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Donna Jo Kirkland Vs. Brenda Barnes et. al.

In the district court for the United States northern district of alabama middle division
) Case No.: 4:11- cv - 3902 TMP Donna Jo Kirkland, ) U.S. Magistrate T. Michael Putnam Plaintiff, ) ) u.s.c. titles 42 1983, 1985, 1981, Vs. ) 1982, et. seq. u.s.c. 18 242, 241. Brenda Barnes Bank CEO, Peoples ) ) Constitutional rights, property & contract State Bank of Commerce, Cora ) violations, with intentional torts, in joined Lorean Duvall-Christopher Duvall, ) conspiracy complaint. Chuck Van Etten, Defendants. )

Constitutional rights, property & contract violations with intentional torts in joined conspiracy complaint, demand for declaratory prospective injunctive relief, th 7 Amendment right of trial by jury, article III common law pursuant to title 42 u.s.c. 1983, 1985, 1981, 1982, title 18 u.s.c. statutes 242, 241.
Comes now, Donna Jo Kirkland (Plaintiff), de novo, to demand her constitutional rights, et seq. complaint. Plaintiff will show facts to the evidence explaining how a large Conspiracy formed in Marshall County Alabama against Plaintiff by these five named main Defendants, causing Constitutional Rights, Property, & Contract Violations with Intentional Torts committed against Plaintiff that does involve a substantial number of other Actors-Defendants involved in it, much like ants at a pick nick. The short list of violations would be of what has not been done against the Plaintiff at this point. The totality of Causes of Action found that are currently or have been committed against the Plaintiff are so numerous, varied, substantial, in a combined joined conspiracy, that much review to
Kirkland: 4:11-CV-3902 TMP 1 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

many difficult decisions had to be made in determining what Defendants were still essential to be retained as Defendants, absolutely necessary to maintain Plaintiff in her Rights and get to these central core issues of matters, key Defendants that would still be kept remaining and named in this Complaint. Your Honor, this cannot be brought in a standard form, the reasoning as follows explained. The Plaintiff does not trust attorneys to represent her, nor judges that elude the origin of principles ignoring the still controlling law founded in Americas U.S. Constitution Article VI [2] to Supremacy Clause, and judges sworn Oath [3]. ARTICLE VI [2]. This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every State shall be bound thereby, any thing in the Constitution or laws of any State to the contrary notwithstanding [3] and judicial officers, both of the United States and of the several States, shall be bound by oath or affirmation, to support this Constitution; Plaintiff has been shown and experienced that evil privilege in attorney Admiralty-Maritime Martial Law, thank you very much not her rights. Plaintiff seeks common law and right of trial by jury 7th Amendment with laypeople as her counsel 6th Amendment Right. If this is forbidden, blocked -prevented here, Plaintiff will take these matters before some other lawful constitutional authority. Plaintiff will not be subjected to any more of the corruption, tyranny, convoluted law legalese. If you are not of the true God of the Bible, America, and Apple Pieto the origin
Kirkland: 4:11-CV-3902 TMP 2 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

of intent found in the U.S. Constitution, then, We Stop right here and now. Most may call Admiralty otherwise The Law. We know it is complete sin where attorneys pervert the truth of law in the Constitution against God. So how does one go about explaining the extreme case of insane crazy neighbors gone bad, to worse, going about cleaning up Marshall County Circuit Court garbage charged against Plaintiff in their own private evil kangaroo court, initiated to full blown (out of proportion) convoluted severe governmental tyranny involving City of Grant, Marshall County, and the State of Alabama prosecutorial powers in what should have only gone so far as a very simple private civil matter? How does all that just all of a sudden, happen to one woman, of this magnitude? Why? The (5) Defendants remaining held to this Complaint were certainly in after Plaintiffs prime real estate land she lawfully owns along Cathedral Caverns Highway for personal and City use to gain some very nice monetary profits. These specific (5) Defendants then, DID take portions of Plaintiffs land by actual illegal sheer physical force, forcing Plaintiff off her own land, then to the extreme actions of the Banks CEO Brenda Barnes bringing an unlawful forced Foreclosure against Plaintiff. The City of Grant and Marshall County chimed in and played along too where Grant Police Officers, Marshall County Sheriff Scott Walls and Deputies are utilized to aid & abet-assist the (5) Defendants illegal activities accordingly as the City-County would also benefit from these activities in acquiring Plaintiffs land for City, County use through the corrupt motive of Bank CEO Brenda Barnes of / and the Peoples State Bank of Commerce, Brenda Barnes also a member of the City of Grant, Alabama Chamber of Commerce.

Kirkland: 4:11-CV-3902 TMP

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

Because there exists the corporation STATE OF ALABAMA (for profit), and under that, the existing corporation of MARSHALL COUNTY (for profit), then the City Municipal Corporation CITY OF GRANT (for profit), and then there is the common law side in the very simple state (small letter) Alabama of We the People, and not the STATE (all caps) such as found listed in business, Dun & Bradstreet Website. Who will be their next victimsWho will be next? Therein exists, are several sides of a courtroom, Admiralty-Maritime, equity, common law. Whenever you see the American Flag with Gold Fringe on its edges, in any room at Court, a school, City Hall, where in every Municipal, County, State, or Federal agency-office etc., you will exclusively see the Gold Fringe variety, what does that signify? Look it up for yourself in the Federal Code. Find out what the Gold Fringe means-signifies. I seem to recall it might be found in Federal Code Title 49. I ask you, is this a coincidence or simple mistake as we are told, when you find this everywhere? When you look at ones name on legal papers served on you. Your name is written in (all caps), JOHN SMITH vs. MARSHALL COUNTY. Your name rather than the normal John Smith is made a corporation to be sued as JOHN SMITH. The evidence of this is substantial in case law and the (FRCP) the Federal Rules of Civil Procedure. Example: VI TRIALS Rule 38 (e)Admiralty and Maritime Claims. These rules shall not be construed to create a right to trial by jury??? Plaintiff is not a CORPORATION, and wont be further held up in the Court as one! As Marshall County Circuit Court DID.

Kirkland: 4:11-CV-3902 TMP

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

Anytime anyone is ever dragged into Court, you are Railroaded under the corporate side where the Court does not recognize the Constitutions Bill of Rights at all. NONE. There, you are found as a corporation, automatically guilty and adjudicated by and under corporate, UCC, Admiralty-Maritime, Martial law. All the following DID HAPPEN committed by this corporation (MARSHALL COUNTY) to a completely innocent woman, but to explain it allI dont think I have that much paper, so a compressed condensed mix must suffice, must be allowed, explained as follows, and well, now everyone will finally hear the truth from a truly innocent woman who did NO crime. Your Honor, with all due respect, this portion of the Complaint and particular criticisms described are not aimed at you, but must be addressed, done here and now, to correct-clarify these matters which are not coming before you, but rather coming before the correct Court, that is, (The Law of the U.S. Constitution and the document itself ,) by reason following: Your Honor, does a real true fair trial even exist in America anymore? As the Marshall County Circuit Court System itself is to blame here and will certainly be corrected by Trial to Plaintiffs Complaint, these things are stated to clarify with you. A. Plaintiff seeks a common law jury trial bound by the Bill of Rights with laypeople as her counsel 6th Amendment Demand. B. Plaintiff demands the gloves be taken off opposing attorneys so that the playing field is level, they may also say anything, litigate without regard to Court Rules-Rules of Evidence etc. (How much fun is that?)
Kirkland: 4:11-CV-3902 TMP 5 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

C. The jury determines everything in this case, the facts, evidence and determines all the law accordingly. D. The jury will hear and visually see everything, and will be presented everything submitted to the Court, as they (jury) determine the law, will determine everything, so there will be no side-bar discussions, no private chambers, no objections made by defense attorneys, no Rules of Court, nothing else can be prevented to the contrary, as all of that circumvents-precludes-prevents the rightful constitutional jury to determine the law when they are led by a leash. E. The jury decides everything, where the jury is not controlled, blinded, manipulated in any way. F. The jury will be informed The Jury is not instructed - not directed, not commanded as the jury will handle all argument disputes in Court, only the Jury themselves can - will decide any and all matters in Court in Plaintiffs case. G. The jury makes the deciding final Verdict. Any outside influence by the Judge or any other is Jury Tampering. There should be no further need to wrestle terminology, phraseology, semantics past such origin of intent by the framers to the Constitution. Does the Buck stop here? Where in the U.S. Constitution does it say or give adjudication power for a single-handed (judge) to make adjudicative decision-verdict in trials of common law? Someone please point to ithummm, not there is it? When the judge instructs the jury that he decides the law, he is taking (usurping) the jurys lawful constitutional power back into his own hands. This is Jury Tampering and Criminal Capital Felony Treason.

Kirkland: 4:11-CV-3902 TMP

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

Without the power to decide what facts, law and evidence are applicable, Juries cannot be a protection to the accused as the Founding Fathers set out in the Constitution. If people and judges acting in the name of the government are permitted by the Jurors (put on a leash) by the judge and it is only up to the judge to dictate any law whatever, the judges can also unfairly dictate what evidence is admissible or inadmissible and thereby prevent the WHOLE TRUTH from being considered. Thus if government can manipulate and control both the law and evidence, the issue of fact becomes virtually irrelevant. In reality, true justice is then certainly denied, leaving We the People with a trial by government and not a trial by JURY of our peers! This is what Marshall County Court committed. Unchecked power is the foundation of tyranny. It is the Jurors duty to use the Jury Room as a vehicle to stem the tide of oppression and tyranny: To prevent tyranny by peacefully removing power from those who have abused it. The Jury is the primary vehicle for the peaceable restoration of Liberty, Power, and Honor to We the People. Trial is NOT before the corporation, UNITED STATES, Trial is NOT before the corporation, STATE OF ALABAMA. Trial is NOT before the corporation, MARSHALL COUNTY. All deciding power in Plaintiffs Trial resides with the Jury only as the U.S. Constitution certainly sets out. Your Honor is only a referee of a sort, to simply facilitate jury trial and will have little else to do but simply schedule pre-trial process to Discovery and such. Your Honor, will make no decisions, no adjudication in this case without the express permission from Plaintiff. If anyone disputes this, come forward right now on camera in open public forum face to face before us, NOT behind closed doors. Everything will be in the light
Kirkland: 4:11-CV-3902 TMP 7 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

of day, everything on the table in clear view to a very public jury trial, T.V. media is requested-invited to record. The jury has the right to determine both the law and the facts." Samuel Chase, U.S. Supreme Court Justice and a Signer of the Declaration of Independence. "The jury has the right to judge both the law as well as the fact in controversy. John Jay, 1st Chief Justice U.S. Supreme Court. "The jury has the power to bring a verdict in the teeth of both law and fact." Oliver Wendell Holmes U.S. Supreme Court Justice. "The law itself is on trial quite as much as the cause which is to be decided. Harlan F. Stone, 12th Chief Justice, U.S. Supreme Court. "The pages of history shine on instances of the jury's exercise of its prerogative to disregard instructions of the judge" U.S. vs. Dougherty, 473 F 2nd 1113, 1139, (1972). "Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them." Miranda vs. Arizona, 384 US 436 p. 491. Even case law is extraordinary by such truth of law as with the famous Miranda Warning case. This concludes our Civics Lesson 101. Such elementary basics of our law should never become necessary, or need mentioning to our Courts and especially the attorneys, but sad to say, here we are today.
Kirkland: 4:11-CV-3902 TMP 8 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

FACTS SUMMARY OF CORRUPT MARSHALL COUNTY COURT MARSHALL COUNTY SHERIFF ACTIONS

1. The Plaintiff clearly wishes to speak freely, wishes to tell her side, and make her peace, as it has all been suppressed with corruption in the Marshall County Circuit Court, as the Marshall County Court in itself became-is much of the problem, with the COURT ITSELF the PROBLEM, in relation to all other crimes being committed against the Plaintiff. The Defense attorneys will all have you believe Plaintiff got her day in Court. They would say, Why, the Court can never be corrupt, Plaintiff is just a sore loser! REALLY? Well, I can assure you, this is one of those cases that is not going away until real truth in justice is obtained. This case is going to Jury Trial this time. 2. Nothing further will be done behind Plaintiffs back, behind closed doors. All attorneys will conduct this case in the light of day, any and all process and meetings will be recorded face to face with Plaintiff present, scheduling meetings will be recorded, and there will be a substantial number of Depositions taken, otherwise refused, any other process is null & void, and will be disregarded by Plaintiff. 3. There will be full Due Process, where jury will be given full clear information to their true power & duty, NOT instructions, will be set out-explained to the jury correctly under U.S. Constitution law in this case, where the Jury will be read the truth, they determine the facts, the evidence and the law. If anyone disputes this, come forward NOW. 4. Plaintiff demands full view public Jury Trial with T.V. Media invited, a 6th Amendment Right and (2) private individual Co. will be recording
Kirkland: 4:11-CV-3902 TMP 9 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

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digital video. The peanut gallery will be filled to capacity with an all invited public watching. If anyone disputes this, come forward NOW. 5. In this way, the defense cant in good conscience, good faith, continue to argue they didnt know anymore or play more games. That rhetoric legalese is between them and God to their own judgment. There are things that need to be said, so Plaintiff asks the Courts understanding and patience to clean up these matters and enters these matters here first, before we can move on to the main form of this Complaint. 6. Plaintiff must speak the truth, setting the record straight in Plaintiffs position, where Plaintiff has not ever been allowed to sufficiently or constitutionally be heard, has not gotten her day in front of the Jury. Plaintiff can now finally-will set out her side to these events. 7. More substantial evidence is being prepared to enter into Court evidence from Plaintiff. 8. And some of the immediate Discovery will be under hostile condition, difficult to acquire and probably only acquired by subpoena, will be necessary, soon be requested, as necessary portions of the evidence is in custody and control of the Marshall County Court, Sheriffs Office, and the Peoples Bank of Commerce. 9. The most offensive part of this case now before you, the problem has been all along, Marshall County Judges -attorneys and these Defendants named dont respect the Court and the people that come before them, by subverting the law to a perversion of the law, clearly for attorneys financial monetary gains to their winning corporation clients, where attorneys have a controlled monopoly
Kirkland: 4:11-CV-3902 TMP 10 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

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especially in the local lower courts, ruling in favor of course to the big corporation with the most money, always at the expense, most often the demise of the innocent clearly in evidence here. In other words, its all only about who gets the money, not justice. Know that to most of you, God may likely have sentenced your fathers to the lake of fire and you will probably join them there too. Do any of you dare dispute this? Any questions? Come Forward NOW. 10. The Marshall County Judges, attorneys, and the Sheriff are all the pathetic epitome of this Summary that follows. 11. Forgive this counsel as a substantial part of Plaintiffs Complaint is due to their perversion of law that has significantly added to the confusion before the Court, and caused substantial harm, Damages with great delay to Plaintiff. These issues must still be set out, must and will be addressed accordingly. 12. Where first thing, this counsel must stretch the normal form of this Complaint substantially to do some Spring Cleaning caused by the Marshall County Court against the Plaintiff to clarify issues. 13. Marshall County Court will tell you the Plaintiff is the guilty party, who avoided Court, caused delay, didnt show up, didnt appear, and so forth. Its been a bit difficult for the Plaintiff to come forward when the judge denies Plaintiffs due process, complicating matters even worse, the bought and paid for Sheriff is continuously serving fraudulent, defective Arrest Warrants against her, some of which or perhaps all are not even signed by a judge, but signed forged by someone else against Alabama Code 15-7-4, lacking constitutionally correct authority where

Kirkland: 4:11-CV-3902 TMP

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U.S.C. TITLE 42 1983, 1985 et seq.

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judicially defective fraudulent Warrants are issued and False Instrument Forgery are (both) at issue here. 14. These so-called judges Warrants are repeatedly issued arresting the Plaintiff over & over, keeping her out, keeping her away from the Court locked up, allowing Defendants and their attorneys to take full rein control with one sided ex parte Court Judgments? It appears we have the elements of so many famous novels-movie portrayals, in the classic Good Ole Boy mentality of justice. That is what we have here, in this case, the Alabama Courts just another pathetic joke regardingreflecting the sad corrupt condition of the Courts in Alabama. 15. Law Schools preach, dont do things like this in a Pleading, and dont educate your adversary opponent in your Complaint, but in the corrupt pursuit of destroying the Plaintiff every which way they could come up with, Marshall County Judges-attorneys and the Sheriff in this case sure took the Cake, but they forgot to get the icing on it? So these Good Ole Boys really need some education over there before we get things started soHeres their education with icing ! Lets try Earl Pitts American theory in relation to their Good Ole Boy law mentality so that they might understand it a little better over there in Marshall County. 16. The following is by Plaintiffs counsel, and NOT Plaintiff. Ya no watt mayks me so dad bern mad? Whail, Ill tale ya, dishere Plain-tuff haz dun bin rung owlt ta dri, X-tinds an invertation to Marshall Bounty kwik her pik her upper Sheriff Scott Walls, fer him to cume on ferward by hims-elf, without a-turn-eez, under Oaf, we kordid on a moovin pitcher kodak in a publick ferum and X-plane his a eel sempole mine on da Lauw regardening A-rest War-ants, the Lauw, and
Kirkland: 4:11-CV-3902 TMP 12 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

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the U.S. Kahns - tuition? Would he ah bein abale 2 wreakoniz ayea reel lauwful tipe abubba War-ant, frum dah frog yulent tipe if hein a saw one? The answer is Yesuh. The Marshall Court Clerks would actually be stunned in seeing one too, shocked - with exclaim, would take the time to explain such a thang to the Sheriff ! Shocked - Websters Dictionary: A sudden and violent disturbance to the simple mind. Explain Websters Dictionary: To make plain or clear, to assign a meaning to. Assign Sheriffs Department Operations Manual: A speech command to make a Donkey do something. Exclaim - Websters Dictionary: to cry out suddenly and vehemently, as in surprise. Vehemently - Sheriffs Department Operations Manual: -The German pronunciation of a Bavarian named sport / luxury vehicle made by German engineeringVeh Germans haft das technology ! or is the intensity and feeling of a Sheriff Deputys expression to ignore Protect & Serve while trained to commit forceful violence against innocent people. (Failure To Train as County Policy, Custom, Practice.)

Kirkland: 4:11-CV-3902 TMP

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U.S.C. TITLE 42 1983, 1985 et seq.

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17. Attention Scott Walls before you get all Jerry Springer, why dont you explain why you had the Plaintiff, an innocent woman who had not committed any crime, stripped naked, sprayed with chemicals, and made to stand in front of Officers and others for around 40 minutes while her hair falls out to scare her? silence her? make an example out of her to scare others seeking lawful justice ? And of course JUSTIFY YOUR ACTIONS TO YOUR WIFE, YOUR KIDS, YOUR FRIENDS, THE COMMUNITY YOU ARE SUPPOSED TO PROTECT AND SERVE AND TO GOD. Woe to those who decree unjust statutes and to those who continually record unjust decisions, to deprive the needy of justice, and to rob the poor of My people of their rights. Isaiah 10:1,2 Then Peter and the other apostles answered and said, We ought to obey God rather than men. The God of our fathers raised up Jesus, whom ye slew and hanged on a tree. Acts 5:29,30 Tough choice Scott, but you do make the choiceyour wake-up call is ringing, will you answer & talk with Jesus ? Take note Scott: A. Scott Walls stipulates to a fraudulent defective Arrest Warrant placed against Plaintiff that is already in evidence on the face of the Record against YOU. Was the wool pulled over your eyes? (False Instrument Forgery). B. Scott Walls stipulates therefore, he does not understand the correct law or his Duty to the People, where he is in violation of law to both.
Kirkland: 4:11-CV-3902 TMP 14 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

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C. Sheriff Scott WallsWhat happened to Serve & Protect? Do you realize you are a puppet on a string?What master do you serve? You are actually working for the Corporation STATE OF ALABAMA and not the state Alabama We the People. D. You have demonstrated your actions on Record shows, stipulates admits you are either poorly educated unaware, or bought & sold, Scott which one is it? Or both? Are you owned by judges and to corporation payoffs, or will you be a man of God before the community? Are you not in violation of duty and to your Constitutional Oath? and the Bible? Do you not clearly understand the truth of the law? Do you not know, that you yourself are in very severe violation of law against the U.S. Constitution and the Bible? Have you ever read the Constitution? Have you ever read the Bible? If not, you are not qualified to be a Sheriff of the People. E. You need to sit down with a group of Pastors from local churches combined with a couple of University Professors on the Constitution and there you will learn truth you dont know or ignore on purpose. You have now clearly shown you are a violent threat to the People of Marshall County as proven here to Plaintiff. Everyone Pray for Scott Walls as he perhaps will choose to remain a lost soul, may God have mercy on him. 18. Contempt of Court: Barrons Law Dictionary 4th Edition: Criminal contempts are acts in disrespect of the court or its processes which obstruct the administration of justice. 199 S.W. 2d 613, 614. An act or omission tending to obstruct or interfere with the orderly administration of justice or to impair the dignity of the court or respect for its authority.
Kirkland: 4:11-CV-3902 TMP 15 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

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19. True Definition: The Court is the authority - law of U.S. Constitution document itself, where in the administration of justice, the Constitution itself, hears We The People, before a Jury of our peers, justly under the processes of the U.S. Constitution called Due Process, perhaps some of you may have heard of it, still due process makes the precedent joined in the law and procedural processes, none of which you Marshall County judges and attorneys obey or follow to your detriment before God. THATS WHY WE ARE ALL HERE TODAY ! 20. The Judge is not the Court. He, like you are simply officers of the Court. The Judge is commanded by the law of the U.S. Constitution Article VI [2][3] to perform his mandatory Duty under the law. This counsel therefore is upholding, defending the Law of this Court, which is the U.S. Constitution Law Document itself and the Supreme Law of the Land with the foremost respect, and dignity. 21. All judges derive only limited-restricted privileged power & authority from Article VI [2][3] during good Behavior. If any attorney or judge has a problem with this, COME FORWARD NOW. 22. Plaintiff will be preceding only in and under Article III constitutional common law court to all her constitutional Bill of Rights, procedures, due process to jury trial. If any attorney or judge has a problem with this, COME FORWARD NOW. 23. This Counsels Answer: Fact; I am not obstructing, interfering, or impairing the dignity or authority of this Court here, with what all of you judges, attorneys, or the Sheriff of Marshall County perceive
Kirkland: 4:11-CV-3902 TMP 16 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

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as derogatory disrespect. It is in-fact- you, the judges, attorneys, Sheriff, Officers of the Marshall County Court, that dont respect the Court where none of you even understand any of what or who the Court actually is, what it is lawfully supposed to do, or what it represents? Attorneys are the ones who make a mockery out of the Court in twisted convoluted legalese to Admiralty Maritime Martial law. 24. And Jesus said, Woe unto you also,ye lawyers! for ye lade men with burdens grievous to be borne, and ye yourselves touch not the burdens with one of your fingers. LUKE 11: 46 25. Woe unto you, lawyers! for ye have taken away the key of knowledge: ye entered not in yourselves, and them that were entering in ye hindered. LUKE 11: 52 26. When Jesus himself says Woe unto you lawyers? You could not give me enough gold & silver to step into your shoes to the day of judgment. Sands of the hour-glass wont help you here. What you guys need to do is keep a handy thermometer with you at all times to gauge your progress. Watch the temperature needle start to rise to the position Hot As Hell as you commit your dirty deeds. When the mercury pops, you have arrived. 27. U.S. Constitution- In American law, the word Constitution specifically refers to the written instrument which is the basic source from which government derives its power. The Constitution gives a permanence and stability to government and is not designed to protect
Kirkland: 4:11-CV-3902 TMP 17 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

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majorities, who can protect themselves, but to preserve and protect the rights of minorities against the arbitrary actions of those in power. 208 U.S. 412, 420. The Constitution is the basic law to which all others must conform. F. Supp. 925. It is the supreme law of the land and it cannot be abrogated even in part by statute. Elementary Watson! Does any of this even register in attorney brains? NO, sorry to say it never did. 28. I know, thats not the way the real world works. And what a sad shame you think like that. Be sure to mark your post judgment preference card; Would you like the smoking or the non-smoking section in Hell? 29. Plaintiff adamantly denies any Outstanding Warrants, ALL charges, ALL Judgments of Marshall County Circuit Court, which are in violation of law against, U.S. Constitution Article VI [2][3]. 30. Fraud Upon The Court. FRCP Rule 60 (b)(3). Vacates-Sets Aside, Voids All Marshall County Court Judgment. (See Memorandum of Law filed-was submitted into evidence to the Federal Court in Support.) 31. DENIAL OF DUE PROCESS VOIDS JURISDICTION PURSUANT TO; U.S. Constitution Article VI [2][3] and 5 U.S.C. 556 (D), 557 AND 706. Vacates-Sets Aside- Voids All Marshall County Court Judgment. 32. Criminal felony-misdemeanor-civil charges were apparently all filed against Plaintiff, yet, she was never given Due Process, never brought before a Jury, has never been convicted by any thing, or any crime, by any lawful Court of Record, or Jury Trial by Jury Verdict.

Kirkland: 4:11-CV-3902 TMP

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33. Any outstanding Arrest Warrant for Plaintiff by the Marshall County Circuit Court is a defective fraudulent instrument by Fraud. There is a complete lack of proper process, No Presentment, No Indictment, No lawful or proper Standing Witness, No Witness Signed Affidavit, No signed Jury Form, No Court of Record, No Jury, No Jury Conviction Verdict, whereby Plaintiff was denied all Due Process in her defense. 34. Contrary to popular judicial-attorney lore, one cannot waive their constitutional rights, as it is the judges absolute duty commanded by law

Written In Stone U.S. CONSTITUTION ARTICLE VI CLAUSE 2 CLAUSE 3.


U.S. Constitution Article VI [2][3] that the judge must honor, defend, protect, obey by this supreme controlling mandatory law requirement to ensure all Due Process and constitutional procedures judges must perform regardless. FAILURE to do so results in TREASON. 35. If any attorney or judge has a problem with this, Come Forward Now. 36. Marshall County Circuit Court Conviction obtained by plea of guilty which was unlawfully induced and not made voluntarily, forced against
Kirkland: 4:11-CV-3902 TMP 19 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

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Plaintiff's will, a lack of disclosure, with no understanding of the nature of the charge and the consequences of the plea. Conviction obtained by use of coerced-forced plea to what Marshall County Circuit Court alleges is a lawful confession. Sorry boys it is NOT. 37. What you DID was to committing a violation of the Plaintiffs 5th Amendment Right coercing, forcing a woman to testify against herself untruthfully. Even grade school kids understand this wrong against the law of the U.S. Constitution. If Judge Howard Hawk has a problem with this, He can publicly come forward now ! 38. Denial of Due Process. Denial of equal access to the Court. Denial of Equal Protection. Denial of effective assistance of counsel of choice. To the best of information and belief, Plaintiff has heard a Denial of Right of Appeal, based on some fraudulent violation of probation agreement she apparently was forced to sign against her will, (she cannot read or see without her prescription reading glasses) Plaintiff is not allowed to Appeal? Reallythey are saying that? Marshall County Circuit Judges serving justiceor are theyserving up just us? 39. Plaintiff was considered an easy target and served up on a silver platter, where Defendants didnt think anyone had her back. Now the table turns. 40. Plaintiff was not committed, imprisoned, detained, confined, nor restrained by virtue of any constitutional-lawful final judgment or decree of any competent tribunal of civil or criminal jurisdiction, nor by virtue of any proper lawful execution issued upon such judgment or decree. 41. Plaintiff Donna Jo Kirkland having been denied due course of law
Kirkland: 4:11-CV-3902 TMP 20 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

21

of the land was certainly unlawfully arrested, unlawfully incarcerated, forced to plea before a single-handed judge against the mandatory controlling supreme law of the land Judges must honor and Obey, the U.S. Constitution Article VI [2] and [3], the Judges themselves in complete violation of law with a total lack of subject matter jurisdiction, only Under Color of State Law. A matter of Criminal Capital Felony Treason. Article III Section 3 [1] and amazing in itself found also in the 14th Amendment Sect. 3. 42. Plaintiff has witnesses, testimony and evidence in an offer of proof that Plaintiff is innocent, and this time must be allowed to present all of her evidence and witnesses before the Jury. 43. Plaintiff commenced an action in the United States District Court for the Northern District of Alabama against Sheriff of Marshall County Scott Walls, various other county officials along with particular private individuals Christopher Duvall, Lorean Duvall, ex-Police Officer Chuck Van Etten and Brenda Barnes CEO of Peoples State Bank of Commerce. This lawsuit was commenced upon Constitutional Rights violations as well as Banking Fraud where the Defendants joined in conspiracy aided and abetted the local bank, Peoples State bank Of Commerce in Grant, Alabama who wrongfully Foreclosed on me, and I was not in default on payments and I have shown proof to substantiate my claim which copies of the checks in payment, Insurance, Contracts to supporting Documents have already been submitted to the Federal Court in evidence, all of this was all denied ignored in Marshall County Circuit Court by (3) judges who protect each others back in their corruption rather than seek justice, these judges are Tim Jolley, Tim Riley and very pathetic Howard Hawk.

Kirkland: 4:11-CV-3902 TMP

21

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

22

44. I have been arrested four times and detained unlawfully with the last time ending in the Defendants being able to hold me without cause and in violation of my Due Process rights and bearing a great appearance of excessive bail, Summary Judgment, trying to impede my access to the court to redress my grievances in this matter. If I am restrained of my liberty I am unable to adjudicate the suit against the Defendants. 45. It is also apparent from information and belief that Sheriff Scott Walls has at least one other constitutional lawsuit filed against him for the death of a woman in his jail. 46. I have made substantial numerous Police Reports, Affidavits, to counts of harassment committed against Plaintiff by Mr. Christopher Duvall, Lorraine Duvall, Chuck Van Etten, and have numerous times reported to the Marshall County Sheriff Scott Walls, Sheriff Deputies and the District Attorney in these instances but was totally ignored by all, but rather, unjustly, unlawfully they turned around against me. 47. Judge Tim Riley issued a Restraining Order between myself and Mr. Duvall and our families at the first hearing over the alleged harassment charges until the issue could be adjudicated and thats when Mr. Duvall filed another falsified complaint which violated the Restraining Order and Judge Riley did nothing to have Mr. Duvall arrested. This Defendant violated a Restraining Order, pursuant to Section 527 of the Code of Civil Procedure? Judge Riley though, rather signed the Order and allowing-having me arrested on this false charge instead. 48. Plaintiff has finally received, seen a (MOTION FOR DEFAULT JUDGMENT) submitted November 15, 2011 issued from attorney
Kirkland: 4:11-CV-3902 TMP 22 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

23

T. Mark Maclin # MAC032 for Defendants Sheriff Scott Walls et. al., wherein Maclin has put thy foot down thy mouth, has well set out the Defendants Sheriff Scott Walls et al., agreed, approved, stipulations admitting to Plaintiffs claimed allegations of Defendants violating Plaintiffs constitutional Rights and to their joined Conspiracy in Summary in Maclins Motion, (speaking of the incident where Plaintiff was stripped naked and made to stand in front of Officers and others, put in solitary confinement for 5 days held sleeping on a concrete slab, then with coercion by forced threat of physical harm, ordered to sign papers (in Jail while handcuffed and shackled to her waist-NOT in a courtroom) forced to plead guilty or else...carried on page 2 paragraph 6 of Maclins Motion, Maclin wrote about this same offense with the following: 49. MOTION FOR DEFAULT JUDGMENT- FILED NOVEMBER 15, 2011. Quoted At paragraph 6. Additionally, Plaintiff was arrested on November 3, 2011 and November 10, 2011 for offering false instruments for recording to the Probate Court. The instruments in question are the above referenced claims of lien. On November 14, 2011, Defendant pled guilty to each of these counts in Marshall County District Court, Case Numbers DC-2011-1992 and DC-2011-1998, respectively. A copy of these plea agreements, as well as Defendants plea in Marshall County District Court Case Number DC-2011-1692, are filed herewith. As set forth therein, as a special condition of probation Defendant agreed to withdraw, remove, or dismiss any and all filings, pleadings, liens, motions, or any other actions affecting the victims of those charges, which victims included, but were not limited to, the Plaintiffs of this action. Defendant further waived any right she might have to appeal her guilty pleas. As such, even if Plaintiff had timely responded to the Plaintiffs complaint and counts against her, or if Plaintiff were to appear and contest same at this
Kirkland: 4:11-CV-3902 TMP 23 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

24

time, Defendant would have no reasonable chance of success on the merits of Plaintiffs' claims. End Quote. 50. Thank you T. Mark Maclin. Marshall County Sheriff Scott Walls is a victim? Your clients are VICTIMS ? Maclin criminal charges were filed against Plaintiff, yet she was never brought before a Jury, has never been convicted by any lawful Jury Trial, Jury Conviction Verdict. 51. What you have are single-handed armed thugs with a desired corrupt objective. What you dont have is a Jury Conviction. 52. That is superb stipulated admission by YOU, their own attorney as a Witness against your own clients, of evidence against YOU and to your own clients admitting, demonstrating their Malicious Prosecution Abuse of Court Process, against U.S. Cont. Article VI [2]. You show your clients acts, acting under color of state law committing these unconstitutional, unlawful violations against Plaintiffs constitutional Rights and YOU point out actual proof-evidence of the Dates, where the Plaintiff had already been in Jail for 5 days, the Plaintiff in Jail when and where she was forced to sign papers while she was handcuffed-shackled to her waistforced to testify falsely against herself or else? then explains - goes to show your clients motive joined in their Conspiracy against her. Even grade school kids have an understanding of the principle in the 5th Amendment that a person cannot be compelled to testify against themselves. You have just become the Poster Boy for bad lawyerin So thank you. 53. Brenda Barnes CEO. Background history: Corporation CEO, of Peoples State Bank Of Commerce Corporation, Branch Office
Kirkland: 4:11-CV-3902 TMP 24 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

25

in Grant, Alabama, incorporated in Tennessee. Plaintiff sent Brenda Barnes (2) Certified letters asking for the Original Bank Note on the Bank Loan in November - December 2010. Brenda Barnes never produced the Original Note. Nor can she. Brenda Barnes was mad, quite upset that this banking truth will get out, people knowing all her banking tricks of deceit and secretes, deeply involved in Banking Fraud, Securities Fraud. 54. Plaintiff and Brenda Barnes went to same schools growing up, knew of each other since Jr. High, then had a business relationship for 18 years. Plaintiff after 18 years as a loyal bank customer, with a perfect record of Mortgage payments all those years without blemish, this detrimental Conspiracy was unfolded against Plaintiff. 55. The $300,000.00 Dollar Question- Why? Brenda Barnes should have been a friend, an ally in alliance to one another but the $300,000.00 Plaintiff paid back to the Bank so far, was not enough money on a note of 130,000.00? That Brenda Barnes without any hesitation? Instantly wanted, immediately took Plaintiffs land and Corvette? Brenda Barnes quickly moved against, falsely accused Plaintiff before Marshall County Authorities by omission, concealment, suppression of evidence. Brenda Barnes CEO, and Peoples State Bank of Commerce, next door neighbors Chuck Van Etten, Christopher and Cora Lorean Duvall stood before the Court giving falsified, fraudulent, perjured testimony to Judges causing Plaintiff to be taken under False Arrest, False Imprisonment, Plaintiff stripped naked before Police Officers and others, physically harmed, ridiculed, defamed with her land unlawfully taken from Plaintiff by the further utilized political prosecuting powers of the Marshall County Prosecutor and the State of Alabama Attorney Generals Office-Luther Strange involved?
Kirkland: 4:11-CV-3902 TMP 25 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

26

56. How in the World did all that just simply happen?to one woman who has NOT committed any crime, who did not start this, who was trying simply to be left alone minding her own businessWell, the Marshall County Court Record itself demonstrates Criminal Conspiracy under the Act of Treason to acquire money and prime real estate? Why do powers and especially their attorneys come down to converge like this on an innocent womanthe scent of Easy Money of course! 57. This case has nothing, and I do mean absolutely nothing, to do with Plaintiff committing any crimes, breaking the law and such, rather its always just about easy money. The Attorney Generals Office for Gods sake? Really? If this had not become such a serious violent miscarriage of justice against this Plaintiff, it would be seen otherwise extremely laughable where issues have become and will remain controversial in the public domain to Marshall County and Defendants. If ever when the term kangaroo court has been cited before, this is the epitome of the combined Zoo & Circus: defined in Websters Dictionary A large public entertainment featuring performing animals, clowns, feats of skilled attorneys and daring, for the whole family to watch and enjoy, for fun, excitement, or uproar. 58. In a nutshella single petite 90 lb. woman and her handicapped sister who just happened to own very desirable prime real estate on the main Cathedral Caverns Highway that she by herself worked hard for and paid for all her life to have and enjoy for retirement by the sweat of her brow, and then a bunch of criminal minded thugs (Defendants) come along and see that plaintiff and her handicapped sister are on their own with no immediate help or protection around heran easy target? YES, she was.

Kirkland: 4:11-CV-3902 TMP

26

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

27

59. Thereby, Judges Tim Jolley, Tim Riley, Howard Hawk cannot Act to over-ride U.S. Constitution Article VI [2][3], Supremacy Clause and constitutional Oath and ignore Due Process without the Jury, causing a complete lack of Subject Matter Jurisdiction where these Marshall County Judges are found without Judicial Sovereign Immunity, are guilty on the Record to grounds of Criminal Capital Felony Treason to the American People, citizens of Marshall County and most certainly, the Plaintiff. 60. Therefore, Plaintiff has not ever been constitutionally-lawfully convicted of any crime before a Jury. All is null & void under the controlling Law of the U.S. Constitution, even unto FRCP Rule 60 (b)(3). See Motion in Support, MOTION TO VACATE - SET ASIDE - VOID
ALL MARSHALL COUNTY CIRCUIT COURT JUDGMENT ORDERS VOID BY FRAUD RULE 60 B (b)(3).

61. The Plaintiff, is now seeking direct redress and remedy for the ( 5 ) Defendants (supra) wrongful acts against Plaintiff claimed in this Complaint who are retained, shall remain as the original proper Defendants who started this, committed unlawful-unconstitutional Rights violations, Property and Contract violations, numerous Intentional Torts, all ( 5 ) Defendants joined together in Conspiracy to get rid of-remove Plaintiff from her lawful Home and Property in the attempt to take portions of Plaintiffs Property for themselves, their personal use and for their own monetary gains where Plaintiff has suffered Injury and Damages for their unlawful actions, AND IN ADDITION, Plaintiff also asks for Declaratory Prospective Injunctive Relief Order(as justice requires), against these Marshall County Officials, Town of Grant Officials, Alabama State Officials

Kirkland: 4:11-CV-3902 TMP

27

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

28

Defendants (infra) that are herein involved in the matters within this Amended Complaint, therefore now Dismissed. 62. So again to be clear, in addition, Plaintiff seeks further the Federal Courts Declaratory Prospective Injunctive Relief, Rule 57 pursuant to Title 28 U.S.C. 2201 as justice requires from all local Municipal or Town of Grant, Alabama Officials, Marshall County Officials, State Officials as they are herein named - listed below, Dismissed immediately with the following, as they will be sure in claiming and taking full advantage of their so-called protective shields of full tyrannical Judicial Sovereign Immunity and Qualified Immunity. 63. Defendants previously named in Plaintiffs Lawsuit, or on any other corresponding Pleadings, or that were to be retained to this amended Complaint, stipulate as named and listed immediately below where, As such, clarification must be made here at the top. FIRST: To assure the dismissal of these former Defendants named or were to be held retained as Defendants, clarification is made to list by Name, Actions Committed, and Dismisses the following: 64. PLAINTIFF NOW RELEASES THESE DEFENDANTS UNDER THEIR DEFENSE CLAIMS TO JUDICIAL SOVEREIGN AND QUALIFIED IMMUNITIES, are herein released, dropped from this Complaint as these named listed & numbered Defendants infra, are no longer Defendants, and are dismissed from this complaint. 65. Sheriff Scott Walls is (Sovereign) Above The Law Scott Walls did commit:
28 U.S.C. TITLE 42 1983, 1985 et seq.

Scott Walls Marshall County Sheriff DID JOIN IN CONSPIRACY


Kirkland: 4:11-CV-3902 TMP

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

29

AND COMMITTED INTENTIONAL STATUTORY, CONSTITUTIONAL, AND TORT VIOLATIONS PURSUANT IN AND UNDER 42 U.S.C. 1983, 18 U.S.C. 242,

18 U.S.C. 241, CONSPIRACY 42 U.S.C. 1985 et seq., violating Plaintiffs

1st, 4th,5th, 6th,8th,9th,11th,13th and 14th Amendments, INTENTIONAL POLICE


MISCONDUCT Title 42, U.S.C., Section 14141, COUNTY POLICY CUSTOM VIOLATIONS (FAILURE TO TRAIN,) TRESPASS TO LAND AND CHATTELS, ASSAULT AND BATTERY, FALSE ARREST, FALSE IMPRISONMENT, USE OF UNNECESSARY FORCE DURING ARREST, CRUEL AND UNUSUAL PUNISHMENT, PRIVATE NUISANCE, INVASION OF PRIVACY, DEFAMATION, DEPRIVATION OF DUE PROCESS, DEPRIVATION OF RIGHTS UNDER COLOR OF STATE LAW 18 U.S.C.

242 et seq., INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS, NEGLECT


TO PREVENT 42 U.S.C. 1986 et seq.,

Plaintiff reported her Mother being

attacked by dogs owned by the Defendant Christopher Duvall directly to Sheriff Scott Walls. Scott Walls told Plaintiff to move away. The report was completely ignored, taking no action whatsoever. Infection from wounds set in, never dissipated, contributing to, causing further complication to her immune system at the time of her death. Aiding, Abetting Conspiracy, Fraud Upon the Court, Fraudulent False Documents, False Instrument Forgery, Fabrication Of Evidence; Theft, Deprivation of Property, intentional Perjury with malice to Conspiracy and Treason, committed in Bad Faith under Color of State Law set by the evidence on the record itself, res ipsa loquitur. 66. JUDGES:

Kirkland: 4:11-CV-3902 TMP

29

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

30

A. Tim Jolley Marshall County District Court Judge Tim Jolley unlawfully took and gave a portion of Plaintiffs land to former Grant Police Officer Chuck Van Etten as a favor was all based on a frivolous, ridiculous argument and evidence of an aerial photograph that Chuck Van Etten magically had adverse possession, and then used physical destructive force to take Plaintiffs land with a bulldozer where she has been in full lawful possession for over 34 years, property and taxes paid in full, by Title Deed and Land Patent. The adverse possession rhetoric and some foolish aerial photograph was further corruptly described by Judge Tim Jolley as clear and convincing evidence, How does that happen ? Tim Jolley! ( He himself is a judicial error.) Its always in the name, (jolley), Cheerfully festive, to keep in good humor in the hope of gaining something. B. Tim Riley Marshall County District Court Judge Its in the name, from the root rile, to make upset. Tim Riley completely ignored that Plaintiff was innocent and seeking help to the Court from horrendous neighbors illegally taking her property by actual physical force, but rather Tim Riley jumps on board the conspiracy to take Plaintiffs lawful owned land for future use of Marshall County (prime real estate located along Cathedral Caverns Highway). C. Howard Hawk Marshall County District Court Judge Howard Hawk had Plaintiff brought to a side-room inside the Jail handcuffed, shackled, chained to her waist, after sleeping on concrete for (5) days and ordered her to sign a confession of crimes she did NOT commit

Kirkland: 4:11-CV-3902 TMP

30

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

31

or else he would make things worse for her and keep her in Jail, forced Plaintiff to sign a number of documents such as pleading guilty, waiving her Rights, promising not to Appeal, promising not to sue him, Deputies, or others involved against her in a conspiracy. Noweven Grade School kids know such things are wrong unlawful where this is perhaps the best well known understood Right an American has, the 5th Amendment Right clause that forbids someone forcing another person to testify against themselves, nor shall be compelled in any criminal case to be a witness against himself, Its always in the namea Hawk seeks its prey. D. Virginia Hopkins Federal District Judge Due to Virginia Hopkins denial of requested (TRO) for Donna Jo Kirkland (Plaintiff), effected the Plaintiff with a complete lack of protection to finally have or enjoy equal protection, equal access to the Court, denying her Due Process, with the consequences of immediate irreparable injury which the Plaintiff was falsely arrested once again, ordered-stripped naked, sprayed with pressured chemical making her hair fall out, made to stand naked in front of Officers and others for 40 minutes, jailed in solitary confinement and forced to sleep on a concrete slab for 5 days, while Plaintiffs sister, Carolyn Sue Kirkland, (an epileptic seizure patient) suffered the loss and care by her sister Donna Jo, jeopardizing, putting Susies health and well being at substantial risk for 5 days. Good job Virginia Hopkins, for not taking the time or concern to give Plaintiff a Preliminary Injunction. Sheriffs Police never lie, never harm women, and should never be restrained from doing whatever they want to do to women. I believe you just helped set a precedent in the law that turns womens Rights back quite a few years. Unfair you sayjust a Preliminary Injunction (reversible if Plaintiff was not telling the truth)
Kirkland: 4:11-CV-3902 TMP 31 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

32

costs you nothing, but cost the Plaintiff very serious detrimental psychological damage thanks to you. You are indoctrinated You are programmed by law schools deceptive education curriculum past your own intelligence to perceive it. Im a sinner too, but the difference between us is well, The Anti-Christ will have a valuable asset in you where you will probably achieve an Employee of the Month Plaque. You should consider quitting your day job and start spending a lot of time in church. The namelets seeWill Virginia Hopkins deny you seeking justice and help hop your kin into the slammer? Yes she does! 67. All Judges committed or violated: FRAUD UPON THE COURT
MANDATORY LAW AND PROCEDURES ALL JUDGES MUST HONOR, PROTECT, DEFEND, AND OBEY COMMITTED BY JUDICIAL VIOLATIONS OF THE UNITED STATES CONSTITUTION CONTROLLING LAW AND MANDATORY PROCEDURES ARTICLE VI SECTION 1(2) SUPREMACY CLAUSE, ARTICLE VI SECTION 1(3), OATH OF OFFICE, ARTICLE III SECT. 3 (1) TREASON, AMENDMENT 14 SECT. 3 TREASON, ARTICLE 1 SECT.10 (1) CONTRACTS, ARTICLE III SECTION 2(3) JURY, All in violations of Plaintiffs Due
st th th th th th th th

Process, Equal protection to and under Articles 1 , 4 , 5 ,6 ,7 ,8 , 9 ,11 ,

13th , and the 14th Amendments or Articles, CONSTITUTIONAL BILL OF


RIGHTS VIOLATIONS WITH LACK OF SUBJECT MATTER JURISDICTION, PURSUANT AND UNDER 42 U.S.C. 1983 et seq. CONSPIRACY 42 U.S.C. 1985 et seq. STATUTE: 18 U.S.C. 242 et seq., STATUTE 18 U.S.C. 241 et seq. EXTRINSIC FRAUD, JUDICIAL MALFEASANCE, CONSPIRACY AGAINST RIGHTS, DEPRIVATION OF DUE PROCESS, CONSPIRACY, MALICIOUS PROSECUTION, FRAUD UPON THE COURT, JUDICIAL OBSTRUCTION OF JUSTICE 18 U.S.C. 2

Principles 18 U.S.C 1503, Attempted Extortion Under Color Of Official Right 18


U.S.C Section 1951 (b)(2), FAILURE TO TRAIN IN MARSHALL COUNTY POLICY TO POLICE MISCONDUCT, ALLOWED INTRINSIC FRAUD PERJURY TESTIMONY
Kirkland: 4:11-CV-3902 TMP 32 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

33

UNDER OATH 18 U.S.C. 1621, 18 U.S.C. 1001, ATTEMPTED EXTORTION UNDER COLOR OF RIGHT 18 U.S.C. 1951 et seq. HOBBS ACT, MISPRISION OF FELONY 18 U.S.C. 4, ACTION FOR NEGLECT TO PREVENT 42 U.S.C. 1986 et seq., INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS, all

going to and effecting-violating the Plaintiffs complete Due Process-Equal Protection to right to Redress, Freedom of Speech, Freedom of Association to The Right to Constitutional Counsel, Reasonable Access To the Courts, The Right To A Fair Jury Trial, the Knowing Use of Perjured Testimony, Cruel & Unusual Summary Judgment Punishment (Jail), Abuse Of Process, Interference With Contract Rights, Trespass to Land, Conversion, Unlawful Foreclosure, Kidnapping, BriberyBlackmail, Extortion, Assault, Deprivation of Property, False Imprisonment, Coerced guilty Plea, all that simply stands on the record itself is in very certain clear view evidence, resulting in very certain DAMAGES TO COMPENSATORY, SPECIAL, PUNITIVE AND where you all deserve Federal Prison for your acts of CRIMINAL CAPITAL FELONY TREASON, res ipsa loquitur. 68. Cheryl Pierce - Marshall County Court Clerk- JOINED IN CONSPIRACY Pursuant to and under 42 U.S.C. 1983, 42 U.S.C. 1985 et seq., 18 U.S.C.
241 et seq., 18 U.S.C. 242 et seq., EXTRINSIC FRAUD, CRIMINAL MALFEASANCE, DEPRIVATION OF DUE PROCESS, CONSPIRACY AGAINST CONSTITUTIONAL RIGHTS, ACTION FOR NEGLECT TO PREVENT 42 U.S.C. 1986 et seq. AIDING-ABETTING TO FRAUDULENT FALSIFIED DOCUMENTS, THEFT, TRESPASS, FALSE ARREST, FALSE IMPRISONMENT, ASSAULT & BATTERY, MISREPRESENTATION, CONVERSION, ACTING IN BAD FAITH UNDER COLOR OF STATE LAW TO JOIN IN FRAUD UPON THE COURT - JUDICIAL CRIMINAL CAPITAL FELONY TREASON, and

one of her specialties, Cheryl Pierce and her associate underling clerk girlfriends issue False Instrument Forgery

Kirkland: 4:11-CV-3902 TMP

33

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

34

Warrants to arrest people the Clerks themselves decide who they want to arrest? 69. Charles Coffen Marshall County Deputy- JOINED IN CONSPIRACY pursuant to and under 42 U.S.C. 1983 et seq., 42 U.S.C. 1985 et seq., 18
U.S.C. 241 et seq., 18 U.S.C. 242 et seq., COMMITTED INTENTIONAL POLICE MISCONDUCT Title 42 U.S.C. Section 14141, FRAUDULENT FALSE DOCUMENT,
COUNTY POLICY & CUSTOM (FAILURE TO TRAIN), INTO TRESPASS, THEFT OF

Plaintiffs 1998 Chevrolet White Corvette, Breaking and Entering,

damage to property. Made Plaintiffs 3rd FALSE ARREST, FALSE


IMPRISONMENT, ASSAULT AND BATTERY, LARCENY THEFT, INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS, ACTING WITH KNOWLEDGE IN BAD FAITH UNDER COLOR OF STATE LAW.

70. Billy Dobbins Marshall County Deputy- JOINED IN CONSPIRACY,


PURSUANT AND UNDER 42

U.S.C. 1983, 1985 18 U.S.C. 241 et seq.,

18 U.S.C. 242 et seq., POLICE MISCONDUCT Title 42, U.S.C.. Section 14141,
COUNTY POLICY VIOLATIONS (FAILURE TO TRAIN), TRESPASS, PRIVATE NUISANCE, ASSAULT AND BATTERY, USE OF UNNECESSARY FORCE DURING ARREST, FALSE ARREST, FALSE IMPRISONMENT, ABUSIVE LANGUAGE, USES GODS NAME IN VAIN, INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS, ACTING WITH BAD FAITH UNDER COLOR OF STATE LAW.

71. Roger Spears Marshall County Deputy- JOINED IN CONSPIRACY PURSUANT AND UNDER 42 U.S.C. 1983, 1985 CONSPIRACY, 18 U.S.C. 241
et seq., 18 U.S.C. 242 et seq., POLICE MISCONDUCT Title 42. U.S.C.. Section 14141,
COUNTY POLICY VIOLATIONS (FAILURE TO TRAIN), FALSE DOCUMENT, TRESPASS, PRIVATE NUISANCE, ASSAULT AND BATTERY, ABUSIVE VULGAR LANGUAGE AND USING GODS NAME IN VAIN , USE OF UNNECESSARY FORCE DURING ARREST, FALSE ARREST, FALSE IMPRISONMENT, INTENTIONAL
Kirkland: 4:11-CV-3902 TMP 34 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

35

INFLICTION OF EMOTIONAL DISTRESS, ACTING WITH BAD FAITH UNDER COLOR OF STATE LAW.

72. Phillip Smith Marshall County Deputy JOINED IN CONSPIRACY PURSUANT AND UNDER 42 U.S.C. 1983, 1985 CONSPIRACY, 18 U.S.C. 241
et seq., 18 U.S.C. 242 et seq., POLICE MISCONDUCT Title 42, U.S.C.. Section 14141,
COUNTY POLICY VIOLATIONS (FAILURE TO TRAIN), TRESPASS, PRIVATE NUISANCE, ASSAULT AND BATTERY, USE OF UNNECESSARY FORCE DURING ARREST, FALSE ARREST, FALSE IMPRISONMENT, ABUSIVE LANGUAGE VERBALLY YELLING, THREATENING PLAINTIFF AND HER SISTER SUSIE , INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS, ACTING WITH BAD FAITH UNDER COLOR OF STATE LAW.

73. Ray Trammel Grant Police Officer JOINED IN CONSPIRACY PURSUANT AND UNDER 42 U.S.C. 1983, 1985 CONSPIRACY, 18 U.S.C. 241
et seq., 18 U.S.C. 242 et seq., POLICE MISCONDUCT Title 42. U.S.C.. Section 14141, HARASSING COMMUNICATION with fraudulent fabricated threats made to put Carolyn Sue Kirkland and Plaintiff into conflict with DHR, ordered Plaintiff

and sister Susie to get off her own lawful property, COUNTY POLICY
VIOLATIONS (FAILURE TO TRAIN), TRESPASS, PRIVATE NUISANCE, FALSE DOCUMENTS, (3) separate

occasions of ASSAULT AND BATTERY, USE OF UNNECESSARY FORCE

DURING ARREST, FALSE ARREST, FALSE IMPRISONMENT, ABUSIVE LANGUAGE, INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS, ACTING WITH BAD FAITH UNDER COLOR OF STATE LAW.

74. Steve Marshall Guntersville District Attorney- JOINED IN CONSPIRACY. Steve Marshall (had full knowledge), knew Plaintiff Donna Jo came to file charges at his office for a Restraining Order to be issued against Christopher Duvall. Steve Marshall ignored, denied Plaintiffs complaint, failing to investigate or file a report
Kirkland: 4:11-CV-3902 TMP 35 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

36

and sent Plaintiff away completely dropping the matter. Conspired with the other defendants, Judge, Police Officers, in advance of trial to predetermine the outcome. Ashelman v. Pope 793 F. 2d 1072 (9th Cir. 1986), When a constitutional wrong based on a prosecutor's acts is complete before the prosecution begins, the prosecutor's acts should not be protected by immunity. Buckley v. Fitzsimmons 919 F 2d 1230 (7th Cir Ill 1990) Prosecutor thereby commits a premeditated suppression of material evidence and knowingly made use of perjured testimony. Imbler v. Pachtman, 424 U.S. 409, 430-31, 96 S.Ct. 984, 47 L. Ed.
2d 128 (1976).

