perham Street. The buildings
include an apartment house at 32 Court St. that had been for sale
previously, a two-family house at 19-21 Perham St. and single-family
homes at 13 and 15 Perham St
The city Planning Board required more parking than the 93 spaces in
the court systems original proposal to avoid having courthouse
parking spill over into neighborhood streets.
Maine Supreme Judicial Court Associate Justice Joseph Jabar and
Augusta City Manager William Bridgeo said establishing parking at
the Perham Street properties would be ideal and would allow for 87
more spaces for people using the new building.
Were trying to really make it more user-friendly by establishing a
parking lot behind the jail and next to the courthouse, Jabar said.
Thats a perfect spot. That would add over 80 parking spaces so people
wont have to walk up the hill.
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o On February 14, 2014, GinA sent an email to Greg Roy regarding the
KJ article, Hi Greg! I'm forwarding both emails to the city council
and the KJ about razing this block. I think we both need to go raise
some hell at the next city council meeting !
o On February 16, 2014, KJ article Augusta Housing Authority leader
wants to help renters,
The new leader of the Augusta Housing Authority wants the
organization to take a more aggressive role in addressing what
she describes as the near-crisis level lack of affordable, safe
housing in the city. Over the last year, 65 housing units were lost
in Augusta, some to fires, but most were shut down by the city for
safety code violations found in some of the aging rental housing
stock That has tightened up the availability of rental housing
in Augusta. Were at a near-crisis situation in this community
right now, said Amanda Bartlett, executive director of the
Augusta Housing Authority. With me coming on board, it seems
like a good time to look at expanding our role, so were not just
doing vouchers. This is an opportunity for us to address a need in
the community. I think the time is right to do something.
Bartlett said the authority already has an arm created
specifically for real estate development, the Augusta Housing
Service Corporation, but that entity has never really been active.
She said the nonprofit corporation has about $307,000 in funds
set aside for real estate development.
o On February 17, 2014, GinA sent an email to City of Augusta, William
Stokes, William Bridgeo and Greg Roy, about the courthouse project,
Please notify me of all meetings and hearings regarding razing
the Perham/Court Street block so I may be present to testify.
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o On February 20, 2014, GinAs letter to the editor was published by the
Kennebec Journal, Former YMCA site better for new parking garage,
Responding to your article published on Feb. 9 titled, Houses
behind jail eyed for Augusta courthouse parking, I must offer
my input since apparently none of our city councilors is thinking
about the most vital issue our city faces lack of safe, lowincome residential housing!
How can our public officials even entertain the idea of
demolishing more residential homes to make a parking lot
without comparatively replacing those dwelling units? There is a
perfect location for that parking lot or another parking garage on
the old YMCA building site at the corner of Winthrop and State
streets. That parking garage could be connected to the old or new
courthouses by a catwalk or an underground tunnel, both of
which already exist in our local government structures.
This property is already cleared and ready for construction and
would save huge amounts of money for this projects bottom line.
There are no buildings to purchase, no people to relocate, no
structures to raze and no cleaning to perform. All the city needs
to do is purchase the property or exercise eminent domain over
that property for the greater good of the public, if necessary,
which it is likely to do on Court Street/Perham Street if push
comes to shove.
The article also does not mention that those four buildings are
capable of housing at least 20 people or where future tenants of
32 Court St. will live.
We all need to stop thinking about making more business and
start thinking about making more peace, which is not going to
happen by destroying four residential homes without replacing
them with comparable new buildings that will house the same
number of people.
How is any of this OK with Augusta residents?
Gina Turcotte, AugustaFounder and presidentMaine
Tenants Justice League (See
http://www.centralmaine.com/2014/02/20/former_ymca_site_bett
er_for_new_parking_garage_/ )
o On February 25, 2014, Leigh Saufley states on page 3 of The State of
the Judiciary, The Judicial Branch General Fund budget for fiscal
year 2013 totaled 56.6 million dollars, less than 2% of the General
Fund budget. Total revenue collected by the Judicial Branch was just
over 39 million dollars.
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9:28pm
Matthew Pouliot
I'm afraid there is not many options for parking
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9:28pm
GinAthena Turcotte
what about the ymca lot?
no mention of that whatsoever
its DOUBLE the size of this lot!!!
and its already cleared !!!