75. David Lee Jones Jones, Milwee, & Ross. Attorney- David Jones was the attorney for the Peoples State bank of Commerce that is responsible for unlawful Foreclosure January 2011 against Plaintiff. He had full knowledge of the Fraud. Made verbal assault on the steps of the Marshall County Courthouse to the Plaintiff, said he was Mortgagee and Mortager's attorney at the same time (a conflict of interest) in documents he filed in the Courthouse, and also denied knowledge of Plaintiffs filed federal lawsuit against Foreclosure, David Jones stated City Attorney Dan Warnes furthered a breach of trust & confidentiality to his clients / or cases saying Dan Warnes told me all about Donna Jo Kirkland. As the Peoples State Bank of Commerce attorney, therein certainly having full knowledge of Banking Fraud Practices, by omission, concealment, suppression of evidence and the truth of the Banks deceitful criminal activities to committing Banking Fraud, David Lee Jones himself has perpetuated, aided & abetted Peoples State Bank committing Banking Fraud against Plaintiff, David Jones guilty of Bank Fraud himself, committing Fraud Upon the Court, misleading the Court in an Abuse of Process, to a malicious prosecution of Plaintiff, where he makes his money off railroading people into forced foreclosures.
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76. Mark Maclin T. Attorney for Marshall County Sheriff Scott Walls and Sheriff Deputies. T. Mark Maclin with knowledge to the contrary, did accuse Plaintiff himself of false criminal charges and acting in violation to his sworn Oath, Bar Rules of Ethics, Rules of Court and against the law, proceeded to perpetuate Fraud Upon the Court, an Abuse of Process, a malicious prosecution brought against plaintiff knowing as a professional attorney, he was unconstitutionally moving the Court against Plaintiff to line his pockets with Gold. 77. Ryan Clark Judge Tim Jolley, Marshall County Circuit Judge, unlawfully gave Ryan Clark Plaintiff's land through illegal foreclosure. Ryan Clarks Dad is an employee of Peoples State Bank. Ryan Clark with knowledge of Brenda Barnes involvement in conspiracy against Plaintiff, guilty of receiving stolen property. 78. Melvin Yates- Neighboring Property Owner- JOINED IN CONSPIRACY Pursuant to and under 42 U.S.C. 1983 et seq., 42 U.S.C. 1985 et seq., 18
U.S.C. 241 et seq., 18 U.S.C. 242 et seq., AIDING ABETTING JOINED TO
CONSPIRACY TO FRAUD UPON THE COURT, PERJURY, TRESPASS, HARASSMENT, STALKING, DAMAGE TO PROPERTY, ASSAULT AND BATTERY, GRAND LARCENY THEFT, DEPRIVATION OF PROPERTY.

79. David Phillips JOINED IN CONSPIRACY Pursuant to and under 42 U.S.C. 1983 et seq., 42 U.S.C. 1985 et seq., 18 U.S.C. 241 et seq., 18 U.S.C. 242 et seq., Works for Marshall County Commission. Mapping / With knowledge, wrongfully-unlawfully transferred Title of Plaintiffs land over to Ryan Clark. 80. G & G Towing Vehicle Repo Company-JOINED IN CONSPIRACY,

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BREAKING & ENTERING, (2) TRESPASS, LARCENY THEFT OF AUTO, CONCEALMENT, CONVERSION, DAMAGE TO PROPERTY, FALSE DOCUMENTS.

81. Beaul Hunkapiller Land surveyor JOINED IN CONSPIRACY TO


TRESPASS, FILED FALSE DOCUMENTS, FIDUCIARY MISCONDUCT, PERJURY, MISREPRESENTATION, FRAUD, CONVERSION.

82. The Advertiser Gleam- Guntersville, Alabama Newspaper Publisher-Defamation Filed written published Libel Defamation to the general public destroying Plaintiffs good name because the publisher makes money and thinks it is OK to print anything attorneys say unquestioned, unverified. In the day of our Founding Fathers, a newspaper publisher knew better. This one doesnt. Now the Gleam is chocked full by the attorneys to Foreclosures. Whos-Whats next? 83. Eddie Kennamer- Town of Grant resident - Made False perjured testimony under Oath in open Court. 84. Cindy Kennamer- Town of Grant resident Made False perjured testimony under Oath in open Court. 85. Josh Kirkland Marshall County Sheriff Deputy Chain-locked the Plaintiff to a wall, standing while handcuffed & shackled in the Marshall County Jail for the better part of an hour. 86. Plaintiff, as a Christian woman, a child of God, forgives these persons just listed, she forgives you, and you are dismissed from this Complaint. 87. Plaintiff feels disgust as to offend her moral senses, contempt
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as their mean, worthless, and disgraceful acts stand before the Lord in evidence in shame, and sad sorrow for a Marshall County legal system that in their unholy dishonor, corruptly obstructs the righteous manner in the administration of justice in truth, that one day, these judges, attorneys, clerks and legal office staff and the Defendants that lie, steal, cheat, or aid & abet liars, thieves, cheaters, ALL will stand before God on Judgment Day with the blood of all the innocent victims upon their heads, all of whom they unjustly destroyed so tell us, How do you think God will judge you based on how you judged? Yeah, perhaps you might pack a case of water and some sun screen. 88. CONSTRUCTIVE ADMINISTRATIVE NOTICE
TO ALL MARSHALL COUNTY, TOWN OF GRANT, OFFICIALS, SHERIFF, DEPUTIES, POLICE, EMPLOYEES, INDIVIDUALS, AND ALL JUDICIAL AND COURT OFFICERS

89. Marshall County and Town Of Grant, Alabama Officials now herein receive this Notice. Plaintiff extends to you that anyone named (supra) above who wishes to waive their Immunity Defenses continuing to Stand Trial, where you will take your chances in front of the Jury and possible Jury Verdict of Prison, thereby, if or should any of you at all disagree or dispute this matter, then you should notify the Plaintiff and this Court. Silence to this notice will according to law be interpreted as certain acquiescence to claimed and accepted Sovereign Immunity and Qualified Immunity. You must waive your immunity defense to join, defend, dispute, or enter back into this lawsuit. In doing so, you will be reinstated to this complaint, all charges found against your name will be fully implemented against you going to Jury Trial Verdict Conviction.

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90. Marshall County, Town Of Grant shall then otherwise cease any and all attempts in further harassment to alleged claims and made against Plaintiff in any of these matters stemming from 2011-2012 regarding Marshall County Court Proceedings against Plaintiff. Marshall County, or Town of Grant Officials failure to act or perform as herein requested will show bad faith and will establish the fact that you are still involved in the attempt to perpetuate continued Fraud Upon The Court, aiding-abetting by applying or using unconstitutional, unlawful abuse of process, fraudulent conveyance and or abusive, deceptive, false, and or unfair tactics against me. Furthermore, if you remain silent to this direct request or are unable to verify and substantiate what I have requested, the legal concepts of estoppel by certain acquiescence- tacit admission, res judicata will become established, your assertions will be admitted invalid, a nullity, and unenforceable, thereby repudiated in entirety ab initio, thereby any continued action outside of adjudication of this Complaint and Notice, then you will have given evidence of intent and action to violate my constitutional Rights yet once again that will be a new cause of action to Marshall Countys, Town Of Grant, Alabamas Charters. Plaintiff demands any verified evidence in dispute, sworn to by a competent witness in Standing per Federal Rules of Evidence Rule 602, and any counter-affidavit must be in like form and kind, sworn to be true, correct, complete, and not misleading, and, along with any challenge to the facts and evidence alleged in my Complaint herein, notarized with signed blue wet ink personal signature, conformed by the Court Clerk. You will be required to Waive your complete Immunity protection to lawfully re-enter issues held in this Complaint or be able to make any such claim and stand as a complaining witness. Any attempt otherwise to cause interference from this day forward then, will initiate F.B.I.-Federal Criminal Prosecution at you.

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91. In support of these specific listed Defendants Dismissal, Plaintiff observes the following: 92. From Judicial Bench case law quoted in Stump Vs. Sparkman regarding Judges who protect Judges Judicial Acts against U.S.C. (United States Code) Title 42 Section 1983: 93. JUDGES JUDICIAL SOVEREIGN IMMUNITY SHERIFF, DEPUTIES, POLICE, QUALIFIED IMMUNITY IS ABSOLUTE IMMUNITY WITH IMPUNITY JUDGE STUMP Vs. SPARKMAN CASE

94. Attorneys now refer to Stump Vs. Sparkman as the leading case that grants judicial sovereign immunity to a judge, all others coming under his umbrella of protection, a judges absolute power corrupts absolutely. In reply, Plaintiff also observes the same as following: Judicial acts are protected by absolute immunity as far as all other judges are concerned, no matter what the cost. In several decisions, the Supreme Court has broadly defined judicial actions. In Pierson v. Ray, the Court held that the judicial functions of determining guilt and sentencing a criminal defendant are protected by absolute immunity. Subsequently the Court had to define the boundaries of "judicial" actions. In Stump v. Sparkman, 435 U.S. 349, 364 (1978), the Court held that Judge Harold D. Stump had performed a judicial act when he ordered a young teenage mentally retarded girl, a minor to undergo a tubal ligation. 'The Court explained that absolute immunity applies to actions taken by judges "in excess of [their] authority," If a judge with jurisdiction over criminal matters convicts a defendant of a nonexistent crime, then the judge has performed a "judicial act" in "excess of his jurisdiction. Furthermore, an action can be judicial even
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if it lacks the formality often associated with court proceedings. In determining whether an act is judicial, the question is whether the action is one normally performed by a judge. For example, in Stump the Court recognized absolute immunity for the judge's act of ordering a tubal ligation, even though there had been no docket number, no filing with the clerk's office, and no notice to the minor. But yet, as such, Judges are still held above the Law as Sovereigns. (Sovereign Immunity Doctrine) This is the Law Marshall County Judges serve. 95. In Stump Vs. Sparkman, Stump shocked the Seventh Circuit. Applying the Bradley Pierson test, the Seventh Circuit reversed the district court and found that the defendant had acted in clear absence of subject-matter jurisdiction. It made this finding even though the Circuit Court of Dekalb-county was by statute a court having original, exclusive jurisdiction in all cases at law and in equity. In order for judge Stumps act to come within the statute, the court said, it must have a statutory or common law basis Id at 174. After examining Indiana law, the court found no such basis. Further, it presented two arguments in rejecting the defendants stand that he was exercising his power to fashion new common law. First, judges may not use the power to create new decisional law to order extreme and irreversible remedies such as sterilization in young teen girls, situations where the legislative branch of government has indicated that they are inappropriate. [Otherwise ] we would be sanctioning tyranny from the bench. Id at 176, which judges are in-fact doing. Alternatively, the Court described the defendants exercise of his common law power as illegitimate because of his failure to comply with elementary principles of procedural due process. The Seventh Circuit Court then considered and rejected an argument that the judge was nevertheless not entitled to immunity because the
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informality of his approval of the petition kept it from being a judicial act. [T]he petition was not given a docket number, was not placed on file with the clerks office, and was approved in ex parte proceeding without notice to the minor, without a hearing, and without the appointment of a guardian ad litem. Id at 360. Justices Stewart, Marshall, and Powell dissented, arguing that what Judge Stump did was beyond the pale of anything that could sensibly be called a judicial act. Id at 365. They criticized the factors used by the majority in determining what constitutes a judicial act, and then contended the meaning of the term derives from those considerations set out in Pierson supporting absolute immunity in the first place. 96. In the case of Judge Stump, there was no case, controversial or otherwise. There were no litigants. There was and could be no appeal. And there was not even the pretext of principled decision making. [There was a ] total absence of any of these normal attributes of a judicial proceeding. [Thus] the conduct complained of was not a judicial act. Id at 368-69. Justice Powell emphasized what he considered central: defendants preclusion of any possibility for the vindication of [plaintiffs] rights elsewhere in the judicial system. He added that the major reason for absolute immunity is the existence of alternative forums and methods for vindicating [private] rights, and that absent such forums, the underlying assumption of the Bradley doctrine is inoperative. Id at 369-70 What is particularly disturbing about Stump, though is the Courts failure to answer Justice Powells point about alternative forums becoming unavailable to plaintiff as a result of the judges conduct. Where there is a physical assault by a judge upon a person, an act which the Court agreed is not a judicial act, there is no alternative forum available to the injured person to stop the judge; the damage has already been done. Thus, yet it makes
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sense to judges to hold that there is complete judicial immunity. In Stump, the sterilization of plaintiff was the equivalent of a physical assault attack against a young girl, for which there was also no recourse. In both cases the remedy could only be retrospective. For this reason, both acts were similarly not functions normally performed by a judge, contrary to the majoritys characterization of the judges approval of the petition.
IN SUMMATION OF JUDGE STUMP REGARDING PLAINTIFF

97. The Stump case absolutely grants absolute sovereign immunity to Judges, where all other Judges in the system completely back and support the physical attack of young to teenage girls with impunity. When judges can attack young girls and then get away with it by complete impunity granted by the government and the Courts, America is now lost and under tyrannical control, and Plaintiff concedes. Judges and courts grant power to judges beyond any reproach without accountability. Whatever a judge says or does physically is above the law with impunity, and cannot be addressed in any Court, The Judicial Inquiry Commission, Montgomery, Alabama turned a deaf ear, even the F.B.I. told Plaintiff there was nothing they would do, as again, their own attorneys tell them when to jump and how high, and agents cower to them, the problem always is that they are paid by the system to protect what?the System, there being no oversight agency of any description that will dare touch a Judge. Plaintiff is then helpless to defend herself against these judges complete usurped massive power of misleading and actually directing the Sheriff, Deputies, Police in any conspiracy they dream up to perform unlawful, unconstitutional actions adding insult to her injuries. Marshall County Judges using the Marshall County Sheriffs Office, Deputies, to arrest Plaintiff multiple times,
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where the last arrest resulted in Plaintiff ordered stripped naked, sprayed with a pressured chemical and made to stand there before Officers and others for approximately 40 minutes, then jailed for 5 days in a solitary confinement forced to sleep on a concrete slab. Then the Court placed Donna Jo Kirkland (Plaintiff), into an adjoining room within the Jail facility while she was locked in handcuffs, feet shackled, and chained to her waist, making verbal threats using physical force, and coercive manipulating language promising her release if she would comply to their demands, for her (Plaintiff) to sign some kind of guilty plea- Documents she could not read, could not clearly see (requires prescription reading glasses), did not understand, nor was informed what these documents were, other than if she did not sign the papers, Plaintiff would suffer continued to worse consequences. So Plaintiff was forced against her will, her Rights, to sign what apparently the Marshall County Judges we understand are described as documents waiving her Rights, or forcing her to plead guilty to something she was not lawfully guilty of, and or some kind of a Release releasing the Judges Jolley, Riley, Hawk, Sheriff Scott Walls, Sheriff Deputies, or other Defendants from further Lawsuit liability. We, the Plaintiff and Counsel have not been served these documents, we have not seen these documents. It still would not matter these Judges are Sovereigns, by Sovereign Immunity with impunity, above the law. 98. If the challenged action by a state official is a judicial, quasijudicial, absolute immunity shields the official from having to pay damages for the alleged constitutional violation. The immunity does not attach to the office, but rather to certain functions performed by the official. Although the statute on its face does not refer to any immunity, the Supreme Court has recognized both absolute and qualified immunity as a defense by ascertaining Congress's intent to provide
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immunities. In doing so, the Court has stated that" [m]ost officials are entitled only to qualified immunity. None the less 99. Sheriff Scott Walls is above the Law. He is a Sovereign, he possesses his Court, County, State applied (Sovereign - Qualified Immunity ). He therefore is protected by full State-County Power, where Scott Walls is untouchable. He does whatever he wants, to anybody he wants, with complete total impunity and is not held accountable, Scott Walls is Above the Law as the Law shown on record fully demonstrates. That is the Law. Marshall County Judges will not bother him, for it is him that brings very large revenue to the Judges own pocket. Absolute power corrupts absolutely. 100. In City of Oklahoma City v. Tuttle, 471 U.S. 808 (1985), seven justices agreed that a verdict against the city could not be upheld where the trial court had instructed the jury that a single, unusually excessive use of force [by a police officer] maywarrant an inference that it was attributable to inadequate training or supervision amounting to 'deliberate indifference' or 'gross negligence' on the part of the officials in charge, Id. at 813. However, the only clear consensus reached in Tuttle was that municipal liability based on a policy of inadequate training could not be derived from a single incident of misconduct by a non-policy-making municipal employee. And so it goes regardless. 101. Plaintiff states, I am so sorry that Marshall County Officials have taken these beautifully gifted God given positions that were given to them by God, and only God, to do Gods good works. But instead, they have used these Official positions to instill fear by verbally and physically threatening, coercing the children of God, threatening this
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child of God to plead guilty to something she did not do, to make an example out of her for things she did not do, so that she cannot stand up for her God given rights, that came from her Lord and Savior, that Jesus Christ died on the Cross that she may have her freedom from this very same Cross of suffering she has had to bear. These Marshall County Officials could be doing Gods work for the good of the people of Marshall County but look what has happened to me. Instead, people dont look up to them nor have respect for them. Everybody talks about how corrupt Marshall County is. You can go anywhere and all you need to do is mention Marshall County and people will say oh yeah, theres that corrupt town so & so and Marshall County. Thats what they have done to the people in Marshall County. The County officials have taken these God given positions to do beautiful things where they could have done so many good things to help elderly, the handicapped, and the poorI have been a good citizen all my life. I have never given anyone any trouble. Now all these Marshall County Officials hate me for no reason. They have all come at me for no reason. Just because I have a lot of land they want, they ran me off my own land, took my car, and then I defend myself by filing complaint to the Courtand thats the reason they came after me, in retaliation of me just filing lawful complaint and documents to the court. I have worked hard all my life paying all along for my land. It wasnt because I had done anything wrong to any of them If you ask each one of them individually, What has Donna ever done to you ? Each one of them could honest to God say, Nothing. Not one thing have I done to any of them. They just have positions of power, they should not have abused for their own personal gain. 102. Police used to protect & serve. Now look at them. Dressed all in black paramilitary clothing, heavily armed, metal detectors in every building, and raking in the money any way they can dream up. But thats
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not the problem. Who hires them, pays them with the Peoples tax dollar money, buys them, outfits the Police in black paramilitary gear, trains them to be this way, and ultimately benefits from it? Follow the money and you will see Americas real terrorists possibly in a neighborhood near and living next door to you? Do your eyes see? Then said Jesus: Father, forgive them; for they know not what they do.
LUKE 23: 34

103. Jesus had no servants, yet they called Him Master. Had no degree, yet they called Him Teacher. Had no medicines, yet they called Him Healer. Had no army, yet kings feared Him. He won no military battles, yet He conquered the world. He committed no crime, yet they crucified Him. He was buried in a tomb, yet He lives today. Jesus says.."If you deny Me before man, I will deny you before my Father in Heaven." Matthew 10:33 104. 'I have said this to you, so that in me you may have peace. In the world you face persecution. But take courage; I have conquered the world!" John 16:33 "It shall be a jubilee for you: you shall return, every one of you, to your property and every one of you to your family" Leviticus 25:10 105. "For he will command his angels concerning you to guard you in all your ways. PSALM 91:11 106. Please understand, the Plaintiff did not start this. Plaintiff has done nothing inherently wrong, has committed no crimes. Plaintiff was harmed and has the right before the Court, and the Father to defend herself, and especially the well being of her sister Susie, for
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which none other have thought to consider, have regard for, caring that her life was put at risk. I pray this in prayer, as we read the following: 107. I, Donna Jo Kirkland , proceed for the sake of praise to the Name above all Names, that of Jesus my personal Lord, Savior and Surety (trusting His grace alone to save me and striving to show my faith by obedient works to His laws) for He is Lord of all (Matt. 28:18; Acts 10:36), "Ruler of the kings of the earth" (Rev. 1:5 ) and the One to whom all kings, judges and men must bow (Psalm 2;). My first and highest covenant above all others- is to Him; the only law I am to abide by is that law of His and those man made laws agreeable to His. The Bill of Rights at 1st Amendment and the Holy Bible are my direction, my standard for competent counsel and my standard for truth and righteousness. 108. My body belongs to the Lord Jesus Christ who has given me care of it for His sake; in that respect, under Roe v. Wade which wrongly sought to justify the murder of unborn babies but which also ruled that Americans bodies belong to them (Christian's bodies and souls ultimately belong to Jesus Christ) then no one can take the energies of my body and use them for slave labor; no one else has a claim on my body or its energies; I refuse to allow my body to be hypothecated as it would violate Roe v. Wade; that there is an attempt to arrogate and plunder the assets of a registered vessel under a conclusive presumption affecting protected interests. I do not agree to having my estate taken and call on the God of the Christian Bible before you to save, protect and deliver me and my estate which all belong to Him in Jesus Christ who purchased me and all I have by His own precious blood so that He is most jealous for me and my estate.

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109. I am acting in good faith and in good conscience to do the will of my Maker, Savior and Judge. I am seeking to follow and abide by all laws that are agreeable to the sixty-six books of the Geneva Bible the Puritans and Pilgrims used and that are Constitutionally agreeable. I have no knowledge that I have committed any misdeed or crime. I have sought to act in obedience to God's law-word, to the Declaration of Independence, the Constitution and Supreme Court cases upholding the same. I have a clear conscience before God and a good faith belief that I have broken no lawful duty or left unfulfilled any duty owed. Prove in writing otherwise (via affidavit-actual true party complaining witness) and not an attorney. An attorney does not witness nor testify. If he does, he will be required to relinquish attorney status, take the witness stand with his oath-hand on the Bible, to tell the truth for once in his life. The attorney cannot act with attorney status and be a standing witness both at the same time. So prove in writing by Constitutionally compliant laws, facts and history if you assert that otherwise is the case. Such affidavit must be signed under penalties of perjury where you can be held both personally and professionally liable signed in blue wet ink signature. I have included this section in scriptural prayer here on purpose as any attorney is now before God to Judgment Day. Silence to this notice will according to law be interpreted as acquiescence. 110. I come in peace pursuant to my God's command in Romans 12:121 in so far as it depends on you to live peaceably with all men , Thus, since righteousness makes for peace (as Scripture says) I remind all relating to this matter of the following righteous requirements of Gods word: 1) their being made by their Creator God of the Christian Bible in His image and to be like Him as much as His creatures can be; 2) His given inescapable duties and of His everlasting jurisdiction over your
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body and soul in life and in death for time and eternity requiring of you: to "love the LORD your God with all your heart, soul, mind and strength" and to "love your neighbor as yourself'. On these two commandments hang all the law and the prophets. 3) the good news He commands all to believe and act on: there is forgiveness in Jesus' Name for all who will repent of their sins (defined as violations of His commandments) and trust Jesus alone to be their Savior, Surety and Lord (and not depend on their or others works) to save them from God's wrath and restore them to a right relationship with Him. He commands all claiming a right faith relationship with Him to show this by fruits of repentance and works according to His law; 4) of His alone supremely judging in this matter, pouring out blessings on the just and curses on the unjust. I do so call upon Him and His sovereignty to manifestly act in this matter. Fear God and keep His commandments for this is the whole duty of man -Ecclesiastes 12. I remind these offending judges & joined others, of their duty to God under Psalms 2, 82 and 110. 111. For Jesus Himself said & did: LUKE 22: 36 Then said he unto them, now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one. JOHN 2:15 And when he had made a scourge of small cords, he drove them all out of the temple, and the sheep, and the oxen; and poured out the changers money, and overthrew the tables; Relevancy? 112. Those of you, who understand enough of Bible Scripture, to further understand this scripture above applied here, -God is truly in your heart. Answer: There is a time & place where one can, one must make a firm solid stand in defense of themselves for some justified cause. So for those too blind to see, may also neither understand Romans 13, nor what
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Render Unto Caesar actually means. Perhaps you need to read the Bible for a while. Plaintiff was threatened, harmed, damaged as she was hauled into Court. Plaintiff in her defense, seeks due process to justice, and it is also We the People who must see that justice is attained. 113. Mans laws, not Gods? We know. So answer us. Didn't man first get the law from God? And then man proceeded to distort and pervert Gods laws to what we have today? So what's our point? You stand before your family, friends, and the community you serve. Do you boast about yourself as a pillar in the community, and then turn around behind closed doors to do dirty business deals against the community? Do you Mr. attorney- Mr. judge act one way in court, and completely opposite in church? Do you Sheriff, Deputies, Police act viciously with intentional unrighteousness on the street, and completely opposite in front of your Mother-Grandmother at the family reunion? Do you act one way in a bar, and completely different in your parent's house? Do you act one way to one neighbor, and talk bad behind the back of another? The Sheriff has an innocent woman stripped naked in front of Officers and then goes home to the wife & kids like hes not accountable as if nothing happened? Do you talk the talk, but don't walk the walk? Thats the very Point. The things that have transpired in this case against the Plaintiff, DID NOT NEED TO HAPPEN, SHOULD NEVER HAVE HAPPENED. But it didWhats wrong with our world ? 114. Then one of them, which was a lawyer, asked him a question, tempting him and saying, Master, which is the great commandment in the law? Jesus said unto him, Thou shalt love the Lord thy God with all thy heart, and with all thy soul, and with all thy mind. This is the first and great commandment.
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And the second is like unto it, Thou shalt love thy neighbour as thyself. On these two commandments hang all the law and the prophets. Matthew 22: 35-40. 115. If ye fulfil the royal law according to the scripture, Thou shalt love thy Neighbour as thyself, ye do well: But if ye have respect to persons, ye commit sin, and are convinced of the law as transgressors So speak ye, and so do, as they that shall be judged by the law of liberty. For he shall have judgment without mercy, that hath shewed no mercy; and mercy rejoiceth against judgment. JAMES 2 CHAPTER 2: 8, 9, 12, 13. 116. Which master do they actually serve? Well, I was just doing my job they will all sayand the highway to Hell is paved with all these good intentions? Will you get your chance for you and your attorney to argue your case in Hell? No servant can serve two masters: for either he will hate the one, and love the other; or else he will hold to the one, and despise the other.. "Ye cannot serve God and mammon". ST. LUKE 16:13 117. Not everyone who says to me, "Lord, Lord," will enter the kingdom of heaven, but only he who does the will of my Father who is in heaven. Then I will tell them plainly, I never knew you. Away from me! Matthew 7:21-23 118. All you so-called good people, oh sure, you meant well. Folks, the world is not supposed to act like this. Its just all about the money, control, power, greed, corruption and to all those involved even if little more than passing the buck when you should have done something to help correct the injustice, will also pay the high price with their souls
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before God. Follow the money - by their fruit you will know them. He, who has the most toys when he dies, truly dies with nothing as a fool of fools, and the judgment of God upon him for eternity. 119. Jesus replied, "Are you experts in the Law, woe to you, because you load people down with burdens they' can hardly carry and you yourselves will not lift one finger to help them. Woe to you experts in the law, because you have taken away the key to knowledge. You yourselves have not entered, and you have hindered those who were entering. " Luke 11: 46, 52. 120. Enter not into the path of the wicked, and go not in the way of evil men. Avoid it, pass not by it, turn from it, and pass away. For they sleep not, except they have done mischief; and their sleep is taken away, unless they cause some to fall. For they eat the bread of wickedness, and drink the wine of violence. Turn not to the right hand nor to the left: remove thy foot from evil.
Proverbs 4: 14,15,16,17,27.

121. These six things doth the Lord hate; yea, seven are an abomination unto him: A proud look, a lying tongue, and hands that shed innocent blood, An heart that deviseth wicked imaginations, feet that be swift in running to mischief, A false witness that speaketh lies, and he that soweth discord among brethren. Proverbs 6: 16,17,18,19. 122. Moreover if thy brother shall trespass against thee, go and tell him his fault between thee and him alone: if he shall hear thee, thou hast gained thy brother. But if he will not hear thee, then take with thee one or two more, that in the mouth of two or
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three witnesses every word may be established. And if he shall neglect to hear them, tell it unto the church: but if he neglect to hear the church, let him be unto thee as an heathen man and a publican. Verily I say unto You, Whatsoever ye shall bind on earth shall be bound in heaven: and whatsoever ye shall loose on earth shall be loosed in Heaven. Again I say unto you, That if two of you shall agree on earth as touching any thing that they shall ask, it shall be done for them of my Father which is in heaven. For where two or three are gathered together in my name, there am I in the midst of them. ST. MATTHEW 18:15-20 123. Dare any of you having a matter against another, go to law before the unjust and not before the saints? Do ye not know that the saints shall judge the world? And if the world shall be judged by you, are ye unworthy to judge the smallest matters? Know ye not that we shall judge angels? How much more things that pertain to this life? If then ye have judgments of things pertaining to this life, set them to judge who are least esteemed in the church. I speak to your shame. Is it so, that there is not a wise man among you? no, not one that shall be able to judge between his brethren? But brother goeth to law with brother, and that before the unbelievers. 1 CORINTHIANS 6:1-6 124. Do not exploit the poor because they are poor and do not crush the needy in court, for the Lord will take up their case and will plunder those who plunder them. PROVERBS 22:22-23 125. Woe unto them that seek deep to hide their counsel from the Lord, and their works are in the dark, and they say, Who seeth us? And who knoweth us? ISAIAH 29:15
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126. But the Phar'i-sees and lawyers rejected the counsel of God against themselves, being not baptized of him. ST. LUKE 7:30 127. And I charged your judges at that time saying, Hear the causes between your brethren, and judge righteously between every man and his brother, and the stranger that is with him. Ye shall not respect persons in judgment; but ye shall hear the small as well as the great; ye shall not be afraid of the face of man; for the judgment is God's: and the cause that is too hard for you, bring it unto me and I will hear it. DEUTERONOMY 1:16,17 128. Be wise now therefore o ye kings: be instructed ye judges of the earth. Serve the Lord with fear, and rejoice with trembling. Kiss the Son, lest he be angry, and ye perish from the way, when his wrath is kindled but a little. Blessed are all they that put their trust in him. PSALM 2 129. If a false witness rise up against any man to testify against him that which is wrong; Then both the men, between whom the controversy is, shall stand before the Lord, before the priests and the judges, which shall be in those days; And the judges shall make diligent inquisition: and, behold, if the witness be a false witness, and hath testified falsely against his brother; Then shall ye do unto him, as he had thought to have done unto his brother: so shalt thou put the evil away from among you.
DEUTERONOMY 19:16,17,18.

130. How can you say, We are wise, for we have the law of the Lord, when actually the lying pen of the scribes (attorneys or lawyer) has handled it falsely? The wise will be put to shame; they will be dismayed and trapped. Since they have rejected the
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word of the Lord, what kind of wisdom do they have? Are they ashamed of their loathsome conduct? No, they have no shame at all; they do not even know how to blush. So they will fall among the fallen; they will be brought down when they are punished, says the Lord. JEREMIAH 8: 8- 9 131. Woe to those who make unjust laws, to those who issue oppressive decrees, to deprive the poor of their rights and withhold justice from the oppressed of my people, making widows their prey and robbing the fatherless. What will you do on the day of reckoning, when disaster comes from afar? To whom will you run for help? Where will you leave your riches? Nothing will remain but to cringe among the captives or fall among the slain. Yet for all this, his anger is, not turned away, his hand is still upraised. ISAIAH 10: 1-4 132. And thou, Ez'ra, after the wisdom of thy God, that is in thine hand, set magistrates and judges, which may judge all the people that are beyond the river, all such as know the laws of thy God; and teach ye them that know them not. And whosoever will not do the law of thy God, and the law of the king, let judgment be executed speedily upon him
EZRA 7:25, 26

133. If there be a controversy between men, and they come unto judgment, that the judges may judge them; then they shall justify the righteous, and condemn the wicked. DEUTERONOMY 25:1 134. And he set judges in the land throughout all the fenced cities of Ju'dah, city by city, And said to the judges, Take heed what ye
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do: for ye judge not for man, but for the Lord, who is with you in the judgment. Wherefore now let the fear of the Lord be upon you; take heed and do it: for there is no iniquity with the Lord our God, nor respect of persons, nor taking of gifts. II CHRONICLES 19:5-7 135. Let the righteous smite me; it shall be a kindness: and let him reprove me; it shall be an excellent oil, which shall not break my head: for yet my prayer also shall be in their calamities. When their judges are overthrown in stony places, they shall hear my words; for they are sweet. PSALM 141:5-6 136. The Son of man shall send forth his angels, and they shall gather out of his kingdom all things that offend, and them which do iniquity; And shall cast them into a furnace of fire: there shall be wailing and gnashing of teeth. Then shall the righteous shine forth as the sun in the kingdom of their Father. Who hath ears to hear, let him hear. Matthew 13: 41,42,43. 137. The Plaintiff, Donna Jo Kirkland and her sister Susie, an (epileptic seizure patient), have been forced to suffer enough, they just want to go home, and live in peace. Plaintiff now fully understands the true nature of the legal system of deliberate indifference to malice has indeed occurred. When such extended opportunities to do better are teamed with protracted failure even to care, (no E.M.T. was called to be present on site for Susie Kirkland, nor was she taken by Sheriff Deputy transport to medical care after being injured) indifference is then truly shocking. When a precipitated recklessness fails to inch close enough to harmful purpose to spark the shock that implicates [the substantive component of the Fourteenth Amendment ], the Plaintiff concedes, since the Marshall County Judges and Sheriffs Department wield such corruptive power
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(shocking the conscience). Plaintiff does not wish further harm to come to her, her sister Susie, or to Federal U.S. Magistrate T. Michael Putnam. 138. Plaintiff understands now, that Marshall County Judges will further attack Federal U.S. Magistrate T. Michael Putnam to further cause this Judge Censure, Disbarred, Blackballed and removed from his Judicial position if Magistrate Michael Putnam were to allow a federal lawsuit to go forward against the Marshall County Judges & Sheriff. Plaintiff does not wish to further endanger U.S. Magistrate T. Michael Putnam, as she herself has already been forced to live it, a threatened life, to them, her life worth nothing, she now knows what these Marshall County Judges have Evil power to do, so she concedes to Judicial Sovereign Immunity, Qualified Immunity to protect from any more harm being done. Since when was it a crime to read and apply your U.S. Constitutional Rights and file necessary papers accordingly in Court ? The Court calls this filing a False Instrument. I call it Fraud upon the Court. Ask anyone in Marshall County whats going wrong and they will immediately point to a corrupt government. Plaintiff has committed no crime, yet she had to suffer and endure (4) arrests, incarcerations, false imprisonments where this Plaintiff was made into an example, told not to engage such corrupt Power. Plaintiff is now fully aware and understands the Marshall County Sheriffs Department is still currently dispatching Deputies to locate and arrest Donna Jo Kirkland (Plaintiff ) as to prevent her from being able to continue her federal lawsuit against any Judge, Sheriff, Deputy, or other Defendants. Plaintiff forgives you, dismisses the Marshall County Judges, Sheriff & Deputies, Town of Grant Police Officers for what they have done to her. Therefore, Judges, Sheriff, Police Officers, Deputies, & certain named involved individuals above supra are DISMISSED FROM THIS LAWSUIT. Please, now leave the Plaintiff alone to simply live her life in Peace.
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_________________________________________________________________

139.

AMENDED COMPLAINT

AGAINST THE ( 5 ) FIVE REMAINING DEFENDANTS Donna Jo Kirkland, Plaintiff, Vs. 1. Brenda Barnes - Bank CEO of, 2. Peoples State Bank Of Commerce 3. Christopher Alan Duvall 4. Lorean Duvall 5. Chuck Van Etten Defendants. 140. Comes now the Plaintiff, Donna Jo Kirkland and states; Plaintiffs Bill Of Rights have been violated with violations of the: First, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, and Fourteenth Amendment, and with (Due Process Clauses) (Equal Protection Clauses) the Fifth & The Fourteenth, Pursuant to, under: TITLES 18 and 42 U.S.C. 1983 et seq., 1985 et seq., 1981 et seq., 1982 and 18 242, 18 241, (Including Intentional Tort Counts) combined in joined Conspiracy. 141. Section 1983 reads as follows:

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Every person who under color of any statute, ordinance, regulation, custom, or usage, of any state or territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof 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 142.

Jurisdiction

A. This Court has already acquired jurisdiction, and continues where Jurisdiction
is conferred on this Court by 28 U.S.C. 1331 and with 28 U.S.C. 1343 (a)(1) and (3). This Court has jurisdiction to adjudicate state law claims that arise out of "a common nucleus of operative fact. Formerly known as ancillary and pendent jurisdiction, supplemental jurisdiction under 28 U.S.C. 1367 (a) permits both pendent claim and pendent party jurisdiction.

B. 28 U.S.C. 1331 provides that: "district courts shall have original jurisdiction
of all civil actions arising under the Constitution, laws or treaties of the United States.

C. 28 U.S.C. 1343 (a)(1) provides as follows: (I) To recover damages for injury
to his person or property, or because of the deprivation of any right or privilege of a citizen of the United States, by any act done in furtherance of any conspiracy mentioned in section 1985 of Title 42;

D. 28 U.S.C. 1343 (a) (3) provides as follows: (a) The district courts shall have
original jurisdiction of any civil action authorized by law to be commenced by any person: . . (3 ) To redress the deprivation, under color of any State law, statute, ordinance, regulation, custom or usage of any right, privilege or immunity secured
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by the Constitution of the United States or by any Act of Congress providing for equal rights of citizens or of all persons within the jurisdiction of the United States.

E. 28 U.S.C. 1367(a) provides as follows: [I] n any civil action of which the
district courts have original jurisdiction, the district courts shall have supplemental jurisdiction over all other claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy under Article III of the United States Constitution. Such supplemental jurisdiction shall inc1ude claims that involve the joinder or intervention of additional parties.

143. Plaintiff incorporates herein by reference at all times relevant, contained in all paragraphs, sections, counts throughout, as though the same were fully set forth therein. All Marshall County Judges, Sheriff, Deputies or Grant City Police Officers (herein after-Officials) who were formerly named as Defendants- now Dismissed, were acting under the authority of the Marshall County Corporation Charter, or Town of Grant, City Municipal Corporation Charter, under the laws of the State of Alabama, under the controlling Law under the United States Constitution, under color of state law, pursuant to Official County Policy or custom, procedures practices, and acts, the misconduct of all these formerly named Defendants Officials, were acting alleged as set forth herein, were knowingly in a joined Conspiracy with the (5) Defendants remaining claimed in Plaintiffs Complaint (infra) undertaken, aided, authorized, supervised, consented to by each Defendants state of mind, intentional malice, and design to violate, and with willful deliberate indifference to and reckless disregard, conspiring to violate the rights, privileges, immunities guaranteed to Plaintiff by the constitutional and statutory rights guaranteed by violating Plaintiffs First, Fourth, Fifth, Sixth, Eighth, Ninth, Tenth, Eleventh Amendments,
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the Due Process and Equal Protection Clauses of the Fifth & Fourteenth Amendments of the Constitution of the United States and protected by pursuant to 42 U.S.C. 1983 et seq., 42 U.S.C. 1985 et seq., 1981, 1982, Property and Contract interference violations, further Title 18 242 and 18 241, and thereby causing damage to Plaintiff. 144. PARTIES TO THE COMPLAINT

A. Plaintiff - Donna Jo Kirkland, is now, and at all times herein


mentioned has been, a resident of the County of Marshall, Town of Grant, State of Alabama. Address: 3004 Cathedral Caverns Highway Grant, Alabama 35747.

B-1. DEFENDANT 1. Brenda Barnes is the acting CEO of Peoples


State Bank of Commerce Corporation, is now, and at all times herein mentioned has been, a resident of the County of Marshall, Town of Grant, State of Alabama. Address: 95 Joeffie Road - Grant, Alabama
35747

C-2. DEFENDANT 2. Peoples State Bank of Commerce,


is now, and at all times herein mentioned, a corporation duly organized and existing under and by virtue of the laws of the State of Tennessee, is licensed conducting and authorized to do business in the State of Alabama, having its principal office, City of, Address: Peoples State Bank of Commerce - Board of Directors - P.O. Box 307 Nolensville, Tennessee 37135.

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D-3. DEFENDANT 3. Christopher Duvall, is now, and at all times herein mentioned has been, a (non-owner occupant renter) and is
a resident of the next door property, County of Marshall, Town of Grant, State of Alabama. Address: 2854 Cathedral Caverns Highway, Grant, Alabama 35747.

E-4. DEFENDANT 4. Cora Lorean Duvall, Wife, married to


Defendant Christopher Duvall, is now, and at all times herein mentioned has been, a (non-owner occupant renter) and is a resident of the County of Marshall, Town of Grant, State of Alabama. Address: 2854 Cathedral Caverns Highway, Grant, Alabama 35747.

F-5. DEFENDANT 5. Chuck Van Etten, a former Ex- Police


Officer of Grant, Alabama, is now, and at all times herein mentioned has been, next door property owner, a resident of the County of Marshall, Town of Grant, State of Alabama. Address: 171 Choat Road - Grant, Alabama 35747 145. GENERAL FACTS FOR ALL COUNTS OF ACTION Grounds and facts supporting Plaintiff s claims where she has been held unlawfully jailed, convicted, and Damaged. 146. It all started where Defendants Chuck Van Etten, Christopher and Lorean Duvall all moved in next door to two separate adjoining properties next to Plaintiffs Property a couple of months apart. 147. Plaintiff had already been first on her land from Birth. 148. Chuck Van Etten is a former Police Officer of Grant, Alabama, purchased property next door, is a property owner.
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149. Christopher & Lorean Duvall are ONLY occupants or Renters of another adjoining next door property and do not have legal Title or Deed, THEREFORE NO legal entitlement to encroach onto Plaintiffs land or make any claim to it, BUT DID. 150. The Duvalls operate a business out of that residential house, a glass repair shop operation contracted to repair vehicle windshields, glass repair for the Town of Grant Police Department and their Patrol Cars. 151. Thereby, both of these Defendants Chuck Van Etten, Christopher & Lorean Duvall have a friendship, a direct working association and connections with local Police and Marshall County Sheriff Deputies. 152. Chuck Van Etten, Christopher and Lorean Duvall utilizing these Officers in support of Defendants fabricated false claims-charges against Plaintiff, whereby Police-Deputies assisted doing favors for Defendants, joining into Defendants artifice, ruse and antics, to aiding & abetting these Defendants in these harassing endeavors. 153. Grant Police- Marshall County Sheriff Deputies all ignored Plaintiffs filed complaints. A witness heard a Police Officer say to others, what can they do to us, were the Police. Plaintiff was told to move away from her own home by Police? Witnesses will testify. 154. Plaintiff was certainly set-up in combined Conspiracy, this set-up beginning with Defendants, Chuck Van Etten, Christopher Duvall and Lorean Duvall conspiring to run Plaintiff off her own property, all

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Defendants verbally expressing there will to take away- gain land and property from Plaintiff. 155. Christopher Duvall and Chuck Van Etten both starting with continued incidents-events of flirtations, then verbal harassments, arguments, going all the way to actual physical encroachment, trespass onto Plaintiffs own lawfully held land property. 156. All during this time already, Chuck Van Etten and Christopher Duvall constantly came around and watched Plaintiff mow the grass and watch her work on her property, both had been and continued to make these flirtatious innuendos at her. 157. Plaintiff refused all such advances, had no interest in any extracurricular affairs, Plaintiff ignored and further rejected Defendants advances. 158. Rejected by Plaintiff, Defendants became more derogatory to verbal harassment, then came these false accusations of the property line boundaries. 159. Then angered by Plaintiffs denial- rejections, Defendants seriously stepped up with their annoying, alarming, verbal aggravated Assaults, began actually physical tortuous land encroachments- trespasses, to physical destruction of Plaintiffs property. 160. Defendants Etten, and the Duvalls tormented or terrorized Plaintiff into duress and into mental anguish, fearing for herself and her sister Susies safety.

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161. Defendants Etten and the Duvalls have displayed a pattern of conduct seen and now shown in evidence to the Court by documents and photographs, the means and continuous conduct composed of a series of acts over a period of several years non-stop evidencing a continuity of their harassing purpose. 162. Chuck Van Etten, Christopher and Lorean Duvall have all made credible verbal threats against Plaintiff with the intent and apparent ability to carry out the threats as photographic evidence shows submitted to the Court in evidence so as to cause the Plaintiff to substantially fear for her safety. 163. And so Chuck Van Etten, Christopher & Lorean Duvall joined to conspire in continual harassment setting up circumstances or events, falsified evidence and made false testimony to acquire portions of Plaintiffs land and property for themselves. 164. Defendants Etten and the Duvalls have temporarily achieved with running Plaintiff off her property for good to eventually profit in their own personal monetary gains, Plaintiff fled for safety from home, has now been gone for 8 months. 165. The Defendants engaged in a pattern of conduct the intent of which was to follow, alarm, and harass the Plaintiff. Stalking at times where both Lorean Duvall and Christopher Duvall have each separately at different times even followed the Plaintiff in her car watching where she goes and why.

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166. As a result of this continuous pattern of conduct, the Plaintiff has reasonably feared for her safety and that of her sister Susie alone in their Home or anywhere else they may decide to travel. 167. Christopher Duvall has made the credible repeated threats with the intent to harm Plaintiff. 168. Plaintiff clearly and definitively demanded that the Defendant Christopher Duvall cease his harassments. 169. Christopher Duvall retaliated to a worse level of abuse. 170. Defendants Chuck Van Etten, Christopher and Lorean Duvall has persisted in their continued harassing activities against Plaintiff never ending. 171. Chuck Van Etten created arguments to circumstances of absurd adverse possession based on an aerial photograph against Plaintiffs property boundaries, gaining a fraudulent judgment against Plaintiffs lawful Trust Deed falsifying the origin of boundary pins 1994 Survey. 172. Chuck Van Etten then began causing physical land encroachment, further began actual bulldozing, soil removal by a dozen plus Dump Truck loads of soil taken, destruction to a water spring and to its surrounding landscaping. 173. Christopher & Lorean Duvall instigated patterns of round the clock continuous harassment, against Plaintiffs lawful original Trust Deed Property Land Survey, pulling-removing original boundary pins or markers to Plaintiffs Property.
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174. Christopher and Lorean Duvall dug holes, removed and stole (2) separate privacy fences by theft, damage to one other pulling out vinyl rails in the fence. 175. One morning Plaintiff went to Home Depot. Lorean and Christopher Duvall saw me leave as they watch me all the time. So they went over on my land that I had worked so hard on the day before with a trailer, weed-eater, leaving trenches and hitting my shrubs and azaleas with the weedeater destroying them. 176. The police from Grant were called, Chief Allen Edmonds came, did nothing, as the Duvalls ran off the land when they came. I have two witnesses to this event. 177. Plaintiff decided to put up a privacy fence to stop this behavior. Me and Mom could not even enjoy our garden together, without being laughed at by the Duvalls where they would watch us. I hired 3 men to help me put up this privacy fence and while we were putting it up Christopher Duvall was there kicking it. 178. The panels at the big tree were pulled out of the ground the next day. I called the police at Grant and also tried to get help at Guntersville Sheriffs Office. No one came or helped me. 179. My privacy fence was then removed, stolen. 180. My 1994 land survey boundary pins have been pulled up and moved.

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181. My shrubs and azaleas have had round up sprayed on them, destroyed. 182. All during these times since Defendants Christopher & Lorean Duvall moved in next door, these individuals own or harbor various dogs. 183. The Duvalls dogs are not properly confined or otherwise controlled. 184. Christopher Duvall, who stood by and watched, laughing all the time saying, There ain't no leash law, we live in the country. 185. The Duvalls own or harbor as many as (5) five dogs have been seen at the their residence and then together coming onto Plaintiffs property at the same time creating havoc. 186. There has been the issue of constant threat from the Duvalls dogs, where these several dogs have shown the propensity of vicious and mischievous dogs. 187. Duvalls dogs are continuously let loose to run all over Plaintiffs property, a big red dog digging holes a foot and a half deep. 188. Duvalls other dogs dug up flower beds, a vegetable garden, and make defecations all around Plaintiffs property. 189. Duvalls dogs come down on Plaintiffs property running the horses, turning over my horses sweet feed and drinking their water.

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190. Duvalls dogs are a constant tipping over garbage cans, dragging garbage all over the yard, have carried off shoes and other items loose on Plaintiffs porch. 191. Duvalls dogs bark at visitors, attacking several visitors, attacked Plaintiff. 192. Duvalls dogs chased Plaintiffs cat, would run at her horses which ended up injuring one of the horses legs healing for two weeks. 193. Duvalls dogs chased and attacked Plaintiff and her Mother that actually injured Plaintiffs Mother on the leg, where later she died with her Doctors attempting to identify a remaining infection from injury to her immune system causing complications to another medical condition that ended up with her loosing her life. 194. Police Reports were made from these events and continuously ignored. Why? 195. Christopher and Lorean Duvall knowingly owns or harbors dogs that they both know are of a vicious nature, have personal knowledge of the vicious nature of the dogs. 196. Christopher and Lorean Duvall are seen as they stand and watch, always laughing, know that the dogs are accustomed to barking at and actually running down other animals, attacking, biting, animals and at other people. 197. Plaintiff has repeatedly called and made complaints to the local Grant Police, Marshall County Deputies, has made a substantial number
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of Police Reports and Affidavits. 198. Plaintiff specifically went and spoke in person to Marshall County Sheriff Scott Walls at the Sheriffs Office making her complaints known about Defendants actions directly to Scott Walls himself. All of this was ignored? Plaintiff was advised to move away? 199. Defendants Christopher & Lorean Duvall themselves also destroyed fixtures on Plaintiffs property, flowers, bushes, grass, a vegetable garden, water fountains vandalized. 200. Duvalls caused injury to, injuring horses with a six inch cut to one horses shoulder. 201. The Duvalls committed the defacing of another next door neighbor home and yard, a friend in support of Plaintiff, this next door neighbors home and yard was damaged from using chemicals, glue, bleach, toilet paper, oils, paint. 202. Plaintiff was threatened by Christopher Duvall, continually stalkedharassed with constant lewd verbal derogatory flirtations, nasty language, insults, to yelling in an outrage of cussing swinging his arms pointing making gestures at Plaintiff now for years and will not stop. 203. Defendants Christopher & Lorean Duvall set-up Plaintiff by making up false accusations that Plaintiff ran over or attempted to run down their children with a truck, causing Plaintiff to be falsely arrestedfalsely charged, false imprisoned.

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204. Plaintiff now suffers from the physical manhandling trauma from Police Arresting her. 205. Plaintiff is constantly looking over her shoulder causing severe emotional distress to sleeplessness. Plaintiff no longer feels secure in her own home. 206. Afraid and continually suffering threat with harassment by Defendants Stalking and threat of arrest, Plaintiff run off her own property and home, had to flee for her safety. 207.Plaintiff, no longer present at home, Defendants turned on her water line letting it run out on the land for days on end, creating a Water Bill and flooding, Bill from typically $25 a month to $ 560.00 for the month. 208. So around this time, Defendant Brenda Barnes, Bank CEO of Peoples State Bank of Commerce herein further, (Bank) has become aware of these events as Brenda Barnes herself is a nearby local neighbor and of which, Peoples State Bank is the Mortgage Lender to the one specific property of Plaintiffs held in dispute in these matters. 209. The Bank and Plaintiff currently have a Mortgage Contract also caused to come into dispute in the Marshall County Circuit Court based on surrounding causation by Defendants Chuck Van Etten Christopher & Lorean Duvalls unlawful actions thus far. 210. Defendants Chuck Van Etten filed fraudulent adverse possession claim against Plaintiff by suppression of evidence to Plaintiffs Trust Deed.

Kirkland: 4:11-CV-3902 TMP

73

U.S.C. TITLE 42 1983, 1985 et seq.

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211. Christopher and Lorean Duvall filed in a falsified soil erosion court action against Plaintiff, where they are not the legal property owners. 212. Brenda Barnes- Bank CEO files falsified court action to gain Plaintiffs property in a Fraud upon the Court in false Foreclosure by suppression, omission, concealment of evidence regarding Plaintiffs protective insurance on the Mortgage Contract. 213. Plaintiff then further harassed and prevented from coming to Court without arrest. 214. Plaintiff was unable to properly appear or defend these Court Actions, as Plaintiff locked up in jail at times, then fleeing for her safety to get help. 215. Plaintiff at other times where in the Court was hushed, ignoreddenied all Due Process, where the Judge shut her down in the Court from the start. 216. Marshall County Judges previously mentioned, yet allowed Defendants to continue, Defendants by Fraud, carried through perjured testimony, were successful gaining Court Judgments against Plaintiff. 217. These Court Judgments, which came to the immediate attention of Brenda Barnes Bank CEO with legal interests in the land against Plaintiff. 218. Matters turned worse when Plaintiff under severe duress, fled to safety, sister Susie requiring cancer tissue removal surgery to her face, Plaintiff met extra financial burdens for Susie getting, acquiring the
Kirkland: 4:11-CV-3902 TMP 74 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

75

necessary medical attention, time away for Susie, momentarily causingbecame only a month late on a Mortgage payment. 219. Plaintiff, having a perfect 18 year unblemished banking record and loyal customer of Peoples State Bank of Commerce suffered immediate rush forced Foreclosure. 220. Plaintiff immediately able bringing Mortgage payments right back up paid in full and to Banks current normal monthly payment schedule as Plaintiffs Court submitted evidence shows by cancelled checks 221. Opened up a Pandoras Box of opportunity for Defendant Brenda Barnes to do her bidding for her own personal financial agenda to monetary gains under the guise of protecting the Bank. 222. Brenda Barnes DID have full knowledge of the other Defendants Chuck Van Etten-Christopher & Lorean Duvalls ongoing Conspiracy against Plaintiff in their own ongoing land-grab pursuit. 223. Brenda Barnes found the circumstances ripe, DID join the Conspiracy taking full control of Plaintiffs land in an abrupt, immediate unlawful forced Foreclosure by Fraud, Deceit, Omission, Concealment, Suppression of Evidence. 224. Brenda Barnes committing a suppression of evidence then went further to cause Perjury, Breach of Contract, Conversion, Breaking & Entering, Theft, Extortion, going against Plaintiffs lawful contractual rights.

Kirkland: 4:11-CV-3902 TMP

75

U.S.C. TITLE 42 1983, 1985 et seq.

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225. Brenda Barnes had full knowledge of the Mortgage Contract between Plaintiff and the Bank, as Brenda Barnes was the person responsible for writing up the Contract herself. 226. Brenda Barnes therein knowing Plaintiff had protective Disability and also Life Insurance Coverage purchased and placed in and on Mortgage Contract. 227. But, Brenda Barnes chose to further perjure herself to the Marshall County Circuit Court to gain a swift upper hand having full knowledge taking advantage based on actions already taken by Defendants Chuck Van Etten- Christopher & Lorean Duvall in their fraudulent Court Judgments against Plaintiff. 228. Brenda Barnes then caused the Court into and joined other combined actions furthered onslaught of a Malicious Prosecution, Abuse of Process using County Prosecution to benefit Brenda Barnes herself and a private bank corporation. 229. Brenda Barnes further using-causing Marshall Countys full political and court powers to come down extremely harsh on the completely innocent head of Plaintiff, making full defamatory political example out of this Plaintiff. 230. Brenda Barnes successful, given a fraudulent Foreclosure judgment, thereby breaking & entering- stealing Plaintiffs White 1998 Chevrolet Corvette as collateral. 231. Defendant Chuck Van Etten at this time, is actually seen by several other witnesses driving Plaintiffs Corvette back & forth in front of
Kirkland: 4:11-CV-3902 TMP 76 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

77

Plaintiffs House, around town, and seen actually parked in Chuck Van Ettens own driveway. 232. Plaintiff was prevented, stopped, derailed completely by the Marshall County Circuit Court itself in even coming to Court by continuous use of fraudulent Arrest Warrants placed against Plaintiff, thereby preventing-keeping the Plaintiff away from the Court. 233. Plaintiff threatened repeatedly with arrest when you arrive at Court, its impossible to defend yourself when she was denied her Due Process, Equal Protection and simply derailed with blocked access to the Court period. 234. All Defendants in their part now did, in effect establish a cover-up of the Fraud, injury, and damages perpetrated against the Plaintiff, carried on into a massive Fraud Upon The Court, fabricated lies, perjured testimony to false fraudulent charges made. 235. All Defendants continued harassment involving Grant, Alabama Police Officers and Marshall County Sheriff Deputies in order to keep the Plaintiff arrested, locked up and or out of the Court, out of the way giving the Defendants full rein control over these matters before the Court, gaining ex-parte judgments with no Plaintiff even in the Court. 236. The Marshall County Circuit Court filing criminal felony to misdemeanor charges against Plaintiff, using Marshall County Prosecuting Attorney to the power of the State Attorney Generals Office to prosecute Plaintiff, yet failed to do it in front of a Jury. 237. Marshall County Court prevented Plaintiff further from all 5th
Kirkland: 4:11-CV-3902 TMP 77 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

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& 14th Amendments Due Process-Equal Protection, failure to allow Counsel of her choice, no witnesses allowed, no cross-examination, no Presentment, no Indictment by Grand Jury, No signed Jury Form, no lawful-constitutional Standing Witness, No Signed Witness Affidavit, No lawful Arrest Warrant is / was not ever properly in place at any time then or now. 238. Plaintiff was not even in the Court over half of this time, not allowed access inside the court where these proceedings were taking place with complete Fraud Upon The Court by all Defendants, in a Malicious Prosecution Abuse of Process against the Plaintiff. 239. The Plaintiff has been substantially blocked-prevented from coming forward to the Marshall County District Court, and going further to prevent her from reaching this Federal Court. 240. Evidence will establish and now presented in this De Novo Complaint to the Federal Court, will show the Court Record Documents filed by Defendants and Marshall County Circuit Court Judicial Orders so far within and just by itself, in-fact even proves this corruption Conspiracy clearly in plain view on the Court Record itself. 241. These Defendants have committed repeated constitutional Rights violations, Property and Contractual Breach and interference, Intentional Torts violations. 242. Marshall County Court causing, forcing Plaintiff to be subjected to two neighbor Defendants constant actions causing severe detrimental deprivation of Plaintiffs enjoyment of her land-property occurring to Plaintiff.
Kirkland: 4:11-CV-3902 TMP 78 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

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243. Marshall County Court and joined Defendants causing damage then further incurred by her sister following in Consequential Damages to physical and emotional injury harm, Carolyn Sue Kirkland, (Susie), (now a 65 year old female handicapped epileptic seizure patient remained in a child-like mind) (Donna Jo Kirkland is Susies full time care-giver and legal guardian). No regard given to Susie in any event incurred. 244. Marshall County Court joined Defendants in Conspiracy then going against the Plaintiffs constitutional and statutory rights, then going to a deprivation of and violations to the same Plaintiffs contractual legal obligations, damage to and theft, conversion of land property and a car, in a joined Conspiracy with local community neighbor Defendant Brenda Barnes, Member of the Chamber of Commerce City of Grant, Alabama, and CEO of Peoples State Bank of Commerce, in the attempt to acquire a large (land-grab), run Plaintiff out of her own lawful Home, off her own property. 245. Plaintiff unable to return home without False Arrest, all of this has been committed and aided by local, County, and State Officials & persons, including the Courts Judges, Clerks, Police, and Sheriff Scott Walls and his Sheriff Deputies acting with, for Marshall County, occurring in, under official color of state law in concert to a combined joined conspiracy. 246. Defendants, and each of them, were and are the agents, servants, associates, representatives, and/or employees of each of the other Defendants herein, and were at all times acting within the course and scope of such agency, representation and employment and with the permission and consent of each of said Defendants.
Kirkland: 4:11-CV-3902 TMP 79 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

80

247. Plaintiff upon such information and belief alleges, that each of the Defendants inclusive, were, at all times herein mentioned, acting in concert with, and in Conspiracy with, each and every one of the remaining Defendants. 248. Wherever appearing in this complaint, each and every reference to Defendants and to any of them, is intended to be and shall be a reference to all Defendants hereto, and to each of them, named and unnamed, unless said reference is otherwise specifically qualified. _________________________________________________________ DEFENDANT 1. BRENDA BARNES PLAINTIFFS DEMAND FOR ALL DAMAGES TO ALL FOLLOWING COUNTS 1- 18 AGAINST BRENDA BARNES Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff against Brenda Barnes, set out here before the beginning of COUNT 1 Conspiracy against her is applied here as though the same were fully set forth herein in all Counts following 1-18 as set forth: 249. 250. PLAINTIFFS DEMAND FOR SPECIAL DAMAGES AGAINST BRENDA BARNES 1. Plaintiff demands all Medical Bills, payments made in full for all necessary Mental / Medical Trauma diagnosis, therapy, treatment, procedures, medicines, hospitalization and / or Doctors Bills, or any other costs known or unknown regarding the same to Plaintiffs care.

Kirkland: 4:11-CV-3902 TMP

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U.S.C. TITLE 42 1983, 1985 et seq.

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2. Permanent Injunction Relief Order, an agreement by the parties to a lifetime Restraining Order as a part or portion of remedy the Court will have in the authority to impose the parties agreed provision, to be enforced by the Court as part of any settlement, wherein Brenda Barnes must be Court Ordered to permanently never contact, or come near or in close proximity to Plaintiff, or send any agent for any reason ever again anywhere else near Plaintiff. To Wit: A.Permanent Injunction Court Order (Lifetime) against Brenda Barnes to (Stop) her from ever coming near or contacting Plaintiff ever again, or her agents. B. Prevent Brenda Barnes from ever entering upon or near Plaintiffs properties ever again, or her agents. C. Prevent Brenda Barnes from driving near or on any connecting road as to be driving by in view of Plaintiffs property. D. Prevent Brenda Barnes or her agents from coming near Plaintiff in public or private environments, where real threat of immediate violent danger to human life, health, property, exists, as damage or the threat of human life and damage is irreparable harm. E. To stop, remove, restrain, or restrict this nuisance Brenda Barnes, is the primary basis for this lawsuit, both for damages caused by this nuisance and for Permanent Order (Injunction) against continuing invasion against Plaintiff of any more harmful activity, as to her displayed Banking Fraud - false acts misleading the Courts, threat to do financial harm, aggression, and all related conditions against Plaintiff.

Kirkland: 4:11-CV-3902 TMP

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U.S.C. TITLE 42 1983, 1985 et seq.

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F. Brenda Barnes to be required under Court Order to pay the costs of removal and clean-up of any garbage to debris caused from her conspiratorial involvement unlawfully running Plaintiff off her land ending in furthered deterioration -destruction of Plaintiffs property. G. Pay the costs of full restoration of or complete repairs to any thing, chattel, to the land, or other property she caused with destructive damage done. H. All medical costs for injury to animals on the premises. I. The original survey re-conveyed, boundary line pin markers reinstalled, with re-survey costs included. J. Bushes, fill dirt, grass, plants, and all vegetation properly restored to such as the flowers, flower beds, vegetable garden, water fountains, holes, trenches filled, grass seeding, harmful air pollutants, chemicals, toxic soil removed. K. Brenda Barnes unlawful land encroachment is null & void against Plaintiff, a Judgment for Plaintiff to Bill of Quiet Title is sought, as a Bank Property Mortgage Agreement, a written Contract, was / is / still remains in effect, still at issue before the Court to be now determined by Jury, as there is an agreement between the parties, Plaintiff and Brenda Barnes, Bank CEO and the Peoples State Bank of Commerce. The law recognizes a duty to perform stated agreements or promises written in the contract, and allow recovery of damages for the lack or failure of specific performance of said agreements or promises. L. Further, Plaintiff holds a lawful Land Patent on the Property,
Kirkland: 4:11-CV-3902 TMP 82 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

83

that is not refuted-rebutted, which has not been in question throughout any court proceedings in the Marshall County Circuit Court. M. Plaintiffs Marshall County Circuit Court Records of Judgments, Orders, and all proceedings in these entire matters EXPUNGED. N. Plaintiff awarded Declaratory Prospective Injunctive Relief Order from all Marshall County Court Judgments and proceedings. O. Permanent Injunction Protection from Brenda Barnes, Lorean Duvall, Christopher Duvall, Chuck Van Etten, Grant Police Officers, Marshall County Sheriff Deputies, Sheriff Scott Walls from ever again coming near or on Plaintiffs Properties, bothering-contacting Plaintiff based on any matter within this Complaint. P. Brenda Barnes to pay Expenses-Costs incurred by alternate transportation, fuel, tires, oil, mileage wear & tear, travel time, assisted helps time involved. Q. Brenda Barnes to reimburse Plaintiff for Shelter Rents paid away from home, and further, property restitution of time away incurred by denial of enjoyment to Home and personal property. R. Plaintiff claims the value of loss to enjoyment of her land, and to loss for disrupted plans for this land use to future profits. S. Plaintiff claims the measure of damages for the wrongful occupation of her property including to the preceding five years prior to the time of this commencement of Complaint action as the Court shall find.

Kirkland: 4:11-CV-3902 TMP

83

U.S.C. TITLE 42 1983, 1985 et seq.

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T. Plaintiff claims the Cost of repair and restoration of the property to its original condition and; U. Plaintiff claims the costs she has incurred of recovering possession. 251. Consequential Damages: For Carolyn Sue Kirkland, has suffered severe increased duress, physical discomfort, mental pain & suffering away from familiar surroundings and assisted home equipment, devices, medical convenience of care. 252.
PLAINTIFFS DEMANDS FOR COMPENSATORY DAMAGES AGAINST BRENDA BARNES

A. A written Contract, a Bank Property Mortgage was / is / still remains in effect, still at issue before the Court to be determined by Jury, as there is an agreement between the parties, Plaintiff and Defendants Brenda Barnes Bank CEO and Peoples State Bank of Commerce. The law recognizes a duty to perform stated agreements or promises written in the contract, and allow recovery of damages for the lack or failure of specific performance of said agreements or promises. B. Therein, now considered a voidable Contract, on grounds the Bank induced a fraudulent omission committed against Plaintiff and failing to make good on promise of this insurance coverage and apply the insurance coverage accordingly, with further fraudulent omission, misrepresentation to the Marshall County Circuit Court, that insurance even existed, rather chose to induce the Court to wrongfully act-move against Plaintiff.

Kirkland: 4:11-CV-3902 TMP

84

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

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C. Plaintiff may now rescind the Contract, for this Breach of Contract. Plaintiff asks the Court to Order Defendants, Brenda Barnes and Peoples State Bank of Commerce to execute a final Deed-Title to Property in dispute, to Plaintiff, (free & clear), where Defendants did agree, did issue a written, contracted Mortgage Agreement to sell Plaintiff the Property in dispute, has since refused to honor Plaintiff s legal contracted right to possess and enjoyment of Plaintiff s Property by committing an inexcusable Breach Of the Mortgage Contract by the Act of Criminal Conspiracy committed against Plaintiff. D. Further, Plaintiff holds a lawful Land Patent on the Property, that is not refuted-rebutted, which has not been in question throughout any court proceedings in the Marshall County Circuit Court. E. Plaintiff demands Judgment against the Defendants Brenda Barnes Bank CEO of / and Peoples State Bank of Commerce for Compensatory Damages in excess of ($350,000.00), Three Hundred and Fifty Thousand Dollars plus costs of this proceeding, taxes and interest, and for such other and further relief as to the court seems just and proper in the premises. F. Plaintiff awarded a final Deed-Title to Land Property paid in full, (free & clear) of any further financial or physical land encumbrance. G. The return of stolen car, and with full restored repairs on wear & tear and damages to the Plaintiffs 1998 White Chevrolet Corvette. WHEREFORE, Plaintiff demands Judgment against the Defendant Brenda Barnes for Special Damages, Consequential Damages, further Compensatory Damages as the Court shall find, and Punitive Damages as the Court shall find, plus costs of this proceeding and interest, and for
Kirkland: 4:11-CV-3902 TMP 85 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

86

such other and further relief as the court deems appropriate, just and proper in the premises. 253. Punitive Damages: The conduct of the Defendant Brenda Barnes is seen as so malicious, outrageous, intentional, offensive, willful and wanton and in complete disregard for the rights of Plaintiff, Plaintiff Demands Punitive Damages for (1/2 ) One Half of Brenda Barnes Net Worth, to assets, any inheritance, and Plaintiff further demands (1/2) of all Bank or Business profits, salaries, commissions, bonus, profit sharing, profits from stocks, Bonds, or any other entitlement Paid to Brenda Barnes to be garnished by the Federal Court for the next (8) eight years, and Plaintiff further demands (1/3) of Banks Net Worth Demanded as punishment. DEFENDANT NO. 1 BRENDA BARNES COUNT 1

CONSPIRACY
254. Plaintiff incorporates herein by reference at all times relevant to this Complaint Defendant was acting under the authorities of pursuant to and under 42 U.S.C. 1983 et seq., 1985 et seq., 1981 and 1982 et seq., 18 U.S.C. 242, and 241, to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1) through (87), directly as its total description was mostly all joined, caused, and or is attributable to Defendant No.1, Brenda Barnes unlawful actions to Plaintiffs First Cause of Action against her (Count 1) as though the same were fully set forth herein.
Kirkland: 4:11-CV-3902 TMP 86 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

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255. Plaintiff Donna Jo Kirkland and Brenda Barnes CEO/ Peoples State Bank of Commerce have had a written Contract Agreement Property Mortgage Contract in place for over 18 years. 256. Brenda Barnes CEO of Peoples State Bank Of Commerce made the Mortgage Contract Agreement with Plaintiff to the Bank with an acceptance, a consideration, by legal capacity, an intent of the parties to contract (objective meeting of the minds), and lawful object, to land property purchase to own. 257. To wit; Plaintiff is holding a lawful Trust Deed to this property of land in dispute located at, Address: 2756 Cathedral Caverns Highway in Town of Grant, Alabama 35747. 258. Peoples State Bank of Commerce has custody and control of only a copy of the original Mortgage Contract, and cannot produce the Original Note, a copy of the Mortgage Contract which is submitted in evidence to the Court by Plaintiff marked as Exhibit F-1, and then take Judicial Notice of Plaintiffs Plateau Insurance Coverage made through Peoples State Bank marked Exhibit G-2 and Exhibit G-3 and made a part hereof by reference as though fully set forth herein haec verba. 259. Defendant Brenda Barnes, Bank CEO wrote out the Mortgage Contract herself, therein had full knowledge of the Contract content in agreement. 260. Brenda Barnes herself, advised Plaintiff to purchase this Plateau Insurance Company extended insurance coverage for Plaintiffs own protection, purchased through the Peoples State Bank of Commerce

Kirkland: 4:11-CV-3902 TMP

87

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

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that would cover the Mortgage Contract payments in case of any disability. 261. Brenda Barnes knew Plaintiff purchased protective Insurance coverage on the Plaintiffs / Peoples State Bank Mortgage Contract Agreement. 262. Brenda Barnes failed by omission and concealment to apply the Insurance accordingly when Plaintiff momentarily only 1 month due, Plaintiff immediately caught up payments by herself paid in full current up-to-date. See Exhibit checks in evidence. 263. Brenda Barnes by omission, concealment, suppression of the Plaintiffs insurance caused Breach of Contract and a Fraud against the Plaintiff. 264. Brenda Barnes by omission, concealment, suppression of evidence regarding Plaintiffs cancelled checks to the bank, Mortgage Contract payments brought back current on schedule, was not disclosed to the Marshall County Court. 265. Brenda Barnes further by omission, concealment, suppression of evidence failing to disclose to, inform the Marshall County Circuit Court of these facts of existing insurance, and payments made in full current up-to-date, herein establishing intentional Perjury by Fraud to the Court. 266. Brenda Barnes knew Plaintiff from Jr. High School, further Plaintiff had a perfect record business relationship with the Bank and Brenda Barnes for over 18 years.
Kirkland: 4:11-CV-3902 TMP 88 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

89

267. Brenda Barnes omission to the Court coupled with further failure of Brenda Barnes / Peoples State Bank to perform their contractual duty owed to Plaintiff, begun to affect the Plaintiffs personal enjoyment of her land, financial interests and further leading to, actually causing violations against Plaintiffs constitutional Rights beyond the expected benefits or four corners of the Mortgage Contract itself. 268. Brenda Barnes, herself a local nearby Grant community neighbor, already had full knowledge of the on-going land disputes actions between Plaintiff and other neighbor Defendants Chuck Van Etten, to Christopher and Lorean Duvall. 269. Brenda Barnes knows Chuck Van Etten, is a former Police Officer of Grant, Alabama. 270. Brenda Barnes knows Christopher and Lorean Duvall, who are contracted as windshield-Glass Repair Company for the City of Grant Police Department and Patrol Cars. 271. Brenda Barnes knows both of these neighbors, Etten and Duvalls, already has knowledge of their involvement in encroachments upon Plaintiffs land, engaged in Conspiracy to harass, engaging in various conduct to cause intentional torts against Plaintiffs lawful held Trust Deed through Brenda Barnes to the Peoples State Bank of Commerce. 272. Brenda Barnes having knowledge of Defendants utilizing their favorable Police friend-associates connections to aid and assist the Defendants in their efforts to further intimidate, harass Plaintiff with use of certain Police Officers and Marshall County Deputies named in this

Kirkland: 4:11-CV-3902 TMP

89

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

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Complaint, motivated to help out their buddies Chuck Van Etten and Christopher Duvall, in-fact did so by Police Misconduct. 273. Brenda Barnes then knowing such Police involvement as the land disputes materialized and were ongoing, Brenda Barnes as the Bank CEO / Peoples State Bank had running on-going concerns to a dialog in their planning or commission with Plaintiffs neighbors, Defendants, Chuck Van Etten, Christopher-Lorean Duvalls concerns and their interest to claims with involvement in Plaintiffs land in conjunction with Peoples State Banks ownership Mortgage Contract with the Plaintiffs land in dispute. 274. Brenda Barnes knew that Chuck Van Etten utilizing Guntersville City Attorney Dan Warnes, ( a conflict of interests) in Ettens private matter pursuit to get a portion of Plaintiffs land. 275. Brenda Barnes knew City Attorney Dan Warnes was not involved in a City matter, but rather a private matter, representing Chuck Van Etten, who is not entitled to use of a City Attorney in his private matter against Plaintiff. 276. Dan Warnes, City Attorney, while in Office, cannot hold two (2) opposing, conflicting job positions at the same time as City Attorney and represent a person in a private civil matter at the same time. 277. Brenda Barnes knew Chuck Van Etten using the City Attorney Dan Warnes, had already been granted a Marshall County Court Judgment by Judge Tim Jolley, against a portion of Plaintiffs land, against Plaintiffs Trust Deed to her land, owned by the Bank in a Mortgage Contract with Plaintiff, by adverse possession rhetoric and an aerial photograph, in
Kirkland: 4:11-CV-3902 TMP 90 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

91

effect, stealing land from Plaintiff and the Bank which no doubt had the attention of and concerned Brenda Barnes. 278. Brenda Barnes knowing Christopher and Lorean Duvalls ongoing harassments of Plaintiff, the Duvalls then soon after also used City District Attorney Steve Marshall once again to prosecute Plaintiff on a falsified charge of an alleged event where the Duvalls claimed Plaintiff then ran down their children with Plaintiffs truck, Plaintiff suffered false arrest, false imprisonment by Marshall County Deputy Billy Dobbins. 279. Plaintiff has filed Complaints and liens against Brenda Barnes and Deputy Billy Dobbins to stop their unlawful actions at Plaintiff. 280. Billy Dobbins a Marshall County Deputy, in retaliation of Plaintiffs lien filed against him, who is also in the horse trading business, having a recent interest in Plaintiffs horses made the attempt through another recent event by Marshall County Animal Control to gain Plaintiffs horses, has also been instrumental in other arrests of Plaintiff. 281. Brenda Barnes, also Member of the Chamber of Commerce seeking, considering land-zoning proposals, engaged, persuaded, motivated to acquire land for use to the City of Grant. 282. Brenda Barnes Bank CEO therein always looking for ways the Bank could gain-maximize its Bank Profits, Bank makes money, Brenda Barnes makes money, selling to any private business investor who would just love to get a hold of prime real estate, 15 acres of location, location, location along the main Cathedral Caverns Highway.
Kirkland: 4:11-CV-3902 TMP 91 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

92

283. Brenda Barnes certainly saw an invitation with the Defendants Christopher-Lorean Duvall and Chuck Van Etten to a doorway to Plaintiffs land when Plaintiff after an 18 year perfect Banking record unblemished, only momentarily got a month behind payment due to financial setback where Plaintiff incurred substantial costs with sister Susies facial cancer surgery. 284. Brenda Barnes ignoring the Plaintiffs Insurance coverage, and Plaintiffs 18 year loyal customer record, DID NOT hesitate or slow down to use this doorway and immediately entered in joining in the conspiracy with Brenda Barnes herself actually committing the overt act of a false-forced Foreclosure in furtherance on behalf and with other Defendants to take Plaintiffs property from her for the Banks and the other Defendants own personal monetary gain. 285. Brenda Barnes did then commit an immediate forced Foreclosure against Plaintiff ignoring the protective insurance coverage in place by omission, concealment, suppression of insurance evidence, ignoring that Plaintiff was an extraordinary loyal Bank Customer, (18 year unblemished record) and even accepted Plaintiffs immediate payments to catch up the month late payment resuming normal Bank scheduled Mortgage payments right back on track-on time. See Plaintiffs submitted evidence to the Court included and marked Exhibit E and made a part hereof by reference as though fully set forth in haec verba with the Document titled; 286.
PETITIONS FOR TEMPORARY RESTRAINING ORDER, PETITION FOR EXTENSION OF TIME TO AMEND PLEADINGS, PETITION FOR LEAVE TO AMEND COMPLAINT

Kirkland: 4:11-CV-3902 TMP

92

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

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A copy of which was filed to you in the Court Record on February 9, 2012 with the evidence of Plaintiffs cancelled checks included and marked Exhibit E showing (4 pages) of cancelled Bank Checks as accepted Bank payments. 287. Brenda Barnes had advised -told Plaintiff to get the extended protective insurance coverage in case of illness, unemployment disabilities as such would cover the Mortgage payments accordingly. 288. Plaintiff then did get pay for this extended insurance coverage acquired through Brenda Barnes and the Peoples State Bank of Commerce to the Plateau Insurance Company. 289. Plaintiffs Plateau Insurance Contract is paid up and expires in 2013. 290. Plaintiff thereby shows she has protective insurance coverage on this Mortgage Contract that in the event, Plaintiff suffered a financial impairment to make normal monthly scheduled Mortgage payments, or even including physical impairment, disability, handicapped, or upon death, additional contracted agreed insurance coverage would apply in place to make the Mortgage payments. 291. Plaintiffs entitlement to this disability insurance coverage is present and seen on the face of the Mortgage Contract, Plateau Insurance Contract. 292. Brenda Barnes / Peoples State Bank including their attorneys failed to identify and disclose this disability insurance to the Court.

Kirkland: 4:11-CV-3902 TMP

93

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

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293. Brenda Barnes and Peoples State Bank had knowledge Plaintiff had immediately caught up Mortgage Payments in full and current by evidence of Plaintiffs submitted cancelled checks to the Bank now already in Court evidence. 294. Brenda Barnes, the Bank, and their attorneys failed to identify and or disclose Plaintiffs check payment in full to the Court. 295. Plaintiff now suffers Injury -Damages from Defendants, Brenda Barnes and Peoples State Bank's failed omission, concealment, suppression or misrepresentation of Mortgage Contract insurance coverage and check payment evidence to the Court, failed to report or disclose this information to the Court. 296. Brenda Barnes and her attorneys, in effect to (cover-up) this evidence, choosing rather to fraudulently force and DID commit an immediate Foreclosure against the Plaintiff, has caused Plaintiff substantial financial damage, physical harm and psychological trauma. 297. This Mortgage Contract spells out the obligations and specific details of performance to the Contract. Defendants both Brenda Barnes CEO / and Peoples State Bank of Commerce have a duty owed to the Plaintiff to honor, abide by, perform specific performance of this Contract. 298. Brenda Barnes therein for one, to engage Plateau Insurance Company in case of Plaintiffs ability to make payments were to be impaired, Plateau Insurance would initiate to make payments accordingly to the Contract.

Kirkland: 4:11-CV-3902 TMP

94

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

95

299. When the party Defendants to the Contract, Brenda Barnes / Peoples State Bank failed to render the agreed performance, the Plaintiff not only lost the benefit and enjoyment to her property, but also suffered several other kinds of serious injury brought on by Defendants Fraud Upon The Court, in deceit, including substantial constitutional rights violations with intentional torts, resulting in physical, emotional and pecuniary harm, as a direct result. 300. Plaintiff filed Complaint and documents in Court against Brenda Barnes. 301. Brenda Barnes, in retaliation then knowingly stepped up increased Court pressure, continued her deceit, falsely accused Plaintiff before the Marshall County Circuit Court, inducing fraudulent unlawful Court Actions against Plaintiff. 302. Brenda Barnes therein, initiating Police and Marshall County Sheriff Deputies to harm-cause substantial physical pain and emotional pains holding, squeezing, twisting cancer surgery tissue in her arm or rather what is left of her arm, a petite 90 lb. cancer survivor, in cuffs, held in painful body position restraint. 303. Brenda Barnes all during this time in conjunction with coconspirators motives, Plaintiff has been forced to suffer repeated False Arrests, False Imprisonments, on other correlated Court Charges. 304. Plaintiff was then & now, is still currently being sought after by an outstanding fraudulent defective Arrest Warrant, where this continuous Abuse of Process to a malicious prosecution kept Plaintiff out of Court unable to defend anything before the Court, and still is right now.
Kirkland: 4:11-CV-3902 TMP 95 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

96

305. Brenda Barnes was therein granted unlawful Foreclosure by the Court, then by her attorney, attempts to sell Plaintiffs property on the Courthouse steps, unsuccessful, Brenda Barnes attorney sells property back to the Bank, then transferring Plaintiffs property to Ryan Clark, his father works for the Bank. 306. Plaintiff has fully performed all conditions, covenants, and promises to be performed on the part of Plaintiff under the Mortgage Contract Agreement between her and Peoples State Bank Of Commerce. 307. Brenda Barnes therein having full knowledge of her deceit of omission, concealment Court Fraud, is granted unlawful Writ of Seizure, orders Plaintiffs 1998 Chevrolet Corvette taken by Marshall County Sheriff Deputy Charles Coffin, now by causing Breaking & Entering, cut locks on Plaintiffs gate, takes Plaintiffs Corvette by Grand Larceny Theft. 308. Chuck Van Etten therein shortly thereafter, is actually seen by several witnesses actually driving Plaintiffs 1998 Chevrolet Corvette in front of Plaintiffs Home, around town, and parked in Chuck Van Ettens own driveway. 309. Plaintiffs evidence shows Brenda Barnes with other Defendants to City and County interests are all seen as involved interests in grabbingtaking Plaintiffs land, chattels, other property, running Plaintiff off the land permanently. 310. Brenda Barnes is seen as directly involved committing overt acts herself against Plaintiff, having full knowledge to and joined in related and combined actions to various other Defendants committing a number
Kirkland: 4:11-CV-3902 TMP 96 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

97

of overt acts against Plaintiff in and out of Court, were done in the execution or furtherance of the common design to conspiracy, the nature and scope providing that there is independent evidence here to show the existence of the widespread conspiracy against Plaintiff and that many other conspirators are a party to it. 311. Brenda Barnes therein, already knowing both co-conspirators Defendants Chuck Van Etten and Christopher-Lorean Duvall already engaged in using their Police connections to continually harass Plaintiff with false- fabricated lies into a set-up, falsely accused, falsely charged Plaintiff, suffering False Arrest, False Imprisonment before the Marshall County Circuit Court, Defendants granted further Judgment by Fraud Upon the Court, Brenda Barnes continues in joined Conspiracy to facilitate, incite and encourage all continued in the Conspiracy in full concert failing to make disclosure by omission remaining silent, a Fraud against Plaintiff, a Fraud Upon The Court. 312. PLAINTIFF, therein was damaged as a result of Brenda Barnes committing actions in a conspiracy causing extreme violations of the Plaintiffs constitutional Rights, Contract Rights, Property Rights, intentional torts to a malicious prosecution, Plaintiff was therein damaged by physical arrest, to a false imprisonment, loss of liberty, loss of land, loss of car, loss of other property, made to suffer extreme financial loss, financial damage and hardship, physical pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, resulting in severe Duress and deprivation of society with her family as a result. 313. Therefore, Brenda Barnes joining in Conspiracy causing Plaintiff substantial contractual financial damage to a Breach of
Kirkland: 4:11-CV-3902 TMP 97 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

98

Contract, loss of land and enjoyment of property, causing false arrestfalse imprisonment, substantial constitutional Rights violations, under attack to a complete lack of Due Process, Equal Protection and substantial Torts all going against Plaintiff, using the Peoples State Bank Power, made fraudulent banking accusations against Plaintiff, utilizing Marshall Countys prosecuting Power, to the Court Judges, contacted County Sheriff Scott Walls, Sheriff Deputies & local Police of Grant utilized, Marshall County Prosecuting Attorney to the Alabama State Attorney Generals Power, Marshall County Political Power all on board the Train To Railroad Plaintiffs Caboose right off the track for good, way past hope of a salvage yard, by Breach of Contract, Omission, concealment, suppression of evidence with Fraud, Perjury, going to a Malicious Prosecution with complete Abuse of Process, putting Plaintiff under the Jail, all in violation of and pursuant to U.S.C. Title 42 1983 et seq. 1981, 1982, Title 18 U.S.C. 242, 241 conspiracy, violations by and under 1985 Conspiracy. 314. PLAINTIFFS DEMAND FOR SPECIAL DAMAGES AGAINST BRENDA BARNES 1. Plaintiff demands all Medical Bills, payments made in full for all necessary Mental / Medical Trauma diagnosis, therapy, treatment, procedures, medicines, hospitalization and / or Doctors Bills, or any other costs known or unknown regarding the same to Plaintiffs care. 2. Permanent Injunction Relief Order, an agreement by the parties to a lifetime Restraining Order as a part or portion of remedy the Court will have in the authority to impose the parties agreed provision, to be enforced by the Court as part of any settlement, wherein Brenda Barnes must be Court Ordered to permanently never contact,
Kirkland: 4:11-CV-3902 TMP 98 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

99

or come near or in close proximity to Plaintiff, or send any agent for any reason ever again anywhere else near Plaintiff. To Wit: A.Permanent Injunction Court Order (Lifetime) against Brenda Barnes to (Stop) her from ever coming near or contacting Plaintiff ever again, or her agents. B. Prevent Brenda Barnes from ever entering upon or near Plaintiffs properties ever again, or her agents. C. Prevent Brenda Barnes from driving near or on any connecting road as to be driving by in view of Plaintiffs property. D. Prevent Brenda Barnes or her agents from coming near Plaintiff in public or private environments, where real threat of immediate violent danger to human life, health, property, exists, as damage or the threat of human life and damage is irreparable harm. E. To stop, remove, restrain, or restrict this nuisance Brenda Barnes, is the primary basis for this lawsuit, both for damages caused by this nuisance and for Permanent Order (Injunction) against continuing invasion against Plaintiff of any more harmful activity, as to her displayed Banking Fraud - false acts misleading the Courts, threat to do financial harm, aggression, and all related conditions against Plaintiff. F. Brenda Barnes to be required under Court Order to pay the costs of removal and clean-up of any garbage to debris caused from her conspiratorial involvement unlawfully running Plaintiff off her land ending in furthered deterioration -destruction of Plaintiffs property.

Kirkland: 4:11-CV-3902 TMP

99

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

100

G. Pay the costs of full restoration of or complete repairs to any thing, chattel, to the land, or other property she caused with destructive damage done. H. All medical costs for injury to animals on the premises. I. The original survey re-conveyed, boundary line pin markers reinstalled, with re-survey costs included. J. Bushes, fill dirt, grass, plants, and all vegetation properly restored to such as the flowers, flower beds, vegetable garden, water fountains, holes, trenches filled, grass seeding, harmful air pollutants, chemicals, toxic soil removed. K. Brenda Barnes unlawful land encroachment is null & void against Plaintiff, a Judgment for Plaintiff to Bill of Quiet Title is sought, as a Bank Property Mortgage Agreement, a written Contract, was / is / still remains in effect, still at issue before the Court to be now determined by Jury, as there is an agreement between the parties, Plaintiff and Brenda Barnes, Bank CEO and the Peoples State Bank of Commerce. The law recognizes a duty to perform stated agreements or promises written in the contract, and allow recovery of damages for the lack or failure of specific performance of said agreements or promises. L. Further, Plaintiff holds a lawful Land Patent on the Property, that is not refuted-rebutted, which has not been in question throughout any court proceedings in the Marshall County Circuit Court. M. Plaintiffs Marshall County Circuit Court Records of Judgments, Orders, and all proceedings in these entire matters EXPUNGED.
Kirkland: 4:11-CV-3902 TMP 100 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

101

N. Plaintiff awarded Declaratory Prospective Injunctive Relief Order from all Marshall County Court Judgments and proceedings. O. Permanent Injunction Protection from Brenda Barnes, Lorean Duvall, Christopher Duvall, Chuck Van Etten, Grant Police Officers, Marshall County Sheriff Deputies, Sheriff Scott Walls from ever again coming near or on Plaintiffs Properties, bothering-contacting Plaintiff based on any matter within this Complaint. P. Brenda Barnes to pay Expenses-Costs incurred by alternate transportation, fuel, tires, oil, mileage wear & tear, travel time, assisted helps time involved. Q. Brenda Barnes to reimburse Plaintiff for Shelter Rents paid away from home, and further, property restitution of time away incurred by denial of enjoyment to Home and personal property. R. Plaintiff claims the value of loss to enjoyment of her land, and to loss for disrupted plans for this land use to future profits. S. Plaintiff claims the measure of damages for the wrongful occupation of her property including to the preceding five years prior to the time of this commencement of Complaint action as the Court shall find. T. Plaintiff claims the Cost of repair and restoration of the property to its original condition and; U. Plaintiff claims the costs she has incurred of recovering possession. 315. Consequential Damages:
Kirkland: 4:11-CV-3902 TMP 101 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

102

For Carolyn Sue Kirkland, has suffered severe increased duress, physical discomfort, mental pain & suffering away from familiar surroundings and assisted home equipment, devices, medical convenience of care. 316.
PLAINTIFFS DEMANDS FOR COMPENSATORY DAMAGES AGAINST BRENDA BARNES

A. A written Contract, a Bank Property Mortgage was / is / still remains in effect, still at issue before the Court to be determined by Jury, as there is an agreement between the parties, Plaintiff and Defendants Brenda Barnes Bank CEO and Peoples State Bank of Commerce. The law recognizes a duty to perform stated agreements or promises written in the contract, and allow recovery of damages for the lack or failure of specific performance of said agreements or promises. B. Therein, now considered a voidable Contract, on grounds the Bank induced a fraudulent omission committed against Plaintiff and failing to make good on promise of this insurance coverage and apply the insurance coverage accordingly, with further fraudulent omission, misrepresentation to the Marshall County Circuit Court, that insurance even existed, rather chose to induce the Court to wrongfully act-move against Plaintiff. C. Plaintiff may now rescind the Contract, for this Breach of Contract. Plaintiff asks the Court to Order Defendants, Brenda Barnes and Peoples State Bank of Commerce to execute a final Deed-Title to Property in dispute, to Plaintiff, (free & clear), where Defendants did agree, did issue a written, contracted Mortgage Agreement to sell Plaintiff the Property in dispute, has since refused to honor Plaintiff s legal
Kirkland: 4:11-CV-3902 TMP 102 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

103

contracted right to possess and enjoyment of Plaintiff s Property by committing an inexcusable Breach Of the Mortgage Contract by the Act of Criminal Conspiracy committed against Plaintiff. D. Further, Plaintiff holds a lawful Land Patent on the Property, that is not refuted-rebutted, which has not been in question throughout any court proceedings in the Marshall County Circuit Court. E. Plaintiff demands Judgment against the Defendants Brenda Barnes Bank CEO of / and Peoples State Bank of Commerce for Compensatory Damages in excess of ($350,000.00), Three Hundred and Fifty Thousand Dollars plus costs of this proceeding, taxes and interest, and for such other and further relief as to the court seems just and proper in the premises. F. Plaintiff awarded a final Deed-Title to Land Property paid in full, (free & clear) of any further financial or physical land encumbrance. G. The return of stolen car, and with full restored repairs on wear & tear and damages to the Plaintiffs 1998 White Chevrolet Corvette. WHEREFORE, Plaintiff demands Judgment against the Defendant Brenda Barnes for Special Damages, Consequential Damages, further Compensatory Damages as the Court shall find, and Punitive Damages as the Court shall find, plus costs of this proceeding and interest, and for such other and further relief as the court deems appropriate, just and proper in the premises. 317. Punitive Damages: The conduct of the Defendant Brenda Barnes is seen as so malicious, outrageous, intentional, offensive, willful and wanton and in complete disregard for the rights of Plaintiff, Plaintiff
Kirkland: 4:11-CV-3902 TMP 103 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

104

Demands Punitive Damages for (1/2 ) One Half of Brenda Barnes Net Worth, to assets, any inheritance, and Plaintiff further demands (1/2) of all Bank or Business profits, salaries, commissions, bonus, profit sharing, profits from Stocks, Bonds, or any other entitlements Paid to Brenda Barnes to be garnished by the Federal Court for the next (8) eight years, and Plaintiff further demands (1/3) of Banks Net Worth Demanded as punishment. BRENDA BARNES COUNT 2

Breach of Contract
318. Plaintiff incorporates herein by reference at all times relevant to this Complaint Defendant was acting under the authorities of pursuant to and under 42 U.S.C. 1983 et seq., 1985 et seq., 1981 and 1982 et seq., 18 U.S.C. 242, and 241, to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1) through (105), directly as its total description was mostly all joined, caused, and or is attributable to Defendant No.1, Brenda Barnes unlawful actions to Plaintiffs Second Cause of Action against her (Count 2) as though the same were fully set forth herein. 319. Plaintiff Donna Jo Kirkland and Defendants Brenda Barnes CEO of / and Peoples State Bank of Commerce entered into a lawful binding Mortgage Contract. 320. The Bank has custody and control of only a copy of the Mortgage Contract, no longer in possession of the original Note, and cannot
Kirkland: 4:11-CV-3902 TMP 104 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

105

produce the original Note which has been sold, a copy of the Mortgage Contract which is submitted in evidence to the Court marked as Exhibit F-1, and then take Judicial Notice of Plaintiffs Plateau Insurance Coverage made through Peoples State Bank of Commerce marked Exhibit G-2 and Exhibit G-3 and made a part hereof by reference as though fully set forth in haec verba. 321. Plaintiff Donna Jo Kirkland and Brenda Barnes CEO/ Peoples State Bank of Commerce have had a written Contract Agreement-Property Mortgage Contract in place for over 18 years, made with an acceptance, consideration, by legal capacity, intent of the parties to contract together, (objective meeting of the minds), and lawful object, land property to which Plaintiff is holding a lawful Trust Deed to this property located at, Address: 2756 Cathedral Caverns Highway in Grant, Alabama 35747 322. Plaintiff has the additional Disability Insurance coverage on this Mortgage Contract. Plaintiff, that in the event, suffered a financial impairment to make normal monthly scheduled Mortgage payments, or even including physical impairment, disability, handicapped, or upon death, Plaintiff had additional Life Insurance contracted with agreed insurance coverage that would apply in place to make the Mortgage payments. 323. Plaintiff therefore, does have the right to demand performance from the Bank to honor that insurance. 324. Plaintiff repeated attempts to the Bank to initiate and apply this insurance coverage, but Plaintiff was ignored and denied. 325. Plaintiff performed or tendered performance according to the
Kirkland: 4:11-CV-3902 TMP 105 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

106

terms of the contract, where even without assistance of payment from insurance, Plaintiff herself brought a 1 month delay immediately back current payment up-to-date. 326. Brenda Barnes, CEO of Peoples State Bank of Commerce, wrote up the written Land-Property Mortgage Contract, drawn or written between the two Parties to the Contract, Plaintiff Donna Jo Kirkland, and Peoples State Bank of Commerce in Grant, Alabama. 327. Defendant Brenda Barnes Bank CEO therein, responsibleaccountable to having full knowledge of the Insurance Coverage and all content to the Mortgage Contract. 328. This Bank Mortgage Contract spells out the obligations and specific details of performance to the Contract. 329. Defendants both Peoples State Bank of Commerce and Bank CEO Brenda Barnes have a duty owed to the Plaintiff to honor, abide by, perform specific performance of this Contract. 330. Brenda Barnes in this one instance, to engage-or apply Plateau Insurance Company in case of Plaintiffs ability to make payments were to be impaired, Plateau Insurance would initiate and apply to make payments accordingly to the Contract. 331. There is shown a duty owed to Plaintiff to apply this insurance upon the cause of Plaintiffs impairment, whereby the Defendants ignored, failed to contact or inquire for payment from the Insurance Company.

Kirkland: 4:11-CV-3902 TMP

106

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

107

332. The Bank intentionally failed to perform in accordance with the contract, failed to apply the insurance, failed to honor or perform the contractual obligation with Plaintiff, thereby committing or causing a Breach of Contract. 333. Defendants Brenda Barnes / Peoples State Bank committed a Breach of Contract, which a Tort action may be founded upon, did arise from the specific obligations which arise out of the Contract which creates by agreement of the parties certain enforceable obligations under the law. 334. Plaintiff was only 1 month behind, and without the help of insurance still immediately brought payments back current paid in full up to date. See Plaintiffs checks submitted into Court Evidence. 335 . Plaintiff then suffered Defendants, Brenda Barnes and Peoples State Bank's failed omission, or misrepresentation to the Plaintiff, and then also to the Court, failed to report or disclose to the Court, disclosure of Plaintiffs entitlement to insurance coverage in the Mortgage Contract to the Marshall County Circuit Court. 336. Brenda Barnes / Peoples State Bank including their attorneys all rather failed to identify and report this insurance coverage to the Court. 337. Brenda Barnes / Peoples State Bank including their attorneys all failed to identify and report Plaintiffs Paid-In-Full Mortgage Payment Checks bringing Mortgage current up-to-date.

Kirkland: 4:11-CV-3902 TMP

107

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

108

338. Insurance coverage is clearly present and seen on the face of the Mortgage Contract. 339. Brenda Barnes and her attorneys, in effect to conceal or (cover-up) this evidence, choosing rather to fraudulently force and commit an abrupt, immediate Foreclosure against the Plaintiff. 340. Brenda Barnes has then demonstrated a Breach of the Covenant of good faith in her dealing here implied by law with the Mortgage Contract drawn-written up by herself as Bank CEO of / and Peoples State Bank, and Plaintiff. 341. Brenda Barnes has violated Plaintiffs contractual rights shown by the intentional misconduct with malice, an evil motive to cause this Breach Of Contract for her own personal monetary gain. 342. Brenda Barnes Breach of Contract gives rise to this Tort Count of breached liability purely in Bad Faith against the Plaintiff, as this claim for damages to the Plaintiff s Mortgage Contract to her Property, is insured, (insurance is in place on property,) Brenda Barnes had full knowledge of this fact. 343. When the party Defendants Brenda Barnes / Peoples State Bank of Commerce to the Mortgage Contract failed to render the agreed performance, the Plaintiff not only lost the benefit and enjoyment to her property by a fraudulent immediate forced Foreclosure, but also suffered several other kinds of torts leading to injury, including physical, emotional and pecuniary harm, as a direct result.

Kirkland: 4:11-CV-3902 TMP

108

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

109

344. This Breach of Contract was intentional and reckless, as Defendant Brenda Barnes CEO wrote out the Contract herself, had full knowledge of the Contract content in agreement. 345. Brenda Barnes knew Plaintiff purchased protective Disability Insurance coverage, but failed by omission to apply the Insurance, further failing to disclose or inform the Court of this fact of insurance. 346. Brenda Barnes knew Plaintiff from Jr. High School, further Plaintiff had a perfect banking record business relationship with the Bank and Brenda Barnes for over 18 years. 347. This omission, concealment, suppression of insurance coverage, coupled with further failure of Brenda Barnes / Peoples Bank to perform their contractual duty owed to Plaintiff, begun to affect the interests and Rights of the Plaintiff beyond the expected benefits of the contract. 348. Brenda Barnes had full knowledge of the ongoing land disputes actions between Plaintiff and other Defendants, Chuck Van Etten, Christopher and Lorean Duvall. 349. Brenda Barnes herself, a local nearby community neighbor, knew Christopher and Lorean Duvall contracted working for the Police Department repairing glass windshields, Chuck Van Etten a former Police Officer of Grant utilizing favorable assistance from Police associates. 350. Brenda Barnes is a member of the Chamber of Commerce seeking, considering land-zoning proposals to land for the City of Grant.
Kirkland: 4:11-CV-3902 TMP 109 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

110

351. Brenda Barnes therein, entered in and joined the conspiracy with the clear intention to aid & abet in planning the commission to the overt acts to harassment of Plaintiff forced into a unlawful Foreclosure. 352. Brenda Barnes in furtherance with the other Defendants to turn Plaintiffs life into a living Hell, taking Plaintiffs property by armed Police force, took Plaintiffs property from her for Brenda Barnes own personal monetary gain. Bank makes money, Brenda makes money. 353. Brenda Barnes then knowingly falsely accused Plaintiff to the Marshall County Circuit Court, inducing fraudulent unlawful Court Action. 354. County Sheriff Scott Walls, Sheriff Deputies & local Police of Grant who took further action by fraudulent defective Arrest Warrant, therein unlawful-unconstitutional actions against the Plaintiff and her Rights. 355. Plaintiff was physically then manhandled by Police and Deputies to suffer Aggravated Assault & Battery, False Arrest, False Imprisonment causing physical injury and pain to bodily areas of cancer muscle- tissue surgery removal. 356. Plaintiff originally borrowed ($130,000.00) One Hundred, Thirty Thousand Dollars. That amount, plus an additional $200,000.00 Two Hundred Thousand more has now already been paid back to the Bank in interest, a total paid sum of over (300,000.00) Three Hundred Thousand Dollars paid back to the Bank, with yet a remaining balance of interest still maintained by the Bank in approximately (70,000.00) Seventy Thousand Dollars.
Kirkland: 4:11-CV-3902 TMP 110 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

111

357. Defendant Brenda Barnes and Peoples State Bank now by trick of Fraud-deceit-deception with forced Foreclosure against Plaintiff, $300,000.00 is not enough. 358. Brenda Barnes and the Bank stand to profit all over again by reselling Plaintiffs land to those instrumental in this joined conspiracy as well as gaining land for sale to the City of Grant, for city use and expansion without just compensation to Plaintiff. Do you call that a bargain? Or perhaps a Steal? 359. Defendants Brenda Barnes and Peoples State Bank of Commerce remain liable in tort for nonperformance, the cause furthered by failure to disclose the fact of insurance coverage carried on the Bank Mortgage Contract to the Court was made without any intent to perform it establishes a direct intentional fraud to the Court for which a tort action in deceit lies, and clearly demonstrates Defendants purpose to take Plaintiffs land joined in conspiracy causing Damages to Plaintiff. 360. Brenda Barnes failed to perform in accordance with the contract, a basis for rescinding the contract, as the failure or refusal to perform constitutes such a material breach as to justify rescission. 361. Plaintiff has fully performed all conditions, covenants, and promises to be performed on the part of Plaintiff under the Mortgage Contract Agreement between Plaintiff and Defendants Peoples State Bank of Commerce and Brenda Barnes. 362. Brenda Barnes / Peoples State Bank of Commerces trick by Fraud Breach of Contract and committed torts against Plaintiff has resulted in the unjust enrichment of Defendants at Plaintiffs horrendous expense,
Kirkland: 4:11-CV-3902 TMP 111 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

112

financially, physically, emotionally, and spiritually where Plaintiff suffers harm and damages. 363. PLAINTIFF, therein was damaged as a result of Brenda Barnes committing actions in a malicious prosecution, Plaintiff was therein damaged by physical arrest, to a false imprisonment, loss of land, loss of car, loss of other property, made to suffer extreme financial damage and hardship, physical pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, and deprivation of society with her family as a result. 364. Therefore, Brenda Barnes did violate a Breach of Mortgage Contract, most all of the Plaintiffs entire Constitutional Bill of Rights, right to contract, property rights, all causing an outrageous intentional Abuse of Process against Plaintiff, a reckless disregard even with malice against Plaintiffs Rights pursuant to and under Title 42 U.S.C. 1983 et seq., 1981, 1982, 1985, Title 18 242, and 241. 365. PLAINTIFF DEMAND FOR DAMAGES AGAINST BRENDA BARNES Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff against Brenda Barnes Bank CEO, is set out just before the beginning of COUNT 1 Conspiracy against her, is applied here as though the same were fully set forth herein. BRENDA BARNES COUNT 3. VIOLATION OF CONSTITUTIONAL RIGHTS TITLE 42 U.S.C. 1983
Kirkland: 4:11-CV-3902 TMP 112 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

113

366. Plaintiff incorporates herein by reference at all times relevant, the conduct of all Defendants were subject to 42 U.S.C. section 1983 et seq., 1985 et seq., 1981 et seq., 1982 and 18 U.S.C. 241 et.seq., 18 U.S.C. 242 et.seq., to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1) through (113), directly as its total description was mostly all joined, caused, and or is attributable to Defendant No.1, Brenda Barnes unlawful actions to Plaintiffs Third Cause of Action against her (Count 3) as though the same were fully set forth herein. 367. Brenda Barnes DID file to and approach the Marshall County Court with a falsified-fabricated, fraudulent Breach of Contract claim against Plaintiff. 368. Brenda Barnes, by omissions, concealments, suppression of evidence, DID defraud Plaintiff, further defrauding the Court by conveniently forgetting to mention Plaintiffs paid up Mortgage Contract Insurance coverage, paid checks in court evidence that Mortgage payments were current. 369. Brenda Barnes did not produce original Mortgage Note when Plaintiff requested to view it, Peoples State Bank of Commerce is no longer owner of Original Mortgage Note, has been sold where Peoples State Bank is not the original creditor, therein cannot lawfully Foreclose on Plaintiff where the Bank is no longer a party to the Contract.

Kirkland: 4:11-CV-3902 TMP

113

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

114

370. Plaintiff filed a Complaint, and a lien against Brenda Barnes to protect Plaintiffs interests to stop Brenda Barnes unlawful actions. 371. Brenda Barnes then filed a criminal charge against Plaintiff for filing a lien against Barnes and effectively causing the Marshall County Court to issue a fraudulent defective Arrest Warrant against Plaintiff where Plaintiff was arrested and Jailed. 372. Therein, Brenda Barnes devised a calculated plan or scheme to effect a cover-up of Brenda Barnes overt acts -direct crimes to Banking Fraud Barnes committed against Plaintiff. 373. Therein, the Marshall County Circuit Court effectively denied all of Plaintiffs 14th and 5th Amendments of Due Process as easily seen on the face of the Court Record. 374. Plaintiffs Bill Of Rights have been violated with violations of the: First, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Thirteenth, and Fourteenth Amendments, and with (Due Process Clauses) (Equal Protection Clauses) the Fifth & The Fourteenth, Pursuant to, under: 42 U.S.C. 1983 et seq., 1985 et seq., 1981 et seq., 1982 and TITLE 18 and 18 242, 18 241, (Including Intentional Tort Counts) combined in joined Conspiracy. 375. Section 1983 reads as follows: Every person who under color of any statute, ordinance, regulation, custom, or usage, of any state or territory, subjects, or causes to be
Kirkland: 4:11-CV-3902 TMP 114 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

115

subjected, any citizen of the United States or other person within the jurisdiction thereof 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 376. Brenda Barnes and all Defendants committed constitutional violations against Plaintiffs Rights under color of state law. 377. Plaintiff claims that all Defendants, the (5) remaining named to this Complaint DID commit numerous varied constitutional violations against Plaintiff by violating Plaintiffs 14th and 5th Amendments Due Process against Article VI [2][3] U.S. Constitution. 378. Brenda Barnes effectively kept Plaintiff out of the courtroom denying Plaintiff 14th Amendment Rights to Due Process, Equal Protection, equal access to the Court going to severe constitutional Rights violations of the 1st, 4th, 5th, 6th, 7th, 8th, 9th, 11th,13th, 14th, Amendments. 379. Brenda Barnes therein in extreme violation of Plaintiffs constitutional Rights, severely and effectively stripped Plaintiff of: 1st Amendment Redress, to access of the Court denied. 1st, Speech, to speak in her defense. st 1 , Association, to counsel of choice. 4th Amendment No probable Cause of a crime committed to grounds to warrant Arrest and Imprisonment against Plaintiff. th 4 , Unreasonable seizure of Plaintiff and her property
Kirkland: 4:11-CV-3902 TMP 115 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

116

4 ,

th

taken to Jail. Unreasonable seizure of Plaintiffs land, and a Chevrolet Corvette taken.

5th Amendment Deprived of liberty without due process. 5th, Deprived of Due Process. 5th, Deprived of property without due process. th 5 , Deprived of property without just compensation. th 5 , __________ No Presentment, No Indictment of Grand Jury where Plaintiff was criminally charged by Brenda Barnes. th 5 , __________ Plaintiff was compelled in Jail by physical force, physical threat of harm, coerced to sign waiver or release papers as to testify-witness against herself. 6th Amendment In all criminal prosecutions, shall be by Jury, BUT there was no Jury, Plaintiff was not convicted by Jury Verdict. 6th, Guarantees absolute Jury Trial to Plaintiff, and supported by Article III Section 2 [3] The Trial of all crimes (shall be) by Jury. th 6 , Plaintiff was not informed of the (nature). 6th, Plaintiff not in the courtroom, was not allowed to confront-cross-examine prosecution witnesses. th 6 , Plaintiff not allowed to call her witnesses. 6th, Plaintiff did not have assistance of choice counsel. th 6 , __________ Plaintiff, instead of a jury trial, she received or was subjected to experience partiality, preconception, in a prejudiced Court, using City, County, Prosecutors and witnesses to the State Attorney Generals Office, in a criminal prosecution all without jury or trial.