.96 acres !!
these 4 properties are ONLY .4 ACRES!!
and we will lose 20 UNITS!
the bldg next door is a 5 bedroom house!
this bldg is a 6 unit bldg
19-21 perham st is at least 3 or 4 units
and danny ayotte's is a single family that needs a lot of work
so where do i go ??
the city has no plan for me or the other 5 tenants in this bldg
we need to talk
the owner and i have sent our official objections to the city
and MTJL sent their official objection also
last week
the owner and i are working closely and collaboratively. he also
joined MTJL as a board director representing landlords and real
estate agents and homeowners
did you know the city has been planning to take these 4 bldgs
since 2009 and NEVER SAID A WORD until 2012 !!
or 2011 at the earliest to the residnets on the street
i've surveyed people on this street
the city has made a total of 4 contacts with the next door
neighbor starting 3yrs ago
but they've been planning this since 2009 according to the KJ
why did they wait until NOW ????
whats going on????
and why did Mayor Stokes just get nominated to be a superior
court judge in the very courthouse they are going to destroy my
bldg to make a parking lot for ????
did he sell my block for the judgeship???
i sure think so !
i'm HOT
I'M LIVID!!
i'm going PUBLIC
VERY VERY VERY PUBLIC
my landlord is hot
he is stubborn and will not back down
we have already spoken at length
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the angels put me in this bldg... i did not choose this fight and
would prefer to deal with my other issues instead.
but i dont have much of a choice now
and i am asking you as my city rep. to take time to speak with my
landlord and the person who will be detrimentally affected by
this unnecessary taking
its abusive and a breach of the city's fiduciary duty
i respect you, Matt, and am coming to you with that respect
intact ...
but, if you dont listen to greg and what the city has done to him
to take this property, i will wonder what your agenda is ...
do not make this about me... it has nothing to do with me... this
is about Greg and how the city has been secretly planning to take
his property since 2009 at least without a word to him !!
and they know this is a FOR PROFIT BUSINESS they are
taking away from him !!
and they only offered him $85,000 !!
such an insult
like i said, I'M HOT
but i'm in control of myself and have my focus well refined
i will be taking this public in every venue i have available to me
as soon as it stops live streaming i will be cutting a copy and
uploading it to youtube so the public can see what i just did
for them
so, with that said, please call Greg Roy, the owner of 32 Court
Street, or come by to see him anytime during the day... if there is
a burgandy pickup truck or burgandy car in front of the
building, he is here working
his phone humber is 207-215-8548
he knows im making contact with you and approves
i'm signing off FB now and going to do some work for a
Scarborough tenant ... please think about what i've said and give
me a thoughtful response in due time... thank you for your time
and consideration.
10:34pm
Matthew Pouliot
Ok, I'll talk to Greg
o On May 20, 2014, GinA sent an email to Matthew Pouliot regarding
Official Complaint against State of Maine,
Rep. Matthew Pouliot, (Augusta),
This message is being sent as an OFFICIAL COMPLAINT about
the State of Maines and City of Augustas secret negotiations
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Gardiner, ME 04345
Re: 32 Court Street
Tax Map 33, Lot 230
Augusta, ME 04330
Mr. Roy,
This letter is to confirm that the Code Enforcement Office
has approved occupancy of the two rear apartments on the
second floor at the above referenced address.
Occupancy of the second floor apartments on the Court
Street side of the building and on the floors above the
second floor is currently prohibited.
If you have any questions regarding this matter, please do
not hesitate to contact my office.
Sincerely,
Robert Overton
Code Enforcement Officer
***
o On June 5, 2014, Greg Roy asked GinA to post internet rental ads on
his behalf for both of the 2nd floor units expressly giving preference for
long-term residents.
o On June 17, 2014, GinA made an official complaint to City of Augusta,
Matt Nazar, regarding noise from the courthouse construction site,
This is being sent as an official complaint about the hours
worked by the construction crews at the court house project on
Court Street.
I was awoken again this morning at 6:30am by the nuisance of
the beeping noises coming from the heavy construction
equipment.
These workers arrive on the worksite as early as 5:30am and
begin work anywhere between 6:15-6:30am every day complete
with construction noises.
These construction people show NO RESPECT for the residences
in this neighborhood and make unnecessary noises by beeping
machinery horns to drown out someone talking to them, throwing
metal onto metal to create loud, booming noises at early hours of
the morning, and other unnecessary activities that create loud
noises at unreasonable times and for unreasonable purposes.
I am at the end of my patience with this construction project and
the disrespect being shown to the people who live in this
neighborhood.
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Please inform Consigli and any other contractor that they are not
to begin any work before 7am M-F.
I expect to hear from you promptly.
Thank you.
GinA Turcotte
32 COURT ST
AUGUSTA
333-0628
o On June 18, 2014, 8:56am, GinA sent an email to Rob Overton,
Who is David Pare? What was the context and content of your
conversation with him about me as referenced in the message
[dated October 2, 2013, 8:21:44am]? GinA
o On June 18, 2014, Rob Overton sent an email to GinA regarding David
Pares email to Rob Overton,
Mr. Pare is one of the good local landlords and seems to be a
good person. He pays attention to the City Council meetings and
has called me regarding some of the issues you have brought up
at the meetings and some of the earlier issues that you
experienced on Cony Street. He also calls me occasionally to ask
about code requirements for different type of buildings. He
believes that you could make a good living providing (for a fee)
landlords the type of advice/advocacy you give to tenants.
I actually have received several calls from landlords about what
you are doing with MTJL. You are becoming very well known
among the landlord community. I always recommend that they
contact you directly if they want info on what you do.
I certainly do not believe that Mr. Pare meant any disrespect to
you, but I can certainly see how it could appear as such without
knowing the context of the phone conversation that we had prior
to this email!
I will forward the other emails that he has sent me (I do not
recall any others that involved you or MTJL, but will check and
send them to you).
Rob
o On June 18, 2014, 12:59pm GinA sent an email to Rob Overton,
and I slept in my bed for the first time in several months (I
usually sleep on the couch to create a sound buffer between my
ears and the construction zone).
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discuss the citys offer and your needs as we seek to move forward
on this project.
Additionally, I am available to discuss the citys offers and
address your questions at any time at (207) 751-2962.
Regards,
Keith P. Luke
Deputy Director of Development Services
Email: keith.luke@augustamaine.gov
o On July 25, 2014, Robert Overton sent an email to GinA responding to
her July 25, 2014 FOAA request re: Map 33, Lot 230, 32 Court Street,
Every new public record created or received by your office since
May 1, 2014 regarding Map 33, Lot 230 (32 Court Street).
(See June 5, 2014 FOAA request, June 17 and July 11, 2014,
official complaints to City of Augusta, Matt Nazar)
May 22, 2014, 1:38pm email from Robert Overton to William
Bridgeo:
I met with Mr. Roy today at 1130am at 32 Court Street. While
inspecting the building, he mentioned the plans for the area to
potentially be used for parking for the Court facility. He went on
to say that he was aware that the other property owners on
Perham Street had come to agreements with the City for the sale
of their property. He said that he was not sure if he should
continue to fix up 32 Court Street or "move on to something else".
I told him that the City Manager would like to meet with him in
an effort to negotiate the sale of his property. He replied that he
received an email requesting a meeting and apologized for not
responding to it. He did not say what he intended to do.
Robert Overton
Code Enforcement Officer
City of Augusta
16 Cony Street
Augusta, Maine 04330
ph: (207) 626-2365
fax: (207) 626-2520
***
May 7, 2014, 1:04pm
From: Matt Nazar
To: William Bridgeo; AII_City_Department_Directors;
AII_City_Bureau_Heads; Robert Overton; Gary Fuller
Cc: Stephen Langsdorf
Subject: FW: FOAA request , Map 33, Lot 230, 32 Court Street,
Augusta
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Bill,
Ms. Turcotte is sending separate emails to staff members with
her FOAA requests. At this point, you've told me that Steve will
be handling the assembly of information for Ms. Turcotte. If any
other departments or bureaus receive FOAA requests from Ms.
Turcotte, I assume Steve will be handling them? So far, the
requests have been for two specific properties in the city- 32 Court
Street, and the old YMCA property.