Kirkland: 4:11-CV-3902 TMP

116

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

117

7th Amendment In Civil matters, Jury (shall be) preserved, meaning mandatory by law, judge having no discretion to do otherwise under the law, Article VI [2][3]. 7th, __________ Simple proof to mandatory Jury, the following words further state and no fact tried by jury, (shall be) otherwise re-examined in any court meaning the judge cant hear the case before himself to begin with, and further cannot over-turn a verdict by jury. 8th Amendment Plaintiff suffered-endured (4) four false arrests and (4) four false imprisonments during this time period of Court proceedings that goes to Summary Judgment punishment without due process or trial, a cruel and unusual punishment without lawful conviction. th 8 , __________ Plaintiff suffered-endures financial hardship due to excessive bails, (not uniform) substantial dollar increases in varied amounts to same charge incurred. 9th Amendment The enumeration in the Constitution, of certain rights, (shall not be construed) to deny or disparage other rights retained by Plaintiff to contract and all content rights of Article I Section 10 [1], file her Complaints against Defendants accordingly. 13th Amendment Plaintiff forced into incarcerated bondage, Jail time served without any lawful constitutional conviction by a Jury Verdict, involuntary servitude. 14th Amendment- Plaintiff deprived of her liberty without a lawful jury verdict conviction.
Kirkland: 4:11-CV-3902 TMP 117 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

118

14th, 14th, 14th ,

Deprived of all Due Process. Deprived of Equal Protection. Deprived of land and other property without due process. th 14 , __________ Marshall County State Court enforced laws which did abridge the privileges and immunities of Plaintiff, a biased prejudiced tribunal, the 14th Amendment, Section [3] forbids judges to act in insurrection against litigants, against the supreme law and controlling mandatory authority of Article VI [2][3], also held in Article III Sect. 3 [1]. 380. Brenda Barnes in retaliation, furthered by her own overt acts already in evidence to committing-joining in a land-grab Conspiracy, Breach of Contract, Fraud, Fraud Upon the Court, Perjury, to giving falsified fraudulent testimony to the Court, did effect and subjected the Plaintiff to an Abuse of Process in the Marshall County Circuit Court. 381. DISMISSED But discussed briefly here as their actions demand Plaintiff receive Declaratory Prospective Injunctive Relief Order as justice requires to this 1983 Complaint, the Judges, Grant Police Officers, Marshall County Sheriff Scott Walls, Sheriff Deputies, and each one of them in there own respective capacities did join, instigate and / or effect a Conspiracy against Plaintiff, and as direct and proximate cause of their concerted unlawful, conspiratorial, malicious prosecution, taking actions which have the purpose and / or effect of continuing their process to deprive Plaintiff of her constitutional Rights under the U.S. Constitution, statutes, and laws of the United States, in a retaliation cover-up of the unlawful unconstitutional nature of their Marshall County Court.
Kirkland: 4:11-CV-3902 TMP 118 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

119

382. Former Defendants, and each of them, were and are the agents, servants, associates, representatives, and/or employees of each of the other Defendants herein, and were at all times acting within the course and scope of such agency, representation and employment and with the permission and consent of each of said Defendants. 383. Plaintiff upon such information and belief alleges, that each of the Defendants inclusive, were, at all times herein mentioned, acting in concert with, and in Conspiracy with, each and every one of the remaining Defendants. 384. Wherever appearing in this complaint, each and every reference to Defendants and to any of them, is intended to be and shall be a reference to all Defendants hereto, and to each of them, named and unnamed, unless said reference is otherwise specifically qualified. 385. The Court protects shields their judges, Police Officers or Deputies above the law from claims under Sovereign Immunity, yet causing damages to Plaintiff, where Plaintiff continues to suffer from irreparable and immediate injury, hardship and harm from a fraudulent defective Arrest Warrant currently outstanding. 386. At all times relevant to this Complaint, DISMISSED Judges, Police Deputies were acting under the Authorities of the City Corporation charters of Town of Grant, Alabama Charter, Guntersville, Alabama, Charter, the County Corporation Charter of Marshall County, Alabama, acting under color of State law and pursuant to official City County Policy or custom, policies, procedures, practices and acts alleged as set forth herein, were undertaken, aided, authorized, supervised or consented to by each Defendants state of mind, with intentional malice,
Kirkland: 4:11-CV-3902 TMP 119 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

120

design to violate, and with deliberate indifference to and reckless disregard, conspiring to violate the rights, privileges and immunities guaranteed to Plaintiff, the First, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Thirteenth, Fourteenth Amendments, the Due Process and Equal Protection Clauses of the Fifth & Fourteenth Amendments by the Constitution of the United States, and protected further pursuant to 42 U.S.C. 1983 et seq., 42 U.S.C. 1985 et seq., 42 U.S.C. 1981 et seq., 1982 and Title 18 U.S.C. 241 et seq. and 18 242 et seq. 387. PLAINTIFF, therein was damaged as a result of Brenda Barnes committing actions in a conspiracy causing extreme violations of the Plaintiffs constitutional Rights, Contract Rights, Property Rights, intentional torts to a malicious prosecution, Plaintiff was therein damaged by physical arrest, to a false imprisonment, loss of her liberty, loss of land, loss of car, loss of other property, made to suffer extreme financial loss, financial damage and hardship, physical pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, resulting in severe Duress and deprivation of society with her family as a result. 388. Therefore, Brenda Barnes causing severe violations of Plaintiffs constitutional Rights and a further Conspiracy Against Rights in violation of the U.S. Constitution and Federal Statute 18 U.S.C. 241 conspiracy, 18 U.S.C. 242 Deprivation of Rights against Plaintiff, joining in Title 42 U.S.C. 1985 et seq., Conspiracy causing Plaintiff substantial violations of Plaintiffs Constitutional Rights, substantial contractual financial damage to a Breach of Contract, loss of land and enjoyment of property, causing false arrestfalse imprisonment, under attack to a complete lack of Due Process,
Kirkland: 4:11-CV-3902 TMP 120 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

121

Equal Protection and substantial Torts all going against Plaintiff, using the Peoples State Bank Power, made fraudulent banking accusations against Plaintiff, utilizing Marshall Countys prosecuting Power, to the Court Judges, contacted County Sheriff Scott Walls, Sheriff Deputies & local Police of Grant utilized, Marshall County Prosecuting Attorney to the Alabama State Attorney Generals Power, Marshall County Political Power by Breach of Contracts, Omissions, concealments, suppression of evidence with Fraud, Perjury, going to a Malicious Prosecution with complete Abuse of Process, putting Plaintiff under the Jail, all in violation of and pursuant to U.S.C. Title 42 1983 et seq., 1981, 1982, Title 18 U.S.C. 242, 241 conspiracy, violations by and under 42 U.S.C. 1985 Conspiracy. 389. PLAINTIFF DEMAND FOR DAMAGES AGAINST BRENDA BARNES Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff against Brenda Barnes Bank CEO, is set out just before the beginning of COUNT 1 Conspiracy against her, is applied here as though the same were fully set forth herein. BRENDA BARNES COUNT 4. CONSPIRACY TITLE 42 U.S.C. 1985 390. Plaintiff incorporates herein by reference at all times relevant to this Complaint Defendant was acting under the authorities of pursuant to and under 42 U.S.C. 1983 et seq., 1985 et seq., 1981 and 1982 et seq., 18 U.S.C. 242, and 241, to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall
Kirkland: 4:11-CV-3902 TMP 121 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

122

County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1) through (122), directly as its total description was mostly all joined, caused, and or is attributable to Defendant No.1, Brenda Barnes unlawful actions to Plaintiffs Fourth cause of Action against her (Count 4) as though the same were fully set forth herein. 391. Plaintiff specifically recalls and includes all of Counts (1, 3 supra), 12,13 infra) Counts One, Three, Twelve, and Thirteen as though fully set forth herein. 392.
LIABILITY UNDER 42 USC 1985 CONSPIRACY

For Cause in protecting rights under the Fourteenth Amendment embodied in 42 USC 1985, which provides that: (2) Obstructing justice, intimidating party. If two or more persons in any state conspire to deter by force, intimidation, or threat, any party in any court of the United States from testifying to any matter pending therein, freely, fully, and truthfully, or to injure such party in his person or property on account of his having so attended, or to influence the verdict, or if two or more persons conspire for the purpose of impeding, hindering, obstructing, or defeating, in any manner, the due course of justice in any state with the intent to deny to any citizen the equal protection of the laws. (3) Depriving person of rights or privileges. If two or more persons in any State conspire, or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person of the equal protection of the laws, or of equal privileges under the laws, or for the purpose of preventing or hindering the
Kirkland: 4:11-CV-3902 TMP 122 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

123

constituted authorities of any state or 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 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 recovery of damages, occasioned by such injury or deprivation, against anyone or more of the conspirators. 393. Brenda Barnes realizing substantial monetary gain in an easy pushover target where Plaintiff was seen as alone and vulnerable, did effect a unlawful forced Foreclosure against Plaintiff. 394. Brenda Barnes made and established a thought out calculated scheme or plan to take Plaintiffs property land and a Chevrolet Corvette, under a cover-up, under the guise of acting for the Banks interests, and took Plaintiffs property. 395. Brenda Barnes by omissions, concealments, suppression of evidence of the truth of Plaintiffs Mortgage Contract, DID effectively cause the Marshall County Court to act against Plaintiff denying Plaintiffs Due Process Rights. 396. Brenda Barnes with the other Defendants have joined in a conspiracy, by conspiring for the purpose of impeding and hindering the due course of justice, with intent to deny Plaintiff equal protection, and Due Process of law.

Kirkland: 4:11-CV-3902 TMP

123

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

124

397. Brenda Barnes and the monetary power of Peoples State Bank of Commerce were obviously quite effective, (money talks), Damn The Torpedoes (judicial hearing) NOT A TRIAL, to gain a so-called conviction by hook, crook, or whatever it took, to effect a cover-up, so as to curtail, discredit, deny and stop Plaintiff in her Rights. 398. The Judges all the while to give the appearance of maintaining lawful judicial power in front of any witnesses, court staff, over the Plaintiff so as to better contain, control, manipulate, discredit the Plaintiff to compliance, all of which is in evidence on the Court Record of Marshall County Court. 399. Marshall County Judges continuing to act unconstitutionally, therefore unlawfully but yet to the unknowing, untrained eye of onlookers, no one would have an idea as to the real truth of what was really happening, which is certain absolutely pure criminal evil and corrupt intentional violation of law on the part of the Judges, Plaintiff forced into harmful submission by illegal judicial force. 400. It is therein inferred that certainly Brenda Barnes, the Judges, the Sheriff, joined with the County Prosecutor, had a little discussion with at least one Official or another, had a meeting of the minds, to protect the Peoples State Bank of Commerce, the County Court gold mine, shield Brenda Barnes, the Judges, the Sheriff & Sheriff Deputies, Police Officers, and illegal operations of the Court from the Plaintiff and from the general Publics suspicions or knowledge. 401. Wherein, the Judges assured each of the other Defendants and or other County Officials, they would take real good care of Plaintiff.

Kirkland: 4:11-CV-3902 TMP

124

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

125

402. The evidence of record so far now shows that the Defendant Judges continued in these Hearings to DO JUST EXACTLY THAT. 403. All Defendants joined in conspiracy knowingly with the same objective or motive to protect and defend themselves from their mistakes, corrupt motives and personal agendas, and continued to fully support their judges decisions to accomplish that objective To Handle Plaintiff as a matter of County Policy. 404. Therefore, all Defendants, each one in their own respective capacities did instigate and effect a Conspiracy, acting in concert to commit an unlawful act, shared the same conspiratorial objectives, from the circumstances described herein, had a meeting of the minds and thus reached an understanding to bring about the conspiratorial objectives. 405. The Marshall County Sheriff and Sheriff Deputies, joined to the Defendants witnessing to identify Plaintiff falsely as the person committing the falsified crimes, that with all the Defendants knowing that the information & testimony supplied by Brenda Barnes, other Defendants, Sheriff Deputies, Police Officers against the Plaintiff was false & fabricated for the purpose other than bringing an offender to justice but rather misuse of Sheriffs Department, Police & Judicial Power to benefit them-selves in their proprietary and economic capacities by generating unjust county revenue. 406. Plaintiff unable to return home without Brenda Barnes or Sheriff Scott walls committing probable aggravated assault or Battery, to the Plaintiff being physically injured, to a False Arrest, False Imprisonment once again, all of this has been committed and aided by local, County, and State Officials & persons acting with, for Marshall County,
Kirkland: 4:11-CV-3902 TMP 125 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

126

occurring in, under official color of state law in concert to a combined joined conspiracy. 407. For purpose of Declaratory Prospective Injunctive Relief Order, description includes the Dismissed Judges, Police Officers, Sheriff, Sheriff Deputies, City, County Attorneys, and correlated city employees or individuals, joined to this conspiracy. 408. Defendants, and each of them, were and are the agents, servants, associates, representatives, and/or employees of each of the other Defendants herein, and were at all times acting within the course and scope of such agency, representation and employment and with the permission and consent of each of said Defendants, joined in this conspiracy. 409. Plaintiff upon such information and belief alleges, that each of the Defendants inclusive, were, at all times herein mentioned, acting in concert with, and in Conspiracy with, each and every one of the remaining Defendants. 410. Wherever appearing in this complaint, each and every reference to Defendants and to any of them, is intended to be and shall be a reference to all Defendants hereto, and to each of them, named and unnamed, unless said reference is otherwise specifically qualified. 411. PLAINTIFF, therein was damaged as a result of Brenda Barnes with having full knowledge, a meeting of the minds, and intentionally physically causing and acting in a conspiracy, with instigating, devising, committing plans or acts of harassment, committing actions to a false Breach of Contract, going into a shared joined conspiracy, then to a
Kirkland: 4:11-CV-3902 TMP 126 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

127

malicious prosecution, Plaintiff was therein damaged by physical arrest, to a false imprisonment, loss of liberty, loss of land, loss of car, loss of other property, made to suffer extreme financial damage and hardship, physical pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, and deprivation of society with her family as a result. 412. Therefore, Brenda Barnes committed-joined in violation of Title 42 U.S.C. 1985 Conspiracy to fabricated false claims, further causing Plaintiff substantial contractual financial damage to Breach of Contract, loss of liberty, loss of land and enjoyment of property, causing false arrest-false imprisonment, substantial constitutional Rights violations, under attack to a complete lack of Due Process, Equal Protection and substantial Torts all going against Plaintiff, using the Peoples State Bank Power, made fraudulent banking accusations against Plaintiff, utilizing Marshall Countys prosecuting Power, to the Court Judges, contacted County Sheriff Scott Walls, Sheriff Deputies & local Police of Grant utilized, Marshall County Prosecuting Attorney to the Alabama State Attorney Generals Power, Marshall County Political Power, omission, concealment, suppression of evidence with Fraud, Perjury, going to a Malicious Prosecution with complete Abuse of Process, putting Plaintiff under the Jail, all in violation of and pursuant to U.S.C. Title 42 1983 et seq. 1981, 1982, Title 18 U.S.C. 242, 241 conspiracy, violations by and under 1985 Conspiracy. 413. PLAINTIFF DEMAND FOR DAMAGES AGAINST BRENDA BARNES Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff against Brenda Barnes Bank CEO, is set out just before the beginning of
Kirkland: 4:11-CV-3902 TMP 127 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

128

COUNT 1 Conspiracy against her, is applied here as though the same were fully set forth herein. BRENDA BARNES COUNT 5. 414. Plaintiff incorporates herein by reference at all times relevant to this Complaint Defendant was acting under the authorities of pursuant to and under 42 U.S.C. 1983 et seq., 1985 et seq., 1981 and 1982 et seq., 18 U.S.C. 242, and 241, to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1) through (128), directly as its total description was mostly all joined, caused, and or is attributable to Defendant No.1, Brenda Barnes unlawful actions to Plaintiffs Fifth Cause of Action against her (Count 5) as though the same were fully set forth herein. 415. Plaintiff Donna Jo Kirkland and Brenda Barnes CEO/ Peoples State Bank of Commerce have had a written Contract Agreement-Property Mortgage Contract in place for over 18 years, made with an acceptance, consideration, by legal capacity, intent of the parties to contract together, (objective meeting of the minds), and lawful object, land property to which Plaintiff is holding a lawful Trust Deed to this property located at, Address: 2756 Cathedral Caverns Highway in Grant, Alabama 35747 416. Brenda Barnes had full knowledge of Plaintiffs Insurance Coverage to the Bank Mortgage Contract through the Plateau Insurance Company.
Kirkland: 4:11-CV-3902 TMP 128 U.S.C. TITLE 42 1983, 1985 et seq.

Fraud

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

129

417. Brenda Barnes advised Plaintiff to get the extended insurance coverage on the Mortgage Contract. 418. Plaintiff did get, did pay for the extended insurance coverage. (See) The Mortgage Contract submitted into Court Evidence. 419. Brenda Barnes is the person who wrote up the extended insurance coverage for Plaintiff through Peoples State Bank of Commerce. 420. Plaintiff then understood, believed she could rely on this disability insurance to cover her Mortgage payments in the event of her impaired ability to make payments should that ever occur. 421.Plaintiff was told by Brenda Barnes that Plaintiff had purchased full coverage insurance on car-property mortgage in place to cover payments when Plaintiff incurred inability-disability to make payments. 422. Plaintiff with respect to the Mortgage Loan understands she was covered by disability insurance policy coverage and credit life, through the Plateau Insurance Company acquired through Brenda Barnes and the Peoples State Bank of Commerce. 423 .Plaintiff was told this insurance coverage would provide for the Mortgage payments in the event disability or unemployment of the borrower Plaintiff. 424. Brenda Barnes had full knowledge of Plaintiff making the Mortgage payments current paid in full, Plaintiffs checks are entered into the Court evidence. See Plaintiffs submitted evidence to the Court included and marked Exhibit E and made a part hereof by reference
Kirkland: 4:11-CV-3902 TMP 129 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

130

as though fully set forth in haec verba with the Document titled; 425. PETITIONS FOR TEMPORARY RESTRAINING ORDER, PETITION FOR
EXTENSION OF TIME TO AMEND PLEADINGS, PETITION FOR LEAVE TO AMEND COMPLAINT

A copy of which was filed to you in the Court Record on February 9, 2012 with the evidence of Plaintiffs cancelled checks included and marked Exhibit E showing (4 pages) of cancelled Bank Checks as accepted Bank payments. 426. Brenda Barnes then knowingly made intentional fraudulent misleading Complaint and Affidavits to an oppressive, malicious false claims and perjured testimony statements to Marshall County Circuit Court that Plaintiff was guilty of non-payment to Banks Mortgage Contract, Brenda Barnes knew of the falsity of her claim. 427. Plaintiff was not in Bank Default. Plaintiff did make payments in which she has submitted to the Court her cancelled checks showing proof evidence Plaintiff was current up-to-date. 428. Plaintiff inquired of Brenda Barnes and Peoples State Bank of Commerce about Plaintiffs Plateau Insurance coverage to Brenda Barnes claim of Default several times and other Bank employees but was ignored and told to get a Lawyer. 429. Brenda Barnes apparently demonstrates she never intended to honor, apply or disclose the Plateau Insurance coverage.

Kirkland: 4:11-CV-3902 TMP

130

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

131

430. Brenda Barnes had a duty to disclose this information to Plaintiff and further to the Court but by deceitful conduct acted with dishonesty of intentional deception in failure to disclose or to tell the whole truth. 431. Brenda Barnes intentionally committed omission, concealment, suppression of evidence on the part of this Defendant to thereby deprive Plaintiff of her property and legal rights before the Court for Brenda Barnes own personal financial monetary gains. 432. Brenda Barnes by deceit, concealment, omission, suppression of evidence of the fact Plaintiff had insurance on the Mortgage Contract, filed to the Marshall County Circuit Court ignoring, failing to report, failing to disclose Plaintiffs Disability Insurance Coverage attachedincluded to Mortgage Contract. 433. Brenda Barnes filed false claim of Bank Foreclosure to the Court by Fraud-deceit against Plaintiff done in such manner as to further deceive or mislead the Court that the Bank had legal right to Foreclose, where Brenda Barnes herself the maker of this Contract with Plaintiff, knows or believes that the matter is not as Barnes represents it to be, knows that she does not have the lawful basis for her representation that she implies. 434. Brenda Barnes did by the concealment of material facts of this Insurance coverage, and Plaintiffs Mortgage payment checks, made willfully to induce the Court to wrongfully and unlawfully act against the Plaintiff; therein Fraud arose from this intentional, willful, suppression and to concealment of material facts which the Bank is under an obligation to communicate truthfully under Contract obligation to Plaintiff, and to the Court under Oath.
Kirkland: 4:11-CV-3902 TMP 131 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

132

435. Plaintiff was never in Bank Default, Plaintiff has been severely damaged by the Bank taking Plaintiffs land Property and a Corvette by fraudulent Court Judgment as a result. 436. PLAINTIFF, therein was damaged as a result of Brenda Barnes Fraud to Plaintiff, Fraud to the Court, committing actions in a extreme intentional malicious prosecution, Plaintiff was therein damaged by physical arrest, to a false imprisonment, loss of liberty, loss of land, loss of car, loss of other property, made to suffer extreme financial damage and hardship, physical pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, and deprivation of society with her family as a result. 437. Therefore, Brenda Barnes did commit Fraud, violating a Breach of Mortgage Contract, most all of the Plaintiffs entire Constitutional Bill of Rights, right to contract, property rights, all causing an outrageous intentional Abuse of Process against Plaintiff, a reckless disregard even with malice against Plaintiffs Rights pursuant to and under Title 42 U.S.C. 1983 et seq., 1981, 1982, 1985, Title 18 242, and 241. 438. PLAINTIFF DEMAND FOR DAMAGES AGAINST BRENDA BARNES Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff against Brenda Barnes Bank CEO, is set out just before the beginning of COUNT 1 Conspiracy against her, is applied here as though the same were fully set forth herein. BRENDA BARNES
Kirkland: 4:11-CV-3902 TMP 132 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

133

COUNT 6. PERJURY 439. Plaintiff incorporates herein by reference at all times relevant to this Complaint Defendant was acting under the authorities of pursuant to and under 42 U.S.C. 1983 et seq., 1985 et seq., 1981 and 1982 et seq., 18 U.S.C. 242, and 241, to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1) through (133), directly as its total description was mostly all joined, caused, and or is attributable to Defendant No.1, Brenda Barnes unlawful actions to Plaintiffs Sixth Cause of Action against her (Count 6) as though the same were fully set forth herein. 440. Plaintiff Donna Jo Kirkland and Brenda Barnes CEO/ Peoples State Bank of Commerce have had a written Contract Agreement-Property Mortgage Contract in place for over 18 years, made with an acceptance, consideration, by legal capacity, intent of the parties to contract together, (objective meeting of the minds), and lawful object, land property to which Plaintiff is holding a lawful Trust Deed to this property located at, Address: 2756 Cathedral Caverns Highway in Grant, Alabama 35747. 441. Brenda Barnes filed a fraudulent Foreclosure scheme against Plaintiffs lawful Mortgage Contract on this land property in dispute existing in Court evidence with physical actions taken and made Statements, Affidavits, Testimony under Oath, to material matters concerning the Mortgage Contract which Brenda Barnes directly knows herself to be false to the Marshall County Circuit Court.

Kirkland: 4:11-CV-3902 TMP

133

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

134

442. Brenda Barnes by omission, concealment, suppression of evidence regarding Plaintiffs Mortgage Contract, did make false statements against Plaintiff during judicial proceedings with the intent made and used to affect the outcome of the proceedings to mislead and deceive the Court under Oath. 443. Brenda Barnes by direct willful false statements to the contrary of the truth, stated the Bank and Brenda Barnes had every right to Foreclose on Plaintiff to the Court, when she did not. 444. Brenda Barnes had full knowledge of Plateau Insurance coverage on Plaintiffs Mortgage Contract, as she was the one who wrote it out to and included this insurance to the Contract. 445. Brenda Barnes had knowledge, knew Plaintiff had Mortgage payments paid up to date by which she / and the Bank have the checks paid in full as proof entered into the Court evidence. 446. Brenda Barnes failed to produce the Original Mortgage Bank Note requested by the Plaintiff numerous times. 447. Therein, Brenda Barnes failed by omission, concealment, suppression of evidence to the Court, the Peoples State Bank of Commerce is not the lawful creditor against Plaintiff, as the Bank apparently sold the Original Bank Note to someone else. 448. Brenda Barnes failed by omission, concealment, suppression of evidence, Plaintiff had a Land Patent on the property in dispute. 449. Brenda Barnes appeared in Court with willfulness and knowledge
Kirkland: 4:11-CV-3902 TMP 134 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

135

of the falsity of her statements and proceeded knowingly that she was testifying under Oath [penalty of perjury]. 450. Brenda Barnes made false Complaint, false Affidavit, false Testimony with the intent to defraud Plaintiff taking Plaintiffs property for monetary gains. 451. Brenda Barnes therein continued to further her cause with full intention to achieve a cover-up of Brenda Barnes Banking Fraud actions going against Plaintiff into a set-up against Plaintiff to financial ruin and Jail. 452. Therein, Brenda Barnes made false claim Complaint to Foreclosure against Plaintiff under Oath in Court. 453. Brenda Barnes made false Affidavit to Foreclosure against Plaintiff to the Court under Oath. 454. Brenda Barnes made, or gave false testimony to Foreclosure against Plaintiff in Court under Oath. 455. Brenda Barnes gave false testimony to a criminal charge against Plaintiff, (false document), to the Court under Oath. 456. Brenda Barnes fraudulently misled the Court in deceit under Oath. 457. Therefore Brenda Barnes made false statements, a scheme of falsehoods to the Court, knowing her false information would influenced the Court, change the status of plaintiff, and effecting-changing the outcome of the proceedings as a result of her false statements.
Kirkland: 4:11-CV-3902 TMP 135 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

136

458. PLAINTIFF, therein was damaged as a result of Brenda Barnes committing false testimony to unlawful claims - actions under Oath in Court. Plaintiff therein damaged by physical arrest, to a false imprisonment, loss of liberty, loss of land, loss of car, loss of other property, made to suffer extreme financial damage and hardship, physical pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, and deprivation of society with her family as a result. 459. Therefore, Brenda Barnes did commit Perjury violating a Breach of Mortgage Contract, most all of the Plaintiffs entire Constitutional Bill of Rights, right to contract, property rights, all caused further by outrageous intentional lies, false statements and testimony against Plaintiff, a reckless disregard even with malice against Plaintiffs Rights pursuant to-under Title 18 U.S.C. Statutes 1621 et seq., 1623, and 1001, as Banks are entities receiving federal funds or subject to federal regulation or supervision, further pursuant to and under Title 42 U.S.C. 1983 et seq., 1981, 1982, 1985, Title 18 242, and 241. 460. PLAINTIFF DEMAND FOR DAMAGES AGAINST BRENDA BARNES Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff against Brenda Barnes Bank CEO, is set out just before the beginning of COUNT 1 Conspiracy against her, is applied here as though the same were fully set forth herein. BRENDA BARNES COUNT 7.
Kirkland: 4:11-CV-3902 TMP 136 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

137

ABUSE OF PROCESS 461. Plaintiff incorporates herein by reference at all times relevant to this Complaint Defendant was acting under the authorities of pursuant to and under 42 U.S.C. 1983 et seq., 1985 et seq., 1981 and 1982 et seq., 18 U.S.C. 242, and 241, to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1) through (137), directly as its total description was mostly all joined, caused, and or is attributable to Defendant No.1, Brenda Barnes unlawful actions to Plaintiffs Seventh Cause of Action against her (Count 7) as though the same were fully set forth herein. 462. Brenda Barnes Bank CEO of / and Peoples State Bank of Commerce and the Plaintiff have had a binding Mortgage Contract Agreement between them for over 18 years. 463. Brenda Barnes as Bank president and CEO, also a Member of the Chamber of Commerce for the Town Of Grant is always looking for business opportunities for herself and the Bank to make money. 464. Brenda Barnes by omissions, concealment, suppression of Plaintiffs evidence in the Mortgage Contract has shown in other fact description and Counts that Brenda Barnes wanted Plaintiffs Land- and DID get Plaintiffs land and property through a so-called Foreclosure Judgment before a single- handed judge of Marshall County. 465. Plaintiff filed Complaint and Lien against Brenda Barnes to stop her improper deceitfully acquired judgment to take Plaintiffs land.
Kirkland: 4:11-CV-3902 TMP 137 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

138

Plaintiff had previously spoken with Brenda Barnes in a conversation about this Mortgage, as to, would Brenda Barnes produce the original Mortgage Note in evidence. The Note was not produced to Plaintiff. 466. Then Plaintiff sent Brenda Barnes two (2) Certified Mail Notice and Requests to produce the original Note. These were ignored. 467. Brenda Barnes / Peoples State Bank of Commerce has sold the original Mortgage Note to someone else. 468. Peoples State Bank does note own Plaintiffs Mortgage anymore, but is still demanding payment for it. 469. Brenda Barnes did not want to be found out by the Court, in her scheme to defraud Plaintiff out of her land by these acts committed by Brenda Barnes. 470. Brenda Barnes and her attorneys to the Court had to extinguish get rid of Plaintiff, her Complaint, and of the truth coming out in Court where Brenda Barnes is committing Banking Fraud, criminal actions to various torts against Plaintiff. 471. So Brenda Barnes therein on purpose to retaliate, DID effect a cover-up of Plaintiffs Complaint and evidence, Barnes filed jointly into a joined criminal charge against Plaintiffs Complaint-Lien filed against Brenda Barnes and other Defendants, referring to them as false documents? 472. Plaintiff therein suffered False Arrest-False Imprisonment and was from there on severely subjected to a perversion of law neither
Kirkland: 4:11-CV-3902 TMP 138 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

139

warranted nor authorized under the U.S. Constitution controlling law. Marshall County Court prevented Plaintiff further from all 5th & 14th Amendments Due Process-Equal Protection, failure to allow Counsel of her choice, No witnesses allowed, No cross-examination, No Presentment, No Indictment by Grand Jury, No signed Jury Form, No lawful-constitutional Standing Witness, No Signed Witness Affidavit, No lawful Arrest Warrant is / was not ever properly in place at any time then or now. 473. The Marshall County Circuit Court filing criminal felony to misdemeanor charges against Plaintiff, using Marshall County Prosecuting Attorney to the power of the State Attorney Generals Office to prosecute Plaintiff, yet failed to do it in front of a Jury. 474. Brenda Barnes effectively kept Plaintiff out of the courtroom denying Plaintiff 14th Amendment Rights to Due Process, Equal Protection, equal access to the Court going to severe constitutional Rights violations of the 1st, 4th, 5th, 6th, 7th, 8th, 9th, 11th,13th, 14th, Amendments. 475. Brenda Barnes therein in extreme violation of Plaintiffs constitutional Rights, severely and effectively stripped Plaintiff of: 1st Amendment Redress, to access of the Court denied. 1st, Speech, to speak in her defense. st 1 , Association, to counsel of choice. 4th Amendment No probable Cause of a crime committed to grounds to warrant Arrest and Imprisonment against Plaintiff. th 4 , Unreasonable seizure of Plaintiff and her property.
Kirkland: 4:11-CV-3902 TMP 139 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

140

5th Amendment Deprived of liberty without due process. 5th, Deprived of Due Process. 5th, Deprived of property without due process. th 5 , Deprived of property without just compensation. th 5 , __________ No Presentment, No Indictment of Grand Jury where Plaintiff was criminally charged by Brenda Barnes. th 5 , __________ Plaintiff was compelled in Jail by physical force, physical threat of harm, coerced to sign waiver or release papers as to testify-witness against herself. 6th Amendment In all criminal prosecutions, shall be by Jury, BUT there was no Jury, Plaintiff was not convicted by Jury Verdict. 6th, Guarantees absolute Jury Trial to Plaintiff, and supported by Article III Section 2 [3] The Trial of all crimes (shall be) by Jury. 6th, Plaintiff was not informed of the (nature). th 6 , Plaintiff not in the courtroom, was not allowed to confront-cross-examine prosecution witnesses. th 6 , Plaintiff not allowed to call her witnesses. 6th, Plaintiff did not have assistance of choice counsel. th 6 , __________ Plaintiff, instead of a jury trial, she received or was subjected to experience partiality, preconception, in a prejudiced Court, using City, County, Prosecutors and witnesses to the State Attorney Generals Office, in a criminal prosecution all without jury or trial. 7th Amendment In Civil matters, Jury (shall be) preserved, meaning mandatory by law, judge having no discretion to do otherwise under the law, Article VI [2][3].
Kirkland: 4:11-CV-3902 TMP 140 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

141

7th, __________ Simple proof to mandatory Jury, the following words further state and no fact tried by jury, (shall be) otherwise re-examined in any court meaning the judge cant hear the case before himself to begin with, and further cannot over-turn a verdict by jury. 8th Amendment Plaintiff suffered-endured (4) four false arrests and (4) four false imprisonments during this time period of Court proceedings that goes to Summary Judgment punishment without due process or trial, a cruel and unusual punishment without lawful conviction. th 8 , __________ Plaintiff suffered-endures financial hardship due to excessive bails, (not uniform) substantial dollar increases in varied amounts to same charge. 9th Amendment The enumeration in the Constitution, of certain rights, (shall not be construed) to deny or disparage other rights retained by Plaintiff to contract and all content rights of Article I Section 10 [1], file her Complaints against Defendants accordingly. 13th Amendment Plaintiff forced into incarcerated bondage, Jail time served without any lawful constitutional conviction by a Jury Verdict, involuntary servitude. 14th Amendment- Plaintiff deprived of her liberty without a lawful jury verdict conviction. 14th, Deprived of all Due Process. th 14 , Deprived of Equal Protection.

Kirkland: 4:11-CV-3902 TMP

141

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

142

14th ,

Deprived of land and other property without due process. 14th, __________ Marshall County State Court enforced laws which did abridge the privileges and immunities of Plaintiff, a biased prejudiced tribunal, the 14th Amendment, Section [3] forbids judges to act in insurrection against litigants, against the supreme law and controlling mandatory authority of Article VI [2][3], also held in Article III Sect. 3 [1]. 476. Brenda Barnes in retaliation, furthered by her own overt acts already in evidence to committing-joining in a land-grab Conspiracy, Breach of Contract, Fraud, Fraud Upon the Court, Perjury, to giving falsified fraudulent testimony to the Court, did effect and subjected the Plaintiff to an Abuse of Process in the Marshall County Circuit Court. 477. Brenda Barnes does not want nor can she afford for the Plaintiff, public at large, the Court, a Jury to discover her banking fraud secretes. 478. In the Abuse of Process against Plaintiffs Rights, Brenda Barnes effectively caused Marshall County Circuit Judges to commit the following against Plaintiff: All Judges committed or violated:
MANDATORY LAW AND PROCEDURES ALL JUDGES

MUST HONOR, PROTECT, DEFEND, AND OBEY


COMMITTED BY JUDICIAL VIOLATIONS OF THE UNITED STATES CONSTITUTION CONTROLLING LAW AND MANDATORY PROCEDURES ARTICLE VI SECTION 1(2) SUPREMACY CLAUSE, ARTICLE VI SECTION 1(3), OATH OF OFFICE, ARTICLE III SECT. 3 (1) TREASON, AMENDMENT 14 SECT. 3 TREASON, ARTICLE 1 SECT.10 (1) CONTRACTS, ARTICLE III SECTION 2(3) JURY, All
Kirkland: 4:11-CV-3902 TMP 142

in violations of Plaintiffs

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

143

Due Process, Equal protection to and under Articles 1st, 4th, 5th,6th, 7th, 8th, 9th,11th, 13th,14th, Amendments or Articles, CONSTITUTIONAL BILL OF
RIGHTS VIOLATIONS WITH LACK OF SUBJECT MATTER JURISDICTION, PURSUANT AND UNDER 42 U.S.C. 1983 et seq. CONSPIRACY 42 U.S.C. 1985 et seq. STATUTE: 18 U.S.C. 242 et seq., STATUTE 18 U.S.C. 241 et seq. EXTRINSIC FRAUD, JUDICIAL MALFEASANCE, CONSPIRACY AGAINST RIGHTS, DEPRIVATION OF DUE PROCESS, CONSPIRACY, MALICIOUS PROSECUTION, FRAUD UPON THE COURT, JUDICIAL OBSTRUCTION OF JUSTICE 18 U.S.C. 2

Principles 18 U.S.C 1503, Attempted Extortion Under Color Of Official Right 18 U.S.C Section 1951 (b)(2), FAILURE TO TRAIN IN MARSHALL COUNTY
POLICY TO POLICE MISCONDUCT, ALLOWED INTRINSIC FRAUD PERJURY TESTIMONY UNDER OATH 18 U.S.C. 1621, 18 U.S.C. 1001, ATTEMPTED EXTORTION UNDER COLOR OF RIGHT 18 U.S.C. 1951 et seq. HOBBS ACT, MISPRISION OF FELONY 18 U.S.C. 4, ACTION FOR NEGLECT TO PREVENT 42 U.S.C. 1986 et seq., INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS, all

going to and effecting Plaintiffs right to Redress, Freedom of Speech, Freedom of Association to The Right to Constitutional Counsel, Reasonable Access To the Courts, The Right To A Fair Trial, Knowing Use of Perjured Testimony, Cruel & Unusual Punishment, Abuse Of Process, Interference With Contract Rights, Trespass to Land, Conversion, Unlawful Foreclosure, Kidnapping, Bribery-Blackmail, Extortion, Assault, Deprivation of Property, False Imprisonment, Coerced guilty Plea, all that simply stands on the record itself is in very certain clear view evidence, resulting in very certain DAMAGES to COMPENSATORY, SPECIAL, PUNITIVE AND where you all deserve Federal Prison for your acts of CRIMINAL CAPITAL FELONY TREASON, res ipsa loquitur. 479. Brenda Barnes wanted the Plaintiff out of the way, to maximize her own monetary gains, suppress the truth and evidence, as to permanently
Kirkland: 4:11-CV-3902 TMP 143 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

144

silence the Plaintiff from coming forward against Brenda Barnes. 480. PLAINTIFF, therein was damaged as a result of Brenda Barnes committing actions in a malicious prosecution, causing the Abuse of process against Plaintiff, Plaintiff was therein damaged by physical arrest, to a false imprisonment, loss of liberty, loss of land, loss of car, loss of other property, made to suffer extreme financial damage and hardship, physical pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, and deprivation of society with her family as a result. 481. Therefore, Brenda Barnes did commit an Abuse Of Process to violate most all of the Plaintiffs entire Constitutional Bill of Rights, right to contract, property rights, a Breach of Mortgage Contract, all causing an outrageous intentional Abuse of Process against Plaintiff, a reckless disregard even with malice against Plaintiffs Rights pursuant to and under Title 42 U.S.C. 1983 et seq., 1981, 1982, 1985, Title 18 242, and 241. 482. PLAINTIFF DEMAND FOR DAMAGES AGAINST BRENDA BARNES Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff against Brenda Barnes Bank CEO, is set out just before the beginning of COUNT 1 Conspiracy against her, is applied here as though the same were fully set forth herein. BRENDA BARNES COUNT 8. MALICIOUS PROSECUTION
Kirkland: 4:11-CV-3902 TMP 144 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

145

483. Plaintiff incorporates herein by reference at all times relevant to this Complaint Defendant was acting under the authorities of pursuant to and under 42 U.S.C. 1983 et seq., 1985 et seq., 1981 and 1982 et seq., 18 U.S.C. 242, and 241, to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1) through (145), directly as its total description was mostly all joined, caused, and or is attributable to Defendant No.1, Brenda Barnes unlawful actions to Plaintiffs Eighth Cause of Action against her (Count 8) as though the same were fully set forth herein. 484. Plaintiff maintains and states continued substantial severe extenuating grievances exist against Bank CEO Brenda Barnes of and Peoples State Bank of Commerce for bringing baseless litigation against Plaintiff causing detrimental financial and physical harm to Plaintiff as a result. 485. Brenda Barnes Bank CEO of / and Peoples State Bank of Commerce filed prior, both a civil Foreclosure joined with a criminal charge placed against Plaintiff to and by the Marshall County Circuit Court. 486. Brenda Barnes falsified testimony and committing omissions to the Marshall County Court, in concealment, suppression of Plaintiffs evidence of insurance, cancelled accepted checks on Mortgage payment to the bank, fact that Bank no longer holds nor can it produce the original Note, were not disclosed to the Court.

Kirkland: 4:11-CV-3902 TMP

145

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

146

487. Brenda Barnes won a fraudulent Foreclosure before the Marshall County Court judge, and not a jury. 488. Brenda Barnes wanted Plaintiffs land. Brenda Barnes took Plaintiffs land. 489. Brenda Barnes made money when she took Plaintiffs land and Corvette back for the Bank in this falsified Foreclosure. 490. Brenda Barnes will then re-sell the property again making a lot more money for herself and the Bank, brownie points in her career. 491. Brenda Barnes filed a criminal charge against Plaintiff, to the nature of the charge, left unexplained. 492. Plaintiff suffered forced Foreclosure, land and 1998 Chevrolet Corvette taken by Brenda Barnes and the Peoples State Bank, against Plaintiffs paid up and insured Mortgage Contract. 493. Plaintiff in defense of her property taken, filed Complaint and Lien to the Court against Brenda Barnes to stop these proceedings. 494. Brenda Barnes and her attorneys to the Court had to extinguish get rid of Plaintiff, her Complaint, and of the truth coming out in Court where Brenda Barnes is committing Banking Fraud, criminal actions to various torts against Plaintiff. 495. So, Brenda Barnes maintains that Plaintiff is guilty of a criminal charge, but failed to bring Plaintiff before a Jury, failing to win a Jury Verdict against Plaintiff accordingly on a criminal Complaint,
Kirkland: 4:11-CV-3902 TMP 146 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

147

unsuccessfully commenced without achieving a constitutional lawful conviction. 496. Bringing the Plaintiff before a Jury cant happen, a major threat risk to the truth and damaging evidence against Brenda Barnes, the Bank, and all Defendants come crashing down. 497. Brenda Barnes instead moved the Court into an (ex parte judgment) with fabricated evidence in Fraud upon the Court to both the civil and criminal charge to a single-handed judge in violation of Article VI [2][3], only getting a Court Judgment from a single-handed judge. 498. Brenda Barnes having Plaintiff Arrested, thrown in Jail, removed from Court proceedings altogether where Plaintiff was not physically even present in the courtroom. 499. Brenda Barnes therein actively discussed or talked with and joined other Defendants, Bank attorneys, City, County Prosecutors, State Attorney Generals Office, and ex parte to the judge. 500. Brenda Barnes then furthering conspiratorial motives with Defendants and Court Officers to set-up Plaintiff to severely violate Plaintiffs Constitutional Rights, getting Plaintiff out of the way, with the Court already acting in support of Brenda Barnes and an influential powerful Bank. 501. The Marshall County Court used their special brand of The Judges Ignorance of the Law IS A EXCUSE Rule to prosecute Plaintiff unjustly?

Kirkland: 4:11-CV-3902 TMP

147

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

148

502. Excuseagainst Article VI [2][3], and Titles 42 U.S.C. 1983 Rights et seq., 1985 Conspiracy, Title 18 U.S.C. 241 Conspiracy, 18 U.S.C. 242 Rights of which these statutes defend the public policy and the supreme Authority of the U.S. Constitution controlling law that supports the Plaintiffs action for malicious prosecution against Brenda Barnes in the discouragement of (like persons) committing acts similar to a Banks CEO Brenda Barnes horrendous Court supported vexatious litigation case as this is, where Brenda Barnes caused severe detrimental constitutional violations against Plaintiff, read and clearly understood to all Americans against the background concept, purpose and spirit of what the U.S. Constitution represents to Americas freedoms in the Bill Of Rights? 503. Brenda Barnes effectively kept Plaintiff out of the courtroom denying Plaintiff 14th Amendment Rights to Due Process, Equal Protection, equal access to the Court going to severe constitutional Rights violations of the 1st, 4th, 5th, 6th, 7th, 8th, 9th, 11th,13th, 14th, Amendments. 504. Brenda Barnes therein in extreme violation of Plaintiffs constitutional Rights, severely and effectively stripped Plaintiff of: 1st Amendment Redress, to access of the Court denied. 1st, Speech, to speak in her defense. 1st, Association, to counsel of choice. 4th Amendment No probable Cause of a crime committed to grounds to warrant Arrest and Imprisonment against Plaintiff. th 4 , Unreasonable seizure of Plaintiff and her property.

Kirkland: 4:11-CV-3902 TMP

148

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

149

5th Amendment Deprived of liberty without due process. 5th, Deprived of Due Process. 5th, Deprived of property without due process. 5th, Deprived of property without just compensation. th 5 , __________ No Presentment, No Indictment of Grand Jury where Plaintiff was criminally charged by Brenda Barnes. 5th, __________ Plaintiff was compelled in Jail by physical force, physical threat of harm, coerced to sign waiver or release papers as to testify-witness against herself. 6th Amendment In all criminal prosecutions, shall be by Jury, BUT there was no Jury, Plaintiff was not convicted by Jury Verdict. th 6 , Guarantees absolute Jury Trial to Plaintiff, and supported by Article III Section 2 [3] The Trial of all crimes (shall be) by Jury. th 6 , Plaintiff was not informed of the (nature). 6th, Plaintiff not in the courtroom, was not allowed to confront-cross-examine prosecution witnesses. th 6 , Plaintiff not allowed to call her witnesses. th 6 , Plaintiff did not have assistance of choice counsel. 6th, __________ Plaintiff, instead of a jury trial, she received or was subjected to experience partiality, preconception, in a prejudiced Court, using City, County, Prosecutors and witnesses to the State Attorney Generals Office, in a criminal prosecution all without jury or trial. 7th Amendment In Civil matters, Jury (shall be) preserved, meaning mandatory by law, judge having no discretion to do otherwise under the law, Article VI [2][3]. th 7 , __________ Simple proof to mandatory Jury, the following words
Kirkland: 4:11-CV-3902 TMP 149 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

150

further state and no fact tried by jury, (shall be) otherwise re-examined in any court meaning the judge cant hear the case before himself to begin with, and further cannot over-turn a verdict by jury. 8th Amendment Plaintiff suffered-endured (4) four false arrests and (4) four false imprisonments during this time period of Court proceedings that goes to Summary Judgment punishment without due process or trial, a cruel and unusual punishment without lawful conviction. th 8 , __________ Plaintiff suffered-endures financial hardship due to excessive bails, (not uniform) substantial dollar increases in varied amounts to same charge. 9th Amendment The enumeration in the Constitution, of certain rights, (shall not be construed) to deny or disparage other rights retained by Plaintiff to contract and all content rights of Article I Section 10 [1], file her Complaints against Defendants accordingly. 13th Amendment Plaintiff forced into incarcerated bondage without any lawful constitutional conviction by a Jury Verdict, involuntary servitude. 14th Amendment- Plaintiff deprived of her liberty without a lawful jury verdict conviction. 14th, Deprived of all Due Process. 14th, Deprived of Equal Protection.

Kirkland: 4:11-CV-3902 TMP

150

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

151

14th ,

Deprived of land and other property without due process. 14th, __________ Marshall County State Court enforced laws which did abridge the privileges and immunities of Plaintiff, a biased prejudiced tribunal, the 14th Amendment, Section [3] forbids judges to act in insurrection against litigants, against the supreme law and controlling mandatory authority of Article VI [2][3], also held in Article III Sect. 3 [1]. 505. Brenda Barnes in retaliation, furthered by her own overt acts already in evidence to committing-joining in a land-grab Conspiracy, Breach of Contract, Fraud, Fraud Upon the Court, Perjury, to giving falsified fraudulent testimony to the Court, did effect and subjected the Plaintiff to a Malicious Prosecution in the Marshall County Circuit Court. 506. Brenda Barnes does not want nor can she afford for the Plaintiff, public at large, the Court, a Jury to discover her banking fraud secretes. 507. Brenda Barnes wanted the Plaintiff out of the way, to maximize her own monetary gains, suppress the truth and evidence, as to permanently silence the Plaintiff from coming forward against Brenda Barnes. 508. Brenda Barnes malicious prosecution of Plaintiff is obvious, where the purpose of and in support for Plaintiffs action brought against Brenda Barnes is appropriate where Brenda Barnes has used and abused the machinery of the judicial system itself misused.

Kirkland: 4:11-CV-3902 TMP

151

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

152

509. Plaintiff therein suffered (4) False Arrests, (4) False Imprisonments, Plaintiff was deprived of her liberty and punished by Summary Judgment four times without trial or even a hearing. 510. Brenda Barnes made Plaintiff suffer further, other committed acts or actions that interfered with Plaintiffs contractual Rights Article I Section 10 [1], property Rights, loss of Plaintiffs constitutional Rights, Due Process, loss of land, a car, all in connection with Brenda Barnes lawsuit and associated retaliatory vendetta aimed at Plaintiff. 511. Brenda Barnes acting with indifference as to whether the Plaintiff was injured, knowingly failing to fully and fairly disclose all relevant facts to the Court, further knowingly providing false information to the Grant Police, Marshall County Sheriff Scott Walls and Sheriff Deputies against Plaintiff. 512. Plaintiff under threat of continued outstanding Warrant, fleeing for safety, filed Complaint to the Federal Court in Birmingham, Alabama. Plaintiff, then before Federal Judge Virginia Hopkins requested a Temporary Restraining Order TRO so Plaintiff could be protected from irreparable harm at this point, that she might be left alone to come before the Federal Court. Hopkins did not read into the situation well enough to protect Plaintiff. 513. Hopkins denied the TRO. Two days later Marshall County reached through the Federal Complaint Plaintiff was attempting to file, Plaintiff arrested, thrown in Jail, stripped naked before Police Officers and others for approximately 40 minutes sprayed with chemicals causing Plaintiffs hair to fall out, held in solitary confinement block forced to sleep on a

Kirkland: 4:11-CV-3902 TMP

152

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

153

concrete slab for five (5) days, still in Jail, taken to a side room and forced to sign confession papers or else! 514. Plaintiffs Federal Complaint was filed considerably way before corrupt Marshall County Court proceedings stopped. 515. Plaintiff charged with criminal charges, was not brought before a Jury, nor was convicted by a Jury Verdict in Marshall County Circuit Court. 516. Plaintiff has just received Notice of DE NOVO TRIAL from the Federal Court to start all over to bring in her Complaint, therein not yet a final determination of or by Civil Jury Verdict in these Matters. 517. Any and all so-called judgments in Marshall County Circuit Court against Plaintiff were granted to Defendants who have submitted total fabricated evidence to a Fraud upon the Court, where a reversal on these grounds is a termination in favor of the Plaintiff. 518. Brenda Barnes was the person who wrote up the Bank Mortgage Contract Agreement between Plaintiff and Peoples State Bank of Commerce. 519. Brenda Barnes then knowing, having full knowledge of all the entire content of the Mortgage Contract. 520. Brenda Barnes knew therein, she was testifying falsely to the Marshall County Circuit Court about the Mortgage Contract, misleading the Court by omission, concealment, suppression of evidence to

Kirkland: 4:11-CV-3902 TMP

153

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

154

Plaintiffs insurance and Plaintiffs cancelled Bank checks bringing Mortgage payments current, of only a month delay. 521. Further, Brenda Barnes has full knowledge that the original Bank Loan Note was sold, where Peoples State Bank no longer has the original Note, and cannot produce it. 522. Therein, Peoples State bank of Commerce is not the entitled holder of or creditor to Plaintiffs property any longer for quite some time now. 523. Whoever Brenda Barnes / Peoples State Bank sold the original Note to is the lawful holder of the original Note. 524. Therefore, Brenda Barnes is shall we say, involved in some very clever deceitful-deceptive fraudulent Banking Fraud here. 525. Brenda Barnes therefore had no honest sufficient circumstance to believe, or to warrant a Foreclosure was due against Plaintiffs Mortgage Contract, yet did commit the same. 526. Brenda Barnes has been shown in previous Counts and all descriptions as to certainly being motivated in taking Plaintiffs land back from Plaintiff for substantial monetary gain to Brenda Barnes herself, on behalf of the Bank, co-conspirators and her motivation to the Chamber of Commerce, City of Grant and Marshall County to seek out and acquire land for City or County usage or private investors. 527. Plaintiff therein alleges Brenda Barnes shown by the magnitude of her surrounding involvement in everybodys business to control and run the show, highly motivated to make money, certainly shown
Kirkland: 4:11-CV-3902 TMP 154 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

155

her intentional desire with malice to a very personal attack against Plaintiffs Rights, has had no reasonable justified cause or excuse for such outrageous actions Brenda Barnes has taken against Plaintiff that stands on the face of the Court Record of Marshall County and evidence already submitted by Plaintiff to the Federal Court. 528. Plaintiff as a result of Brenda Barnes committing actions in a malicious prosecution, Plaintiff was therein damaged by physical arrest, to a false imprisonment, loss of liberty, loss of land, loss of car, made to suffer extreme financial damage and hardship, physical pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, and deprivation of society with her family as a result. 529. Therefore, Brenda Barnes did commit a Malicious Prosecution of extreme magnitude, violating most all of the Plaintiffs entire Constitutional Bill of Rights, right to contract, property rights, a Breach of Mortgage Contract, all causing an outrageous intentional malicious prosecution against Plaintiff, a reckless disregard with malice against Plaintiffs Rights pursuant to and under Title 42 U.S.C. 1983 et seq., 1981, 1982, 1985, Title 18 242, and 241. 530. PLAINTIFF DEMAND FOR DAMAGES AGAINST BRENDA BARNES Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff against Brenda Barnes Bank CEO, is set out just before the beginning of COUNT 1 Conspiracy against her, is applied here as though the same were fully set forth herein.

Kirkland: 4:11-CV-3902 TMP

155

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

156

BRENDA BARNES COUNT 9. FRAUD UPON THE COURT 531. Plaintiff incorporates herein by reference at all times relevant to this Complaint Defendant was acting under the authorities of pursuant to and under 42 U.S.C. 1983 et seq., 1985 et seq., 1981 and 1982 et seq., 18 U.S.C. 242, and 241, to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1) through (156), directly as its total description was mostly all joined, caused, and or is attributable to Defendant No.1, Brenda Barnes unlawful actions to Plaintiffs Ninth Cause of Action against her (Count 9) as though the same were fully set forth herein. 532. Attorneys for Brenda Barnes Bank CEO of / and the power of Peoples State Bank of Commerce effected - corrupted the entire Marshall County Circuit Court proceedings by Defendant Brenda Barnes and her attorneys, joined with co-conspirators attorneys, City, County, and State Prosecutors all on board the Railroading Train, (the past up to the current grant of DE NOVO TRIAL) has all been corrupted against Plaintiff. 533. Brenda Barnes perjured testimony or so-called (exhibits of evidence), to the Marshall County Court, is false fraudulent evidence that the court went by to order past Court Judgment against Plaintiff. 534. Brenda Barnes attorneys further advanced her perjured testimony and fraudulent evidence to a product of material misrepresentations
Kirkland: 4:11-CV-3902 TMP 156 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

157

by this Defendants own attorneys to support Brenda Barnes fraudulent opposition and illegal banking fraud agenda against Plaintiff. 535. Brenda Barnes agenda was to protect herself and the Peoples State Bank from discovery becoming known of Banking Fraud against Plaintiff. 536. Brenda Barnes already engaged in conspiracy to defraud Plaintiff out of her land, not wanting to get caught, discovery of her actions becoming found out before a Jury, needed to silence Plaintiff. 000. Brenda Barnes attorneys perpetrated a continuous and pervasive pattern scheme of a fraudulently imposed criminal charge, going to repeated arrests of Plaintiff, interfering with Plaintiffs ability to obtain her right to justice in the Marshall County Court. 537. Brenda Barnes attorneys proceeded, DID commit acts to prevent Plaintiff from fully and fairly presenting her case or defense, circumvented Plaintiff from receiving due process provided under the Law of the U.S. Constitution. 538. Brenda Barnes with her attorneys further concocted an unconscionable scheme calculated to impair the court's ability fairly and impartially to adjudicate this dispute constitutionally or lawfully, to wit; continually arresting Plaintiff, strain her financial abilities to bond out, maintain her freedom, or remain financially stable otherwise, grab all of Plaintiffs prime real estate land, make big money, effect a cover-up, destroy Plaintiffs reputation and credit, get rid of Plaintiff altogether, as to circumvent Plaintiff from obtaining fair Jury Trial in any court of law.

Kirkland: 4:11-CV-3902 TMP

157

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

158

539. Consequently, Plaintiff is complaining her Rights to a fair Trial have been usurped not only by the opposition Brenda Barnes and co-conspirators, but by the outrageous misconduct of Brenda Barnes attorneys and other Defendants own attorneys since they worked hand and hand to ensure the legal and business agenda of the opposition were affirmed; albeit based on fraud, coercion, Bank Fraud, deceit, in a joined conspiracy, went on carried by Brenda Barnes attorneys having full knowledge of Brenda Barnes unlawful acts to manipulate the Court. 540. Brenda Barnes attorneys failed to identify or mention Plaintiffs Insurance coverage to the Mortgage Contract to the Marshall County Court. Attorneys had full knowledge of this fact, or should have known . 541. Brenda Barnes attorneys failed to identify or mention Plaintiffs paid in full Mortgage Contract payment current up-to-date checks in the Banks records in evidence before the Court, where the attorneys should have verified and known the status of Mortgage payments made, or whether Mortgage was in actual default. 542. Brenda Barnes attorneys failed to identify or mention Peoples State Bank of Commerce was no longer the creditor of Plaintiffs Mortgage, as the Bank years ago, sold the Original Note to someone else and now Peoples State Bank cannot produce the original Note, failing to disclose this information to the Court. 543. Brenda Barnes attorneys joined with other Defendants by filing a criminal charge against Plaintiff, stating Plaintiff was guilty of filed false documents against Brenda Barnes and Defendants. 544. Attorneys for Brenda Barnes, nor the other joined Defendants,
Kirkland: 4:11-CV-3902 TMP 158 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

159

ever explain the (nature) of the criminal charge, in blatant professional misconduct, acting within their insight to be fully aware of the foreseeability to their proximate-cause how their conduct was affecting the Plaintiffs constitutional Rights. 545. Brenda Barnes attorneys, (officers of the court) committing fraud upon the court directed to the Marshall County judicial machinery itself, intentionally false, willfully and wanton to concealment, to omission failing in disclosing the truth, or was in reckless disregard for the truth, DID deceive the court against Plaintiff. 546. Brenda Barnes attorneys direct involved knowledge of these true facts, or should have known, kept under concealment from the Court, is very obviously seen in the Marshall County Court Record itself providing evidence in answer to their committed Fraud to the Court, whereby there are no signs, no evidence of Plaintiff afforded Due Process at all in the Marshall Court Record whatsoever. NONE. 547. Therein shown, Judges Tim Jolley, Tim Riley, Howard Hawk became instrumental in the process and denied Plaintiff from receiving any due process of law in the Marshall County Circuit Court. NONE. 548. Brenda Barnes attorneys improper influence exerted to the Court in desecration of plaintiff achieving anything close or meaningful to her constitutional Rights, perverted the law and court authority against Plaintiff, misapplied their power by sabotaging and undermining Plaintiff s legal position during the proceedings, Brenda Barnes attorneys willfully acted to prevent the Plaintiff of her right to receive a fair and impartial trial, where she could have prevailed.

Kirkland: 4:11-CV-3902 TMP

159

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

160

549. Plaintiff was charged with a criminal felony charge, yet no Jury was summoned? 550. Marshall County Court failed to get a Conviction by Jury Verdict as Plaintiff was arrested on a criminal charge. 551. Therein, Brenda Barnes filed the (false document) criminal charge against Plaintiff that then caused Plaintiff to be repeatedly arrested, getting Plaintiff out of Brenda Barnes way to manipulate the Court to her advantage. 552. Plaintiff suffering repeated arrests, continuous harassing threats, was effectively removed from Court proceedings, kept out of the Court proceedings, where Plaintiff was not present during these proceedings, to show up meant arrest again. 553. Attorneys for Brenda Barnes therein motivated, corrupted to perform a cover-up of the truth of facts, influenced the judges further, judges persuaded therein not performing there constitutional judicial function, Brenda Barnes attorneys embraced and defiled the court itself, so that the judicial machinery did not perform in the impartial duty of allowing Plaintiff her due process to Jury Trial, or anything meaningful or close to it, choosing to move the Court in ex parte communication to judgment. 554. Thereby, Brenda Barnes attorneys knowing the truth, also became the causational result of such professional misconduct knowingly to pervert the law and Court proceedings against Plaintiff that with certainty, the matter of legal right of ownership of Plaintiffs property would have been expediently decided in plaintiffs favor before a Jury; if
Kirkland: 4:11-CV-3902 TMP 160 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

161

not but for the extreme - outrageous professional misconduct of these attorneys and Brenda Barnes joined with the judges, who manipulated the Court proceedings to (ex parte judgment) in their favor. 555. PLAINTIFF, therein was damaged as a result of Brenda Barnes committing actions to Fraud Upon the Court in a conspiracy causing Abuse of Process to extreme violations of the Plaintiffs constitutional Rights, Contract Rights, Property Rights, intentional torts to a malicious prosecution, Plaintiff was therein damaged by physical arrest, to a false imprisonment, loss of liberty, loss of land, loss of car, loss of other property, made to suffer extreme financial loss, financial damage and hardship, physical pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, resulting in severe Duress and deprivation of society with her family as a result. 556. Therefore, Brenda Barnes and Attorneys for Brenda Barnes joining in committing a Fraud Upon The Court, by omission, concealment, suppression of evidence with Fraud, Perjury, causing Plaintiff substantial contractual financial damage to a Breach of Contract, loss of land and enjoyment of property, causing false arrestfalse imprisonment, substantial to extreme constitutional Rights violations, under attack to a complete lack of Due Process, Equal Protection and substantial Torts all going against Plaintiff, using the Peoples State Bank Power, made fraudulent banking accusations against Plaintiff, utilizing Marshall Countys prosecuting Power, to the Court Judges, contacted County Sheriff Scott Walls, Sheriff Deputies & local Police of Grant utilized, Marshall County Prosecuting Attorney to the Alabama State Attorney Generals Power, Marshall County Political Power to destroy Plaintiff thereby resulting in severe Duress caused to
Kirkland: 4:11-CV-3902 TMP 161 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

162

Plaintiff, psychological trauma, physical pain, severe financial loss, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, and deprivation of society with her family as a result, all in violation of and pursuant to U.S.C. Title 42 1983 et seq. 1981, 1982, Title 18 U.S.C. 242, 241 conspiracy, violations by and under 1985 Conspiracy. 557. PLAINTIFF DEMAND FOR DAMAGES AGAINST BRENDA BARNES Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff against Brenda Barnes Bank CEO, is set out just before the beginning of COUNT 1 Conspiracy against her, is applied here as though the same were fully set forth herein. BRENDA BARNES COUNT 10. INTENTIONAL MISCONDUCT 558. Plaintiff incorporates herein by reference at all times relevant to this Complaint Defendant was acting under the authorities of pursuant to and under 42 U.S.C. 1983 et seq., 1985 et seq., 1981 and 1982 et seq., 18 U.S.C. 242, and 241, to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1) through (163), directly as its total description was mostly all joined, caused, and or is attributable to Defendant No.1, Brenda Barnes unlawful actions to Plaintiffs Tenth Cause of Action against her (Count 10) as though the same were fully set forth herein.
Kirkland: 4:11-CV-3902 TMP 162 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

163

559. Brenda Barnes is shown as set out in evidence to the Court, that she joined into a combined cunning and planned Conspiracy against the Plaintiff. 560. Brenda Barnes set out to permanently silence-get rid of Plaintiff altogether for exposing Brenda Barnes engaged in unlawful Banking Fraud Practices against Plaintiff and / or others similarly situated. 561. Therein, Brenda Barnes is at fault by intentionally committing the overt acts herself, personally involved in / of misleading the Court by her omissions, concealment, suppression of evidence, further perjured herself in false testimony with the particular state of mind going to harm-injure, silence Plaintiff. 562. Brenda Barnes DID commit Fraud Upon the Court to a forced Court Foreclosure by Abuse of Process and a Malicious Prosecution against Plaintiff. 563. Brenda Barnes had motive for her conduct, as to extract revenge against Plaintiff for filing Court Complaint and lien against Barnes in Plaintiffs defense of her rightful property. 564. Brenda Barnes sought to wield out punishment, theft, with malice against the Plaintiff, and DID SO. 565. Brenda Barnes maliciously set out, clearly has demonstrated her desire to cause certain immediate severe harmful consequences to Plaintiff resulting in of which, she personally intended or knew would be substantially certain to occur against Plaintiff.

Kirkland: 4:11-CV-3902 TMP

163

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

164

566. Brenda Barnes invaded Plaintiffs protected interest in her Mortgage Contract to her lawfully held land property with Trust Deed and now Land Patent. 567. Brenda Barnes invaded Plaintiffs protected interest in her 1998 Chevrolet Corvette. 568. Brenda Barnes invaded Plaintiffs protected interest to Contract Rights, Plaintiffs Right to Contract. 569. Brenda Barnes invaded Plaintiffs protected interests to all of Plaintiffs Constitutional Rights protections. 570. Brenda Barnes invaded Plaintiffs protected interests to all of Plaintiffs guaranteed Due Process by Law. 571. Brenda Barnes invaded Plaintiffs protected interests to her Right to Liberty, as Plaintiff has suffered four repeated false arrests, false imprisonments, currently is STILL jeopardized by fraudulent defective Arrest Warrant. 572. Brenda Barnes wrongfully, intentionally violating- adding to, harming Plaintiffs enjoyment to / or having any peace or tranquility of Plaintiffs property. 573. Therein, Brenda Barnes was well aware, her conduct culpable and certainly knew, consequences of her acts in the light of the surrounding circumstances would substantially harm causing Damage to Plaintiff.

Kirkland: 4:11-CV-3902 TMP

164

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

165

574. PLAINTIFF, therein was damaged as a result of Brenda Barnes committing actions by Intentional Misconduct in joined conspiracy causing extreme violations of the Plaintiffs constitutional Rights, Contract Rights, Property Rights, intentional torts to a malicious prosecution, Plaintiff was therein damaged by physical arrest, to a false imprisonment, loss of liberty, loss of land, loss of car, loss of other property, made to suffer extreme financial loss, financial damage and hardship, physical pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, resulting in severe Duress and deprivation of society with her family as a result. 575. Therefore, Brenda Barnes committed Intentional Misconduct, furthered by joining in Conspiracy causing Plaintiff substantial contractual financial damage to a Breach of Contract, loss of land and enjoyment of property, causing false arrest-false imprisonment, substantial constitutional Rights violations, under attack to a complete lack of Due Process, Equal Protection and substantial Torts all going against Plaintiff, using the Peoples State Bank Power, made fraudulent banking accusations against Plaintiff, utilizing Marshall Countys prosecuting Power, to the Court Judges, contacted County Sheriff Scott Walls, Sheriff Deputies & local Police of Grant utilized, Marshall County Prosecuting Attorney to the Alabama State Attorney Generals Power, Marshall County Political Power by Breach of Contract, omissions, concealment, suppression of evidence with Fraud, Perjury, going to a Malicious Prosecution with complete Abuse of Process, putting Plaintiff under the Jail, all in violation of and pursuant to U.S.C. Title 42 1983 et seq. 1981, 1982, Title 18 U.S.C. 242, 241 conspiracy, violations by and under 1985 Conspiracy.

Kirkland: 4:11-CV-3902 TMP

165

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

166

576.

PLAINTIFF DEMAND FOR DAMAGES AGAINST BRENDA BARNES Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff against Brenda Barnes Bank CEO, is set out just before the beginning of COUNT 1 Conspiracy against her, is applied here as though the same were fully set forth herein. BRENDA BARNES COUNT 11. GRAND LARCENY THEFT 577. Plaintiff incorporates herein by reference at all times relevant to this Complaint Defendant was acting under the authorities of pursuant to and under 42 U.S.C. 1983 et seq., 1985 et seq., 1981 and 1982 et seq., 18 U.S.C. 242, and 241, to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1) through (167), directly as its total description was mostly all joined, caused, and or is attributable to Defendant No.1, Brenda Barnes unlawful actions to Plaintiffs Eleventh Cause of Action against her (Count 11) as though the same were fully set forth herein. 578. In Brenda Barnes efforts to defraud Plaintiff through the Court, Barnes only acquired a fraudulent Foreclosure and a fraudulent Writ of Seizure to take land property and a 1998 Chevrolet Corvette from Plaintiff as set out in other descriptions and Counts in this Complaint.

Kirkland: 4:11-CV-3902 TMP

166

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

167

579. Brenda Barnes by false statements, testimony to the Court against Plaintiff, that was committed by Fraud, Fraud Upon the Court, Perjury Under Oath to an Abuse of Process and a Malicious Prosecution misleading the Court against Plaintiff by complete deceit, Brenda Barnes by power of the Court, was able to acquire unlawful fraudulent defective Foreclosure to a Writ of Seizure to take Plaintiffs Corvette and land. 580. Brenda Barnes, by use of the Courts fraudulent defective unlawful Writ of Seizure acquired the ability to use Deputy-Police Power against Plaintiff to seize Plaintiffs property against the law. 581. Therein, Brenda Barnes acquired the unlawful corrupted use, purpose, authority, and power of local Grant Police and Marshall County Sheriff Deputies, (agents) to act against the law regarding Plaintiff by armed physical force to take Plaintiffs property. 582. Marshall County Sheriff Deputy Charles Coffin who was already joined in conspiratorial matters against Plaintiff, having arrested Plaintiff once, showed up to Plaintiffs Home with G & G Towing Company (agents) to take, in effect, (steal) Plaintiffs 1998 Chevrolet Corvette. 583. Therein, Brenda Barnes in effect, caused her agents, Sheriff Deputy Charles Coffin and G & G Towing to commit the crimes of Breaking & Entering, Trespass, and Grand Larceny Theft. 584. Brenda Barnes agents, Sheriff Deputy Charles Coffin and G & G Towing Company exercised unlawful control accomplished by stealth, force, threat of force, and fraud deceit, DID unlawfully cut the chainlocks on Plaintiffs fence gate to her property.

Kirkland: 4:11-CV-3902 TMP

167

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

168

585. Brenda Barnes agents, Sheriff Deputy Charles Coffin and G & G Towing Company, in trespassory force manner without the consent of the Plaintiff, DID unlawfully enter onto Plaintiffs property. 586. Brenda Barnes agents, Sheriff Deputy Charles Coffin and G & G Towing Company, taking complete trespassory possession- physical control over the Chevrolet Corvette, DID unlawfully Break into Plaintiffs Chevrolet Corvette by force. 587. Brenda Barnes agents, Sheriff Deputy Charles Coffin and G & G Towing Company, took physical control possession without the consent of Plaintiff, accomplished by stealth, force, threat of force, and fraud deceit, DID unlawfully load up Plaintiffs Chevrolet Corvette onto a G & G Towing Company Tow Truck Wreaker taking the property away from Plaintiff. 588. Brenda Barnes to intentionally deprive Plaintiff (still the rightful owner), of her possession to her car permanently, agents, Sheriff Deputy Charles Coffin and G & G Towing Company, DID drive- haul away Plaintiffs Chevrolet Corvette. 589. Brenda Barnes knew that Plaintiffs Chevrolet Corvette did not belong to the Bank, under the law. 590. Brenda Barnes knows Plaintiffs Chevrolet Corvette has substantial economic market value of the property at the time and place of her crimes, approximately $ 23,000.00. 591. Brenda Barnes DID effect-cause unlawful criminal Breaking & Entering against Plaintiff onto her property.
Kirkland: 4:11-CV-3902 TMP 168 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

169

592. Brenda Barnes DID effect-cause criminal felony Trespass against Plaintiff onto her property. 593. Brenda Barnes DID effect-cause the intentional indirect taking of Plaintiffs property, accomplished by the completed criminal felony act of Grand Larceny exercising unlawful control by innocent agents. 594. PLAINTIFF, therein was damaged as a result of Brenda Barnes committing false claims and testimony to the Court, and actions by misleading the Court in a conspiracy causing extreme violations of the Plaintiffs constitutional Rights, Contract Rights, Property Rights, intentional torts to a malicious prosecution, Plaintiff was therein damaged by physical arrest, to false imprisonment, loss of liberty, loss of land, loss of car, loss of other property, made to suffer extreme financial loss, financial damage and hardship, physical pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, resulting in severe Duress and deprivation of society with her family as a result. 595. Therefore, Brenda Barnes committing Grand larceny Theft through her agents, joining in Conspiracy causing Plaintiff substantial contractual financial damage to a Breach of Contract, loss of land and enjoyment of property, causing false arrest-false imprisonment, substantial constitutional Rights violations, under attack to a complete lack of Due Process, Equal Protection and substantial Torts all going against Plaintiff, using the Peoples State Bank Power, made fraudulent banking accusations against Plaintiff, utilizing Marshall Countys prosecuting Power, to the Court Judges, contacted County Sheriff Scott Walls, Sheriff Deputies & local Police of Grant utilized, Marshall County Prosecuting Attorney to the Alabama State Attorney Generals
Kirkland: 4:11-CV-3902 TMP 169 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

170

Power, Marshall County Political Power by omission, concealment, suppression of evidence with Fraud, Perjury, going to a Malicious Prosecution with complete Abuse of Process, putting Plaintiff under the Jail, all in violation of and pursuant to U.S.C. Title 42 1983 et seq. 1981, 1982, Title 18 U.S.C. 242, 241 conspiracy, violations by and under 1985 Conspiracy. 596. PLAINTIFF DEMAND FOR DAMAGES AGAINST BRENDA BARNES Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff against Brenda Barnes Bank CEO, is set out just before the beginning of COUNT 1 Conspiracy against her, is applied here as though the same were fully set forth herein. BRENDA BARNES COUNT 12. CONSPIRACY AGAINST RIGHTS 18 U.S.C. 241 597. Plaintiff incorporates herein by reference at all times relevant, the conduct of all Defendant was subject to 42 U.S.C. Section 1983 et seq., 1985 et seq., 1981 et seq., 1982 and 18 U.S.C. 241 et. seq., and 18 U.S.C. 242 et.seq., to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1) through (171), directly as its total description was mostly all joined, caused, and or is attributable to Defendant No.1, Brenda Barnes unlawful actions to Plaintiffs

Kirkland: 4:11-CV-3902 TMP

170

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

171

Twelfth Cause of Action against her (Count 12) as though the same were fully set forth herein. 598. Brenda Barnes and all Defendants committed constitutional violations against Plaintiffs Rights under color of state law. 599. Plaintiff claims that all Defendants, the (5) remaining named to this Complaint DID commit numerous varied constitutional violations against Plaintiff by violating Plaintiffs 14th and 5th Amendments Due Process against Article VI [2][3]. 600. Brenda Barnes effectively kept Plaintiff out of the courtroom denying Plaintiff 14th Amendment Rights to Due Process, Equal Protection, equal access to the Court going to severe constitutional Rights violations of the 1st, 4th, 5th, 6th, 7th, 8th, 9th, 11th,13th, 14th, Amendments. 601. Brenda Barnes therein in extreme violation of Plaintiffs constitutional Rights, severely and effectively stripped Plaintiff of: 1st Amendment Redress, to access of the Court denied. 1st, Speech, to speak in her defense. st 1 , Association, to counsel of choice. 4th Amendment No probable Cause of a crime committed to grounds to warrant Arrest and Imprisonment against Plaintiff. th 4 , Unreasonable seizure of Plaintiff and her property. 5th Amendment Deprived of liberty without due process. 5th, Deprived of Due Process.
Kirkland: 4:11-CV-3902 TMP 171 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

172

5th, Deprived of property without due process. th 5 , Deprived of property without just compensation. 5th, __________ No Presentment, No Indictment of Grand Jury where Plaintiff was criminally charged by Brenda Barnes. th 5 , __________ Plaintiff was compelled in Jail by physical force, physical threat of harm, coerced to sign waiver or release papers as to testify-witness against herself. th 6 Amendment In all criminal prosecutions, shall be by Jury, BUT there was no Jury, Plaintiff was not convicted by Jury Verdict. th 6 , Guarantees absolute Jury Trial to Plaintiff, and supported by Article III Section 2 [3] The Trial of all crimes (shall be) by Jury. 6th, Plaintiff was not informed of the (nature). th 6 , Plaintiff not in the courtroom, was not allowed to confront-cross-examine prosecution witnesses. 6th, Plaintiff not allowed to call her witnesses. th 6 , Plaintiff did not have assistance of choice counsel. th 6 , __________ Plaintiff, instead of a jury trial, she received or was subjected to experience partiality, preconception, in a prejudiced Court, using City, County, Prosecutors and witnesses to the State Attorney Generals Office, in a criminal prosecution all without jury or trial. 7th Amendment In Civil matters, Jury (shall be) preserved, meaning mandatory by law, judge having no discretion to do otherwise under the law, Article VI [2][3]. 7th, __________ Simple proof to mandatory Jury, the following words further state and no fact tried by jury, (shall be) otherwise re-examined in any court meaning the
Kirkland: 4:11-CV-3902 TMP 172 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

173

judge cant hear the case before himself to begin with, and further cannot over-turn a verdict by jury. 8th Amendment Plaintiff suffered-endured (4) four false arrests and (4) four false imprisonments during this time period of Court proceedings that goes to Summary Judgment punishment without due process or trial, a cruel and unusual punishment without lawful conviction. th 8 , __________ Plaintiff suffered-endures financial hardship due to excessive bails, (not uniform) substantial dollar increases in varied amounts to same charge. 9th Amendment The enumeration in the Constitution, of certain rights, (shall not be construed) to deny or disparage other rights retained by Plaintiff to contract and all content rights of Article I Section 10 [1], file her Complaints against Defendants accordingly. 13th Amendment Plaintiff forced into incarcerated bondage, Jail time served without any lawful constitutional conviction by a Jury Verdict, involuntary servitude. 14th Amendment- Plaintiff deprived of her liberty without a lawful jury verdict conviction. th 14 , Deprived of all Due Process. th 14 , Deprived of Equal Protection. 14th , Deprived of land and other property without due process. th 14 , __________ Marshall County State Court enforced laws which did abridge the privileges and immunities of Plaintiff, a
Kirkland: 4:11-CV-3902 TMP 173 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

174

biased prejudiced tribunal, the 14th Amendment, Section [3] forbids judges to act in insurrection against litigants, against the supreme law and controlling mandatory authority of Article VI [2][3], also held in Article III Sect. 3 [1]. 602. Brenda Barnes in retaliation, furthered by her own overt acts already in evidence to committing-joining in a land-grab Conspiracy, Breach of Contract, Fraud, Fraud Upon the Court, Perjury, to giving falsified fraudulent testimony to the Court, did effect and subjected the Plaintiff to an Abuse of Process in the Marshall County Circuit Court. 603. DISMISSED But discussed briefly here as their actions demand Plaintiff receive Declaratory Prospective Injunctive Relief Order as justice requires to this 1983 Complaint, the Judges, Grant Police Officers, Marshall County Sheriff Scott Walls, Sheriff Deputies, and each one of them in there own respective capacities did instigate and / or effect a Conspiracy against Plaintiff, and as direct and proximate cause of their concerted unlawful, conspiratorial, malicious prosecution, taking actions which have the purpose and / or effect of continuing their process to deprive Plaintiff of her constitutional Rights under the U.S. Constitution, statutes, and laws of the United States, in a retaliation cover-up of the unlawful unconstitutional nature of their Marshall County Court. 604. The Court protects shields their Police Officers or Deputies above the law from claims, yet causing damages to Plaintiff, where Plaintiff continues to suffer from irreparable and immediate injury, hardship and harm from a fraudulent defective Arrest Warrant currently outstanding.
Kirkland: 4:11-CV-3902 TMP 174 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

175

605. This statute 18 U.S.C. 241 makes it unlawful for two or more persons to conspire to injure, oppress, threaten, or intimidate any person of any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him / her by the Constitution or the laws of the United States, (or because of his / her having exercised the same). 606. Plaintiff unable to return home without False Arrest, all of this has been committed and aided by local, County, and State Officials & persons, including the Courts Judges, Clerks, Police, and Sheriff Scott Walls and his Sheriff Deputies acting with, for Marshall County, occurring in, under official color of state law in concert to a combined joined conspiracy. 607. Defendants, and each of them, were and are the agents, servants, associates, representatives, and/or employees of each of the other Defendants herein, and were at all times acting within the course and scope of such agency, representation and employment and with the permission and consent of each of said Defendants. 608. Plaintiff upon such information and belief alleges, that each of the Defendants inclusive, were, at all times herein mentioned, acting in concert with, and in Conspiracy with, each and every one of the remaining Defendants. 609. Wherever appearing in this complaint, each and every reference to Defendants and to any of them, is intended to be and shall be a reference to all Defendants hereto, and to each of them, named and unnamed, unless said reference is otherwise specifically qualified.

Kirkland: 4:11-CV-3902 TMP

175

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

176

610. At all times relevant to this Complaint, DISMISSED Judges, Police Deputies were acting under the Authorities of the City Corporation charters of Town of Grant, Alabama Charter, Guntersville, Alabama, Charter, the County Corporation Charter of Marshall County, Alabama, acting under color of State law and pursuant to official City County Policy or custom, policies, procedures, practices and acts alleged as set forth herein, were undertaken, aided, authorized, supervised or consented to by each Defendants state of mind, with intentional malice, design to violate, and with deliberate indifference to and reckless disregard, conspiring to violate the rights, privileges and immunities guaranteed to Plaintiff, the First, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Thirteenth, Fourteenth Amendments, the Due Process and Equal Protection Clauses of the Fifth & Fourteenth Amendments by the Constitution of the United States, and protected further pursuant to 42 U.S.C. 1983 et seq., 42 U.S.C. 1985 et seq., 42 U.S.C. 1981 et seq., 1982 and Title 18 U.S.C. 241 et seq. and 18 242 et seq. 611. PLAINTIFF, therein was damaged as a result of violating statute Title 18 U.S.C. 241 Brenda Barnes committing actions in a conspiracy causing extreme violations of the Plaintiffs constitutional Rights, Contract Rights, Property Rights, intentional torts to a malicious prosecution, Plaintiff was therein damaged by physical arrest, to a false imprisonment, loss of liberty, loss of land, loss of car, loss of other property, made to suffer extreme financial loss, financial damage and hardship, physical pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, resulting in severe Duress and deprivation of society with her family as a result.

Kirkland: 4:11-CV-3902 TMP

176

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

177

612. Therefore, Brenda Barnes causing Conspiracy Against Rights in violation of the U.S. Constitution and Federal Statute 18 U.S.C. 241 against Plaintiff, joining in Conspiracy causing Plaintiff substantial violations of Plaintiffs Constitutional Rights, substantial contractual financial damage to a Breach of Contract, loss of land and enjoyment of property, causing false arrest-false imprisonment, substantial constitutional Rights violations, under attack to a complete lack of Due Process, Equal Protection and substantial Torts all going against Plaintiff, using the Peoples State Bank Power, made fraudulent banking accusations against Plaintiff, utilizing Marshall Countys prosecuting Power, to the Court Judges, contacted County Sheriff Scott Walls, Sheriff Deputies & local Police of Grant utilized, Marshall County Prosecuting Attorney to the Alabama State Attorney Generals Power, Marshall County Political Power by Breach of Contract, Omission, concealment, suppression of evidence with Fraud, Perjury, going to a Malicious Prosecution with complete Abuse of Process, putting Plaintiff under the Jail, all in violation of and pursuant to U.S.C. Title 42 1983 et seq., 1981, 1982, Title 18 U.S.C. 242, 241 conspiracy, violations by and under 1985 Conspiracy. 613. PLAINTIFF DEMAND FOR DAMAGES AGAINST BRENDA BARNES Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff against Brenda Barnes Bank CEO, is set out just before the beginning of COUNT 1 Conspiracy against her, is applied here as though the same were fully set forth herein. BRENDA BARNES COUNT 13.
Kirkland: 4:11-CV-3902 TMP 177 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

178

DEPRIVATION OF CONSTITUTIONAL RIGHTS UNDER COLOR OF LAW

18 U.S.C. 242
614. Plaintiff incorporates herein by reference at all times relevant to this Complaint Defendant was acting under the authorities of pursuant to and under 42 U.S.C. 1983 et seq., 1985 et seq., 1981 and 1982 et seq., 18 U.S.C. 242., 241, to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1) through (178), directly as its total description was mostly all joined, caused, and or is attributable to Defendant No.1, Brenda Barnes unlawful actions to Plaintiffs Thirteenth Cause of Action against her (Count 13) as though the same were fully set forth herein. 615. Brenda Barnes and all Defendants committed constitutional violations against Plaintiffs Rights under color of state law. 616. Plaintiff claims that all Defendants, the (5) remaining named to this Complaint DID commit numerous varied constitutional violations against Plaintiff by violating Plaintiffs 14th and 5th Amendments Due Process against Article VI [2][3]. 617. Brenda Barnes effectively kept Plaintiff out of the courtroom denying Plaintiff 14th Amendment Rights to Due Process, Equal Protection, equal access to the Court going to severe constitutional Rights violations of the 1st, 4th, 5th, 6th, 7th, 8th, 9th, 11th,13th, 14th, Amendments.

Kirkland: 4:11-CV-3902 TMP

178

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

179

618. Brenda Barnes therein in extreme violation of Plaintiffs constitutional Rights, severely and effectively stripped Plaintiff of: 1st Amendment Redress, to access of the Court denied. 1st, Speech, to speak in her defense. st 1 , Association, to counsel of choice. 4th Amendment No probable Cause of a crime committed to grounds to warrant Arrest and Imprisonment against Plaintiff. th 4 , Unreasonable seizure of Plaintiff and her property, land, and a Chevrolet Corvette taken. 5th Amendment Deprived of liberty without due process. 5th, Deprived of Due Process. 5th, Deprived of property without due process. th 5 , Deprived of property without just compensation. th 5 , __________ No Presentment, No Indictment of Grand Jury where Plaintiff was criminally charged by Brenda Barnes. th 5 , __________ Plaintiff was compelled in Jail by physical force, physical threat of harm, coerced to sign waiver or release papers as to testify-witness against herself. 6th Amendment In all criminal prosecutions, shall be by Jury, BUT there was no Jury, Plaintiff was not convicted by Jury Verdict. 6th, Guarantees absolute Jury Trial to Plaintiff, and supported by Article III Section 2 [3] The Trial of all crimes (shall be) by Jury. 6th, Plaintiff was not informed of the (nature). 6th, Plaintiff not in the courtroom, was not allowed to confront-cross-examine prosecution witnesses. th 6 , Plaintiff not allowed to call her witnesses.
Kirkland: 4:11-CV-3902 TMP 179 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

180

6th, Plaintiff did not have assistance of choice counsel. th 6 , __________ Plaintiff, instead of a jury trial, she received or was subjected to experience partiality, preconception, in a prejudiced Court, using City, County, Prosecutors and witnesses to the State Attorney Generals Office, in a criminal prosecution all without jury or trial. 7th Amendment In Civil matters, Jury (shall be) preserved, meaning mandatory by law, judge having no discretion to do otherwise under the law, Article VI [2][3]. 7th, __________ Simple proof to mandatory Jury, the following words further state and no fact tried by jury, (shall be) otherwise re-examined in any court meaning the judge cant hear the case before himself to begin with, and further cannot over-turn a verdict by jury. 8th Amendment Plaintiff suffered-endured (4) four false arrests and (4) four false imprisonments during this time period of Court proceedings that goes to Summary Judgment punishment without due process or trial, a cruel and unusual punishment without lawful conviction. th 8 , __________ Plaintiff suffered-endures financial hardship due to excessive bails, (not uniform) substantial dollar increases in varied amounts to same charge. 9th Amendment The enumeration in the Constitution, of certain rights, (shall not be construed) to deny or disparage other rights retained by Plaintiff to contract and all content rights of Article I Section 10 [1], file her Complaints against Defendants accordingly.
Kirkland: 4:11-CV-3902 TMP 180 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

181

13th Amendment Plaintiff forced into incarcerated bondage, Jail time served without any lawful constitutional conviction by a Jury Verdict, involuntary servitude. 14th Amendment- Plaintiff deprived of her liberty without a lawful jury verdict conviction. th 14 , Deprived of all Due Process. th 14 , Deprived of Equal Protection. 14th , Deprived of land and other property without due process. th 14 , __________ Marshall County State Court enforced laws which did abridge the privileges and immunities of Plaintiff, a biased prejudiced tribunal, the 14th Amendment, Section [3] forbids judges to act in insurrection against litigants, against the supreme law and controlling mandatory authority of Article VI [2][3], also held in Article III Sect. 3 [1]. 619. Brenda Barnes in retaliation, furthered by her own overt acts already in evidence to committing-joining in a land-grab Conspiracy, Breach of Contract, Fraud, Fraud Upon the Court, Perjury, to giving falsified fraudulent testimony to the Court, did effect and subjected the Plaintiff to an Abuse of Process in the Marshall County Circuit Court. 620. DISMISSED But discussed briefly here as their actions demand Plaintiff receive Declaratory Prospective Injunctive Relief Order as justice requires to this 1983 Complaint, the Judges, Grant Police Officers, Marshall County Sheriff Scott Walls, Sheriff Deputies, and each one of them in there own respective capacities did
Kirkland: 4:11-CV-3902 TMP 181 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

182

instigate and / or effect a Conspiracy against Plaintiff, and as direct and proximate cause of their concerted unlawful, conspiratorial, malicious prosecution, taking actions which have the purpose and / or effect of continuing their process to deprive Plaintiff of her constitutional Rights under the U.S. Constitution, statutes, and laws of the United States, in a retaliation cover-up of the unlawful unconstitutional nature of their Marshall County Court. 621. The Court protects shields their Police Officers or Deputies above the law from claims, yet causing damages to Plaintiff, where Plaintiff continues to suffer from irreparable and immediate injury, hardship and harm from a fraudulent defective Arrest Warrant currently outstanding. 622. This statute 18 U.S.C. 242 makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S. Acts under "color of any law" include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that, in order for unlawful acts of any official to be done under "color of any law," the unlawful acts must be done while such official is purporting or pretending to act in the performance of his / her official duties. This definition includes, in addition to law enforcement officials, individuals such as Mayors, Judges, Council persons, persons who are bound by laws, statutes ordinances, or customs. Punishment varies from a fine or imprisonment of up to one year, or both, and if bodily injury results or if such acts include the use, attempted use, or threatened use of a firearm,
Kirkland: 4:11-CV-3902 TMP 182 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

183

dangerous weapon, explosives, or fire shall be fined or imprisoned up to ten years or both. 623. Plaintiff unable to return home without False Arrest, all of this has been committed and aided by local, County, and State Officials & persons, including the Courts Judges, Clerks, Police, and Sheriff Scott Walls and his Sheriff Deputies acting with, for Marshall County, occurring in, under official color of state law in concert to a combined joined conspiracy. 624. Defendants, and each of them, were and are the agents, servants, associates, representatives, and/or employees of each of the other Defendants herein, and were at all times acting within the course and scope of such agency, representation and employment and with the permission and consent of each of said Defendants. 625. Plaintiff upon such information and belief alleges, that each of the Defendants inclusive, were, at all times herein mentioned, acting in concert with, and in Conspiracy with, each and every one of the remaining Defendants. 626. Wherever appearing in this complaint, each and every reference to Defendants and to any of them, is intended to be and shall be a reference to all Defendants hereto, and to each of them, named and unnamed, unless said reference is otherwise specifically qualified. 627. As a direct and proximate cause and result of Defendants concerted unlawful, conspiratorial, malicious prosecution, wrongful detention of Plaintiff in Court to endure this mockery kangaroo Court, Plaintiff suffers severe mental anguish, in connection with the deprivation of
Kirkland: 4:11-CV-3902 TMP 183 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

184

judges certain attempt at depriving Plaintiff of her liberty, absolute certain deprivation of Plaintiffs constitutional and statutory rights guaranteed by the First, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Thirteenth, Fourteenth Amendments, the Due Process and Equal Protection Clauses of the Fifth & Fourteenth Amendments of the Constitution of the United States and protected by 42 U.S.C. 1983 et seq., 42 U.S.C. 1985 et seq., 42 U.S.C. 1986 et seq., and 18 U.S.C. 241 and 242 et seq. 628. At all times relevant to this Complaint, Defendants were acting under the Authorities of Marshall County, Town of Grant Corporation Charters acting under color of State law and pursuant to official City, County Policy or custom, policies, procedures, practices and acts alleged as set forth herein, were undertaken, aided, authorized, supervised or consented to by each Defendants state of mind with intentional malice, design to violate, and with deliberate indifference to and reckless disregard, conspiring to violate the rights, privileges and immunities guaranteed to Plaintiff by the Constitution and laws of the United States. 629. PLAINTIFF, therein was damaged as a result of Brenda Barnes committing actions in a conspiracy causing extreme violations to a deprivation of the Plaintiffs constitutional Rights, Contract Rights, Property Rights, intentional torts to a malicious prosecution, Plaintiff was therein damaged by physical arrest, to a false imprisonment, loss of liberty, loss of land, loss of car, loss of other property, made to suffer extreme financial loss, financial damage and hardship, physical pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, resulting in severe Duress and deprivation of society with her family as a result.
Kirkland: 4:11-CV-3902 TMP 184 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

185

630. Therefore, Brenda Barnes committed a severe Deprivation of Constitutional Rights violations against the U.S. Constitution and Federal Statute in Support, 18 U.S.C. 242 joining in Conspiracy causing Plaintiff substantial contractual financial damage to a Breach of Contract, loss of land and enjoyment of property, causing false arrestfalse imprisonment, substantial constitutional Rights violations, under attack to a complete lack of Due Process, Equal Protection and substantial Torts all going against Plaintiff, using the Peoples State Bank Power, made fraudulent banking accusations against Plaintiff, utilizing Marshall Countys prosecuting Power, to the Court Judges, contacted County Sheriff Scott Walls, Sheriff Deputies & local Police of Grant utilized, Marshall County Prosecuting Attorney to the Alabama State Attorney Generals Power, Marshall County Political Power by omission, concealment, suppression of evidence with Fraud, Perjury, going to a Malicious Prosecution with complete Abuse of Process, putting Plaintiff under the Jail, all in violation of and pursuant to U.S.C. Title 42 1983 et seq. 1981, 1982, Title 18 U.S.C. 242, 241 conspiracy, violations by and under 1985 Conspiracy. 631. PLAINTIFF DEMAND FOR DAMAGES AGAINST BRENDA BARNES Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff against Brenda Barnes Bank CEO, is set out just before the beginning of COUNT 1 Conspiracy against her, is applied here as though the same were fully set forth herein.

Kirkland: 4:11-CV-3902 TMP

185

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

186

BRENDA BARNES COUNT 14. FALSE INSTRUMENT FORGERY 632. Plaintiff incorporates herein by reference at all times relevant to this Complaint Defendant was acting under the authorities of pursuant to and under 42 U.S.C. 1983 et seq., 1985 et seq., 1981 and 1982 et seq., 18 U.S.C. 242, and 241, to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1) through (186), directly as its total description was mostly all joined, caused, and or is attributable to Defendant No.1, Brenda Barnes unlawful actions to Plaintiffs Fourteenth Cause of Action against her (Count 14) as though the same were fully set forth herein. 633. Brenda Barnes has made falsified affidavits, fraudulent statements, testimony, omissions, concealment, suppression of evidence extremely harmful and untruthful against the Plaintiff to the Marshall County Court. 634. Therein, Brenda Barnes is directly accountable-liable to initiating, causing, joining in conspiracy to the other Defendants, to all corrupted fraudulent Court process committed against Plaintiff. 635. Plaintiff has recently acquired a couple of copies of Marshall County Court Arrest Warrants filed-served against her, and noticed some very particular, peculiar oddities on the face of these Warrants.

Kirkland: 4:11-CV-3902 TMP

186

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

187

636. These Arrest Warrants dont appear uniformed, appear to be signed by Court Clerks, and others, - Not a judge in violation of Alabama Code 15-7- 4, that holds Warrants must be signed by a Judge. 637. If this is apparently the case, then these Court Clerks are engaged in adjudication of law to procedures practicing law without a license, just the tip of implications where this may go for cause. 638. Therein these Marshall County Court Arrest Warrants further clearly demonstrate the fraudulent corrupt nature of what has been occurring unlawfully-unconstitutionally to and against Plaintiff. 639. Although a Marshall County Court Clerk has signed and executed the Arrest Warrant in her own name, the Clerk is guilty of making a false instrument, as it is found false in material part and was calculated to induce and DID induce the Sheriff, the Deputies, and Plaintiff to give credit to it as genuine and authentic when the instrument is not in fact what it purports to be (a lawful Warrant), when in-fact, it is Fraud, by a False Instrument Forgery. 640. These Marshall County Arrest Warrants signed by Court Clerks, is the procuring of a genuine signature to an instrument by fraudulent representations or omissions constitutes forgery. 641. These Marshall County Arrest Warrants are sufficient where the Warrant purports or appears to be legally valid, thus, the signing of the Clerks signature to the instrument with the intent to defraud constitutes the crime of forgery.

Kirkland: 4:11-CV-3902 TMP

187

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

188

642.These Marshall County Arrest Warrants are with fraudulent authority under Color of State Law, falsely made, altered, and a part of a writing which would, if genuine, impose a legal liability on Plaintiff or change Plaintiffs legal right or liability. 643. The Court Clerks false making -altering was with the intent to defraud, where the Arrest Warrants have the ability to defraud and is of legal efficacy with the intent to defraud. 644. These Arrest Warrants look genuine where the Sheriff, Deputies actually relied on this forged instrument. 645. The cause and effect being, Plaintiff suffered False Arrest (4) four times and put in the Marshall County Jail. 646. Therefore, Brenda Barnes is accountable-liable to instigatingcausing this misappropriation of fraudulent Arrest Warrants being issued against Plaintiff, Brenda Barnes guilty of forgery where she procured its commission by falsified testimony and omissions. 647. Brenda Barnes knew at such time that the Arrest Warrants had been falsely made, ignoring that fact in furtherance for her cover-up to effectively Silence Plaintiff for her financial monetary gains. 648. PLAINTIFF, therein was damaged as a result of Brenda Barnes committing-making false claims-testimony misleading the Court in actions involved in a joined conspiracy causing extreme violations of the Plaintiffs constitutional Rights, Contract Rights, Property Rights, intentional torts to a malicious prosecution, Plaintiff was

Kirkland: 4:11-CV-3902 TMP

188

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

189

therein damaged by physical arrest, to a false imprisonment, loss of liberty, loss of land, loss of car, loss of other property, made to suffer extreme financial loss, financial damage and hardship, physical pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, resulting in severe Duress and deprivation of society with her family as a result. 649. Therefore, Brenda Barnes effectively causing False Instrument Forgery Court process against Plaintiff, joining in Conspiracy causing Plaintiff substantial contractual financial damage to a Breach of Contract, loss of land and enjoyment of property, causing false arrest-false imprisonment, substantial constitutional Rights violations, under attack to a complete lack of Due Process, Equal Protection and substantial Torts all going against Plaintiff, using the Peoples State Bank Power, made fraudulent banking accusations against Plaintiff, utilizing Marshall Countys prosecuting Power, to the Court Judges, contacted County Sheriff Scott Walls, Sheriff Deputies & local Police of Grant utilized, Marshall County Prosecuting Attorney to the Alabama State Attorney Generals Power, Marshall County Political Power by Breach of Contract, Omission, concealment, suppression of evidence with Fraud, Perjury, going to a Malicious Prosecution with complete Abuse of Process, putting Plaintiff under the Jail, all in violation of and pursuant to U.S.C. Title 42 1983 et seq. 1981, 1982, Title 18 U.S.C. 242, 241 conspiracy, violations by and under 1985 Conspiracy. 650. PLAINTIFF DEMAND FOR DAMAGES AGAINST BRENDA BARNES

Kirkland: 4:11-CV-3902 TMP

189

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

190

Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff against Brenda Barnes Bank CEO, is set out just before the beginning of COUNT 1 Conspiracy against her, is applied here as though the same were fully set forth herein. BRENDA BARNES COUNT 15. FALSE ARREST 651. Plaintiff incorporates herein by reference at all times relevant to this Complaint Defendant was acting under the authorities of pursuant to and under 42 U.S.C. 1983 et seq., 1985 et seq., 1981 and 1982 et seq., 18 U.S.C. 242, and 241, to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1) through (192), directly as its total description was mostly all joined, caused, and or is attributable to Defendant No.1, Brenda Barnes unlawful actions to Plaintiffs Fifteenth Cause of Action against her (Count 15) as though the same were fully set forth herein. 652. Brenda Barnes committed direct perjured testimony, affidavits, statements, omissions, concealment, suppression of evidence to personally performed overt acts, in combined actions with others in a joined conspiracy and malicious prosecution all going to the Marshall County Court against Plaintiff.

Kirkland: 4:11-CV-3902 TMP

190

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

191

653. Brenda Barnes combined actions manipulating the Court into a malicious prosecution to an Abuse of Process, instigated fraudulent defective court process to Arrest Warrants being issued against Plaintiff. 654. Fraudulent defective Arrest Warrants were issued without proper presentment or indictment to a crime committed by Plaintiff. 655. No proper Standing Witness Affidavit, no signed Jury Form, or lawful proper Warrant was acquired or presented. 656. The alleged criminal charges to the (nature) was not explained, a 6th Amendment violation. 657. Another criminal charge was a fabrication with false, fraudulent, perjured witnesses, without cross examination due process allowed to Plaintiff of these witnesses. Plaintiff was not even allowed to be physically present in the courtroom. A 5th, 6th , 14th, Amendments violations. 658. These Arrest Warrants apparently are not signed by the Judge required by Alabama Code 15-7- 4, without the authority of law. 659. These Arrest Warrants are signed by Court Clerks and others which constitute False Instruments to Forgery, without the authority of law. 660. Plaintiff therein suffered (4) four False Arrests by Marshall County Sheriff Deputies and taken each time to the Marshall County Jail where Plaintiff was further incarcerated for days at a time.

Kirkland: 4:11-CV-3902 TMP

191

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

192

661. Plaintiff as a result, suffered the loss of her liberty, taken into custody by physical armed force, against her will and the law, taken to the Marshall County Jail, suffering incarceration (4) four consecutive times, where circumstances to cause are found in violation of Plaintiffs Due Process, Equal Protection and against the 1st, 4th, 5th, 6th, 7th, 8th, 9th, 14th Amendments, charged with criminal charges without a Jury Trial Conviction. 662. Plaintiff suffered firm physical detention hurting her arms tissue in recovery from cancer surgery, effected by further verbal threats in aggravated assaults by several Sheriff Deputies each time of arrest, the Plaintiff experiencing a just fear of injury to her person. 663. PLAINTIFF, therein was damaged as a result of Brenda Barnes committing-making false claims, false testimony misleading the Court in actions in a conspiracy causing extreme violations of the Plaintiffs constitutional Rights, Contract Rights, Property Rights, intentional torts to a malicious prosecution, Plaintiff was therein damaged by physical arrest, to a false imprisonment, loss of liberty, loss of land, loss of car, loss of other property, made to suffer extreme financial loss, financial damage and hardship, physical pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, resulting in severe Duress and deprivation of society with her family as a result. 664. Therefore, Brenda Barnes causing Plaintiff to suffer-endure (4) four False Arrest to a loss of her liberty, joining in Conspiracy causing Plaintiff substantial contractual financial damage to a Breach of Contract, loss of land and enjoyment of property, causing false arrestfalse imprisonment, substantial constitutional Rights violations, under
Kirkland: 4:11-CV-3902 TMP 192 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

193

attack to a complete lack of Due Process, Equal Protection and substantial Torts all going against Plaintiff, using the Peoples State Bank Power, made fraudulent banking accusations against Plaintiff, utilizing Marshall Countys prosecuting Power, to the Court Judges, contacted County Sheriff Scott Walls, Sheriff Deputies & local Police of Grant utilized, Marshall County Prosecuting Attorney to the Alabama State Attorney Generals Power, Marshall County Political Power by Breach of Contract, Omission, concealment, suppression of evidence with Fraud, Perjury, going to a Malicious Prosecution with complete Abuse of Process, putting Plaintiff under the Jail, all in violation of and pursuant to U.S.C. Title 42 1983 et seq. 1981, 1982, Title 18 U.S.C. 242, 241 conspiracy, violations by and under 1985 Conspiracy. 665. PLAINTIFF DEMAND FOR DAMAGES AGAINST BRENDA BARNES Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff against Brenda Barnes Bank CEO, is set out just before the beginning of COUNT 1 Conspiracy against her, is applied here as though the same were fully set forth herein. BRENDA BARNES COUNT 16. FALSE IMPRISONMENT 666. Plaintiff incorporates herein by reference at all times relevant to this Complaint Defendant was acting under the authorities of pursuant to and under 42 U.S.C. 1983 et seq., 1985 et seq., 1981 and 1982 et seq., 18 U.S.C. 242, and 241, to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall
Kirkland: 4:11-CV-3902 TMP 193 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

194

County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1) through (194), directly as its total description was mostly all joined, caused, and or is attributable to Defendant No.1, Brenda Barnes unlawful actions to Plaintiffs Sixteenth Cause of Action against her (Count 16) as though the same were fully set forth herein. 667. Brenda Barnes, instrumental, accountable liable to committing a nightmare of Marshall County Court and Political Powers, to the Bank, other Defendants, all joined in conspiracy to a malicious prosecution to an abuse of process to utilize local Grant Police, Sheriff Deputies to repeatedly Arrest Plaintiff throwing her in the Marshall County Jail for days at a time. 668. Plaintiff suffered-endured False Imprisonment (4) four times. 669. The last False Imprisonment the worst where Plaintiff was chained to a wall standing up for awhile being processed into Jail, then stripped naked in front of Police Officers and others looking on, sprayed with harmful chemicals making Plaintiffs hair fall out and made to stand there for about 40 minutes, then put into solitary confinement sleeping on a concrete slab for (5 ) days, taken to a small adjoining room in Jail and forced to sign release papers or else in violation of 5th Amendment Right not to incriminate, a most heinous crime against Plaintiff even grade school children easily understand. 670. Plaintiff as a result, did suffer the loss of her liberty against the law and her will, to an 8th Amendment violation to Summary JudgmentCruel and Unusual Punishment of incarceration without Due Process, Equal Protection, found further in violating Plaintiffs 1st, 4th, 5th, 6th, 7th,
Kirkland: 4:11-CV-3902 TMP 194 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

195

8th, 9th, 11th, 13th, and the14th Amendments without a Jury Trial Conviction to criminal charges. 671. Brenda Barnes DID effectively cause Plaintiff to suffer False Imprisonment without authority of law accomplished by actual physical violence and threats to harm and injury to her person. 672. PLAINTIFF, therein was damaged as a result of Brenda Barnes committing-making false claims, false testimony misleading the Court in actions in a joined conspiracy causing extreme violations of the Plaintiffs constitutional Rights, Contract Rights, Property Rights, intentional torts to a malicious prosecution, Plaintiff was therein damaged by physical arrest, to a false imprisonment, loss of liberty, loss of land, loss of car, loss of other property, made to suffer extreme financial loss, financial damage and hardship, physical pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, resulting in severe Duress and deprivation of society with her family as a result. 673. Therefore, Brenda Barnes caused Plaintiff to suffer-endure False Imprisonment, joining in Conspiracy causing Plaintiff substantial contractual financial damage to a Breach of Contract, loss of land and enjoyment of property, causing false arrest-false imprisonment, substantial constitutional Rights violations, under attack to a complete lack of Due Process, Equal Protection and substantial Torts all going against Plaintiff, using the Peoples State Bank Power, made fraudulent banking accusations against Plaintiff, utilizing Marshall Countys prosecuting Power, to the Court Judges, contacted County Sheriff Scott Walls, Sheriff Deputies & local Police of Grant utilized, Marshall County Prosecuting Attorney to the Alabama State Attorney Generals
Kirkland: 4:11-CV-3902 TMP 195 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

196

Power, Marshall County Political Power by Breach of Contract, Omission, concealment, suppression of evidence with Fraud, Perjury, going to a Malicious Prosecution with complete Abuse of Process, putting Plaintiff under the Jail, all in violation of and pursuant to U.S.C. Title 42 1983 et seq. 1981, 1982, Title 18 U.S.C. 242, 241 conspiracy, violations by and under 1985 Conspiracy. 674. PLAINTIFF DEMAND FOR DAMAGES AGAINST BRENDA BARNES Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff against Brenda Barnes Bank CEO, is set out just before the beginning of COUNT 1 Conspiracy against her, is applied here as though the same were fully set forth herein. BRENDA BARNES COUNT 17. LIBEL AND SLANDER DEFAMATION 675. Plaintiff incorporates herein by reference at all times relevant to this Complaint Defendant was acting under the authorities of pursuant to and under 42 U.S.C. 1983 et seq., 1985 et seq., 1981 and 1982 et seq., 18 U.S.C. 242, and 241, to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1) through (197), directly as its total description was mostly all joined, caused, and or is attributable to Defendant No.1, Brenda Barnes unlawful actions to Plaintiffs Seventeenth Cause of Action against her (Count 17) as though the same were fully set forth herein.
Kirkland: 4:11-CV-3902 TMP 196 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

197

676. Brenda Barnes with malice told or stated, gave falsified, fabricated verbal deceitful information to the Marshall County Circuit Court in a very calculated plan to cover-up the truth regarding Plaintiffs / Banks Mortgage Contract agreement, with a mean spirited defiance against the truth, having full knowledge of the truth, made statements knowing it was false lies to the Court. 677. Brenda Barnes entertained the idea and DID ACT on a suppression of evidence against the truth, with maintaining silence to the very serious omissions, concealment of the evidence, telling lies otherwise as she was testifying to the Marshall County Court, knowing it all was false. 678. Brenda Barnes DID file written false Complaint to the Court. 679. Brenda Barnes DID file written false Affidavits to the Court. 680. Brenda Barnes DID falsely testify against Plaintiff in open Court while under Oath. 681. Brenda Barnes DID use verbally spoken word, speaking about Plaintiff, to convey Plaintiff in a false light in front of, to, other Bank employees, listening distance of other people in open Court, to Marshall Court Staff Personnel, Court Clerks, Judges, City and County Attorneys, local Grant Police, Sheriff Deputies, news media at large, certain notification and filing Public Foreclosure Notice in Advertiser Gleam Newspaper, credit bureaus, Court documents to Judgments becoming public record and public knowledge. 682. Brenda Barnes DID claim Plaintiff to be in severe violation of laws,
Kirkland: 4:11-CV-3902 TMP 197 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

198

and a criminal, when the Plaintiff was NOT. 683. Brenda Barnes filed and joined in conspiracy to criminal charges filed against Plaintiff, did assist, aid & abet, join, support, back, and herself claiming Plaintiff broke the law committing crimes, when in fact the Plaintiff is innocent of these false charges. 684. Brenda Barnes DID communicate a False Foreclosure against Plaintiff in Open Court, on the Courthouse steps in unlawful Foreclosure Sale, and in the local Advertiser Gleam Newspaper printing a Foreclosure Notice, using Plaintiffs name. 685. Brenda Barnes DID communicate these false criminal charges to false Judgments with both verbal slander and written libel Defamation to numerous, to substantial public third parties in the Advertiser Gleam Newspaper, news media, open Court, in / on public record to the communities of Grant, Guntersville, and surrounding regional public area publication against Plaintiff, Brenda Barnes without legal excuse. 686. Brenda Barnes Bank CEO of an entire banking corporation, and a standing member of the Grant Chamber of Commerce, has certain substantial accountability, responsibility for the control over the conduct of local governmental affairs. 687. Brenda Barnes therein does affect-influence local public, governmental, and financial affairs. 688. Brenda Barnes is a Town Of Grant employee holding Office as a Member of the Chamber Of Commerce that is of such apparent certain

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importance that the public is affected or influenced to certain degrees in any dealings or issues Brenda Barnes is involved in. 689. People who know Plaintiff did see, hear, read of Plaintiff being charged with criminal charges, arrested, imprisoned-Jailed, adjudicated as guilty, fleeing for safety, being still sought on outstanding Arrest Warrant, where third parties misunderstand the truth, damaging, misleading truth, against Plaintiff, causing defamatory import of such circumstances as harmful, making Plaintiff appear as a criminal, putting the Plaintiff in a false light to her family, friendships, business associations, in the public eye-view. 690. PLAINTIFF, therein was damaged as a result of Brenda Barnes putting Plaintiff before the public community in a False Light with both Libel and Slander Defamation, by committing actions in a conspiracy causing extreme violations of the Plaintiffs constitutional Rights, Contract Rights, Property Rights, intentional torts to a malicious prosecution, Plaintiff was therein damaged by physical arrest, to a false imprisonment, loss of land, loss of car, loss of other property, made to suffer extreme financial loss, financial damage and hardship, physical pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, resulting in severe Duress and deprivation of society with her family as a result. 691. Therefore, Brenda Barnes DID commit Libel and Slander Defamation, joining in Conspiracy causing Plaintiff substantial contractual financial damage to a Breach of Contract, loss of land and enjoyment of property, causing false arrest-false imprisonment, substantial constitutional Rights violations, under attack to a complete lack of Due Process, Equal Protection and substantial
Kirkland: 4:11-CV-3902 TMP 199 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

200

Torts all going against Plaintiff, using the Peoples State Bank Power, made fraudulent banking accusations against Plaintiff, utilizing Marshall Countys prosecuting Power, to the Court Judges, contacted County Sheriff Scott Walls, Sheriff Deputies & local Police of Grant utilized, Marshall County Prosecuting Attorney to the Alabama State Attorney Generals Power, Marshall County Political Power by a Breach of Contract, Omission, concealment, suppression of evidence with Fraud, Perjury, going to a Malicious Prosecution with complete Abuse of Process, putting Plaintiff under the Jail, all in violation of and pursuant to U.S.C. Title 42 1983 et seq. 1981, 1982, Title 18 U.S.C. 242, 241 conspiracy, violations by and under 1985 Conspiracy. 692. PLAINTIFF DEMAND FOR DAMAGES AGAINST BRENDA BARNES Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff against Brenda Barnes Bank CEO, is set out just before the beginning of COUNT 1 Conspiracy against her, is applied here as though the same were fully set forth herein. BRENDA BARNES COUNT 18.
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

693. Plaintiff incorporates herein by reference at all times relevant to this Complaint Defendant was acting under the authorities of pursuant to and under 42 U.S.C. 1983 et seq., 1985 et seq., 1981 and 1982 et seq., 18 U.S.C. 242, and 241, to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General Facts For
Kirkland: 4:11-CV-3902 TMP 200 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

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201

All Counts of Action description from Pages (1) through (201), directly as its total description was mostly all joined, caused, and or is attributable to Defendant No.1, Brenda Barnes unlawful actions to Plaintiffs Eighteenth Cause of Action against her (Count 18) as though the same were fully set forth herein. 694. In Brenda Barnes combined, all roads connect, all of the acts attributed taken together, goes to her conduct that reflects a calculated plan to cause this Plaintiff to foreseeable physical distress, pain, emotional and financial harm beyond doubt. 695. Brenda Barnes had Full Knowledge in a conspiratorial pattern of conduct, knowing about most everything that was occurring within this Complaint that Plaintiff suffered-endures. 696. Therein, Brenda Barnes herself directly and intentionally committing overt acts of a false fraudulent forced Foreclosure against Plaintiff, and became the instrumental key part to the joined conspiracy, and lying about everything else in between. 697. Brenda Barnes having knowledge of the true facts, but yet ignoring, setting aside, disregarded all the truth in evidence, Brenda Barnes by omission, concealment, suppression of evidence ignored Plaintiffs insurance coverage, paid Mortgage check payments up-to-date, and that the Bank sold the original Note. 698. Brenda Barnes of / and Peoples State Bank of Commerce no longer the lawful creditor.