Matt
Matthew A. Nazar
Director of Development Services
City of Augusta
16 Cony Street
Augusta,ME 04330
ph:{207) 626-2365
fax: {207) 626-2520
o On August 20, 2014, GinA was forced to participate in a fraudulent
eviction hearing for AUGDC-SA-14-453 presided over by Valerie
Stanfill. (See 1:16-cv-00095-NT)
o On August 23, 2014, 1:10pm GinA sent an email to William Bridgeo
regarding her objection to any extension of courthouse work hours,
Manager Bridgeo,
I have been told the courthouse construction crew has recently
submitted a request to extend construction work hours beyond
6pm M-F and that the decision is solely yours as City Manager.
If this is not true, I am filing my official objection for all future
requests for an extension of work hours for as long as I live at 32
Court Street.
As a resident who lives closest to the courthouse project, I
CATEGORICALLY OBJECT to any extension of work hours
beyond 6pm because it will severely exacerbate my current
injuries caused by the continuous noise pollution and physical,
emotional and psychological torture I am required to endure 7a6p M-F and which is the foundation of the Notice of Claim I filed
on August 5, 2014 against the City of Augusta and 14 public
officials including yourself.
Please understand and take official notice of the fact that I am
inside my home at 32 Court Street 99% of the time and I suffer
GREATLY during the day with emotional, mental and physical
issues caused by the construction noises and other related
disturbances.
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But Im not going down without making them earn their victory
in public view
By the way, I will be testifying at the public council meeting this
week to protest their proposed historic district which I suspect
will not include the Perham/Court Street block its going to be
a very interesting public meeting
Ill let you know what District Court says about staying the writ
of possession on my appeal that I filed today
think good thoughts!
Gina
o On September 22, 2014, 4:32pm, Rob Overton sent an email to GinA,
I also made it clear to Greg that he will not be allowed to move
anyone else into the building until the electrical issues and the
porches and railings are corrected to my satisfaction. This will
require a master electrician to certify that the electrical is safe
and code compliant
o On September 24, 2014, 8:42am, GinA sent an email to Rob Overton,
The sheriff tried to serve a writ of possession on my yesterday
but I didnt answer the door. I have to be careful not to answer
the door for him today because it will start the 48 hours tolling
and I dont have a place to go yetAre you coming over today?
o On September 24, 2014, 9:19am, email from Rob Overton to GinA,
Yes, I will be there later this morning. Around 11 to 1130 if that
works for you?
o On September 24, 2014 around 11:15am, GinA was served with a writ
of possession while GinA was outside talking to Robert Overton.
o On September 25, 2014, 12:06pm, email from Rob Overton to GinA,
Gina,
I know you already gave it to me, but I cannot find the name of
the gentleman that leases the other unit in your building. I want
to make sure that he does not fall through the cracks since he is
not there and may not be aware of the issues in the building. Any
contact info you can share is greatly appreciated.
I hope your apartment viewing on Gage went well. How does the
inside of that building look?
Rob
o On September 26, 2014, GinA moved out of 32 Court Street but she
was not able to remove all of her possessions and was forced to leave
some of her possessions at the property.
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when the old Ymca property was already there and available.
Where was the thinking on this?????
(See https://www.centralmaine.com/2015/07/09/with-augustaapartment-building-gone-kennebec-courthouse-gains-publicparking-lot/comments/ )
o On May 16, 2016 at 11:30am, GinA is scheduled to appear in Kennebec
County Probate Court to be appointed as Personal Representative for
the Estate of Wayne Richard Leach so GinA can proceed to file any and
all wrongful death lawsuits against all responsible parties for all acts
which led GinA and Wayne to live at 2528 West River Road Sidney and
which GinA and Wayne both believe was the direct and proximate
cause for the sudden manifestation of Waynes brain tumor (January
11, 2015, exactly 60 days after taking possession of 2528 West River
Road on November 11, 2014) which was the direct and proximate cause
for Waynes untimely death, to restore any and all proper value to
Waynes allegedly insolvent estate, to redress all injuries caused by
David Brennans breach of contract, failure to disclose defects and
intentional infliction of emotional distress, to get all legal remedies for
all other peoples wrongful actions and to administer his estate in the
manner he requested. (See GinAs affidavit in KEN-2015-0534-1)
VI.
1.
1:16-cv-00100-NT
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2.