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699. Brenda Barnes having full knowledge of Defendants Chuck Van Etten and Christopher Duvall utilizing their favorable Police friendassociates connections to aid and assist the Defendants in their efforts to further intimidate, harass Plaintiff, in their conspiracy of on-going land disputes actions, Brenda Barnes joined right in with them. 700. Brenda Barnes then further filed a false-fraudulent criminal charge against Plaintiff for alleged false document unexplained. 701. A fraudulent defective Arrest Warrant was issued against Plaintiff on this charge. 702. Plaintiff has been already arrested (2) times consecutively on the same charge. 703. Plaintiff was then & now, is still currently being sought after by this outstanding fraudulent defective Arrest Warrant by Marshall County Sheriff Scott Walls, where this continuous Abuse of Process to a Malicious Prosecution is attributed to direct Fraud-Perjured testimony to the Court by Brenda Barnes. 704. Brenda Barnes then utilized such Police involvement herself for her own agenda and benefit in furtherance of the on-going conspiracy already in motion, knowing what the Police had already done to the Plaintiff. 705. Brenda Barnes falsely accused-falsely charged Plaintiff, where the Plaintiff was physically then manhandled by Police and Deputies to suffer Aggravated Assault & Battery, False Arrest, False Imprisonment

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causing physical Injury and pain to bodily areas of cancer muscle- tissue surgery removal. 706. Brenda Barnes DID intentionally commit Perjury by Fraud to the Court, failing to disclose truth in facts of evidence, failed to inform the Marshall County Circuit Court of these true existing facts. 707. Brenda Barnes wrongfully Foreclosed on Plaintiff just the same taking Plaintiffs property and car by fraudulent Court force. 708. Brenda Barnes achieved through Fraud-Perjury to the Court, furthered by Police Force, the taking of Plaintiffs land, her Chevrolet Corvette. 709. Brenda Barnes has direct intentional motive for coming against Plaintiff, by Plaintiff exposing Brenda Barnes, motive being that Brenda Barnes conduct is in retaliation for exposure and to cover-up crimes and torts being committed by Brenda Barnes against Plaintiff and Depositors would ruin Brenda Barnes. 710. Brenda Barnes is engaged in Banking Fraud against Plaintiff and all of their Depositors. 711. Brenda Barnes got caught by Plaintiff in her fraud - deceit, therein planned a cover-up of her unlawful activities, and furthered a set-up in joined conspiracy to do away with Plaintiff. 712. Brenda Barnes therein, went after Plaintiff as to silence her where Defendant Barnes found the plaintiff was vulnerable and she knew it.

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713. Brenda Barnes / Peoples State Bank of Commerce's trick by deceit, Fraud, to a Breach of Contract, committed torts against Plaintiff, has resulted in the unjust enrichment of Defendants at Plaintiff s horrendous expense, financially, physically, emotionally, and spiritually where Plaintiff suffers harm and damages. 714. Brenda Barnes DID commit or joined in conspiracy to, Breach of Contract, Fraud, Perjury, Conspiracy, Fraud Upon the Court, Malicious Prosecution, Abuse of Process, Extortion, Conversion, Grand Larceny, Defamation, Intentional Infliction of Emotional Distress. 715. Brenda Barnes actions are seen as unreasonable and intentional, in displayed character beyond bounds of common decency to an outright, cold blooded outrageous invasion of Plaintiffs peaceful nature and tranquility. 716. PLAINTIFF, therein was damaged as a result of Brenda Barnes committing-making false claims, false testimony misleading the Court to actions in a malicious prosecution, Plaintiff was therein damaged by physical arrest, to a false imprisonment, loss of liberty, loss of land, loss of car, loss of other property, made to suffer extreme financial damage and hardship, physical pain, psychological trauma, suffers with constant nightmares, pain & suffering, causing real and actual highly intensified unpleasant mental reactions susceptible in fear of her well being and safety, fright, nervousness, to sirens, Police Cars, grief, anxiety, worry, mortification, shock, humiliation and indignity, as well as physical pain, and to her loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, and deprivation of society with her family as a result, atrocious, and utterly intolerable where no reasonable person in a civilized society should be expected to endure it.
Kirkland: 4:11-CV-3902 TMP 204 U.S.C. TITLE 42 1983, 1985 et seq.

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717. Plaintiffs physical sign manifestations of the distress are now always obvious in plain view, she is easily startled, sad voice, tone is low, eyes often tearful, lack of energy, declining zest for life, lack of productivity, depression, a recluse now to society - social activity, to all acquaintances to friends will surely give testimony about these changes now seen in her behavior, emotional distress she suffers is physically apparent and significant, where she will require-seek out medical diagnosis-treatment. 718. Therefore, Brenda Barnes committed cold blooded Intentional Infliction of Emotional Distress committing overt acts and joining in Conspiracy causing Plaintiff substantial contractual financial damage to a Breach of Contract, loss of land and enjoyment of property, causing false arrest-false imprisonment, substantial constitutional Rights violations, under attack to a complete lack of Due Process, Equal Protection and substantial Torts all going against Plaintiff, using the Peoples State Bank Power, made fraudulent banking accusations against Plaintiff: utilizing Marshall County's prosecuting Power, to the Court Judges, contacted County Sheriff Scott Walls, Sheriff Deputies & local Police of Grant utilized, Marshall County Prosecuting Attorney to the Alabama State Attorney Generals Powers, Marshall County Political Power, Brenda Barnes accountable and liable by her omissions, concealment, suppression of evidence with Fraud, Perjury, going to a Malicious Prosecution with complete Abuse of Process, putting Plaintiff under the Jail, all in violation of and pursuant to U.S.C. Title 42 1983 et seq., 1981, 1982, Title 18 U.S.C. 242, 241 conspiracy, violations by and under 1985 Conspiracy. 719. PLAINTIFFS DEMAND FOR SPECIAL DAMAGES

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AGAINST BRENDA BARNES 1. Plaintiff demands all Medical Bills, payments made in full for all necessary Mental / Medical Trauma diagnosis, therapy, treatment, procedures, medicines, hospitalization and / or Doctors Bills, or any other costs known or unknown regarding the same to Plaintiffs care. 2. Permanent Injunction Relief Order, an agreement by the parties to a lifetime Restraining Order as a part or portion of remedy the Court will have in the authority to impose the parties agreed provision, to be enforced by the Court as part of any settlement, wherein Brenda Barnes must be Court Ordered to permanently never contact, or come near or in close proximity to Plaintiff, or send any agent for any reason ever again anywhere else near Plaintiff. To Wit: A.Permanent Injunction Court Order (Lifetime) against Brenda Barnes to (Stop) her from ever coming near or contacting Plaintiff ever again, or her agents. B. Prevent Brenda Barnes from ever entering upon or near Plaintiffs properties ever again, or her agents. C. Prevent Brenda Barnes from driving near or on any connecting road as to be driving by in view of Plaintiffs property. D. Prevent Brenda Barnes or her agents from coming near Plaintiff in public or private environments, where real threat of immediate violent danger to human life, health, property, exists, as damage or the threat of human life and damage is irreparable harm. E. To stop, remove, restrain, or restrict this nuisance Brenda Barnes, is the primary basis for this lawsuit, both for damages
Kirkland: 4:11-CV-3902 TMP 206 U.S.C. TITLE 42 1983, 1985 et seq.

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207

caused by this nuisance and for Permanent Order (Injunction) against continuing invasion against Plaintiff of any more harmful activity, as to her displayed Banking Fraud - false acts misleading the Courts, threat to do financial harm, aggression, and all related conditions against Plaintiff. F. Brenda Barnes to be required under Court Order to pay the costs of removal and clean-up of any garbage to debris caused from her conspiratorial involvement unlawfully running Plaintiff off her land ending in furthered deterioration -destruction of Plaintiffs property. G. Pay the costs of full restoration of or complete repairs to any thing, chattel, to the land, or other property she caused with destructive damage done. H. All medical costs for injury to animals on the premises. I. The original survey re-conveyed, boundary line pin markers reinstalled, with re-survey costs included. J. Bushes, fill dirt, grass, plants, and all vegetation properly restored to such as the flowers, flower beds, vegetable garden, water fountains, holes, trenches filled, grass seeding, harmful air pollutants, chemicals, toxic soil removed. K. Brenda Barnes unlawful land encroachment is null & void against Plaintiff, a Judgment for Plaintiff to Bill of Quiet Title is sought, as a Bank Property Mortgage Agreement, a written Contract, was / is / still remains in effect, still at issue before the Court to be now determined by Jury, as there is an agreement between the parties, Plaintiff and Brenda
Kirkland: 4:11-CV-3902 TMP 207 U.S.C. TITLE 42 1983, 1985 et seq.

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Barnes, Bank CEO and the Peoples State Bank of Commerce. The law recognizes a duty to perform stated agreements or promises written in the contract, and allow recovery of damages for the lack or failure of specific performance of said agreements or promises. L. Further, Plaintiff holds a lawful Land Patent on the Property, that is not refuted-rebutted, which has not been in question throughout any court proceedings in the Marshall County Circuit Court. M. Plaintiffs Marshall County Circuit Court Records of Judgments, Orders, and all proceedings in these entire matters EXPUNGED. N. Plaintiff awarded Declaratory Prospective Injunctive Relief Order from all Marshall County Court Judgments and proceedings. O. Permanent Injunction Protection from Brenda Barnes, Lorean Duvall, Christopher Duvall, Chuck Van Etten, Grant Police Officers, Marshall County Sheriff Deputies, Sheriff Scott Walls from ever again coming near or on Plaintiffs Properties, bothering-contacting Plaintiff based on any matter within this Complaint. P. Brenda Barnes to pay Expenses-Costs incurred by alternate transportation, fuel, tires, oil, mileage wear & tear, travel time, assisted helps time involved. Q. Brenda Barnes to reimburse Plaintiff for Shelter Rents paid away from home, and further, property restitution of time away incurred by denial of enjoyment to Home and personal property.

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R. Plaintiff claims the value of loss to enjoyment of her land, and to loss for disrupted plans for this land use to future profits. S. Plaintiff claims the measure of damages for the wrongful occupation of her property including to the preceding five years prior to the time of this commencement of Complaint action as the Court shall find. T. Plaintiff claims the Cost of repair and restoration of the property to its original condition and; U. Plaintiff claims the costs she has incurred of recovering possession. 720. Consequential Damages: For Carolyn Sue Kirkland, has suffered severe increased duress, physical discomfort, mental pain & suffering away from familiar surroundings and assisted home equipment, devices, medical convenience of care. 721.
PLAINTIFFS DEMANDS FOR COMPENSATORY DAMAGES AGAINST BRENDA BARNES

A. A written Contract, a Bank Property Mortgage was / is / still remains in effect, still at issue before the Court to be determined by Jury, as there is an agreement between the parties, Plaintiff and Defendants Brenda Barnes Bank CEO and Peoples State Bank of Commerce. The law recognizes a duty to perform stated agreements or promises written in the contract, and allow recovery of damages for the lack or failure of specific performance of said agreements or promises. B. Therein, now considered a voidable Contract, on grounds the
Kirkland: 4:11-CV-3902 TMP 209 U.S.C. TITLE 42 1983, 1985 et seq.

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210

Bank induced a fraudulent omission committed against Plaintiff and failing to make good on promise of this insurance coverage and apply the insurance coverage accordingly, with further fraudulent omission, misrepresentation to the Marshall County Circuit Court, that insurance even existed, rather chose to induce the Court to wrongfully act-move against Plaintiff. C. Plaintiff may now rescind the Contract, for this Breach of Contract. Plaintiff asks the Court to Order Defendants, Brenda Barnes and Peoples State Bank of Commerce to execute a final Deed-Title to Property in dispute, to Plaintiff, (free & clear), where Defendants did agree, did issue a written, contracted Mortgage Agreement to sell Plaintiff the Property in dispute, has since refused to honor Plaintiff s legal contracted right to possess and enjoyment of Plaintiff s Property by committing an inexcusable Breach Of the Mortgage Contract by the Act of Criminal Conspiracy committed against Plaintiff. D. Further, Plaintiff holds a lawful Land Patent on the Property, that is not refuted-rebutted, which has not been in question throughout any court proceedings in the Marshall County Circuit Court. E. Plaintiff demands Judgment against the Defendants Brenda Barnes Bank CEO of / and Peoples State Bank of Commerce for Compensatory Damages in excess of ($350,000.00), Three Hundred and Fifty Thousand Dollars plus costs of this proceeding, taxes and interest, and for such other and further relief as to the court seems just and proper in the premises. F. Plaintiff awarded a final Deed-Title to Land Property paid in full, (free & clear) of any further financial or physical land encumbrance.
Kirkland: 4:11-CV-3902 TMP 210 U.S.C. TITLE 42 1983, 1985 et seq.

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G. The return of stolen car, and with full restored repairs on wear & tear and damages to the Plaintiffs 1998 White Chevrolet Corvette. WHEREFORE, Plaintiff demands Judgment against the Defendant Brenda Barnes for Special Damages, Consequential Damages, further Compensatory Damages as the Court shall find, and Punitive Damages as the Court shall find, plus costs of this proceeding and interest, and for such other and further relief as the court deems appropriate, just and proper in the premises. 722. Punitive Damages: The conduct of the Defendant Brenda Barnes is seen as so malicious, outrageous, intentional, offensive, willful and wanton and in complete disregard for the rights of Plaintiff, Plaintiff Demands Punitive Damages for (1/2 ) One Half of Brenda Barnes Net Worth, to assets, any inheritance, and Plaintiff further demands (1/2) of all Bank or Business profits, salaries, commissions, bonus, profit sharing, profits from Stocks, Bonds, or any other entitlements Paid to Brenda Barnes net worth to be garnished by the Federal Court for the next (8) eight years, and Plaintiff further demands (1/3) of Banks Net Worth Demanded as punishment.

___________________________________________________
723. DEFENDANT NO. 2 PEOPLES STATE BANK OF COMMERCE

C-2. DEFENDANT 2. Peoples State Bank of Commerce,


is now, and at all times herein mentioned, a corporation duly organized and existing under and by virtue of the laws of the State of Tennessee,

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is licensed conducting and authorized to do business in the State of Alabama, having its principal office at Address: P.O. Box 307 Nolensville, Tennessee 37135. PLAINTIFF DEMANDS FURTHER DISCOVERY WITH PEOPLES STATE BANK OF COMMERCE BOARD OF DIRECTORS AND THEIR ATTORNEYS 724. For Cause, The Peoples State Bank of Commerces attorneys have equally been shown in Plaintiffs Complaint to be fully involved, with full knowledge and intent to protect-shield the Banks CEO Brenda Barnes from the Court or the public finding out about Brenda Barnes criminal felony crimes against Plaintiff and other Bank customers, also chose to continue against the Plaintiff to effect a cover-up joined to the very same conspiracy. The attorneys themselves are actively involved in Banking Fraud Conspiracy against Plaintiff. 725. Plaintiff therein, demands full Due Process examination - will demand and do Discovery on Peoples State Bank of Commerces Board of Directors and the Banks own attorneys themselves in the Federal Court, as Plaintiff may have additional claims for relief under Civil RICO Federal Racketeering laws pursuant and under (18 U.S.C. 1964) as the Peoples State Bank of Commerce has shown and established a pattern of racketeering activity by using the U.S. Mail more than twice to collect an unlawful debt and the Peoples State Bank of Commerce may be found in violation of 18 U.S.C. 1341, 1343, 1961 and 1962. The Plaintiff may have other claims for relief. Plaintiff can prove there was or is a conspiracy to deprive her of her property without due process of law. Under 42 U.S.C. 1983 (Constitutional Injury), 1985 (Conspiracy) and 1986 (knowledge and Neglect to Prevent a U.S. Constitutional Wrong). Under 18 U.S.C. 241 (Conspiracy)

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violators, shall be fined not more than $10,000 or imprisoned not more than ten (10) years or both. 726. In a Debtors RICO action against its creditor, alleging that the creditor had collected an unlawful debt, an interest rate (where all loan charges were added together) that exceeded, in the language of the RICO Statute, twice the enforceable rate. The Court found no reason to impose a requirement that the Plaintiff show the Defendant had been convicted of collecting an unlawful debt, running a loan sharking operation. The debt included the fact that exaction of a usurious interest rate rendered the debt unlawful and that is all that is necessary to support the Civil RICO action. Durante Bros. And Sons, Inc. v. Flushing Natl Bank, 755 F.2d. 239, Cert. Denied, 473 US 906 (1985). The Supreme Court found that the Plaintiff in a civil RICO action need establish only a criminal violation and not a criminal conviction. 727. Further, the court held that the Defendant need only have caused harm to the Plaintiff by the commission of a predicate offense in such a way as to constitute a pattern of Racketeering activity. That is, the Plaintiff need not demonstrate that the Defendant is an organized crime figure, a mobster in the popular sense, or that the Plaintiff has suffered some type of special Racketeering injury; all that the Plaintiff must show is what the Statute specifically requires. The RICO Statute and the civil remedies for its violation are to be liberally construed to effect the congressional purpose as broadly formulated in the Statute. Sedima, SPRL v. Imrex Co., 473 US 479 (1985). 728. Plaintiff DEMANDS full Due Process Discovery of Peoples State Bank of Commerce attorneys themselves and the Banks Board of Directors as they certainly appear to be actively engaged-directly involved with full intent and knowledge, have defrauded Plaintiff of her property already in evidence, are engaged in criminal BankingSecurities Fraud Felony Crimes committed against Plaintiff.

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213

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PEOPLES STATE BANK OF COMMERCE COUNT 1. CONSPIRACY 729. Plaintiff incorporates herein by reference at all times relevant to this Complaint Defendant(s) were acting under the authorities of and pursuant to and under 42 U.S.C. 1983 et seq., 1985 et seq., 1981 and 1982 et seq.,18 U.S.C. 242., 241, to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1) through (214), directly as its total description was all joined, caused, and or is attributable to Defendants No. 2 Peoples State Bank of Commerce supporting Defendant No.1 Bank CEO Brenda Barnes unlawful actions to Plaintiffs First Cause of Action (Count 1) Conspiracy as though the same were fully set forth herein. 730. The Plaintiff declares here: The Plaintiffs Complaint against Brenda Barnes who is the (Bank CEO of the Corporation - Peoples State Bank of Commerce), is deemed synonymous in regard to Plaintiffs Complaint as where Bank CEO Brenda Barnes actions are described, she certainly is acting at all times herein described while in full legal capacity of her position & duty as Bank CEO for the Peoples State Bank of Commerce is violating Federal Banking Laws, Plaintiffs Contract Rights, Plaintiffs Property Rights, and Plaintiffs Constitutional Rights was acting under the authorities of and pursuant to and under Title 42
U.S.C. Statutes 1983 et seq., 1985 et seq., 1981 and 1982 et seq., and furthered by Title 18 U.S.C. Statutes 242., 241.

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731. Therein, all charges pertaining to and against Brenda Barnes also goes to the accountability- liability of Peoples State Bank of Commerce (one and the same), and as Respondent Superior, Peoples State Bank of Commerce is responsible for Bank CEO Brenda Barnes criminal felony actions to Banking Fraud, torts, civil contract violations, constitutional rights violations, property rights violations Brenda Barnes committed or performs while in this legal capacity as Bank CEO has been acting and representing the Peoples State Bank of Commerce against Plaintiff. So, it shall not be necessary to repeat these charges and Damages here. All charges or Counts plus Damages 1-18 against Bank CEO Brenda Barnes also apply equally to the Peoples State Bank of Commerce, joined in this Conspiracy. 732. So again, The Peoples State Bank of Commerces attorneys have equally been shown in Plaintiffs Complaint to be fully involved, with full knowledge and intent to protect-shield the Banks CEO Brenda Barnes from the Court or the public finding out about Brenda Barnes criminal felony crimes against Plaintiff and other Bank customers, also chose to continue against the Plaintiff to effect a cover-up joined to the very same conspiracy. The attorneys themselves are actively involved in Banking Fraud Conspiracy against Plaintiff. 733. Plaintiff DEMANDS full Due Process Discovery of Peoples State Bank of Commerce attorneys themselves and the Banks Board of Directors as they certainly appear to be actively engaged-directly involved with full intent and knowledge, have defrauded Plaintiff of her property already in evidence, are engaged in criminal BankingSecurities Fraud Felony Crimes committed against Plaintiff. 734. PLAINTIFF, therein was damaged as a result of Peoples State
Kirkland: 4:11-CV-3902 TMP 215 U.S.C. TITLE 42 1983, 1985 et seq.

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216

Bank of Commerce and their attorneys with full knowledge of the Banks Practice and Policy of Banking Fraud against Plaintiff, thereby the Banks attorneys have proved their intentional course of criminal conduct already shown in evidence to the Court, in full support to shield Bank CEO Brenda Barnes committing actions in Banking Fraud in a joined conspiracy causing extreme violations of Plaintiffs constitutional Rights, Contract Rights, Property Rights, intentional torts to a malicious prosecution, Plaintiff was therein damaged by physical arrest, to a false imprisonment, loss of liberty, loss of land, loss of car, loss of other property, made to suffer extreme financial loss, financial damage and hardship, physical pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, resulting in severe Duress and deprivation of society with her family as a result. 735. Therefore, Peoples State Bank of Commerce / Bank CEO Brenda Barnes joining in Conspiracy causing Plaintiff substantial contractual financial damage to a Breach of Contract, loss of land and enjoyment of property, causing false arrest-false imprisonment, loss of liberty, substantial constitutional Rights violations, under attack to a complete lack of Due Process, Equal Protection and substantial Torts all going against Plaintiff, using the Peoples State Bank Power, made fraudulent banking accusations against Plaintiff, utilizing Marshall Countys prosecuting Power, to the Court Judges, contacted County Sheriff Scott Walls, Sheriff Deputies & local Police of Grant utilized, Marshall County Prosecuting Attorney to the Alabama State Attorney Generals Power, Marshall County Political Power all on board the Train To Railroad Plaintiffs Caboose right off the track for good, way past

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216

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217

hope of a salvage yard, by Breach of Contract, Omission, concealment, suppression of evidence with Fraud, Perjury, going to a Malicious Prosecution with complete Abuse of Process, putting Plaintiff under the Jail, all in violation of and pursuant to U.S.C. Title 42 1983 et seq. 1981, 1982, Title 18 U.S.C. 242, 241 conspiracy, violations by and under 1985 Conspiracy. 736. PLAINTIFF DEMAND FOR DAMAGES AGAINST PEOPLES STATE BANK OF COMMERCE AND BANK CEO BRENDA BARNES Plaintiff incorporates herein by reference at all times relevant to this Complaint, Plaintiff demands Damages on Counts 1 & Count 2 herein against Peoples State Bank In addition Plaintiff recalls the total description of Damages demanded by Plaintiff against Brenda Barnes Bank CEO is also claimed against the Bank, is set out following Count 2 False Document Instrument Forgery against Bank, is applied here as though the same were fully set forth herein. PEOPLES STATE BANK OF COMMERCE COUNT 2. FALSE DOCUMENT-INSTRUMENT FORGERY 737. Plaintiff incorporates herein by reference at all times relevant, the conduct of Defendant was subject to 42 U.S.C. section 1983 et seq., 1985 et seq., 1981 et seq., 1982 and 18 U.S.C. 241 et.seq., 18 U.S.C. 242 et.seq., to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1) through (218), directly as its total description was mostly all joined, caused, and or is attributable
Kirkland: 4:11-CV-3902 TMP 217 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

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to Defendant No.2 Peoples State Bank of Commerce by Bank CEO Brenda Barnes unlawful actions to Plaintiffs Second Cause of Action against the Bank (Count 2) as though the same were fully set forth herein. 738. Plaintiff, by (2) separate occasioned Certified Mail Notices, did request Brenda Barnes as Bank CEO of Peoples State Bank of Commerce to produce the original Bank Mortgage Note and answer Plaintiffs questions to prove they were still the original lender or even a lender at all, and Brenda Barnes did not-could not- and refused to produce the original Note or answer Plaintiff. 739. Therein, Brenda Barnes knew Plaintiffs eyes were open becoming aware of Brenda Barnes Acts against Plaintiff that Brenda Barnes had already committed Banking Fraud against Plaintiff. 740. Peoples State Bank of Commerce has custody and control of only a copy of the original Mortgage Contract, and cannot produce the Original Note, a copy of the Mortgage Contract which is submitted in evidence to the Court by Plaintiff marked as Exhibit F-1, and then take Judicial Notice of Plaintiffs Plateau Insurance Coverage made through Peoples State Bank marked Exhibit G-2 and Exhibit G-3 and made a part hereof by reference as though fully set forth herein haec verba. 741. Therein, the Bank advertised they loan money. 742. Plaintiff applied for a Property Mortgage loan. 743. The Bank states they loaned money to Plaintiff as / under a socalled Mortgage Loan.
Kirkland: 4:11-CV-3902 TMP 218 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

219

744. The Bank under failure to make a full disclosure to Plaintiff further refused - Failed to loan legal tender or other depositors' money to fund the alleged Bank Loan Cheque. 745. The Bank misrepresented the elements of the alleged agreement to the (alleged borrower), Plaintiff. 746. There is no bona fide signature on the alleged promissory note. The promissory note is a forgery. 747. The promissory note with Plaintiffs name on it obligates me to pay approximately $130,000 plus interest, giving it value on the day of issue of $130,000 as it was sold to investors. 748. The Bank recorded the forged promissory note as a loan from Plaintiff to the Bank. 749. The Bank used this loan to fund the alleged bank loan cheque back to Plaintiff. 750. The Bank refused to loan Plaintiff legal tender or other depositors' money in the amount of $100,000 or repay the unauthorized loan it recorded from Plaintiff to the bank. 751. The Bank changed the cost and the risk of the alleged loan. 752. At all times the Bank operated without Plaintiffs knowledge, permission, authorization, or agreement. 753. The Bank denied Plaintiff full disclosure.
Kirkland: 4:11-CV-3902 TMP 219 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

220

754. The Bank denied Plaintiff equal protection under the law. 755. The Bank refused to disclose material facts of the alleged agreement, refusing to tell Plaintiff if the agreement was for Plaintiff to fund the alleged bank loan cheque or if the Bank is to use the Bank's legal tender or other depositors' money to fund the bank loan cheque. 756. The Bank refused to disclose whether the cheque was the consideration loaned for the alleged promissory note. 757. The Bank did not sign the contract. 758. The Bank made Plaintiff a depositor instead of a borrower. 759. By the Bank not fulfilling the contract by loaning legal tender to the Plaintiff, the Bank made Plaintiff (the alleged borrower), a depositor. This is a fraudulent conversion of the mortgage note. A Fraud is a felony. 760. Plaintiff has made all scheduled payments (Plaintiffs Paid cancelled Checks) are already submitted into evidence before the Court, still yet based upon the former practice corrupt (Bank Policy) Brenda Barnes claims through a third party, their attorney, using the records colorably in a non verified complaint, that an outstanding balance exists on the Promissory Note as if the bank provided consideration. 761. Due process was violated against Plaintiff when the Marshall County Court made so-called judgment in favor of the Bank upon the mere false claim Plaintiff had stopped making payments, (un-true).

Kirkland: 4:11-CV-3902 TMP

220

U.S.C. TITLE 42 1983, 1985 et seq.

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762. There is no verified complaint of injury to the Bank; thereby the strict foreclosure procedure was the result of the Court, imposing injury to the Plaintiff in an amount certain. Plaintiff believes the enforcement of this service is peonage. Absent a verified complaint of a damaged party, the Plaintiff having actually already repaid the principle of the original loan by this time, can not be held to peonage for the satisfaction of an imperfect defective fraudulent obligation, as the Plaintiff has Paid the Bank substantially over the so-called principle held in Fraud by the Bank just the same regardless. 763. In addition, again, Plaintiffs protective disability insurance through Plateau Insurance Company was disregarded by Brenda Barnes, omitted, concealed, suppressed evidence of this insurance hidden from the Court. 764. Adding insult to injury, Brenda Barnes realizing Plaintiff becoming aware of Barnes Banking Fraud against Plaintiff, further chose by the evidence now on Court Record, Brenda Barnes DID commit the Act of immediate forced foreclosure, malicious prosecution, to an abuse of process to effect a cover-up, Railroad and quickly silence Plaintiff. 765. PLAINTIFF, therein was damaged as a result of Peoples State Bank of Commerce Bank CEO Brenda Barnes committing the act of making a False Instrument Forgery against Plaintiff, furthered in a malicious prosecution joined to Conspiracy, Plaintiff was therein damaged by physical arrest, to a false imprisonment, loss of liberty, loss of land, loss of car, loss of other property, made to suffer extreme financial damage and hardship, physical pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, and deprivation of society with her family as a result.
Kirkland: 4:11-CV-3902 TMP 221 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

222

766. Therefore, Peoples State Bank of Commerce / Bank CEO Brenda Barnes did commit the Act in deceit and intentionally making a False Instrument Forgery against Plaintiff, acting in Fraud, then further to violate a Breach of Mortgage Contract, most all of the Plaintiffs entire Constitutional Bill of Rights, right to contract, property rights, all causing an outrageous intentional Abuse of Process against Plaintiff, a reckless disregard even with malice against Plaintiffs Rights pursuant to and under Title 42 U.S.C. 1983 et seq., 1981, 1982, 1985, Title 18 242, and 241. 777. As the Banks attorneys further deny and move against the truth to the oldest scheme throughout History, as is the changing of currency, Plaintiff simply asks you all do any of you remember or have even ever read about the moneychangers in the temple? They changed currency as a business. You would have to convert to Temple currency in order to buy an animal for sacrifice. The Temple Merchants made money by the exchange. The Bible calls it unjust weights and measures, and judges it to be an abomination. Jesus cleared the Temple of these abominations as shown supra. Amen. 778. PLAINTIFFS DEMAND FOR DAMAGES AGAINST PEOPLES STATE BANK OF COMMERCE

A. A written Contract, a Bank Property Mortgage was / is / still remains legally in effect, still at issue before the Court to be determined by Jury, as there is an agreement between the parties, Plaintiff and Defendants Brenda Barnes Bank CEO and Peoples State Bank of Commerce. The law recognizes a duty to perform stated agreements or promises written

Kirkland: 4:11-CV-3902 TMP

222

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in the contract, and allow recovery of damages for the lack or failure of specific performance of said agreements or promises. B. Therein, now considered a voidable Contract, on grounds the Bank induced a fraudulent omission committed against Plaintiff and failing to make good on promise of this insurance coverage and apply the insurance coverage accordingly, with further fraudulent omission, misrepresentation to the Marshall County Circuit Court, that insurance even existed, rather chose to induce the Court to wrongfully act-move against Plaintiff. C. Plaintiff may now rescind the Contract, for this Breach of Contract. Plaintiff asks the Court to Order Defendants, Brenda Barnes and Peoples State Bank of Commerce to execute a final Deed-Title to Property in dispute, to Plaintiff, (free & clear), where Defendants did agree, did issue a written, contracted Mortgage Agreement to sell Plaintiff the Property in dispute, has since refused to honor Plaintiff s legal contracted right to possess and enjoyment of Plaintiff s Property by committing an inexcusable Breach Of the Mortgage Contract by the Acts of Banking Fraud in a Criminal Conspiracy committed against Plaintiff. D. Further, Plaintiff holds a lawful Land Patent on the Property, and has done Re-conveyance that is not refuted-rebutted, which has not been in question throughout any court proceedings in the Marshall County Circuit Court. 779. PLAINTIFFS DEMAND FOR SPECIAL DAMAGES AGAINST PEOPLES STATE BANK OF COMMERCE

Kirkland: 4:11-CV-3902 TMP

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A. Plaintiff awarded a final Deed-Title to Land Property paid in full, (free & clear) of any further financial or physical land encumbrance by the Peoples State Bank of Commerce. B. The return of stolen car, Plaintiffs Corvette will be located & retrieved, and with full restored repairs to a restoration will be made on wear & tear and damages to the Plaintiffs 1998 White Chevrolet Corvette guaranteed trouble free of any and all interior-exterior wear and damages, all mechanical, all electrical systems, engine, drive-train, tires, wheels, suspension, steering, air conditioning, brakes, frame, or Body defect or breakdown for 3 full years following its return. C. Plaintiffs Marshall County Circuit Court Records of Judgments, Orders, and all proceedings in these entire matters EXPUNGED. D. Plaintiff awarded Declaratory Prospective Injunctive Relief Order from all Marshall County Court Judgments and proceedings. E. Permanent Injunction Protection from Christopher Duvall, Lorean Duvall, Ex-Grant Police Officer Chuck Van Etten. F. Permanent Injunction Protection from Grant Police Officers, Marshall County Sheriff Deputies, Sheriff Scott Walls from ever again coming near or on Plaintiffs Properties, bothering-contacting Plaintiff based on any matter within this Complaint. G. Expenses incurred by alternate transportation, fuel, tires, oil, mileage wear & tear, travel time, assisted helps time involved.

Kirkland: 4:11-CV-3902 TMP

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U.S.C. TITLE 42 1983, 1985 et seq.

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H. Rents paid for shelter away from home and any other aggravated costs or out of the ordinary expenses Plaintiff has incurred having to flee from her own Home for her safety. I. Property restitution of time away incurred by denial of enjoyment to Plaintiff own Home and personal property. J. Plaintiff demands all Medical Bills, payments made in full for all necessary Mental / Medical Trauma diagnosis, therapy, treatment, procedures, medicines, hospitalization and / or Doctors Bills, or any other costs known or unknown regarding the same to Plaintiffs care. K. Peoples State Bank of Commerce to be required under Court Order to pay the costs of removal and clean-up of any garbage to debris caused from any damages - destruction of Plaintiffs property. L. Peoples State Bank of Commerce to pay any balance or the costs of full restoration of or complete repairs to any thing, chattel, to the land, injury to animals, or other property caused to suffer any destructive damage done, to pay for all replacement costs to replace and install all property fences took by Larceny theft or damaged destroyed, the original survey re-conveyed, boundary line pin markers re-installed, with re-survey costs included, bushes, fill dirt, grass, plants, and all vegetation properly restored to such as the flowers, flower beds, vegetable garden, water fountains, holes, trenches filled, grass seeding, harmful air pollutants, chemicals, toxic soil removed. M. Both Defendants, Christopher Duvalls / Chuck Van Ettens unlawful land encroachments are null & void against Plaintiff, a Judgment for Plaintiff to Bill of Quiet Title is sought against both,
Kirkland: 4:11-CV-3902 TMP 225 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

226

as a Bank Property Mortgage Agreement, a written Contract, was / is / still remains legally in effect, still at issue before the Court to be now determined by Jury, as there is an agreement between the parties, Plaintiff and Brenda Barnes, Bank CEO and the Peoples State Bank of Commerce. The law recognizes a duty to perform stated agreements or promises written in the contract, and allow recovery of damages for the lack or failure of specific performance of said agreements or promises. N. Further, Plaintiff holds a lawful Land Patent on the Property, and Plaintiff has filed a Re-conveyance that is not refuted-rebutted, which has not been in question throughout any court proceedings in the Marshall County Circuit Court. O. Plaintiff claims the value of loss to enjoyment of her land, and to loss for disrupted plans for this land use to future profits. P. Plaintiff claims the measure of damages for the wrongful occupation of her property including to the preceding five years prior to the time of this commencement of Complaint action as the Court shall find. Q. Plaintiff claims the Cost of repair and restoration of the property to its original condition and; R. Plaintiff claims the costs she has incurred of recovering possession. 780. WHEREFORE, Plaintiff demands Judgment against the Defendants Peoples State Bank of Commerce - Brenda Barnes Bank CEO for Compensatory Damages in excess of ($350,000.00), Three

Kirkland: 4:11-CV-3902 TMP

226

U.S.C. TITLE 42 1983, 1985 et seq.

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227

Hundred and Fifty Thousand Dollars for costs of the original loan paid back with cumulated interest Plaintiff has paid for 18 years, Plaintiff further demands Judgment against the Defendant Peoples State Bank of Commerce / Bank CEO Brenda Barnes for Special Damages, Consequential Damages, Compensatory Damages as the Court shall find, Punitive Damages as the Court shall find, plus costs of these entire proceedings and interest, and for such other and further relief as the court deems appropriate, just and proper in the premises. 781. Consequential Damages: For Carolyn Sue Kirkland, has suffered severe increased duress, physical discomfort, mental pain & suffering away from familiar surroundings and assisted home equipment, devices, medical convenience of care. 782. Punitive Damages: The conduct of Defendant Peoples State Bank of Commerce (Board of Directors) in full support to effect a Banking Fraud, a Cover-up, shield & protect their Bank CEO Defendant Brenda Barnes from being found out discovered in her crimes committed against Plaintiff, is seen as so malicious, outrageous, intentional, offensive, willful and wanton and in complete disregard for the rights of Plaintiff, Plaintiff Demands Punitive Damages for (1/2 ) One Half of Brenda Barnes Net Worth, against assets and inheritance, plus all BankBusiness profits, salaries, commissions, bonus, profit sharing, profit from Stocks, Bonds, or any other entitlements Paid to Brenda Barnes for the next 8 years to be garnished by the Federal Court, and Plaintiff further demands (1/3) of Banks Net Worth Demanded as punishment.

___________________________________________________

Kirkland: 4:11-CV-3902 TMP

227

U.S.C. TITLE 42 1983, 1985 et seq.

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228

DEFENDANT NO. 3 CHRISTOPHER DUVALL 783. DEFENDANT 3. Christopher Duvall, is now, or was and at all times herein mentioned has been, a (non-owner occupant renter) and is a resident of the next door property to Plaintiff, County of Marshall, Town of Grant, State of Alabama. Address: 2854 Cathedral Caverns Highway, Grant, Alabama 35747. DEFENDANT 3. CHRISTOPHER DUVALL PLAINTIFFS DEMAND FOR ALL DAMAGES TO ALL FOLLOWING COUNTS 1-25 AGAINST CHRISTOPHER DUVALL Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff against Christopher Duvall, set out here before the beginning of COUNT 1 Private Nuisance against him is applied here as though the same were fully set forth herein in all Counts following 1-25 as set forth: 784. 785.
PLAINTIFFS DEMAND FOR SPECIAL DAMAGES AGAINST CHRISTOPHER DUVALL

1. Plaintiff demands all Medical Bills, payments made in full for all necessary Mental / Medical Trauma diagnosis, therapy, treatment, procedures, medicines, hospitalization and / or Doctors Bills, or any other costs known or unknown regarding the same to Plaintiffs care. 2. Permanent Injunction Relief Order, an agreement by the parties to a lifetime Restraining Order as a part or portion of remedy the Court will have in the authority to impose the parties agreed provision, to be
Kirkland: 4:11-CV-3902 TMP 228 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

229

enforced by the Court as part of any settlement, wherein Christopher & Lorean Duval must be Court Ordered to permanently move out of the next door house, never to return there for any reason ever again, nor occupy, rent or live anywhere else in close proximity near Plaintiff. To Wit: A.Permanent Injunction Court Order (Lifetime) against Christopher Duvall to (Stop) him from ever coming near or contacting Plaintiff ever again. B. Prevent Christopher Duvall from ever entering upon or near Plaintiffs properties ever again. C. Prevent Christopher Duvall from driving near or on any connecting road as to be driving by in view of Plaintiffs property. D. Prevent Christopher Duvall from coming near Plaintiff in public or private environments, where real threat of immediate violent danger to human life, health, property, exists, as damage or the threat of human life and damage is irreparable harm. E. To stop, remove, restrain, or restrict this nuisance Christopher Duvall, is the primary basis for this lawsuit, both for damages caused by this nuisance and for Permanent Order (Injunction) against continuing invasion of any more noxious activity, to his verbal (offensive) acts, to his displayed violent physical acts, threat to do bodily harm, use of vicious dogs, destruction, aggression, and all related conditions against Plaintiff. F. Christopher Duvall to be required under Court Order to pay the costs of removal and clean-up of any garbage to debris caused from his destruction of Plaintiffs property.
Kirkland: 4:11-CV-3902 TMP 229 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

230

G. Pay the costs of full restoration of or complete repairs to any thing, chattel, to the land, injury to animals, or other property he caused with destructive damage done. H. All dogs to be extracted-removed from the premises or belong to Christopher Duvall. I. Christopher Duvall to pay for all replacement costs to replace and install all property fences he took by Larceny theft or damaged destroyed. J. The original survey re-conveyed, boundary line pin markers reinstalled, with re-survey costs included. K. Bushes, fill dirt, grass, plants, and all vegetation properly restored to such as the flowers, flower beds, vegetable garden, water fountains, holes, trenches filled, grass seeding, harmful air pollutants, chemicals, toxic soil removed. L. Christopher Duvalls unlawful land encroachment is null & void against Plaintiff, a Judgment for Plaintiff to Bill of Quiet Title is sought, as a Bank Property Mortgage Agreement, a written Contract, was / is / still remains legally in effect, still at issue before the Court to be now determined, as there is an agreement between the parties, Plaintiff and Brenda Barnes, Bank CEO and the Peoples State Bank of Commerce. The law recognizes a duty to perform stated agreements or promises written in the contract, and allow recovery of damages for the lack or failure of specific performance of said agreements or promises. M. Further, Plaintiff holds a lawful Land Patent on the Property, that
Kirkland: 4:11-CV-3902 TMP 230 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

231

is not refuted-rebutted, which has not been in question throughout any court proceedings in the Marshall County Circuit Court. N. Plaintiffs Marshall County Circuit Court Records of Judgments, Orders, and all proceedings in these entire matters EXPUNGED. O. Plaintiff awarded Declaratory Prospective Injunctive Relief Order from all Marshall County Court Judgments and proceedings. P. Permanent Injunction Protection from Christopher Duvall, Lorean Duvall, Chuck Van Etten, Grant Police Officers, Marshall County Sheriff Deputies, Sheriff Scott Walls from ever again coming near or on Plaintiffs Properties, bothering-contacting Plaintiff based on any matter within this Complaint. Q. Expenses incurred by alternate transportation, fuel, tires, oil, mileage wear & tear, travel time, assisted helps time involved, R. Property rent paid away from home, and further, property restitution of time away incurred by denial of enjoyment to Home and personal property. S. Christopher and Lorean Duvall must permanently move out of the next door house, never to return for any reason ever again. T. Plaintiff claims the value of loss to enjoyment of her land, and to loss for disrupted plans for this land use to future profits.

Kirkland: 4:11-CV-3902 TMP

231

U.S.C. TITLE 42 1983, 1985 et seq.

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U. Plaintiff claims the measure of damages for the wrongful occupation of her property including to the preceding five years prior to the time of this commencement of Complaint action as the Court shall find. V. Plaintiff claims the Cost of repair and restoration of the property to its original condition and; W. Plaintiff claims the costs she has incurred of recovering possession. 786. Consequential Damages: For Carolyn Sue Kirkland, has suffered severe increased duress, physical discomfort, mental pain & suffering away from familiar surroundings and assisted home equipment, devices, medical convenience of care. WHEREFORE, Plaintiff demands Judgment against the Defendant Christopher Duvall for Special Damages, Consequential Damages, Compensatory Damages as the Court shall find, Punitive Damages as the Court shall find, plus costs of this proceeding and interest, and for such other and further relief as the court deems appropriate, just and proper in the premises. 787. Punitive Damages: The conduct of the Defendant Christopher Duvall is seen as so malicious, outrageous, intentional, offensive, willful and wanton and in complete disregard for the rights of Plaintiff, Plaintiff Demands Punitive Damages for (1/2 ) One Half of Christopher Duvalls net worth, to assets, inheritance, and Plaintiff further demands (1/2) of any Job or Business profits, salaries, commissions, bonuses, his net worth to be garnished by the Federal Court for the next (8) eight years demanded as punishment.
Kirkland: 4:11-CV-3902 TMP 232 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

233

CHRISTOPHER DUVALL COUNT 1. PRIVATE NUISANCE 788. Plaintiff incorporates herein by reference at all times relevant to this Complaint Defendant was acting under the authorities of and pursuant to and under 42 U.S.C. 1983 et seq., 1985 et seq., 1981 and 1982 et seq.,18 U.S.C. 242., 241, to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1) through (233), directly as its total description was all joined, caused, and or is attributable to Defendant No.3, Christopher Duvalls unlawful actions to Plaintiffs First Cause of Action against him (Count 1) as though the same were fully set forth herein. 789. Christopher Duvall, and his wife Lorean Duvall, about August of 2004, moved in to a neighbors property, located directly adjoining next door beside Plaintiffs property, the Duvalls address is at 2854 Cathedral Caverns Highway Grant, Alabama 35747. 790. Christopher Duvall is ONLY an OCCUPANT or Renter in the House next door to Plaintiff where (HE IS NOT THE PROPERTY OWNER). 791. Christopher Duvall all along, acts as though he somehow magically owns this next door property and portions of Plaintiffs property to dispute such things as lawful property boundary lines and such, where he has NO ownership, NO legal entitlement, NO proper legal Standing of any description to claim or dispute such matters.
Kirkland: 4:11-CV-3902 TMP 233 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

234

792. Plaintiff is the lawful property owner of her property ( NOT IN DISPUTE WITH BANK HERE) where Plaintiff owns this land and home free & clear of any Mortgage or any other encumbrance otherwise where she has lawfully maintained a Trust Deed with original survey performed under that Mortgage Contract, and now holds a lawful Land Patent on this property located at 3004 Cathedral Caverns Highway Grant, Alabama 35747. 793. The Plaintiff as landowner, is in rightful possession of her land, where she has the right to the unimpaired condition of the property and to reasonable enjoyment, comfort and convenience in its occupation. 794. Christopher Duvall began immediately right after moving in next door to Plaintiff in 2004, to bother Plaintiff on a daily basis with the constant excuse he was looking for his dogs on Plaintiffs property quickly then becoming a private nuisance in an every day interference to Plaintiff and with Plaintiff's enjoyment and use of her land. 795. Christopher Duvalls attention turned quickly into flirtations, innuendo, inappropriate comments, words, language, where the Plaintiff asked Christopher Duvall to stop. He continued to bother Plaintiff. 796. Christopher Duvall continued on into various circumstances of repeated harassments, Plaintiff rejecting him and ignored his advances. 797. Christopher Duvall became upset-angered that Plaintiff ignored him, Duvall began stepping up increased harassments to get back at the Plaintiff, going to continuous Trespass, Assaults.

Kirkland: 4:11-CV-3902 TMP

234

U.S.C. TITLE 42 1983, 1985 et seq.

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798. Christopher Duvall harbors several dogs that are known to have very certain aggressive behavior, and propensity to vicious attack. 799. Christopher Duvall lets his dogs loose to roam Plaintiffs property, that have no apparent tags, nor vaccinated, barking at Plaintiff, running her horses in Plaintiffs pasture, interfering-threatening Plaintiffs safety, health, and well being, the Plaintiff concerned to such as he is keeping possible infectious, diseased dogs. 800. Christopher Duvalls dogs often come around on Plaintiffs property where they are aggressive against Plaintiff. 801. Christopher Duvall and his wife Lorean would time to time stand at, sit on the Plaintiffs fence, watching and laughing at Plaintiff while Duvalls dogs barked at, follow and ran after plaintiff back inside her house. 802. Christopher Duvall who keeps-harbors several dogs, (5) five have been seen together at times, injury is a constant threatened condition Plaintiff is forced to live with. 803. Plaintiff was typically often obstructed from her work on her own property, having to stop and go inside for safety where Duvalls dogs will not leave Plaintiff alone. 804. Christopher Duvalls dogs are sometimes a nuisance at night where dogs bark all night keeping the Plaintiff awake disturbing the tranquility of rest and sleeping.

Kirkland: 4:11-CV-3902 TMP

235

U.S.C. TITLE 42 1983, 1985 et seq.

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805. On occasion, Christopher Duvalls dogs run and chase after Plaintiffs horses at night in the pasture. 806. Then injury did occur finally to one of Plaintiffs horses, a bite injury to the horses leg and swelling keeping the horse down for two weeks recovering. 807. Then injury actually occurred, to Plaintiffs mother where she was working on Plaintiffs property in a flower bed when Christopher Duvalls dogs attacked her, running her down, where she managed to get back inside the house just after a deep wound into her leg with profuse bleeding, infection set in and caused complications to her immune system Doctors were unable to clearly identify. 808. Christopher Duvall began unreasonable, unwarranted, unlawful encroachment of Plaintiffs property with events of physical damage occurring to Plaintiffs grass, bushes, flowers, flower beds destroyed, pouring soap into water fountains, chaining old car tires to fences, fence boards knocked completely out, garbage scattered over her yard, deep holes and trenches dug out in her yard, all this that substantially interferes with Plaintiffs enjoyment and use of her own property. 809. Christopher Duvall now claims- uses some (50) feet inside Plaintiffs property where he interfered with the placement and physical condition of Plaintiffs property boundary line survey pin markers pulled out of the ground, including destruction and theft of fences, land, and vegetation.

Kirkland: 4:11-CV-3902 TMP

236

U.S.C. TITLE 42 1983, 1985 et seq.

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810. Christopher Duvall runs or operates some Glass Repair or a business from this house he occupies without license authorizing this particular activity. 811. Christopher Duvall puts or continues to spray chemicals into the air outside, creating foul odors, fumes, noxious gases, smoke, dust, loud noises, are heard and seen blowing across and onto the plaintiffs land. 812. Plaintiff complaining to the Police does nothing, Police have actually told Plaintiff to move or get off her own property. 813. Christopher Duvall after learning of actual harm or substantial risk of future harm to the plaintiff's health concerns, interest, continued his intentional conduct to interference acting for the purpose of causing harm on purpose, interfering with the comfort, convenience, and health of Plaintiff. 814. Christopher Duvalls harmful conduct is intentional, shown from evidence, Plaintiffs witnesses, photographs, to the Court. 815. Duvalls conduct and interference has been strongly offensive, seriously annoying, to actual physical aggression, violent destruction to a wide variety of minor crimes that threaten the safety, health, morals, comfort, convenience, welfare, substantial interference with the Plaintiffs interest to Plaintiffs use and enjoyment of her land and property. 816. Damage has actually caused Plaintiff to be run off her own lawful property of which she cannot return to as Christopher Duvall is seen
Kirkland: 4:11-CV-3902 TMP 237 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

238

as a loose cannon, who will endanger, harm, or commit a violent physical act to the plaintiff. 817. PLAINTIFF, therein was damaged as a result of Christopher Duvall committing criminal actions and torts, to being a Personal Nuisance going into a shared joined conspiracy, then to a malicious prosecution, Plaintiff was therein damaged by physical arrest, to a false imprisonment, loss of liberty, loss of land, loss of car, loss of other property, Damages caused to property, made to suffer extreme financial damages and hardship, physical pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, and deprivation of society with her family as a result. 818. Therefore, Christopher Duvall DID violate most all of the Plaintiffs entire Constitutional Bill of Rights, right to contract, property rights, joining conspiratorial acts going to and causing a Breach of Mortgage Contract, all causing an outrageous intentional Abuse of Process against Plaintiff, a reckless disregard even with malice against Plaintiffs Rights pursuant to and under Title 42 U.S.C. 1983 et seq., 1981, 1982, 1985 Conspiracy, Title 18 242, and 241. 819.
PLAINTIFFS DEMAND FOR SPECIAL DAMAGES AGAINST CHRISTOPHER DUVALL

1. Plaintiff demands all Medical Bills, payments made in full for all necessary Mental / Medical Trauma diagnosis, therapy, treatment, procedures, medicines, hospitalization and / or Doctors Bills, or any other costs known or unknown regarding the same to Plaintiffs care.

Kirkland: 4:11-CV-3902 TMP

238

U.S.C. TITLE 42 1983, 1985 et seq.

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Donna Jo Kirkland Vs. Brenda Barnes et. al.

239

2. Permanent Injunction Relief Order, an agreement by the parties to a lifetime Restraining Order as a part or portion of remedy the Court will have in the authority to impose the parties agreed provision, to be enforced by the Court as part of any settlement, wherein Christopher & Lorean Duval must be Court Ordered to permanently move out of the next door house, never to return there for any reason ever again, nor occupy, rent or live anywhere else in close proximity near Plaintiff. To Wit: A.Permanent Injunction Court Order (Lifetime) against Christopher Duvall to (Stop) him from ever coming near or contacting Plaintiff ever again. B. Prevent Christopher Duvall from ever entering upon or near Plaintiffs properties ever again. C. Prevent Christopher Duvall from driving near or on any connecting road as to be driving by in view of Plaintiffs property. D. Prevent Christopher Duvall from coming near Plaintiff in public or private environments, where real threat of immediate violent danger to human life, health, property, exists, as damage or the threat of human life and damage is irreparable harm. E. To stop, remove, restrain, or restrict this nuisance Christopher Duvall, is the primary basis for this lawsuit, both for damages caused by this nuisance and for Permanent Order (Injunction) against continuing invasion of any more noxious activity, to his verbal (offensive) acts, to his displayed violent physical acts, threat to do bodily harm, use of vicious dogs, destruction, aggression, and all related conditions against Plaintiff.

Kirkland: 4:11-CV-3902 TMP

239

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

240

F. Christopher Duvall to be required under Court Order to pay the costs of removal and clean-up of any garbage to debris caused from his destruction of Plaintiffs property. G. Pay the costs of full restoration of or complete repairs to any thing, chattel, to the land, injury to animals, or other property he caused with destructive damage done. H. All dogs to be extracted-removed from the premises or belong to Christopher Duvall. I. Christopher Duvall to pay for all replacement costs to replace and install all property fences he took by Larceny theft or damaged destroyed. J. The original survey re-conveyed, boundary line pin markers reinstalled, with re-survey costs included. K. Bushes, fill dirt, grass, plants, and all vegetation properly restored to such as the flowers, flower beds, vegetable garden, water fountains, holes, trenches filled, grass seeding, harmful air pollutants, chemicals, toxic soil removed. L. Christopher Duvalls unlawful land encroachment is null & void against Plaintiff, a Judgment for Plaintiff to Bill of Quiet Title is sought, as a Bank Property Mortgage Agreement, a written Contract, was / is / still remains legally in effect, still at issue before the Court to be now determined, as there is an agreement between the parties, Plaintiff and Brenda Barnes, Bank CEO and the Peoples State Bank of Commerce. The law recognizes a duty to perform stated agreements or promises
Kirkland: 4:11-CV-3902 TMP 240 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

241

written in the contract, and allow recovery of damages for the lack or failure of specific performance of said agreements or promises. M. Further, Plaintiff holds a lawful Land Patent on the Property, that is not refuted-rebutted, which has not been in question throughout any court proceedings in the Marshall County Circuit Court. N. Plaintiffs Marshall County Circuit Court Records of Judgments, Orders, and all proceedings in these entire matters EXPUNGED. O. Plaintiff awarded Declaratory Prospective Injunctive Relief Order from all Marshall County Court Judgments and proceedings. P. Permanent Injunction Protection from Christopher Duvall, Lorean Duvall, Chuck Van Etten, Grant Police Officers, Marshall County Sheriff Deputies, Sheriff Scott Walls from ever again coming near or on Plaintiffs Properties, bothering-contacting Plaintiff based on any matter within this Complaint. Q. Expenses incurred by alternate transportation, fuel, tires, oil, mileage wear & tear, travel time, assisted helps time involved, R. Property rent paid away from home, and further, property restitution of time away incurred by denial of enjoyment to Home and personal property. S. Christopher and Lorean Duvall must permanently move out of the next door house, never to return for any reason ever again.

Kirkland: 4:11-CV-3902 TMP

241

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

242

T. Plaintiff claims the value of loss to enjoyment of her land, and to loss for disrupted plans for this land use to future profits. U. Plaintiff claims the measure of damages for the wrongful occupation of her property including to the preceding five years prior to the time of this commencement of Complaint action as the Court shall find. V. Plaintiff claims the Cost of repair and restoration of the property to its original condition and; W. Plaintiff claims the costs she has incurred of recovering possession. 820. Consequential Damages: For Carolyn Sue Kirkland, has suffered severe increased duress, physical discomfort, mental pain & suffering away from familiar surroundings and assisted home equipment, devices, medical convenience of care. WHEREFORE, Plaintiff demands Judgment against the Defendant Christopher Duvall for Special Damages, Consequential Damages, Compensatory Damages as the Court shall find, Punitive Damages as the Court shall find, plus costs of this proceeding and interest, and for such other and further relief as the court deems appropriate, just and proper in the premises. 821. Punitive Damages: The conduct of the Defendant Christopher Duvall is seen as so malicious, outrageous, intentional, offensive, willful and wanton and in complete disregard for the rights of Plaintiff, Plaintiff Demands Punitive Damages for (1/2 ) One Half of Christopher Duvalls net worth, to assets, inheritance, and Plaintiff further demands (1/2) of
Kirkland: 4:11-CV-3902 TMP 242 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

243

any Job or Business profits, salaries, commissions, bonuses, his net worth to be garnished by the Federal Court for the next (8) eight years demanded as punishment. CHRISTOPHER DUVALL COUNT 2. ASSAULT & BATTERY 822. Plaintiff incorporates herein by reference at all times relevant to this Complaint Defendant was acting under the authorities of and pursuant to and under 42 U.S.C. 1983 et seq., 1985 et seq., 1981 and 1982 et seq.,18 U.S.C. 242., 241, to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1) through (243), directly as its total description was all joined, caused, and or is attributable to Defendant No.3, Christopher Duvalls unlawful actions to Plaintiffs Second Cause of Action against him (Count 2) as though the same were fully set forth herein. 823. Christopher Duvall since the day he moved in has harassed Plaintiff verbally yelling at her to get her attention or worse on just about an every day basis. 824. Christopher Duvall starting with continued incidents-events of flirtations, then verbal harassments, arguments, going all the way to actual physical encroachment, trespass onto Plaintiffs own lawfully held land property. 825. Plaintiff refused all such advances made by Christopher Duvall,
Kirkland: 4:11-CV-3902 TMP 243 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

244

she had no interest in any extracurricular affairs, Plaintiff ignored and further rejected Defendants advances. 826. Rejected by Plaintiff, Christopher Duvall became more derogatory to verbal harassment, then came these false accusations of the property line boundaries. 827. Then angered by Plaintiffs denial- rejections, Christopher Duvall seriously stepped up with his annoying, alarming, verbal aggravated Assaults, began actually physical tortuous land encroachmentstrespasses, to physical destruction of Plaintiffs property. 828. Christopher Duvall joined to conspire in continual harassment setting up circumstances or events, falsified evidence and made false testimony to acquire portions of Plaintiffs land and property for himself to local Police and the Court. 829. Christopher Duvall has made credible verbal threats against Plaintiff with the intent and apparent ability to carry out the threats as photographic evidence shows submitted to the Court in evidence so as to cause the Plaintiff to substantially fear for her safety. 830. Christopher Duvall escalated into verbal derogatory abusive language, to outright yelling at the Plaintiff, often at close proximity to a few feet apart, and right in her face. 831. The day as Plaintiff was erecting her privacy fence with several other men contracted to install this fence, Christopher Duvall came up to them starting in with derogatory language at Plaintiff, then acting

Kirkland: 4:11-CV-3902 TMP

244

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

245

physically menacing, placing Plaintiff in fear of imminent serious bodily injury threat and while at the same time Christopher Duvall was kicking the fence sections around aggressively where it was stacked up to be installed, the next morning where Christopher Duvall had physically pulled down this cemented installed fence with his truck. 832. Christopher Duvall had then loaded Plaintiffs fence sections onto his own Trailer, stealing Plaintiffs fence by Grand Larceny Theft. 833. Another one of numerous serious incidents occurred to excite Plaintiff with an apprehension of bodily injury, where Christopher Duvall went riding with one of his friends in some Gator / Suzuki Off Road (4) Wheeler type of vehicle and went running back & forth over and across Plaintiffs yard digging up grass and dirt, as Plaintiff with camera in hand went to take a picture, the Driver even yelled Ill just run over the bitch, attempting to do so just missing Plaintiff, Christopher Duvall reached out to hit or grab Plaintiff, also missing. 834. Christopher Duvall, six months later got the idea to spin this (4) Wheeler incident around backwards using against Plaintiff, and filed a criminal charge against Plaintiff saying Plaintiff was the one who tried to run over his children with her truck. 835. Christopher Duvalls intentional children incident fabrication fraud to the Marshall County Court got Plaintiff falsely arrested, falsely imprisoned (Jailed), causing unlawful Battery where Christopher Duvall indirectly through his agents to his fraudulent defective Arrest Warrant, Sheriff Deputies DID physically manhandle Plaintiff injuring, causing pain to her left arm recovery from cancer surgery, was bent and twisted,

Kirkland: 4:11-CV-3902 TMP

245

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

246

held in locked handcuffs for a few hours, held in pain, wherein contact was neither lawful or privileged. 836. Therein, Christopher Duvall used this falsified lie Act committed or done with the full intention to bring about harmful actions in Court, going to offensive physical contact Arrest which in-fact DID cause physical pain and severe duress to Plaintiff. 837. Christopher Duvall DID make a criminal allegation against Plaintiff procured through or by Fraud to Upon the Court. This children incident is pure fabrication deceit to the Court, completely untrue Perjury. 838. Christopher Duvall from time to time came outside with his dogs turned loose to run down on Plaintiff, barking at her making her way back to her house while Christopher Duvall stood at the fence watching and laughing at the Plaintiff. 839. Christopher Duvall is seen committing continuous tortious assaults against Plaintiff where he engages in constant yelling at Plaintiff making verbal threats with actual various intentional physical acts of such a threatening nature, Plaintiff is in constant fear for her safety. 840. Christopher Duvall is often aggressively waving, swinging his arms while yelling at Plaintiff that is alarming where she feels an imminent act of violence is about to occur at any second. 841. Damage has actually caused Plaintiff to be run off her own lawful property of which she cannot return to as Christopher Duvall is seen as a loose cannon, who will endanger, harm, or commit a violent physical act to the plaintiff.
Kirkland: 4:11-CV-3902 TMP 246 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

247

842. PLAINTIFF, therein was damaged as a result of Christopher Duvall committing actions of Aggravated Assault & Battery, to being a Personal Nuisance going into a shared joined conspiracy, then to a malicious prosecution, Plaintiff was therein damaged by physical arrest, to a false imprisonment, loss of liberty, loss of land, loss of car, loss of other property, made to suffer extreme financial damage and hardship, physical pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, and deprivation of society with her family as a result. 843. Therefore, Christopher Duvall did Assault Plaintiff, furthered by his conspiratorial actions the direct cause of committing Battery against Plaintiff through his agents, to violate most all the Plaintiffs entire Constitutional Bill of Rights, right to contract, property rights, a Breach of Mortgage Contract, all causing an outrageous intentional malicious prosecution to Abuse of Process against Plaintiff, a reckless disregard even with malice against Plaintiffs Rights pursuant to and under Title 42 U.S.C. 1983 et seq., 1981, 1982, 1985, Title 18 242, and 241. PLAINTIFFS DEMAND FOR DAMAGES AGAINST CHRISTOPHER DUVALL Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff against Christopher Duvall, is set out just before the beginning of COUNT 1 Private Nuisance against him, is applied here as though the same were fully set forth herein. 844.

Kirkland: 4:11-CV-3902 TMP

247

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

248

CHRISTOPHER DUVALL COUNT 3 TRESPASS 845. Plaintiff incorporates herein by reference at all times relevant to this Complaint Defendant was acting under the authorities of and pursuant to and under 42 U.S.C. 1983 et seq., 1985 et seq., 1981 and 1982 et seq.,18 U.S.C. 242, 241 et seq., to all of the total allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1) through (248), directly as its total description was all joined, caused, and or is attributable to Defendant No.3, Christopher Duvalls unlawful actions to Plaintiffs Third Cause of Action against him (Count 3) as though the same were fully set forth herein. 846. Christopher Duvall moved in to the next door neighbors property as an OCCUPANT or Renter about August of 2004. 847. From that time 2004, Christopher Duvall immediately began to come around Plaintiff often on a daily basis with the excuse he was looking for his dogs at which time were a couple of small dogs indeed let loose to roam around Plaintiffs property. 848. These repeated continuous events quickly led to flirtations, innuendo, to more direct nasty words-language, then derogatory remarks, put-downs or comments, to outright yelling at Plaintiff. 849. Plaintiff demanded that Christopher Duvall stop his flirtations,

Kirkland: 4:11-CV-3902 TMP

248

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

249

as he was married, she was not interested in any such continued talk or his choice of language, to control his dogs, and stop bothering Plaintiff with the same continuous troublesome activity. Duvall did not stop. 850. As Plaintiff rejected these advances made by Christopher Duvall, Plaintiff repeated for him to Stop, and leave her alone. Duvall did not stop. 851. Plaintiff told Christopher Duvall he and his dogs were not welcomed and started locking her gate. 852. Christopher Duvall was getting upset to angry at Plaintiff rejecting and ignoring him, notes and objects were placed on her gate or thrown into her yard. 853. Christopher Duvall DID not take No for an answer, but rather stepped up-increased his activities going from bad to worse against Plaintiff. 854. Christopher Duvall during this time was friends with another neighbor, Chuck Van Etten, an Ex Police Officer of the Town of Grant, Alabama and began a dialogue of Chuck Van Ettens encroachment of Plaintiffs property, ideas or shared information to their dislike of Plaintiff as an easy target which is evidenced by their intentions committed against Plaintiff that is in full view to damage they committed on her property and to her in corresponding Court actions, photographs, and witnesses.

Kirkland: 4:11-CV-3902 TMP

249

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

250

855. And so began the conspiracy between these two neighbors, Christopher Duvall and Chuck Van Etten to employ their Police-Deputy friends to Police Misconduct aid & abeting, assisting in misfeasance to harassing Plaintiff, Plaintiff calling the Police, filed her Reports, the Police and Deputies ignoring the Plaintiff, rather instead protectingshielding Chuck Van Etten and Christopher Duvalls harassing activities- events against Plaintiff. 856. Therein, intrusions to trespass on Plaintiffs property has occurred ever since on a daily basis violating the legally owned, protected possessory interest of Plaintiff in the use and enjoyment of her property. 857. Christopher Duvall has been extreme in his aggressions to affirmative, repeated, continuous, non-stop intentional (ACTS ) causing harmful damaging destruction to the land, horses, Plaintiff, friends, family, Plaintiffs Mother substantially attacked by Duvalls dogs and injured, all abrupt intentional physical and violent intrusions subject to liability. 858. Christopher Duvall has committed intentional invasion to trespass on purpose to cause physical land and property damage, doing it with full knowledge intent that damage and harm to Plaintiff would result. 859. Christopher Duvall constantly yells derogatory to nasty language at Plaintiff, coming onto Plaintiffs property crossing over and across, or sometimes circles around inside back and forth, with (4) wheelers, a bicycle, a motorcycle, his truck, trailer, his lawnmower, or walking and standing on Plaintiffs property yelling, laughing, pointing at, waving to or swinging his arms around at Plaintiff.

Kirkland: 4:11-CV-3902 TMP

250

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

251

860. Christopher Duvall has constantly threatened Plaintiffs safety by releasing his dogs having an aggressive nature and demonstrating their propensity to actually attack animals and people, let loose to roam on Plaintiffs property. 861. Christopher Duvall has repeatedly destroyed, removed, stolen various sections of Plaintiffs property fences, bushes, grass, water fountains, flowers, flower beds, a vegetable garden by use of chemicals, poisons, oils, paint, bleach, air borne chemical pollutants. 862. Christopher Duvalls anger to willful destructive behavior has even extended to and committed vandalism aimed at yet another next door neighbors yard who helps, supports Plaintiff, causing, destroying, altering, and defacing property belonging to this other neighbor with the purpose of defacing; by man-made substances as spray painting, bleach, oils, paint, poisons, glue, toilet tissue rolled through the trees, used on the lawn, a vehicle, and the front of the house and porch areas, malicious trespass to damage property here as such. 863. Christopher Duvall in addition to his repeated verbal threats, harassment, with actual physical damages done, he further operates a business that uses chemicals, air pollutants that come across Plaintiffs property that causes foul odors, fumes, gases, airborne paint mist particulates, release of hazardous noxious gas-dust chemicals, molecules seen in the air that endangers the health, and safety of Plaintiff. 864. Plaintiff fearing for her safety, began feeding her horses, working on her property at night under cover of dark, so Christopher Duvall might not see or detect her, yet still having to duck out of sight where he comes around looking for her.
Kirkland: 4:11-CV-3902 TMP 251 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

252

865. Christopher Duvall clearly understands, knows very well with full intent as to what he is doing to the Plaintiff, with reasonable foreseeability that his acts constitute an act of constant trespass to harm Plaintiff, intruding intentionally on plaintiffs possessory interest against her emotional to mental well being knowing he causes her to fear for her safety, anguish in damage, destruction to her property, relishing in all this for years now knowing the Police and Deputies will not bother him, but shield him. 866. Christopher Duvall is a major interference against Plaintiff as shown with substantial evidence now in support that has been entered into the Federal Court record so far, more on the way behind this Complaint, and Plaintiffs witnesses to testify against Christopher Duvalls activities that prove Duvall continually obstructs the Plaintiff in the use and enjoyment of her land and property. 867. Christopher Duvalls constant physical entry upon Plaintiffs land is such a severe interference, with intentional malice, destructive purpose, purposely, willfully done that nobody should be forced to live under such circumstances, where in-fact Plaintiff could not remain but was driven off her property and cannot return because of definite risk and harm of being physically attacked, injured or worse. 868. PLAINTIFF, as the result of Christopher Duvalls Trespass with further credible threats to actual physical violent conduct, fraudulent Court action claims, in a joined conspiracy, therein Plaintiff was damaged as a result of Christopher Duvall committing actions in a fabricated fraudulent malicious prosecution already to the Marshall County Court, Plaintiff was therein damaged by physical arrest, to false imprisonment, damage to land, loss of liberty, loss of land, loss of other
Kirkland: 4:11-CV-3902 TMP 252 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

253

property, made to suffer extreme financial damage and hardship, physical pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, and deprivation of society with her family as a result, Plaintiff still currently remains under severe threat duress for her safety. Plaintiff cannot go home to her lawful property without probable injury. 869. Therefore, Christopher Duvall DID commit continuous Trespass, and DID further violate also joined in conspiracy with other Defendants, did effect or directly violate portions of the Plaintiffs Constitutional Bill of Rights, right to contract, property rights, a Breach of Mortgage Contract, all causing an outrageous intentional Abuse of Process-Malicious Prosecution against Plaintiff, a reckless disregard even with malice against Plaintiffs Rights pursuant to and under Title 42 U.S.C. 1983 et seq., 1981, 1982, 1985, Title 18 242, and 241. 870. PLAINTIFFS DEMAND FOR DAMAGES AGAINST CHRISTOPHER DUVALL Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff against Christopher Duvall, is set out just before the beginning of COUNT 1 Private Nuisance against him, is applied here as though the same were fully set forth herein. CHRISTOPHER DUVALL COUNT 4. CONSPIRACY 871. Plaintiff incorporates herein by reference at all times relevant to this Complaint Defendant was acting under the authorities of and
Kirkland: 4:11-CV-3902 TMP 253 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

254

pursuant to and under 42 U.S.C. 1983 et seq., 1985 Conspiracy et seq., 1981 and 1982 et seq.,18 U.S.C. 242., 241, to all of the total allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1) through (254), directly as its total description was all joined, caused, and or is attributable to Defendant No.3, Christopher Duvalls unlawful actions to Plaintiffs Fourth Cause of Action against him (Count 4) as though the same were fully set forth herein. 872. IN SUMMARY, A calculated plan was conceived from between a meeting of the minds by Christopher Duvall and Chuck Van Etten, resulting in a joined Conspiracy, both men interested in the Plaintiff herself wherein they are rejected, and both became interested in further acquiring portions of her lawfully owned land as clearly seen in Court records & evidence, cooked up circumstances to events occurring to harass Plaintiff, to get back at, or get even with Plaintiff for frivolous reasoning, eventually driving her off her own land in retaliation to their desire to acquire portions of her land for their own personal use. Along the way, Police and Sheriff, to Sheriff Deputies are utilized unlawfully with criminal intent, Brenda Barnes becomes directly involved, then the Court enters in, and political power of Marshall County all comes quick, pouring down on Plaintiff. 873. It all started where Defendants Christopher and Lorean Duvall and Chuck Van Etten, all moved in next door to two separate adjoining properties next to Plaintiffs Property a couple of months apart. 874. Plaintiff had already been first on her land from Birth.
Kirkland: 4:11-CV-3902 TMP 254 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

255

875. Chuck Van Etten is a former Police Officer of Grant, Alabama, purchased property next door, is a property owner. 876. Christopher & Lorean Duvall are ONLY occupants or Renters of another adjoining next door property and do not have legal Title or Deed, THEREFORE NO legal entitlement to encroach onto Plaintiffs land or make any claim to it, BUT DID. 877. The Duvalls operate a business out of that residential house without license, a glass repair shop operation contracted to repair vehicle windshields, glass repair for the Town of Grant Police Department and their Patrol Cars. 878. Thereby, both of these Defendants Christopher & Lorean Duvall and Chuck Van Etten, have a friendship, a direct working association and connections with local Police and Marshall County Sheriff Deputies. 879. Christopher and Lorean Duvall with Chuck Van Etten, utilizing these Officers in support of Defendants fabricated false claims-charges against Plaintiff, whereby Police-Deputies assisted doing favors for Defendants, joining into Defendants artifice, ruse and antics, to aiding & abetting these Defendants in these harassing endeavors. 880. Grant Police- Marshall County Sheriff Deputies all ignored Plaintiffs filed complaints. A witness heard a Police Officer say to others, what can they do to us, were the Police. Plaintiff was told to move away from her own home by Police? Witnesses will testify to this fact.

Kirkland: 4:11-CV-3902 TMP

255

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

256

881. Plaintiff was certainly set-up in combined Conspiracy, this set-up beginning with Defendants, Christopher Duvall and Lorean Duvall, Chuck Van Etten, conspiring to run Plaintiff off her own property, all Defendants verbally expressing there will to take away- gain land and property from Plaintiff. 882. Christopher Duvall and Chuck Van Etten both starting with continued incidents-events of flirtations, then verbal harassments, arguments, going all the way to actual physical encroachment, trespass onto Plaintiffs own lawfully held land property. 883. All during this time already, Christopher Duvall and Chuck Van Etten constantly came around and watched Plaintiff mow the grass and watch her work on her property, both had been and continued to make these flirtatious innuendos at her. 884. Plaintiff refused all such advances, had no interest in any extracurricular affairs, Plaintiff ignored and further rejected Defendants advances. 885. Rejected by Plaintiff, Defendant Christopher Duvall became more derogatory to verbal harassment, then came these false accusations of the property line boundaries. 886. Then angered by Plaintiffs denial- rejections, Christopher Duvall seriously stepped up with his annoying, alarming, verbal aggravated Assaults, began actually physical tortuous land encroachmentstrespasses, to physical destruction of Plaintiffs property.

Kirkland: 4:11-CV-3902 TMP

256

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

257

887. Defendants, the Duvalls, Etten, tormented or terrorized Plaintiff into duress and into mental anguish, fearing for herself and her sister Susies safety. 888. Christopher Duvall and Chuck Van Etten have displayed a pattern of conduct seen and now shown in evidence to the Court by documents and photographs, the means and continuous conduct composed of a series of acts over a period of several years non-stop evidencing a continuity of their harassing purpose. 889. Christopher and Lorean Duvall, Chuck Van Etten, have all made credible verbal threats against Plaintiff with the intent and apparent ability to carry out the threats as photographic evidence shows submitted to the Court in evidence so as to cause the Plaintiff to substantially fear for her safety. 890. And so Christopher & Lorean Duvall, Chuck Van Etten, joined to conspire in continual harassment setting up circumstances or events, falsified evidence and made false testimony to acquire portions of Plaintiffs land and property for themselves. 891. Christopher Duvall, Etten, and have temporarily achieved with running Plaintiff off her property for good to eventually profit in their own personal monetary gains, Plaintiff fled for safety from home, has now been gone for 9 months. 892. The Defendants engaged in a pattern of conduct the intent of which was to follow, alarm, and harass the Plaintiff. Stalking at times where both Christopher Duvall and Lorean Duvall have each separately at different times even followed the Plaintiff in her car watching where
Kirkland: 4:11-CV-3902 TMP 257 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

258

she goes and why. 893. As a result of this continuous pattern of conduct, the Plaintiff has reasonably feared for her safety and that of her sister Susie alone in their Home or anywhere else they may decide to travel. 894. Christopher Duvall has made the credible repeated threats with the intent to harm Plaintiff. 895. Plaintiff clearly and definitively demanded that the Defendant Christopher Duvall cease his harassments. 896. Christopher Duvall retaliated to a worse level of abuse. 897. Christopher and Lorean Duvall, Chuck Van Etten, has persisted in their continued harassing activities against Plaintiff never ending. 898. Chuck Van Etten created arguments to circumstances of absurd adverse possession based on an aerial photograph against Plaintiffs property boundaries, gaining a fraudulent judgment against Plaintiffs lawful Trust Deed falsifying the origin of boundary pins 1994 Survey. 899. Chuck Van Etten then began causing physical land encroachment, further began actual bulldozing, soil removal by a dozen plus Dump Truck loads of soil taken, destruction to a water spring and to its surrounding landscaping. 900. Christopher & Lorean Duvall instigated patterns of round the clock continuous harassment, against Plaintiffs lawful original Trust Deed

Kirkland: 4:11-CV-3902 TMP

258

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

259

Property Land Survey, following in Chuck Van Ettens footprints, Christopher Duvall began pulling-removing original boundary pins or markers to Plaintiffs Property. 901. Christopher and Lorean Duvall dug holes, removed and stole (2) separate privacy fences by theft, damage to one other pulling out vinyl rails in the fence. 902. One morning Plaintiff went to Home Depot. Christopher and Lorean Duvall saw me leave as they watch me all the time. So they went over on my land that I had worked so hard on the day before with a trailer, weed-eater, leaving trenches and hitting my shrubs and azaleas with the weedeater destroying them. 903. The police from Grant were called, Chief Allen Edmonds came, did nothing, as the Duvalls ran off the land when they came. I have two witnesses to this event. 904. Plaintiff decided to put up a privacy fence to stop this behavior. Me and Mom could not even enjoy our garden together, without being laughed at by the Duvalls where they would watch us. I hired 3 men to help me put up this privacy fence and while we were putting it up Christopher Duvall came, making derogatory remarks at me while standing there kicking fence sections. 905. The panels at the big tree were pulled out of the ground the next day. 906. I called the police at Grant and also tried to get help at Guntersville Sheriffs Office. No one came or helped me.
Kirkland: 4:11-CV-3902 TMP 259 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

260

907. My privacy fence was then removed, stolen. 908. My 1994 land survey boundary pins have been pulled up and moved. 909. My shrubs and azaleas have had round up sprayed on them, destroyed. 910. All during these times since Defendants Christopher & Lorean Duvall moved in next door, these individuals own or harbor various dogs. 911. The Duvalls dogs are not properly confined or otherwise controlled. 912. Christopher Duvall, who stood by and watched, laughing all the time saying, There ain't no leash law, we live in the country. 913. The Duvalls own or harbor as many as (5) five dogs have been seen at the their residence and then together coming onto Plaintiffs property at the same time creating havoc. 914. There has been the issue of constant threat from the Duvalls dogs, where these several dogs have shown the propensity of vicious and mischievous dogs. 915. Duvalls dogs are continuously let loose to run all over Plaintiffs property, a big red dog digging holes a foot and a half deep.

Kirkland: 4:11-CV-3902 TMP

260

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

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261

916. Duvalls other dogs dug up flower beds, a vegetable garden, and make defecations all around Plaintiffs property. 917. Duvalls dogs come down on Plaintiffs property running the horses, turning over my horses sweet feed and drinking their water. 918. Duvalls dogs are a constant tipping over garbage cans, dragging garbage all over the yard, have carried off shoes and other items loose on Plaintiffs porch. 919. Duvalls dogs bark at visitors, attacking several visitors, attacked Plaintiff. 920. Duvalls dogs chased Plaintiffs cat, would run at her horses which ended up injuring one of the horses legs healing for two weeks. 921. Duvalls dogs chased and attacked Plaintiff and her Mother that actually injured Plaintiffs Mother on the leg, where later she died with her Doctors attempting to identify a remaining infection from injury to her immune system causing complications to another medical condition that ended up with her loosing her life. 922. Police Reports were made from these events and continuously ignored. Why? 923. Christopher and Lorean Duvall knowingly owns or harbors dogs that they both know are of a vicious nature, have personal knowledge of the vicious nature of the dogs.

Kirkland: 4:11-CV-3902 TMP

261

U.S.C. TITLE 42 1983, 1985 et seq.

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924. Christopher and Lorean Duvall are seen as they stand and watch, always laughing, know that the dogs are accustomed to barking at and actually running down other animals, attacking, biting, animals and at other people. 925. Plaintiff has repeatedly called and made complaints to the local Grant Police, Marshall County Deputies, has made a substantial number of Police Reports and Affidavits. 926. Plaintiff specifically went and spoke in person to Marshall County Sheriff Scott Walls at the Sheriffs Office making her complaints known about Defendants actions directly to Scott Walls himself. All of this was ignored? Plaintiff was advised by Scott Walls to move away? Why? 927. Defendants Christopher & Lorean Duvall themselves also destroyed fixtures on Plaintiffs property, flowers, bushes, grass, a vegetable garden, water fountains vandalized. 928. Duvalls caused injury to, injuring horses with a six inch cut to one horses shoulder. 929. The Duvalls committed the defacing of another next door neighbor home and yard, a friend in support of Plaintiff, this next door neighbors home and yard was damaged from using chemicals, glue, bleach, toilet paper, oils, paint. 930. Plaintiff was threatened by Christopher Duvall, continually stalkedharassed with constant lewd verbal derogatory flirtations, nasty language, insults, to yelling in an outrage of cussing swinging his arms pointing making gestures at Plaintiff now for years and will not stop.
Kirkland: 4:11-CV-3902 TMP 262 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

263

931. Defendants Christopher & Lorean Duvall set-up Plaintiff by making up false accusations that Plaintiff ran over or attempted to run down their children with a truck, causing Plaintiff to be falsely arrestedfalsely charged, false imprisoned. 932. Plaintiff now suffers from the physical manhandling trauma from Police Arresting her. 933. Plaintiff is constantly looking over her shoulder causing severe emotional distress to sleeplessness. Plaintiff no longer feels secure in her own home. 934. Afraid and continually suffering threat with harassment by Defendants Stalking and threat of arrest, Plaintiff run off her own property and home, had to flee for her safety. 935. Plaintiff, no longer present at home, Defendants turned on her water line letting it run out on the land for days on end, creating a Water Bill and flooding, Bill from typically $25 a month to $ 560.00 for the month. 936. So around this time, Defendant Brenda Barnes, Bank CEO of Peoples State Bank of Commerce herein further, (Bank) has become aware of these events as Brenda Barnes herself is a nearby local neighbor and of which, Peoples State Bank is the Mortgage Lender to the one specific property of Plaintiffs held in dispute in these matters. 937. The Bank and Plaintiff currently have a Mortgage Contract also caused to come into dispute in the Marshall County Circuit Court based

Kirkland: 4:11-CV-3902 TMP

263

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

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264

on surrounding causation by Defendants Chuck Van Etten Christopher & Lorean Duvalls unlawful actions thus far. 938. Defendants Chuck Van Etten filed fraudulent adverse possession claim against Plaintiff by suppression of evidence to Plaintiffs Trust Deed. 939. Christopher and Lorean Duvall filed in a falsified soil erosion court action against Plaintiff, where they are not the legal property owners. 940. Brenda Barnes- Bank CEO files falsified court action to gain Plaintiffs property in a Fraud upon the Court in false Foreclosure by suppression, omission, concealment of evidence regarding Plaintiffs protective insurance on the Mortgage Contract. 941. Plaintiff then further harassed and prevented from coming to Court without arrest. 942. Plaintiff was unable to properly appear or defend these Court Actions, as Plaintiff locked up in jail at times, then fleeing for her safety to get help. 943. Plaintiff at other times where in the Court was hushed, ignoreddenied all Due Process, where the Judge shut her down in the Court from the start. 944. Marshall County Judges previously mentioned, yet allowed Defendants to continue, Defendants by Fraud, carried through perjured testimony, were successful gaining Court Judgments against Plaintiff.

Kirkland: 4:11-CV-3902 TMP

264

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

265

945. These Court Judgments, which came to the immediate attention of Brenda Barnes Bank CEO with legal interests in the land against Plaintiff. 946. Matters turned worse when Plaintiff under severe duress, fled to safety, sister Susie requiring cancer tissue removal surgery to her face, Plaintiff met extra financial burdens for Susie getting, acquiring the necessary medical attention, time away for Susie, momentarily causingbecame only a month late on a Mortgage payment. 947. Plaintiff, having a perfect 18 year unblemished banking record and loyal customer of Peoples State Bank of Commerce suffered immediate rush forced Foreclosure. 948. Plaintiff immediately able bringing Mortgage payments right back up paid in full and to Banks current normal monthly payment schedule as Plaintiffs Court submitted evidence shows by cancelled checks 949. Opened up a Pandoras Box of opportunity for Defendant Brenda Barnes to do her bidding for her own personal financial agenda to monetary gains under the guise of protecting the Bank. 950. Brenda Barnes DID have full knowledge of the other Defendants Chuck Van Etten-Christopher & Lorean Duvalls ongoing Conspiracy against Plaintiff in their own ongoing land-grab pursuit. 951. Brenda Barnes found the circumstances ripe, DID join the Conspiracy taking full control of Plaintiffs land in an abrupt, immediate unlawful forced Foreclosure by Fraud, Deceit, Omission, Concealment, Suppression of Evidence.
Kirkland: 4:11-CV-3902 TMP 265 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

266

952. Brenda Barnes committing a suppression of evidence then went further to cause Perjury, Breach of Contract, Breaking & Entering, Grand Larceny Theft, taking Plaintiffs land and car, going against Plaintiffs lawful contractual rights. 953. Brenda Barnes had full knowledge of the Mortgage Contract between Plaintiff and the Bank, as Brenda Barnes was the person responsible for writing up the Contract herself. 954. Brenda Barnes therein knowing Plaintiff had protective Disability and also Life Insurance Coverage purchased and placed in and on Mortgage Contract. 955. But, Brenda Barnes chose to further perjure herself to the Marshall County Circuit Court to gain a swift upper hand having full knowledge taking advantage based on actions already taken by Defendants Chuck Van Etten- Christopher & Lorean Duvall in their fraudulent Court Judgments against Plaintiff. 956. Brenda Barnes then caused the Court into and joined other combined actions furthered onslaught of a Malicious Prosecution, Abuse of Process using County Prosecution to benefit Brenda Barnes herself and a private bank corporation. 957. Brenda Barnes further using-causing Marshall Countys full political and court powers to come down extremely harsh on the completely innocent head of Plaintiff, making full defamatory political example out of this Plaintiff.

Kirkland: 4:11-CV-3902 TMP

266

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

267

958. Brenda Barnes successful, given a fraudulent Foreclosure judgment, thereby breaking & entering- stealing Plaintiffs White 1998 Chevrolet Corvette as collateral. 959. Defendant Chuck Van Etten at this time, is actually seen by several other witnesses driving Plaintiffs Corvette back & forth in front of Plaintiffs House, around town, and seen actually parked in Chuck Van Ettens own driveway. 960. Plaintiff was prevented, stopped, derailed completely by the Marshall County Circuit Court itself in even coming to Court by continuous use of fraudulent Arrest Warrants placed against Plaintiff, thereby preventing-keeping the Plaintiff away from the Court. 961. Plaintiff threatened repeatedly with arrest when you arrive at Court, its impossible to defend yourself when she was denied her Due Process, Equal Protection and simply derailed with blocked access to the Court period. 962. All Defendants in their part now did, in effect establish a cover-up of the Fraud, injury, and damages perpetrated against the Plaintiff, carried on into a massive Fraud Upon The Court, fabricated lies, perjured testimony to false fraudulent charges made, in a malicious prosecution to complete abuse of process achieved on the combined efforts of all Defendants. 963. All Defendants continued harassment involving Grant, Alabama Police Officers and Marshall County Sheriff Deputies in order to keep the Plaintiff arrested, locked up and or out of the Court, out of the way

Kirkland: 4:11-CV-3902 TMP

267

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

268

giving the Defendants full rein control over these matters before the Court, gaining ex-parte judgments with no Plaintiff even in the Court. 964. The Marshall County Circuit Court filing criminal felony to misdemeanor charges against Plaintiff, using Marshall County Prosecuting Attorney to the power of the State Attorney Generals Office to prosecute Plaintiff, yet failed to do it in front of a Jury. 965. Marshall County Court prevented Plaintiff further from all 5th & 14th Amendments Due Process-Equal Protection, failure to allow Counsel of her choice, no witnesses allowed, no cross-examination, no Presentment, no Indictment by Grand Jury, No signed Jury Form, no lawful-constitutional Standing Witness, No Signed Witness Affidavit, No lawful Arrest Warrant is / was not ever properly in place at any time then or now. 966. Plaintiff was not even in the Court over half of this time, not allowed access inside the court where these proceedings were taking place with complete Fraud Upon The Court by all Defendants, in a Malicious Prosecution Abuse of Process against the Plaintiff. 967. The Plaintiff has been substantially blocked-prevented from coming forward to the Marshall County District Court, and going further to prevent her from reaching this Federal Court. 968. Evidence will establish and now presented in this De Novo Complaint to the Federal Court, will show the Court Record Documents filed by Defendants and Marshall County Circuit Court Judicial Orders so far within and just by itself, in-fact even proves this corruption Conspiracy clearly in plain view on the Court Record itself.
Kirkland: 4:11-CV-3902 TMP 268 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

269

969. These Defendants have committed repeated constitutional Rights violations, Property and Contractual Breach and interference with Plaintiffs use and enjoyment of her property, with intentional Torts violations. 970. Marshall County Court causing, forcing Plaintiff to be subjected to two neighbor Defendants constant actions causing severe detrimental deprivation of Plaintiffs enjoyment of her land-property occurring to Plaintiff. 971. Marshall County Court and joined Defendants causing damage to Plaintiff, then further incurred by her sister following in Consequential Damages to physical and emotional injury harm, Carolyn Sue Kirkland, (Susie), (now a 65 year old female handicapped epileptic seizure patient remained in a child-like mind) (Donna Jo Kirkland is Susies full time care-giver and legal guardian). No regard to medical care treatment given to Susie in any event incurred. 972. Marshall County Court joined Defendants in Conspiracy then going against the Plaintiffs constitutional and statutory rights, then going to a deprivation of and violations to the same Plaintiffs contractual legal obligations, damage to and theft, conversion of land property and a car, in a joined Conspiracy with local community neighbor Defendant Brenda Barnes, Member of the Chamber of Commerce City of Grant, Alabama, and CEO of Peoples State Bank of Commerce, in the attempt to acquire a large (land-grab), run Plaintiff out of her own lawful Home, off her own property. 973. Plaintiff unable to return home without False Arrest, all of this

Kirkland: 4:11-CV-3902 TMP

269

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

270

has been committed and aided by local, County, and State Officials & persons acting with, for Marshall County, occurring in, under official color of state law in concert to a combined joined conspiracy. 974. For purpose of Declaratory Prospective Injunctive Relief Order, description includes the Dismissed Judges, Police Officers, Sheriff, Sheriff Deputies, City, County Attorneys, and correlated city employees or individuals, joined to this conspiracy. 975. Former Defendants, and each of them, were and are the agents, servants, associates, representatives, and/or employees of each of the other Defendants herein, and were at all times acting within the course and scope of such agency, representation and employment and with the permission and consent of each of said Defendants, joined in this conspiracy. 976. Plaintiff upon such information and belief alleges, that each of the Defendants inclusive, were, at all times herein mentioned, acting in concert with, and in Conspiracy with, each and every one of the remaining Defendants. Wherever appearing in this complaint, each and every reference to Defendants and to any of them, is intended to be and shall be a reference to all Defendants hereto, and to each of them, named and unnamed, unless said reference is otherwise specifically qualified. 977. PLAINTIFF, therein was damaged as a result of Christopher Duvall instigating and devising a plan of harassment committing actions to being a Personal Nuisance going into a shared joined conspiracy, then to a malicious prosecution, Plaintiff was therein damaged by physical arrest, to a false imprisonment, loss of liberty, loss of land, loss of car, loss of other property, made to suffer extreme financial damage and
Kirkland: 4:11-CV-3902 TMP 270 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

271

hardship, physical pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, and deprivation of society with her family as a result. 978. Therefore, Christopher Duvall did commit Conspiracy, violating most all of the Plaintiffs entire Constitutional Bill of Rights, right to contract, property rights, a Breach of Mortgage Contract, all causing an outrageous intentional Abuse of Process against Plaintiff, a reckless disregard even with malice against Plaintiffs Rights pursuant to and under Title 42 U.S.C. 1983 et seq., 1981, 1982, 1985, Title 18 242, and 241. 979. PLAINTIFFS DEMAND FOR DAMAGES AGAINST CHRISTOPHER DUVALL Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff against Christopher Duvall, is set out just before the beginning of COUNT 1 Private Nuisance against him, is applied here as though the same were fully set forth herein. CHRISTOPHER DUVALL COUNT 5. CIVIL STALKING 980. Plaintiff incorporates herein by reference at all times relevant to this Complaint Defendant was acting under the authorities of and pursuant to and under 42 U.S.C. 1983 et seq., 1985 et seq., 1981 and 1982 et seq.,18 U.S.C. 242., 241, to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General
Kirkland: 4:11-CV-3902 TMP 271 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

272

Facts For All Counts of Action description from Pages (1) through (272), directly as its total description was all joined, caused, and or is attributable to Defendant No.3, Christopher Duvalls unlawful actions to Plaintiffs Fifth Cause of Action against him (Count 5) as though the same were fully set forth herein. 981. Plaintiff incorporates herein by reference at all times relevant to this Complaint STALKING- Code of Ala. 13A-6-90, and AGGRAVATED
STALKING Code of Ala. 13A-6-91. HARASSMENT Code of Ala. 13A-11-8 (1)

(b), as though the same were fully set forth herein.

982. Christopher Duvall IS NOT the next door property owner. Christopher Duvall moved in next door to Plaintiffs property in about August of 2004 with his wife Lorean Duvall, as occupants or renters. 983.Christopher Duvall IS ONLY AN OCCUPANT, where he does not own or hold any lawful Title or Deed to this next door property, but acting out as if or though he does. 984. Christopher Duvall from 2004, quickly set out to flirt with Plaintiff, his advances rejected by Plaintiff, has aggressively engaged in a pattern of conduct intended to harass or alarm Plaintiff, for (8) eight years now. 985.Christopher Duvall has continuously maintained a series of acts over this entire (8) eight year period of time, in his continuity of purpose to harass Plaintiff, will not, or refuses to stop his harassing activities.

Kirkland: 4:11-CV-3902 TMP

272

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

273

986. Christopher Duvall is presently and especially now is considered potentially dangerous acting out with disturbing aggression against Plaintiff with a stalker's behavior. 987. Christopher Duvall constantly watches Plaintiff all the time while she is at home or working on her property, coming around Plaintiff, yelling at her all the time with verbal abusive language, innuendoes, insults, using cusswords. 988. Christopher Duvall and Lorean Duvall even bring their kids to sit or stand at Plaintiffs fence where they often watch, yell, make gestures, and laughing at Plaintiff working on her property repairing damage the Duvalls have caused, or even mowing her grass. 989. Plaintiff clearly and definitively demanded that Christopher Duvall cease his pattern of conduct and leave the Plaintiff alone. 990. Christopher Duvall persisted in his conduct after Plaintiffs demands that he cease his harassment. 991. Christopher Duvall rather-otherwise escalated his abusive activities into physical harmful aggression to vandalize, destroy, putting poisons into or on vegetation, grass, digs large holes and causes trenches in the lawn, destroys flower beds, bushes, plants, vegetable garden, put soap into the garden water fountains, chains-locks old car tires to Plaintiffs fence, has caused destruction to and complete theft of sections of property fences. 992. Christopher Duvall has escalated into vandalism to a neighbors yard who helps Plaintiff, Christopher Duvall destroyed vegetation, grass,
Kirkland: 4:11-CV-3902 TMP 273 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

274

trees, bushes, plants, and defacing of the House, porch, a parked vehicle, by use of graffiti, spray paints, glues, oils, bleach, toilet paper. 993. Christopher Duvall retaliating when Plaintiff called Police making Police Reports on him, Christopher Duvall insinuates with verbal threats to Plaintiff he will cause her actual physical harm. 994. Christopher Duvall has made credible threats made with the intent and apparent ability to carry out the threat so as to cause or to place Plaintiff in reasonable fear for her safety, as Christopher Duvall does contract work for the Town of Grant Police Department, therein has an association, friends or knowing local Police Officers and Marshall County Sheriff Deputies who befriend Defendant Christopher Duvall and have appeared to completely ignore any and all complaints made against Duvall. 995. Christopher Duvall made the statement in front of witnesses to County Commissioner R.E. Martin that Duvall wanted, was going to take (50) fifty feet of Plaintiffs property, demanding R.E. Martin to do the job and take property from the Plaintiff for Christopher Duvalls benefit. 996. Christopher Duvall, even his wife Lorean Duvall, both of them, have numerous times followed Plaintiff in their cars following behind Plaintiff to see where she goes from time to time. 997. Christopher Duvall and a friend of his were in a (4) four wheeled hunting vehicle, attempted to hit-run over Plaintiff, where witnesses heard Christopher Duvall yell out to his friend, Run over the Bitch.

Kirkland: 4:11-CV-3902 TMP

274

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

275

998. Christopher Duvall and Plaintiff in the Marshall County Court before Judge Tim Riley, Riley ordered a Restraining Order between the parties until the case was further heard. 999. Christopher Duvall violated that Restraining Order and still continued to approach Plaintive with verbal abuse, now six months later turned the (4) four wheeler incident around and made up a story, fabricated a false fraudulent claim that Plaintiff was the one who ran over Duvalls children with her Truck in retaliation against Plaintiff. 1000. Christopher Duvalls deceit-deceptive fraudulent alleged claim to the Court immediately caused Plaintiff to then suffer false arrest, false imprisonment in Marshall County Jail. 1001. As a result of Christopher Duvalls pattern of conduct, by witnesses who will testify, and evidence already submitted to the Court, Plaintiff reasonably and substantially fears for the safety of herself and her sister, (Susie) Carolyn Sue Kirkland. 1002. Christopher Duvall has clearly demonstrated that he is now considered dangerous, a loose cannon, to physically injure Plaintiff at this point, where he repeatedly annoys, torments, and terrorizes the Plaintiff, and which serves no legitimate purpose, the course of conduct such as would cause a reasonable person to suffer substantial emotional distress. 1003. Plaintiff has indeed suffered extreme irreparable harm, and will continue to be subjected to physical injury or worse if no action is taken against Christopher Duvall to stop him.

Kirkland: 4:11-CV-3902 TMP

275

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

276

1004. Even a Restraining Order, may not effectively abate Christopher Duvalls stalking conduct, leaving-making the Plaintiff a victim of a violent physical act with no alternative but to wait for a stalker to act in a more severe and dangerous manner to her detrimental demise. 1005. Plaintiff has physical and corroborating evidence (Photographs), Police Reports, Affidavits, and several witnesses who will testify to these events. 1006. PLAINTIFF, as the result of Christopher Duvalls credible threats to actual physical violent conduct, DOES commit Civil Stalking, furthered by fraudulent Court action conduct, in a joined conspiracy, therein Plaintiff was damaged as a result of Christopher Duvall committing actions in a fabricated fraudulent malicious prosecution already to the Marshall County Court, Plaintiff was therein damaged by physical arrest, to a false imprisonment, loss of liberty, damage to land, loss of land, loss of other property, made to suffer extreme financial damage and hardship, physical pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, and deprivation of society with her family as a result, Plaintiff still currently remains under severe threat duress for her safety. 1007. Therefore, Christopher Duvall Does Commit Civil Stalking, further going to a joined conspiracy with other Defendants, did effect or directly violate portions of the Plaintiffs Constitutional Bill of Rights, right to contract, property rights, a Breach of Mortgage Contract, all causing an outrageous intentional Abuse of ProcessMalicious Prosecution against Plaintiff, a reckless disregard even with

Kirkland: 4:11-CV-3902 TMP

276

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

277

malice against Plaintiffs Rights pursuant to and under Title 42 U.S.C. 1983 et seq., 1981, 1982, 1985, Title 18 242, and 241. PLAINTIFFS DEMAND FOR DAMAGES AGAINST CHRISTOPHER DUVALL Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff against Christopher Duvall, is set out just before the beginning of COUNT 1 Private Nuisance against him, is applied here as though the same were fully set forth herein. CHRISTOPHER DUVALL COUNT 6. STRICT LIABILITY IN TORT 1009. Plaintiff incorporates herein by reference at all times relevant to this Complaint Defendant was acting under the authorities of and pursuant to and under 42 U.S.C. 1983 et seq., 1985 et seq., 1981 and 1982 et seq.,18 U.S.C. 242., 241, to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1) through (278), directly as its total description was all joined, caused, and or is attributable to Defendant No.3, Christopher Duvalls unlawful actions to Plaintiffs Sixth Cause of Action against him (Count 6) as though the same were fully set forth herein. 1010. On-at numerous dates & times, voluminous, herein listed as Police Reports and Affidavits submitted into Court Record Evidence-Exhibits 1008.

Kirkland: 4:11-CV-3902 TMP

277

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

278

the Defendant was the owner of or harbored several to (5) five dogs seen continuously combined together roaming loose on Plaintiffs property. 1011. Christopher Duvall has full knowledge of his dogs aggressive nature and knows full well what his dogs do, as he and his wife Lorean Duvall are both seen standing together by other witnesses as they let their dogs loose, all the while laughing at Plaintiff as these dogs run down onto Plaintiffs property barking at Plaintiff, chasing her back into her House. 1012. One such incident, Plaintiffs Mother was working in a vegetable garden at-on Plaintiffs property when several of Defendant's dogs attacked barking, biting at her, chasing her down as she ran from them without provocation. 1013. These dogs have attacked Plaintiff and several other persons, visitors, mailman, before attacking the Plaintiffs Mother. 1014. Defendant knowingly owned or harbored several dogs that were of a vicious nature and that were accustomed to continuous barking, attacking, biting at, chasing other persons. 1015. These dogs attacked Plaintiffs Mother, causing her to suffer various physical and mental injuries, including but not limited to laceration to profuse bleeding of a large cut wound in her right leg shin. The injuries led to scarring, infection set in that did not dissipate, but progressed into causing complications to her immune system, a lameness, present and future pain, suffering, and mental anguish.

Kirkland: 4:11-CV-3902 TMP

278

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

279

1016. PLAINTIFF, is damaged as the result of Defendant Christopher Duvalls intentional Criminal Intent Use of Dogs he owns in violation of Strict Liability In Tort, with Duvall himself making credible threats to actual physical violent conduct against Plaintiff, going to fraudulent Court action claims, in a joined conspiracy, therein Plaintiff was damaged as a result of Christopher Duvall committing actions in a fabricated fraudulent malicious prosecution already to the Marshall County Court, Plaintiff was therein damaged by physical arrest, to a false imprisonment, loss of liberty, damage to land, loss of land, loss of other property, made to suffer extreme financial damage and hardship, physical pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, and deprivation of society with her family as a result, Plaintiff still currently remains under severe threat duress for her safety. 1017. Therefore, Christopher Duvall did violate Strict Liability In Tort against Plaintiff, also joined in conspiracy with other Defendants, did effect or directly violate portions of the Plaintiffs Constitutional Bill of Rights, right to contract, property rights, a Breach of Mortgage Contract, all causing an outrageous intentional Abuse of ProcessMalicious Prosecution against Plaintiff, a reckless disregard even with malice against Plaintiffs Rights pursuant to and under Title 42 U.S.C. 1983 et seq., 1981, 1982, 1985, Title 18 242, and 241. 1018. PLAINTIFFS DEMAND FOR DAMAGES AGAINST CHRISTOPHER DUVALL Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff against Christopher Duvall, is set out just before the beginning of COUNT 1 Private Nuisance against him, is applied here as though
Kirkland: 4:11-CV-3902 TMP 279 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

280

the same were fully set forth herein. CHRISTOPHER DUVALL COUNT 7. NEGLIGENCE WITH MALICE 1019. Plaintiff incorporates herein by reference at all times relevant to this Complaint Defendant was acting under the authorities of and pursuant to and under 42 U.S.C. 1983 et seq., 1985 et seq., 1981 and 1982 et seq.,18 U.S.C. 242., 241, to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1) through (280), directly as its total description was all joined, caused, and or is attributable to Defendant No.3, Christopher Duvalls unlawful actions to Plaintiffs Seventh Cause of Action against him (Count 7) as though the same were fully set forth herein. 1020. Christopher Duvall knew that these dogs had previously attacked at least one other person. 1021. Christopher Duvall knew that these dogs were likely to harm individuals unless properly confined or otherwise controlled. 1022. Christopher Duvall failed to exercise reasonable care to confine or otherwise control these dogs. 1023. These dogs attacked, barking, biting at, chasing after Plaintiffs Mother, causing her to suffer various physical and mental injuries, including but not limited to a laceration with profuse bleeding by a
Kirkland: 4:11-CV-3902 TMP 280 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

281

large cut wound in her right leg shin. The injuries led to scarring, infection set in that did not dissipate, but progressed into causing complications to her immune system, a lameness, present and future pain, suffering, and mental anguish. 1024. PLAINTIFF was damaged as the result of Christopher Duvalls Negligence With Malice, with further credible threats to actual physical violent conduct, fraudulent Court action claims, in a joined conspiracy, therein Plaintiff was damaged as a result of Christopher Duvall committing actions in a fabricated fraudulent malicious prosecution already to the Marshall County Court, Plaintiff was therein damaged by physical arrest, to false imprisonment, damage to land, loss of liberty, loss of land, loss of other property, made to suffer extreme financial damage and hardship, physical pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, and deprivation of society with her family as a result, Plaintiff still currently remains under severe threat duress for her safety. 1025. Therefore, Christopher Duvall DID commit Negligence With Malice, and DID further violate also joined in conspiracy with other Defendants, did effect or directly violate portions of the Plaintiffs Constitutional Bill of Rights, right to contract, property rights, a Breach of Mortgage Contract, all causing an outrageous intentional Abuse of Process-Malicious Prosecution against Plaintiff, a reckless disregard even with malice against Plaintiffs Rights pursuant to and under Title 42 U.S.C. 1983 et seq., 1981, 1982, 1985, Title 18 242, and 241. 1026. PLAINTIFFS DEMAND FOR DAMAGES
281 U.S.C. TITLE 42 1983, 1985 et seq.

Kirkland: 4:11-CV-3902 TMP

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

282

AGAINST CHRISTOPHER DUVALL Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff against Christopher Duvall, is set out just before the beginning of COUNT 1 Private Nuisance against him, is applied here as though the same were fully set forth herein. CHRISTOPHER DUVALL COUNT 8. GRAND LARCENY THEFT 1027. Plaintiff incorporates herein by reference at all times relevant to this Complaint Defendant was acting under the authorities of and pursuant to and under 42 U.S.C. 1983 et seq., 1985 et seq., 1981 and 1982 et seq.,18 U.S.C. 242., 241, to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1) through (283), directly as its total description was all joined, caused, and or is attributable to Defendant No.3, Christopher Duvalls unlawful actions to Plaintiffs Eighth Cause of Action (Count 8) as though the same were fully set forth herein. 1028. Christopher Duvall, is now, or was and at all times herein mentioned has been, a (non-owner occupant renter) and is a resident of the next door property to Plaintiff, County of Marshall, Town of Grant, State of Alabama. Address: 2854 Cathedral Caverns Highway, Grant, Alabama 35747.