PageID #: 103
under color of state law by acting under Nazars official direction to hinder exchange
of public information between GinA and public servants during official public
communications on January 13 by wrongfully censoring public data about the
ultimate demise of 32 Court Street.
3.
under color of state law by acting under Nazars official direction to inhibit
exchange of public information between GinA and public servants during official
public communications on January 13 by wrongfully censoring public data about
prior tenants injuries at 32 Court Street which were directly caused by an insanely
noisy environment and other harmful intrusions caused by the courthouse
construction project.
4.
Defendants wrongfully violated GinAs equal rights under color of state laws
Defendants wrongfully violated GinAs equal rights under color of state laws
Defendants wrongfully violated GinAs equal rights under color of state laws
to exchange public information with public servants regarding the insanely noisy
environment which was the direct and proximate cause for daily constant violations
of GinAs equal rights to peacefully exchange information by being forced to endure
nerve-wracking incessant noises from the courthouse construction site and its
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PageID #: 104
laws to prevent GinA from exchanging public information with public servants
about 32 Court Street set certain wrongful events into motion which created merits
for GinA v. Leigh Saufley related to judicial proceedings for 32 Court Street and
2528 West River Road by virtue of the herein-named Defendants allowing and
soliciting GinA to occupy 32 Court Street knowing or having reason to know ab
initio the loud construction noises would make her living conditions unhappy and
that GinA would be forced to move out within a few months by force of excessive
police power by a court and its judges who were acting with a complete absence of
all jurisdiction as a result of that court being earmarked to be the final legal owner
and occupant of 32 (1) Court Street.
8.
Defendants actions wrongfully created more court business for the Capital
Judicial Center by setting certain wrongful events into motion which created merits
for the lawsuits listed below, some are still pending in the Kennebec County
Superior and Probate Courts, not including any related federal lawsuits filed with
the U.S. District or Supreme Courts, namely:
o AUGDC-SA-14-453 (writ of possession executed on September 26, 2014)
o KEN-CV-14-176 (pending/active)
o AP-14-56 (closed/dismissed September 24, 2014)
o KEN-14-410 (closed/dismissed October 9, 2014)
o KEN-CV-15-58 (pending/active)
o KEN-CV-15-59 (closed due to deceased Plaintiff/pending reopening)
o WATDC-SA-15-271 (pending de novo jury trial appeal in Kennebec County
Superior Court)
o KEN-RE-15-68 (pending/active)
o KEN-2015-0534/0534-1 (Estate of Wayne Richard Leach) (pending/active)
o GinA v. AVANGRID/Iberdrola USA, Inc. d/b/a Central Maine Power Co.
(pending/active)
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9.
PageID #: 105
Defendants actions wrongfully created more court business for the Capital
Judicial Center by setting certain wrongful events into motion which resulted in
Leigh Saufley, Joseph Jabar, Robert Mullen, Michaela Murphy and Valerie Stanfill
wrongfully violating GinAs equal rights under color of state laws during the
wrongful adjudication of the above itemized cases for the purpose of concealing their
conspiracy with Defendant Greg Roy regarding 32 Court Street as alleged in GinA
v. Leigh Saufley, 1:16-cv-00095-NT.
COUNT I
Violation of 42 USC 3601
10.
GinA re-alleges and incorporates by reference the allegations set forth above.
Defendants wrongfully violated the policy of the United States to provide,
within constitutional limitations, for fair housing throughout the United States. by
repeatedly denying GinA her fair housing rights to live in safe, decent and
affordable housing without the threat of interference, coercion or intimidation for
GinA exercising her fair housing rights under 42 USC 3601 et seq.
COUNT II
Violation of 42 USC 3604(f)
11.
GinA re-alleges and incorporates by reference the allegations set forth above.
12.
a rental, and otherwise made unavailable and denied GinA the right to enjoy longterm rental contracts for her dwellings because of GinAs handicap and her being a
member of the homeless community which makes her most vulnerable to predator
landlords like Royce Watson, Ray Corporation and Greg Roy.
COUNT III
Violation of 42 USC 3617
13.
GinA re-alleges and incorporates by reference the allegations set forth above.
14.
The public information listed in this complaint amply prove Defendants have
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PageID #: 106
COUNT IV
Violation of 1st Amendment
15.
GinA re-alleges and incorporates by reference the allegations set forth above.
16.
The public information listed in this complaint amply prove Defendants have
repeatedly deprived GinA of her right to speak since 2011 as aptly evidenced in the
many public records stated in her Factual Background.
COUNT V
42 USC 1981
17.
GinA re-alleges and incorporates by reference the allegations set forth above.
18.
Defendants wrongfully violated GinAs equal rights under color of state law
to speak, to be heard, to make fair terms in her rental contracts, to have equal right
to have access to public information that directly impacts her life, liberty and
pursuit of happiness, to have equal rights to have peaceful enjoyment of her
residence free from governmental interferences with her right to exchange
information, to be free from threat of being forced to be a party to and give evidence
at fraudulent eviction trials presided over by courts and public servants who would
be acting in complete absence of all jurisdiction, and to enjoy full and equal benefit
of laws and proceedings for the security of GinAs person and property, inter alia.
19.
laws to have equal rights to speak and to be heard during public proceedings that
directly affected security of GinAs life, person and property by ignoring GinAs
demand to exercise her right to speak, to be heard and to give factual evidence of
alternatives for court parking during pubic proceedings about the sale and
destruction of 32 Court Street.
20.
Defendants wrongfully violated GinAs equal rights under color of state laws
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PageID #: 107
42 USC 1983
21.
GinA re-alleges and incorporates by reference the allegations set forth above.
22.
rights, privileges and immunities secured to her by the federal constitution and
laws under color of state law during public proceedings and exchanges of public
information regarding imminent sale and destruction of 32 Court Street, Augusta.
23.
rights, privileges and immunities secured by the federal constitution and laws
under color of state law by allowing Unit 1, 32 Court Street to be opened and
occupied in January 2014 without warning GinA of the imminent dangers which
directly caused GinA to enter into a fraudulent rental contract with Defendant Greg
Roy for eight months of a torturous occupancy directly resulting in GinA being
forced to be a party to a fraudulent eviction lawsuit (See AUGDC-SA-14-453) and
ensuing fraudulent appellate proceedings (See AP-14-56, KEN-14-410) in August
and September 2014 which were all wrongfully presided over by state courts and
state judicial servants who knew they were acting with a complete absence of all
jurisdiction because of their significant conflict of interest with Defendant Greg Roy
in their future purchase and possession of his property at 32 Court Street.
24.
immunities secured to her by the Constitution under color of state laws by censoring
public information about the imminent demise of 32 Court Street was the direct and
proximate cause for the all of GinAs injuries caused during her occupancy and
business transaction for 32 Court Street, all injuries GinA sustained while she was
homeless between September 26 and November 11, 2014, and all injuries GinA has
sustained as an occupant at 2528 West River Road, Sidney as a direct result of
being fraudulently evicted by use of excessive and improper police power by
Defendants judicial agents on August 19 and September 26, 2014 in AUGDC-SA14-453.
COUNT VII
Violation of 42 USC 1985
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PageID #: 108
25.
GinA re-alleges and incorporates by reference the allegations set forth above.
26.
GinA re-alleges and incorporates by reference the allegations set forth above.
28.
Defendants had knowledge that the wrongs they conspired to do herein and
having the power to prevent or aid in preventing the commission of such unlawful
acts or neglected or refused to prevent those wrongful acts despite Defendants
ability to prevent such wrongful acts did in fact cause severe, permanent and
irreparable injuries to GinAs person, property, reputation, health, safety and
welfare.
DEMAND FOR RELIEF
29.
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PageID #: 109
_______________________________________
GinA
1:16-cv-00100-NT
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PageID #: 110
Due to the public significance of the events cited in this complaint and GinA's
need to proceed without legal representation, GinA requests any necessary leave to
correct any future technical or procedural errors or omissions which may cause this
court to dismiss any part of the complaint, in part or whole, sua sponte.
of April, 2016.
~
GinA
2528 West River Road
Sidney, Maine 04330
(207) 209-1767
gina.ecf@gmail.com
VERIFICATION
I, GinA, verify that I have read this Verified Complaint and swear the facts
stated herein are true based on my own knowledge, experiences, information, and
belief.
Executed under pains and penalties of perjury on this day in the town of
Sidney, county of Kennebec, state of Maine.
~
GinA
1: 16-cv-00100-NT
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