Kirkland: 4:11-CV-3902 TMP

282

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

283

1029. In Christopher Duvalls efforts to harass Plaintiff, Duvall set out to take land property from Plaintiff as if he had some entitlement of law or right to do so, as though he were the owner of these properties and taking unlawful actions accordingly as described in other descriptions and Counts in this Complaint. 1030. Christopher Duvall watched Plaintiff as she was putting up a privacy fence, where she hired 3 men to install the fence lawfully on her side of the original survey property boundary line. 1031. Christopher Duvall walked up making derogatory remarks at Plaintiff threatening physical force to take down the fence, while physically kicking stacked fence sections. 1032. Plaintiff and her crew installed the fence hardened into concrete. 1033. Christopher Duvall, by stealth under cover of night DID pull down the fence apparently as tire tracks evidence suggesting with his truck, exercising unlawful control of the fence, accomplished by threat and force. 1034. Christopher Duvall DID unlawfully take the fence onto his property driveway loaded up on a utility type trailer. 1035. Christopher Duvall DID commit Trespass, to seize Plaintiffs fence property against the law, with Grand Larceny Theft. 1036. Christopher Duvall in trespassory force manner without the consent of the Plaintiff, DID unlawfully enter onto Plaintiffs property.

Kirkland: 4:11-CV-3902 TMP

283

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

284

1037. Christopher Duvall DID effect-cause criminal felony Trespass against Plaintiff onto her property committing the taking of Plaintiffs fence in complete trespassory possession- physical control by force. 1038. Christopher Duvall DID unlawfully load up Plaintiffs fence on his own utility trailer, taking the fence property away from Plaintiff, DID drive- haul away Plaintiffs fence. 1039. Christopher Duvall DID intentionally deprive Plaintiff (still the rightful owner), of her possession to her privacy fence permanently, as Christopher Duvall knowing he had no legal right to remove or take Plaintiffs fence, and that it did not belong to him, under the law, nor does he have any legal property entitlement to make any such claim. 1040. Christopher Duvall knew Plaintiffs fence had some economic market value of the property at the time and place of his crime, $1,000.00 one thousand dollars in value, possibly sold to a salvage buyer. 1041. Christopher Duvall DID effect-cause the intentional direct taking of Plaintiffs property accomplished by the completed criminal felony act of Grand Larceny theft exercising unlawful control by force. 1042. PLAINTIFF, therein was damaged as a result of Christopher Duvall committing Grand Larceny theft, committing actions in a conspiracy causing extreme violations of the Plaintiffs constitutional Rights, Contract Rights, Property Rights, intentional torts to a malicious prosecution, Plaintiff was therein damaged by physical arrest, to false imprisonment, loss of land, loss of car, loss of other property, made to suffer extreme financial loss, financial damage and hardship, physical
Kirkland: 4:11-CV-3902 TMP 284 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

285

pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, resulting in severe Duress and deprivation of society with her family as a result. 1043. Therefore, Christopher Duvall DID commit Grand Larceny Theft, joined in Conspiracy causing Plaintiff substantial contractual financial damage to a Breach of Contract, loss of land and enjoyment of property, causing false arrest-false imprisonment, substantial constitutional Rights violations, under attack to a complete lack of Due Process, Equal Protection and substantial Torts all going against Plaintiff, using the Peoples State Bank Power, made fraudulent banking accusations against Plaintiff, utilizing Marshall Countys prosecuting Power, to the Court Judges, contacted County Sheriff Scott Walls, Sheriff Deputies & local Police of Grant utilized, Marshall County Prosecuting Attorney to the Alabama State Attorney Generals Power, Marshall County Political Power, omissions, concealment, suppression of evidence with Fraud, Perjury, going to a Malicious Prosecution with complete Abuse of Process, putting Plaintiff under the Jail, all in violation of and pursuant to U.S.C. Title 42 1983 et seq. 1981, 1982, Title 18 U.S.C. 242, 241 conspiracy, violations by and under 1985 Conspiracy. 1044. PLAINTIFFS DEMAND FOR DAMAGES AGAINST CHRISTOPHER DUVALL Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff against Christopher Duvall, is set out just before the beginning of COUNT 1 Private Nuisance against him, is applied here as though the same were fully set forth herein.

Kirkland: 4:11-CV-3902 TMP

285

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

286

CHRISTOPHER DUVALL COUNT 9. VIOLATION OF CONSTITUTIONAL RIGHTS TITLE 42 U.S.C. 1983 1045. Plaintiff incorporates herein by reference at all times relevant, the conduct of all Defendant was subject to 42 U.S.C. section 1983 et seq., 1985 et seq., 1981 et seq., 1982 and 18 U.S.C. 241 et.seq., 18 U.S.C. 242 et.seq., to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1) through (286), directly as its total description was mostly all joined, caused, and or is attributable to Defendant No.3, Christopher Duvalls unlawful actions to Plaintiffs Ninth Cause of Action (Count 9) as though the same were fully set forth herein. 1046. Christopher Duvall DID file to and approach the Marshall County Court with a falsified-fabricated, fraudulent criminal charge claim against Plaintiff, stating that Plaintiff had attempted to run down the Duvalls children with her truck, which is completely untrue and a false lie. 1047. Christopher Duvall, by lying in deceit to the Court, DID defraud Plaintiff of her constitutional rights, further misleading the Court. 1048. Christopher Duvall knows, has friends, business associations or connections with the local Police, and Sheriff Deputies he is able
Kirkland: 4:11-CV-3902 TMP 286 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

287

to utilize to shield-protect Duvall, where they aid & abet, assisting Christopher Duvall in harassment and cover-up of his unlawful actions against Plaintiff. 1049. Plaintiff filed a Complaint, and a lien against Christopher Duvall to protect Plaintiffs interests, her constitutional rights, contract rights, property rights, to stop Duvalls unlawful actions. 1050. The Marshall County Judge Howard Hawk files a fraudulent defective criminal charge Judgment against Plaintiff for liens filed against certain Defendants. 1051. Christopher Duvall then filed another criminal charge against Plaintiff for filing a lien against him and effectively causing a Marshall County Court Clerk in violation of Alabama Code 15-7 -4, to then issue a fraudulent defective Arrest Warrant for Duvall against Plaintiff where Plaintiff was arrested and Jailed. 1052. Therein, Christopher Duvall was also joined in a Conspiracy that has become a calculated plan or scheme combined to effect a cover-up of all the Defendants overt acts -direct crimes from beginning harassments to Fraud to Banking Fraud by Brenda Barnes committed against Plaintiff. 1053. Christopher Duvall, now liable to making (2) false allegations resulting in (2) false fraudulent defective Arrest Warrants working in violation of Plaintiffs constitutional Rights Due Process against Plaintiff. 1054. Therein, the Marshall County Circuit Court effectively denied
Kirkland: 4:11-CV-3902 TMP 287 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

288

all of Plaintiffs 14th and 5th Amendments of Due Process as easily seen on the face of the Court Record. 1055. Plaintiffs Bill Of Rights have been violated with violations of the: First, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Thirteenth, and Fourteenth Amendments, and with (Due Process Clauses) (Equal Protection Clauses) the Fifth & The Fourteenth, Pursuant to, under: 42 U.S.C. 1983 et seq., 1985 et seq., 1981 et seq., 1982 and TITLE 18 U.S.C. 242, 18 241, (Including Intentional Tort Counts) combined in joined Conspiracy. 1056. Section 1983 reads as follows: Every person who under color of any statute, ordinance, regulation, custom, or usage, of any state or territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof 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 1057. Christopher Duvall and all Defendants committed constitutional violations against Plaintiffs Rights under color of state law, by use of personal friendship favors, associations, Fraud, omissions, concealments, suppression of evidence, in combined joined conspiracy utilizing their city, county agents, Police Officers, Sheriff Deputies, County prosecution, single-handed judges, that effectively denied Plaintiff of All Due Process.
Kirkland: 4:11-CV-3902 TMP 288 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

289

1058. Plaintiff claims that all Defendants, the (5) remaining named to this Complaint DID commit numerous varied constitutional violations against Plaintiff by violating Plaintiffs 14th and 5th Amendments Due Process against Article VI [2][3] U.S. Constitution. 1059. Christopher Duvall as he is joined in Conspiracy to / with Brenda Barnes and the financial power of Peoples State bank of Commerce, effectively kept Plaintiff out of the courtroom denying Plaintiff 14th Amendment Rights to Due Process, Equal Protection, equal access to the Court going to severe constitutional Rights violations of the 1st, 4th, 5th, 6th, 7th, 8th, 9th, 11th,13th, 14th, Amendments. 1060. Christopher Duvall therein in extreme violation of Plaintiffs constitutional Rights, severely and effectively stripped Plaintiff of: 1st Amendment Redress, to access of the Court denied. 1st, Speech, to speak in her defense. 1st, Association, to counsel of choice. 4th Amendment No probable Cause of a crime committed to grounds to warrant Arrest and Imprisonment against Plaintiff. th 4 , Unreasonable seizure of Plaintiff and her property taken to Jail. 4th, Unreasonable seizure of Plaintiffs land, and a Chevrolet Corvette taken. 5th Amendment Deprived of liberty without due process. 5th, Deprived of Due Process. th 5 , Deprived of property without due process. th 5 , Deprived of property without just compensation.
Kirkland: 4:11-CV-3902 TMP 289 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

290

5th, __________ No Presentment, No Indictment of Grand Jury where Plaintiff was criminally charged by Chris Duvall. 5th, __________ Plaintiff was compelled in Jail by physical force, physical threat of harm, coerced to sign waiver or release papers as to testify-witness against herself. th 6 Amendment In all criminal prosecutions, shall be by Jury, BUT there was no Jury, Plaintiff was not convicted by Jury Verdict. th 6 , Guarantees absolute Jury Trial to Plaintiff, and supported by Article III Section 2 [3] The Trial of all crimes (shall be) by Jury. th 6 , Plaintiff was not informed of the (nature). th 6 , Plaintiff not in the courtroom, was not allowed to confront-cross-examine prosecution witnesses. th 6 , Plaintiff not allowed to call her witnesses. th 6 , Plaintiff did not have assistance of choice counsel. 6th, __________ Plaintiff, instead of a jury trial, she received or was subjected to experience partiality, preconception, in a prejudiced Court, using City, County, Prosecutors and witnesses to the State Attorney Generals Office, in a criminal prosecution all without jury or trial. 7th Amendment In Civil matters, Jury (shall be) preserved, meaning mandatory by law, judge having no discretion to do otherwise under the law, Article VI [2][3]. th 7 , __________ Simple proof to mandatory Jury, the following words further state and no fact tried by jury, (shall be) otherwise re-examined in any court meaning the judge cant hear the case before himself to begin with, and further cannot over-turn a verdict by jury.
Kirkland: 4:11-CV-3902 TMP 290 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

291

8th Amendment Plaintiff suffered-endured (4) four false arrests and (4) four false imprisonments during this time period of Court proceedings that goes to Summary Judgment punishment without due process or trial, a cruel and unusual punishment without lawful conviction. 8th, __________ Plaintiff suffered-endures financial hardship due to excessive bails, (not uniform) substantial dollar increases in varied amounts to same charge incurred. 9th Amendment The enumeration in the Constitution, of certain rights, (shall not be construed) to deny or disparage other rights retained by Plaintiff to contract and all content rights of Article I Section 10 [1], file her Complaints against Defendants accordingly. 13th Amendment Plaintiff forced into incarcerated bondage, Jail time served without any lawful constitutional conviction by a Jury Verdict, involuntary servitude. 14th Amendment- Plaintiff deprived of her liberty without a lawful jury verdict conviction. th 14 , Deprived of all Due Process. 14th, Deprived of Equal Protection. th 14 , Deprived of land and other property without due process. 14th, __________ Marshall County State Court enforced laws which did abridge the privileges and immunities of Plaintiff, a biased prejudiced tribunal, the 14th Amendment, Section [3] forbids judges to act in insurrection
Kirkland: 4:11-CV-3902 TMP 291 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

292

against litigants, against the supreme law and controlling mandatory authority of Article VI [2][3], also held in Article III Sect. 3 [1]. 1061. Christopher Duvall in retaliation, furthered by his own overt acts already in evidence to committing-joining in a land-grab Conspiracy, Fraud, Fraud Upon the Court, Perjury, to giving falsified fraudulent testimony to the Court to false claims, did effect and subjected the Plaintiff to an Abuse of Process in the Marshall County Circuit Court. 1062. DISMISSED But discussed briefly here as their actions demand Plaintiff receive Declaratory Prospective Injunctive Relief Order as justice requires to this 1983 Complaint, the Judges, Grant Police Officers, Marshall County Sheriff Scott Walls, Sheriff Deputies, and each one of them in there own respective capacities did join, instigate and / or effect a Conspiracy against Plaintiff, and as direct and proximate cause of their concerted unlawful, conspiratorial, malicious prosecution, taking actions which have the purpose and / or effect of continuing their process to deprive Plaintiff of her constitutional Rights under the U.S. Constitution, statutes, and laws of the United States, in a retaliation cover-up of the unlawful unconstitutional nature of their Marshall County Court. 1063. Plaintiff unable to return home without False Arrest, all of this has been committed and aided by local, County, and State Officials & persons, including the Courts Judges, Clerks, Police, and Sheriff Scott Walls and his Sheriff Deputies acting with, for Marshall County, occurring in, under official color of state law in concert to a combined joined conspiracy.

Kirkland: 4:11-CV-3902 TMP

292

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

293

1064. Former Defendants, and each of them, were and are the agents, servants, associates, representatives, and/or employees of each of the other Defendants herein, and were at all times acting within the course and scope of such agency, representation and employment and with the permission and consent of each of said Defendants. 1065. Plaintiff upon such information and belief alleges, that each of the Defendants inclusive, were, at all times herein mentioned, acting in concert with, and in Conspiracy with, each and every one of the remaining Defendants. 1066. Wherever appearing in this complaint, each and every reference to Defendants and to any of them, is intended to be and shall be a reference to all Defendants hereto, and to each of them, named and unnamed, unless said reference is otherwise specifically qualified. 1067. The Court protects shields their judges, Police Officers or Deputies above the law from claims, yet causing damages to Plaintiff, where Plaintiff continues to suffer from irreparable and immediate injury, hardship and harm from a fraudulent defective Arrest Warrant currently outstanding. 1068. At all times relevant to this Complaint, DISMISSED Judges, Police Deputies were acting under the Authorities of the City Corporation charters of Town of Grant, Alabama Charter, Guntersville, Alabama, Charter, the County Corporation Charter of Marshall County, Alabama, acting under color of State law and pursuant to official City County Policy or custom, policies, procedures, practices and acts alleged as set forth herein, were undertaken, aided, authorized, supervised or consented to by each Defendants state of mind, with intentional malice,
Kirkland: 4:11-CV-3902 TMP 293 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

294

design to violate, and with deliberate indifference to and reckless disregard, conspiring to violate the rights, privileges and immunities guaranteed to Plaintiff, the First, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Thirteenth, Fourteenth Amendments, the Due Process and Equal Protection Clauses of the Fifth & Fourteenth Amendments by the Constitution of the United States, and protected further pursuant to 42 U.S.C. 1983 et seq., 42 U.S.C. 1985 et seq., 42 U.S.C. 1981 et seq., 1982 and Title 18 U.S.C. 241 et seq. and 18 242 et seq. 1069. PLAINTIFF, therein was damaged as a result of Christopher Duvall committing direct tort actions in a conspiracy causing extreme violations of the Plaintiffs constitutional Rights, Contract Rights, Property Rights, intentional torts to a malicious prosecution, Plaintiff was therein damaged by physical arrest, to a false imprisonment, loss of her liberty, loss of land, loss of car, loss of other property, made to suffer extreme financial loss, financial damage and hardship, physical pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, resulting in severe Duress and deprivation of society with her family as a result. 1070. Therefore, Christopher Duvall causing severe violations of Plaintiffs constitutional Rights pursuant to 42 U.S.C. 1983 and a further Conspiracy Against Rights in violation of the U.S. Constitution and Federal Statute 18 U.S.C. 241 conspiracy, 18 U.S.C. 242 Deprivation of Rights against Plaintiff, joining in Title 42 U.S.C. 1985 et seq., Conspiracy causing Plaintiff substantial violations of Plaintiffs Constitutional Rights, substantial contractual financial damage to a Breach of Contract, loss of land and enjoyment of property, causing false arrest-false imprisonment, loss of liberty, under attack to
Kirkland: 4:11-CV-3902 TMP 294 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

295

a complete lack of Due Process, Equal Protection and substantial Torts all going against Plaintiff, using the Peoples State Bank Power, made fraudulent banking accusations against Plaintiff, utilizing Marshall Countys prosecuting Power, to the Court Judges, contacted County Sheriff Scott Walls, Sheriff Deputies & local Police of Grant utilized, Marshall County Prosecuting Attorney to the Alabama State Attorney Generals Power, Marshall County Political Power by Breach of Contracts, Omissions, concealments, suppression of evidence with Fraud, Perjury, going to a Malicious Prosecution with complete Abuse of Process, putting Plaintiff under the Jail, all in violation of and pursuant to U.S.C. Title 42 1983 et seq., 1981, 1982, Title 18 U.S.C. 242, 241 conspiracy, violations by and under 42 U.S.C. 1985 Conspiracy. 1071. PLAINTIFFS DEMAND FOR DAMAGES AGAINST CHRISTOPHER DUVALL Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff against Christopher Duvall, is set out just before the beginning of COUNT 1 Private Nuisance against him, is applied here as though the same were fully set forth herein. CHRISTOPHER DUVALL COUNT 10. DEPRIVATION OF RIGHTS TITLE 18 U.S.C 242 1072. Plaintiff incorporates herein by reference at all times relevant to this Complaint, Defendant was acting under the authorities of pursuant to and under 42 U.S.C. 1983 et seq., 1985 et seq., 1981

Kirkland: 4:11-CV-3902 TMP

295

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

296

and 1982 et seq.,18 U.S.C. 242., 241, to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1) through (296), directly as its total description was mostly all joined, caused, and or is attributable to Defendant No.3, Christopher Duvalls unlawful actions to Plaintiffs Tenth Cause of Action (Count 10) as though the same were fully set forth herein. 1073. Christopher Duvall and all Defendants committed constitutional violations against Plaintiffs Rights under color of state law in a combined joined Conspiracy through and by their City-County-State agents, Officers of the Court, Police, Sheriff Deputies, Judges, to friendships, associations, connections aiding & abetting, assisting Christopher Duvall against Plaintiff in violation of 18 U.S.C. 242. 1074. Plaintiff claims that all Defendants, the (5) remaining named to this Complaint DID commit numerous varied constitutional violations against Plaintiff by violating Plaintiffs 14th and 5th Amendments Due Process against Article VI [2][3]utilizing Police-Deputy law enforcement. 1075. Christopher Duvall effectively kept Plaintiff out of the courtroom denying Plaintiff 14th Amendment Rights to Due Process, Equal Protection, equal access to the Court going to severe constitutional Rights violations of the 1st, 4th, 5th, 6th, 7th, 8th, 9th, 11th,13th, 14th, Amendments.

Kirkland: 4:11-CV-3902 TMP

296

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

297

1076. Christopher Duvall therein in extreme violation of Plaintiffs constitutional Rights, severely and effectively stripped Plaintiff of: 1st Amendment Redress, to access of the Court denied. 1st, Speech, to speak in her defense. st 1 , Association, to counsel of choice. 4th Amendment No probable Cause of a crime committed to grounds to warrant Arrest and Imprisonment against Plaintiff. 4th, Unreasonable seizure of Plaintiff and her property, land, and a Chevrolet Corvette taken. 5th Amendment Deprived of liberty without due process. 5th, Deprived of Due Process. th 5 , Deprived of property without due process. th 5 , Deprived of property without just compensation. 5th, __________ No Presentment, No Indictment of Grand Jury where Plaintiff was criminally charged by Chris Duvall. th 5 , __________ Plaintiff was compelled in Jail by physical force, physical threat of harm, coerced to sign waiver or release papers as to testify-witness against herself. th 6 Amendment In all criminal prosecutions, shall be by Jury, BUT there was no Jury, Plaintiff was not convicted by Jury Verdict. th 6 , Guarantees absolute Jury Trial to Plaintiff, and supported by Article III Section 2 [3] The Trial of all crimes (shall be) by Jury. 6th, Plaintiff was not informed of the (nature). th 6 , Plaintiff not in the courtroom, was not allowed to confront-cross-examine prosecution witnesses.
Kirkland: 4:11-CV-3902 TMP 297 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

298

6th, Plaintiff not allowed to call her witnesses. th 6 , Plaintiff did not have assistance of choice counsel. 6th, __________ Plaintiff, instead of a jury trial, she received or was subjected to experience partiality, preconception, in a prejudiced Court, using City, County, Prosecutors and witnesses to the State Attorney Generals Office, in a criminal prosecution all without jury or trial. 7th Amendment In Civil matters, Jury (shall be) preserved, meaning mandatory by law, judge having no discretion to do otherwise under the law, Article VI [2][3]. th 7 , __________ Simple proof to mandatory Jury, the following words further state and no fact tried by jury, (shall be) otherwise re-examined in any court meaning the judge cant hear the case before himself to begin with, and further cannot over-turn a verdict by jury. 8th Amendment Plaintiff suffered-endured (4) four false arrests and (4) four false imprisonments during this time period of Court proceedings that goes to Summary Judgment punishment without due process or trial, a cruel and unusual punishment without lawful conviction. th 8 , __________ Plaintiff suffered-endures financial hardship due to excessive bails, (not uniform) substantial dollar increases in varied amounts to same charge. 9th Amendment The enumeration in the Constitution, of certain rights, (shall not be construed) to deny or disparage other rights retained by Plaintiff to contract and all content rights of Article I Section 10 [1], file her Complaints
Kirkland: 4:11-CV-3902 TMP 298 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

299

against Defendants accordingly. 13th Amendment Plaintiff forced into incarcerated bondage, Jail time served without any lawful constitutional conviction by a Jury Verdict, involuntary servitude. 14th Amendment- Plaintiff deprived of her liberty without a lawful jury verdict conviction. th 14 , Deprived of all Due Process. 14th, Deprived of Equal Protection. th 14 , Deprived of land and other property without due process. th 14 , __________ Marshall County State Court enforced laws which did abridge the privileges and immunities of Plaintiff, a biased prejudiced tribunal, the 14th Amendment, Section [3] forbids judges to act in insurrection against litigants, against the supreme law and controlling mandatory authority of Article VI [2][3], also held in Article III Sect. 3 [1]. 1077. Christopher Duvall in retaliation, furthered by his own overt acts already in evidence to committing-joining in a land-grab Conspiracy, Breach of Contract, Fraud, Fraud Upon the Court, Perjury, to giving falsified fraudulent testimony to the Court, did effect and subjected the Plaintiff to a Deprivation of Rights by a malicious prosecution to an Abuse of Process in the Marshall County Circuit Court. 1078. DISMISSED But discussed briefly here as their actions demand Plaintiff receive Declaratory Prospective Injunctive

Kirkland: 4:11-CV-3902 TMP

299

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

300

Relief Order as justice requires to this 1983 Complaint, the Judges, Grant Police Officers, Marshall County Sheriff Scott Walls, Sheriff Deputies, and each one of them in there own respective capacities did join with Defendants, instigate and / or effect a Conspiracy against Plaintiff, and as direct and proximate cause of their concerted unlawful, conspiratorial, malicious prosecution, taking actions which have the purpose and / or effect of continuing their process to deprive Plaintiff of her constitutional Rights under the U.S. Constitution, statutes, and laws of the United States, in a retaliation cover-up of the unlawful unconstitutional nature of their Marshall County Court. 1079. The Court protects shields their Police Officers or Deputies above the law from claims, yet causing damages to Plaintiff, where Plaintiff continues to suffer from irreparable and immediate injury, hardship and harm, and still from a fraudulent defective Arrest Warrant currently outstanding. 1080. This statute 18 U.S.C. 242 makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S. Acts under "color of any law" include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that, in order for unlawful acts of any official to be done under "color of any law," the unlawful acts must be done while such official is purporting or pretending to act in the performance of his / her official duties. This definition includes, in addition to law enforcement officials, individuals such as Mayors, Judges, Council persons, persons who are bound by laws, statutes
Kirkland: 4:11-CV-3902 TMP 300 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

301

ordinances, or customs. Punishment varies from a fine or imprisonment of up to one year, or both, and if bodily injury results or if such acts include the use, attempted use, or threatened use of a firearm, dangerous weapon, explosives, or fire shall be fined or imprisoned up to ten years or both. 1081. Plaintiff unable to return home without False Arrest, all of this has been committed and aided by local, County, and State Officials & persons, including the Courts Judges, Clerks, Police, and Sheriff Scott Walls and his Sheriff Deputies acting with, for Marshall County, occurring in, under official color of state law in concert to a combined joined conspiracy. 1082. Former Defendants, and each of them, were and are the agents, servants, associates, representatives, and/or employees of each of the other Defendants herein, and were at all times acting within the course and scope of such agency, representation and employment and with the permission and consent of each of said Defendants. 1083. Plaintiff upon such information and belief alleges, that each of the Defendants inclusive, were, at all times herein mentioned, acting in concert with, and in Conspiracy with, each and every one of the remaining Defendants. 1084. Wherever appearing in this complaint, each and every reference to Defendants and to any of them, is intended to be and shall be a reference to all Defendants hereto, and to each of them, named and unnamed, unless said reference is otherwise specifically qualified.

Kirkland: 4:11-CV-3902 TMP

301

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

302

1085. As a direct and proximate cause and result of Defendants concerted unlawful, conspiratorial, malicious prosecution, wrongful detention of Plaintiff in Court to endure this mockery kangaroo Court, Plaintiff suffers severe mental anguish, in connection with the deprivation of judges certain attempt at depriving Plaintiff of her liberty, absolute certain deprivation of Plaintiffs constitutional and statutory rights guaranteed by the First, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Thirteenth, Fourteenth Amendments, the Due Process and Equal Protection Clauses of the Fifth & Fourteenth Amendments of the Constitution of the United States and protected by 42 U.S.C. 1983 et seq., 42 U.S.C. 1985 et seq., 42 U.S.C. 1986 et seq., and 18 U.S.C. 241 and 242 et seq. 1086. At all times relevant to this Complaint, Defendants were acting under the Authorities of Marshall County, Town of Grant Corporation Charters acting under color of State law and pursuant to official City, County Policy or custom, policies, procedures, practices and acts alleged as set forth herein, were undertaken, aided, authorized, supervised or consented to by each Defendants state of mind with intentional malice, design to violate, and with deliberate indifference to and reckless disregard, conspiring to violate the rights, privileges and immunities guaranteed to Plaintiff by the Constitution and laws of the United States. 1087. PLAINTIFF, therein was damaged as a result of Christopher Duvall committing actions in a Deprivation of Rights, to joined conspiracy causing extreme violations of the Plaintiffs constitutional Rights, Contract Rights, Property Rights, intentional torts to a malicious prosecution, Plaintiff was therein damaged by physical arrest, to a false imprisonment, loss of liberty, loss of land, loss of car, loss of other
Kirkland: 4:11-CV-3902 TMP 302 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

303

property, made to suffer extreme financial loss, financial damage and hardship, physical pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, resulting in severe Duress and deprivation of society with her family as a result. 1088. Therefore, Christopher Duvall committed a severe Deprivation of Constitutional Rights violations against the U.S. Constitution and Federal Statute in Support, 18 U.S.C. 242 joining in Conspiracy causing Plaintiff substantial contractual financial damage to a Breach of Contract, loss of land and enjoyment of property, causing false arrest-false imprisonment, loss of liberty, substantial constitutional Rights violations, under attack to a complete lack of Due Process, Equal Protection and substantial Torts all going against Plaintiff, using the Peoples State Bank Power, made fraudulent banking accusations against Plaintiff, utilizing Marshall Countys prosecuting Power, to the Court Judges, contacted County Sheriff Scott Walls, Sheriff Deputies & local Police of Grant utilized, Marshall County Prosecuting Attorney to the Alabama State Attorney Generals Power, Marshall County Political Power, omission, concealment, suppression of evidence with Fraud, Perjury, going to a Malicious Prosecution with complete Abuse of Process, putting Plaintiff under the Jail, all in violation of and pursuant to U.S.C. Title 42 1983 et seq. 1981, 1982, Title 18 U.S.C. 242, 241 conspiracy, violations by and under 1985 Conspiracy. PLAINTIFFS DEMAND FOR DAMAGES AGAINST CHRISTOPHER DUVALL Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff 1089.

Kirkland: 4:11-CV-3902 TMP

303

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

304

against Christopher Duvall, is set out just before the beginning of COUNT 1 Private Nuisance against him, is applied here as though the same were fully set forth herein. CHRISTOPHER DUVALL COUNT 11. CONSPIRACY TITLE 42 U.S.C. 1985 1090. Plaintiff incorporates herein by reference at all times relevant to this Complaint, Defendant was acting under the authorities of pursuant to and under 42 U.S.C. 1983 et seq., 1985 et seq., 1981 and 1982 et seq.,18 U.S.C. 242., 241, to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1) through (304), directly as its total description was mostly all joined, caused, and or is attributable to Defendant No.3, Christopher Duvalls unlawful actions to Plaintiffs Eleventh Cause of Action against him (Count 11) as though the same were fully set forth herein. 1091. Plaintiff specifically recalls and includes all of Counts (4, 9,10, and Count 12) as though fully set forth herein. 1092.
LIABILITY UNDER 42 USC 1985 CONSPIRACY

For Cause in protecting rights under the Fourteenth Amendment embodied in 42 USC 1985, which provides that: (2) Obstructing justice, intimidating party. If two or more persons in any state conspire to deter by force, intimidation, or threat, any party
Kirkland: 4:11-CV-3902 TMP 304 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

305

in any court of the United States from testifying to any matter pending therein, freely, fully, and truthfully, or to injure such party in his person or property on account of his having so attended, or to influence the verdict, or if two or more persons conspire for the purpose of impeding, hindering, obstructing, or defeating, in any manner, the due course of justice in any state with the intent to deny to any citizen the equal protection of the laws. (3) Depriving person of rights or privileges. If two or more persons in any State conspire, or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person of the equal protection of the laws, or of equal privileges under the laws, or for the purpose of preventing or hindering the constituted authorities of any state or 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 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 recovery of damages, occasioned by such injury or deprivation, against anyone or more of the conspirators. 1093. Christopher Duvalls flirtatious advances rejected by Plaintiff, apparently in retaliation, to get back at, get even with Plaintiff, Christopher Duvall realizing Plaintiff was alone and vulnerable, as an easy push-over target where Christopher Duvall did on purpose, intentionally did effect unlawful continuous verbal derogatory abuse against Plaintiff and with physical destructive force to Plaintiffs land.

Kirkland: 4:11-CV-3902 TMP

305

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

306

1094. Christopher Duvall initiated and established successful harassment against Plaintiff going to joined combined conspiracy in a thought out calculated scheme or plan to take Plaintiffs property land, under a cover-up. 1095. Christopher Duvall with the other Defendants have joined in a conspiracy, by conspiring for the purpose of impeding and hindering the due course of justice, DID effectively cause the Marshall County Court to act against Plaintiff with intent to deny Plaintiff equal protection, and Due Process of Plaintiffs rights and the law that is clearly and simply seen just within the Court Record itself. 1096. Christopher Duvall joined in combined conspiracy with Brenda Barnes and the monetary power of Peoples State Bank of Commerce were obviously quite effective, (money talks),( single-handed judge to a defective judicial hearing) NOT A TRIAL, to gain a so-called conviction to effect a cover-up, so as to curtail, discredit, deny and stop Plaintiff in her Rights. 1097. The Judges all the while to give the appearance of maintaining lawful judicial power in front of any witnesses, court staff, over the Plaintiff so as to better contain, control, manipulate, discredit the Plaintiff to compliance, all of which is in evidence on the Court Record of Marshall County Court. 1098. Marshall County Judges continuing to act unconstitutionally, therefore unlawfully but yet to the unknowing, untrained eye of onlookers, no one would have an idea as to the real truth of what was really happening, which is certain absolutely pure criminal evil and corrupt

Kirkland: 4:11-CV-3902 TMP

306

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

307

intentional violation of law on the part of the Judges, Plaintiff forced into harmful submission by illegal unconstitutional judicial force. 1099. It is therein inferred that certainly Brenda Barnes, the Judges, the Sheriff, joined with the County Prosecutor, had a little discussion with at least one Official or another, had a meeting of the minds, to protect the Peoples State Bank of Commerce, the County Court gold mine, shield Brenda Barnes, the Judges, the Sheriff & Sheriff Deputies, Police Officers, and illegal operations of the Court from the Plaintiff and from the general Publics suspicions or knowledge. 1100. Wherein, the Judges assured each of the other Defendants and or other County Officials, they would take real good care of Plaintiff. 1101. The evidence of record so far now shows that the Defendant Judges continued in these Hearings to DO JUST EXACTLY THAT. 1102. All Defendants joined in conspiracy knowingly with the same objective or motive to protect and defend themselves from their mistakes, corrupt motives and personal agendas, and continued to fully support their judges decisions to accomplish that objective To Handle Plaintiff as a matter of County Policy. 1103. Therefore, all Defendants, each one in their own respective capacities did instigate and effect a Conspiracy, acting in concert to commit an unlawful act, shared the same conspiratorial objectives, from the circumstances described herein, had a meeting of the minds and thus reached an understanding to bring about the conspiratorial objectives. 1104. Plaintiff unable to return home without False Arrest, all of this
Kirkland: 4:11-CV-3902 TMP 307 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

308

has been committed and aided by local, County, and State Officials & persons, including the Courts Judges, Clerks, Police, and Sheriff Scott Walls and his Sheriff Deputies acting with, for Marshall County, occurring in, under official color of state law in concert to a combined joined conspiracy. 1105. Former Defendants, and each of them, were and are the agents, servants, associates, representatives, and/or employees of each of the other Defendants herein, and were at all times acting within the course and scope of such agency, representation and employment and with the permission and consent of each of said Defendants. 1106. Plaintiff upon such information and belief alleges, that each of the Defendants inclusive, were, at all times herein mentioned, acting in concert with, and in Conspiracy with, each and every one of the remaining Defendants. 1107. Wherever appearing in this complaint, each and every reference to Defendants and to any of them, is intended to be and shall be a reference to all Defendants hereto, and to each of them, named and unnamed, unless said reference is otherwise specifically qualified. 1108. The Marshall County Sheriff and Sheriff Deputies, joined to the Defendants witnessing to identify Plaintiff falsely as the person committing the falsified crimes, that with all the Defendants knowing that the information & testimony supplied by Brenda Barnes, other Defendants, Sheriff Deputies, Police Officers against the Plaintiff was false & fabricated for the purpose other than bringing an offender to justice but rather misuse of Sheriffs Department, Police & Judicial

Kirkland: 4:11-CV-3902 TMP

308

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

309

Power to benefit them-selves in their proprietary and economic capacities by generating unjust county revenue. 1109. PLAINTIFF, therein was damaged as a result of Christopher Duvall instigating and devising a plan of harassment committing actions to being a Personal Nuisance going into a shared joined conspiracy, then to a malicious prosecution, abuse of process, Plaintiff was therein damaged by physical arrest, to a false imprisonment, loss of liberty, loss of land, loss of car, loss of other property, made to suffer extreme financial damage and hardship, physical pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, and deprivation of society with her family as a result. 1110. Therefore, Christopher Duvall did commit and violate Title 42, U.S.C. 1985 Conspiracy, violating most all of the Plaintiffs entire Constitutional Bill of Rights, right to contract, property rights, a Breach of Mortgage Contract, all causing an outrageous intentional Abuse of Process against Plaintiff, a reckless disregard even with malice against Plaintiffs Rights pursuant to and under Title 42 U.S.C. 1983 et seq., 1981, 1982, 1985, Title 18 242, and 241. 1111. PLAINTIFFS DEMAND FOR DAMAGES AGAINST CHRISTOPHER DUVALL Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff against Christopher Duvall, is set out just before the beginning of COUNT 1 Private Nuisance against him, is applied here as though the same were fully set forth herein.

Kirkland: 4:11-CV-3902 TMP

309

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

310

CHRISTOPHER DUVALL COUNT 12. CONSPIRACY OF RIGHTS TITLE 18 U.S.C. 241 1112. Plaintiff incorporates herein by reference at all times relevant, the conduct of Defendant was subject to 42 U.S.C. section 1983 et seq., 1985 et seq., 1981 et seq., 1982 and 18 U.S.C. 241 et. seq., 18 U.S.C. 242 et. seq., joined in Conspiracy to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1) through (311), directly as its total description was mostly all joined, caused, and or is attributable to Defendant No.3, Christopher Duvalls unlawful actions to Plaintiffs Twelfth Cause of Action against him, (Count 12) as though the same were fully set forth herein. 1113. Plaintiff claims that Christopher Duvall joined in Conspiracy with all Defendants, the (5) remaining named to this Complaint DID commit numerous varied constitutional violations against Plaintiff by violating Plaintiffs 14th and 5th Amendments Due Process-Equal Protection Right in violation against Article VI [2][3] and Title 18 U.S.C. 241, utilizing Police / Deputy law Enforcement. 1114. Christopher Duvall was friends with and knowing local Police Officers in the Town of Grant and to Marshall County Sheriff Deputies, having either a basis of friendship and / or a business relationship doing glass repair for Police / Sheriff Patrol Vehicles, therein Christopher Duvall utilized these friendships / business associations with Police / Deputies to assist, aid & abet, back up or support Christopher Duvalls harassment activities against Plaintiff.
Kirkland: 4:11-CV-3902 TMP 310 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

311

1115. Christopher Duvall and all Defendants joined in Conspiracy committed constitutional violations against Plaintiffs Rights under color of state law utilizing Police / Deputy law enforcement in their joined conspiracy to harass Plaintiff, in violation of Title 18 241. 1116. Christopher Duvall effectively kept Plaintiff out of the courtroom denying Plaintiff 14th Amendment Rights to Due Process, Equal Protection, equal access to the Court going to severe constitutional Rights violations of the 1st, 4th, 5th, 6th, 7th, 8th, 9th, 11th,13th, 14th, Amendments. 1117. Christopher Duvall therein in extreme violation of Plaintiffs constitutional Rights, severely and effectively stripped Plaintiff of: 1st Amendment Redress, to access of the Court denied. 1st, Speech, to speak in her defense. 1st, Association, to counsel of choice. 4th Amendment No probable Cause of a crime committed to grounds to warrant Arrest and Imprisonment against Plaintiff. 4th, Unreasonable seizure of Plaintiff and her property. 5th Amendment Deprived of liberty without due process. 5th, Deprived of Due Process. 5th, Deprived of property without due process. th 5 , Deprived of property without just compensation. th 5 , __________ No Presentment, No Indictment of Grand Jury where Plaintiff was criminally charged by Chris Duvall. th 5 , __________ Plaintiff was compelled in Jail by physical force, physical threat of harm, coerced to sign waiver or
Kirkland: 4:11-CV-3902 TMP 311 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

312

release papers as to testify-witness against herself. 6th Amendment In all criminal prosecutions, shall be by Jury, BUT there was no Jury, Plaintiff was not convicted by Jury Verdict. th 6 , Guarantees absolute Jury Trial to Plaintiff, and supported by Article III Section 2 [3] The Trial of all crimes (shall be) by Jury. th 6 , Plaintiff was not informed of the (nature). 6th, Plaintiff not in the courtroom, was not allowed to confront-cross-examine prosecution witnesses. th 6 , Plaintiff not allowed to call her witnesses. th 6 , Plaintiff did not have assistance of choice counsel. 6th, __________ Plaintiff, instead of a jury trial, she received or was subjected to experience partiality, preconception, in a prejudiced Court, using City, County, Prosecutors and witnesses to the State Attorney Generals Office, in a criminal prosecution all without jury or trial. 7th Amendment In Civil matters, Jury (shall be) preserved, meaning mandatory by law, judge having no discretion to do otherwise under the law, Article VI [2][3]. th 7 , __________ Simple proof to mandatory Jury, the following words further state and no fact tried by jury, (shall be) otherwise re-examined in any court meaning the judge cant hear the case before himself to begin with, and further cannot over-turn a verdict by jury. 8th Amendment Plaintiff suffered-endured (4) four false arrests and (4) four false imprisonments during this time period
Kirkland: 4:11-CV-3902 TMP 312 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

313

of Court proceedings that goes to Summary Judgment punishment without due process or trial, a cruel and unusual punishment without lawful conviction. 8th, __________ Plaintiff suffered-endures financial hardship due to excessive bails, (not uniform) substantial dollar increases in varied amounts to same charge. 9th Amendment The enumeration in the Constitution, of certain rights, (shall not be construed) to deny or disparage other rights retained by Plaintiff to contract and all content rights of Article I Section 10 [1], file her Complaints against Defendants accordingly. 13th Amendment Plaintiff forced into incarcerated bondage, Jail time served without any lawful constitutional conviction by a Jury Verdict, involuntary servitude. 14th Amendment- Plaintiff deprived of her liberty without a lawful jury verdict conviction. th 14 , Deprived of all Due Process. 14th, Deprived of Equal Protection. th 14 , Deprived of land and other property without due process. 14th, __________ Marshall County State Court enforced laws which did abridge the privileges and immunities of Plaintiff, a biased prejudiced tribunal, the 14th Amendment, Section [3] forbids judges to act in insurrection against litigants, against the supreme law and controlling mandatory authority of Article VI [2][3], also held in Article III Sect. 3 [1].
Kirkland: 4:11-CV-3902 TMP 313 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

314

1118. Christopher Duvall in retaliation, furthered by his own overt acts already in evidence to committing-joining in a land-grab Conspiracy, Breach of Contract, Fraud, Fraud Upon the Court, Perjury, to giving falsified fraudulent testimony, making false claims to the Court, did effect and subjected the Plaintiff to an Abuse of Process in the Marshall County Circuit Court. 1119. DISMISSED But discussed briefly here as their actions demand Plaintiff receive Declaratory Prospective Injunctive Relief Order as justice requires to this 1983 Complaint, the Judges, Grant Police Officers, Marshall County Sheriff Scott Walls, Sheriff Deputies, and each one of them in there own respective capacities did join with all Defendants, did instigate and / or effect a Conspiracy against Plaintiff, and as direct and proximate cause of their concerted unlawful, conspiratorial, malicious prosecution, taking actions which have the purpose and / or effect of continuing their process to deprive Plaintiff of her constitutional Rights under the U.S. Constitution, statutes, and laws of the United States, in a retaliation cover-up of the unlawful unconstitutional nature of their Marshall County Court. 1120. The Court protects shields their Police Officers or Deputies above the law from claims, yet causing damages to Plaintiff, where Plaintiff continues to suffer from irreparable and immediate injury, hardship and harm from a fraudulent defective Arrest Warrant currently outstanding. 1121. This statute 18 U.S.C. 241 makes it unlawful for two or more persons to conspire to injure, oppress, threaten, or intimidate any person of any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him / her by the
Kirkland: 4:11-CV-3902 TMP 314 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

315

Constitution or the laws of the United States, (or because of his / her having exercised the same). 1122. Plaintiff unable to return home without False Arrest, all of this has been committed and aided by local, County, and State Officials & persons, including the Courts Judges, Clerks, Police, and Sheriff Scott Walls and his Sheriff Deputies acting with, for Marshall County, occurring in, under official color of state law in concert to a combined joined conspiracy. 1123. Former Defendants, and each of them, were and are the agents, servants, associates, representatives, and/or employees of each of the other Defendants herein, and were at all times acting within the course and scope of such agency, representation and employment and with the permission and consent of each of said Defendants. 1124. Plaintiff upon such information and belief alleges, that each of the Defendants inclusive, were, at all times herein mentioned, acting in concert with, and in Conspiracy with, each and every one of the remaining Defendants. 1125. Wherever appearing in this complaint, each and every reference to Defendants and to any of them, is intended to be and shall be a reference to all Defendants hereto, and to each of them, named and unnamed, unless said reference is otherwise specifically qualified. 1126. At all times relevant to this Complaint, DISMISSED Judges, Police Deputies were acting under the Authorities of the City Corporation charters of Town of Grant, Alabama Charter, Guntersville, Alabama, Charter, the County Corporation Charter of Marshall County,
Kirkland: 4:11-CV-3902 TMP 315 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

316

Alabama, acting under color of State law and pursuant to official City County Policy or custom, policies, procedures, practices and acts alleged as set forth herein, were undertaken, aided, authorized, supervised or consented to by each Defendants state of mind, with intentional malice, design to violate, and with deliberate indifference to and reckless disregard, conspiring to violate the rights, privileges and immunities guaranteed to Plaintiff, the First, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Thirteenth, Fourteenth Amendments, the Due Process and Equal Protection Clauses of the Fifth & Fourteenth Amendments by the Constitution of the United States, and protected further pursuant to 42 U.S.C. 1983 et seq., 42 U.S.C. 1985 et seq., 42U.S.C. 1981 et seq., 1982 and Title 18 U.S.C. 241 et seq. and 18 242 et seq. 1127. PLAINTIFF, therein was damaged as a result of Christopher Duvall committing actions violating 18 U.S.C. 241, to being a Personal Nuisance going into a shared joined Conspiracy of Rights, then to a malicious prosecution, Plaintiff was therein damaged by physical arrest, to a false imprisonment, loss of liberty, loss of land, loss of car, loss of other property, made to suffer extreme financial damage and hardship, physical pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, and deprivation of society with her family as a result. 1128. Therefore, Christopher Duvall did violate 18 U.S.C. 241 to most all of the Plaintiffs entire Constitutional Bill of Rights, right to contract, property rights, a Breach of Mortgage Contract, all causing an outrageous intentional Abuse of Process against Plaintiff, a reckless

Kirkland: 4:11-CV-3902 TMP

316

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

317

disregard even with malice against Plaintiffs Rights pursuant to and under Title 42 U.S.C. 1983 et seq., 1981, 1982, 1985, Title 18 U.S.C. 242, and 241. 1129. PLAINTIFFS DEMAND FOR DAMAGES AGAINST CHRISTOPHER DUVALL Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff against Christopher Duvall, is set out just before the beginning of COUNT 1 Private Nuisance against him, is applied here as though the same were fully set forth herein. CHRISTOPHER DUVALL COUNT 13. PERJURY 1130. Plaintiff incorporates herein by reference at all times relevant to this Complaint, Defendant was acting under the authorities of pursuant to and under 42 U.S.C. 1983 et seq., 1985 et seq., 1981 et seq., and 1982, and 18 U.S.C. 242., 241, to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1) through (318), directly as its total description was mostly all joined, caused, and or is attributable to Defendant No.3, Christopher Duvalls unlawful actions to Plaintiffs Thirteenth Cause of Action against him (Count 13) as though the same were fully set forth herein. 1131. Christopher Duvall joined Conspiracy, (objective to meeting of

Kirkland: 4:11-CV-3902 TMP

317

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

318

the minds), all Defendants interested in Plaintiffs lawful object, land property to which Plaintiff is holding a lawful Trust Deed and Land Patent to this property located at, Address: 2756 Cathedral Caverns Highway in Grant, Alabama 35747 1132. Christopher Duvall filed a fraudulent scheme against Plaintiff in dispute existing in Court evidence with physical actions taken and made Statements, Affidavits, Testimony under Oath, to matters stating Plaintiff attempted to / or ran down his children in her Pick-up Truck which Christopher Duvall directly knows himself to be false to the Marshall County Circuit Court. 1133. Christopher Duvall by a complete fabrication of evidence did make false statements against Plaintiff during judicial proceedings with the intent made and used to affect the outcome of the proceedings to mislead and deceive the Court under Oath. 1134. Christopher Duvall by direct willful false statements to the contrary of the truth, stated to Police and Sheriff Deputies the Plaintiff had harmed his children when she did not. 1135. Christopher Duvall had full knowledge of the false nature to his charge that Plaintiff did not hurt his children, fabricating a misleading lie to the Marshall County Court. 1136. Christopher Duvall appeared in Open Court with willfulness and knowledge of the falsity of his statements and proceeded knowingly that he was testifying under Oath [penalty of perjury].

Kirkland: 4:11-CV-3902 TMP

318

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

319

1137. Christopher Duvall made false Complaint, false Affidavit, false Testimony with the intent to harass and defraud Plaintiff, possibly then able to acquire the taking of a portion of Plaintiffs land or other use and property for monetary gains. 1138. Christopher Duvall therein made false claim under Oath in Court, continued to further his cause by harassment with full intention to help achieve a cover-up with Brenda Barnes Banking Fraud actions going against Plaintiff into a set-up against Plaintiff to financial ruin and Jail. 1139. Christopher Duvall made false Affidavit to claim his children were injured by Plaintiff to the Court under Oath. 1140. Christopher Duvall made, or gave false verbal testimony to a claim his children were injured by Plaintiff in Court under Oath. 1141. Christopher Duvall gave false testimony to a criminal charge against Plaintiff, (false document), to the Court under Oath. 1142. Christopher Duvall fraudulently misled the Court in deceit under Oath. 1143. Therefore Christopher Duvall made false statements, a scheme of falsehoods to the Court, knowing his false information would influenced the Court, change the status of plaintiff, and effecting-changing the outcome of the proceedings as a result of his false statements. 1144. PLAINTIFF, therein was damaged as a result of Christopher Duvall committing actions of Perjury in a conspiracy causing extreme violations of the Plaintiffs constitutional Rights, Contract Rights,
Kirkland: 4:11-CV-3902 TMP 319 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

320

Property Rights, intentional torts to a malicious prosecution, Plaintiff was therein suffered loss of her liberty, damaged by physical arrest, to a false imprisonment, loss of liberty, loss of land, loss of car, loss of other property, made to suffer extreme financial loss, financial damage and hardship, physical pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, resulting in severe Duress and deprivation of society with her family as a result. 1145. Therefore, Christopher Duvall committed Perjury joining in Conspiracy causing Plaintiff substantial contractual financial damage to a Breach of Contract, loss of land and enjoyment of property, causing false arrest-false imprisonment, substantial constitutional Rights violations, under attack to a complete lack of Due Process, Equal Protection and substantial Torts all going against Plaintiff, using the Peoples State Bank Power, made fraudulent banking accusations against Plaintiff, utilizing Marshall Countys prosecuting Power, to the Court Judges, contacted County Sheriff Scott Walls, Sheriff Deputies & local Police of Grant utilized, Marshall County Prosecuting Attorney to the Alabama State Attorney Generals Power, Marshall County Political Power, omission, concealment, suppression of evidence with Fraud, Perjury, going to a Malicious Prosecution with complete Abuse of Process, putting Plaintiff under the Jail, all in violation of and pursuant to U.S.C. Title 42 1983 et seq. 1981, 1982, Title 18 U.S.C. 242, 241 conspiracy, violations by and under 1985 Conspiracy. PLAINTIFFS DEMAND FOR DAMAGES AGAINST CHRISTOPHER DUVALL Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff 1146.
Kirkland: 4:11-CV-3902 TMP 320 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

321

against Christopher Duvall, is set out just before the beginning of COUNT 1 Private Nuisance against him, is applied here as though the same were fully set forth herein. CHRISTOPHER DUVALL COUNT 14. MALICIOUS PROSECUTION 1147. Plaintiff incorporates herein by reference at all times relevant to this Complaint, Defendant was acting under the authorities of pursuant to and under 42 U.S.C. 1983 et seq., 1985 et seq., and 1981 et seq., 18 U.S.C. 242., 241, to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1) through (322), directly as its total description was mostly all joined, caused, and or is attributable to Defendant No.3, Christopher Duvalls unlawful actions to Plaintiffs Fourteenth Cause of Action against him (Count 14) as though the same were fully set forth herein. 1148. Plaintiff maintains and states continued substantial severe extenuating grievances exist against Christopher Duvall for bringing baseless litigation against Plaintiff causing detrimental financial and physical harm to Plaintiff as a result. 1149. Christopher Duvall joined in combined Conspiracy with the other Defendants filed prior, to Civil Adverse Possession, a Foreclosure, joined with false criminal charges placed against Plaintiff to and by the Marshall County Circuit Court.

Kirkland: 4:11-CV-3902 TMP

321

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

322

1150. Christopher Duvalls falsified claims- testimony and committing omissions to the Marshall County Court, in concealment, suppression of Plaintiffs evidence, were not disclosed to the Court. 1151. Christopher Duvall made a fraudulent claim against Plaintiff before the Marshall County Court single-handed judge, and not a jury. 1152. Christopher Duvall wanted a portion of Plaintiffs land, and Christopher Duvall actually took physical forced unlawful possession and control over that portion of Plaintiffs land. 1153. Christopher Duvall made money when he took down-stole Plaintiffs privacy fence, loaded on his trailer and taken away permanently, then to re-sell the Plaintiffs fence to a salvage sale. 1154. Christopher Duvall filed a criminal charge against Plaintiff, to the nature of the charge, left unexplained, 6th Amendment violation. 1155. Plaintiff in defense of her property taken, false claims filed against her, filed Complaint and Lien to the Court against Christopher Duvall to stop these conspiracy proceedings. 1156. Christopher Duvall with help from other Defendants attorneys to the Court had to join a cover-up, extinguish get rid of Plaintiff, her Complaint, and of the truth coming out in Court where Christopher Duvall is committing continual harassment against Plaintiff, Fraud, Conspiracy, criminal actions to various torts against Plaintiff. 1157. Christopher Duvall maintains that Plaintiff is guilty of a criminal charge, but failed to bring Plaintiff before a Jury, failing to win a Jury
Kirkland: 4:11-CV-3902 TMP 322 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

323

Verdict against Plaintiff accordingly on a criminal Complaint, unsuccessfully commenced without achieving a constitutional lawful conviction. 1158. Bringing the Plaintiff before a Jury cant happen, a major threat risk to the truth and damaging evidence against Christopher Duvall and all Defendants come crashing down. 1159.Christopher Duvall instead moved the Court into an (ex parte judgment) with fabricated evidence in Fraud upon the Court to both the civil and criminal charge to a single-handed judge in violation of Article VI [2][3], only getting a Court Judgment from a single-handed judge. 1160. Christopher Duvall having Plaintiff Arrested on false claim of running over his children with her truck, false claim against lien placed against Duvall, Plaintiff then unlawfully, unconstitutionally thrown in Jail, removed from Court proceedings altogether where Plaintiff was not physically even present in the courtroom. 1161. Christopher Duvall therein actively discussed or talked with and joined other Defendants, Bank attorneys, City, County Prosecutors, State Attorney Generals Office, and ex parte to the judge, making fabricatedfalse, fraudulent claims against Plaintiff to the Marshall County Court. Christopher Duvall then furthering conspiratorial motives with Defendants and Court Officers to set-up Plaintiff to severely violate Plaintiffs Constitutional Rights, getting Plaintiff out of the way, with the Court already acting in support of Christopher Duvall.

Kirkland: 4:11-CV-3902 TMP

323

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

324

1162. The Marshall County Court used their special brand of The Judges Ignorance of the Law IS A EXCUSE Rule to prosecute Plaintiff unjustly? 1163. Excuseagainst Article VI [2][3], and Titles 42 U.S.C. 1983 Rights et seq., 1985 Conspiracy, Title 18 U.S.C. 241 Conspiracy, 18 U.S.C. 242 Rights of which these statutes defend the public policy and the supreme Authority of the U.S. Constitution controlling law that supports the Plaintiffs action for malicious prosecution against Christopher Duvall in the discouragement of (like persons) committing acts similar to Christopher Duvalls horrendous Court supported vexatious litigation case as this is, where Christopher Duvall caused severe detrimental constitutional violations against Plaintiff, read and clearly understood to all Americans against the background concept, purpose and spirit of what the U.S. Constitution represents to Americas freedoms in the Bill Of Rights? 1164. Christopher Duvall effectively kept Plaintiff out of the courtroom denying Plaintiff 14th Amendment Rights to Due Process, Equal Protection, equal access to the Court going to severe constitutional Rights violations of the 1st, 4th, 5th, 6th, 7th, 8th, 9th, 11th,13th, 14th, Amendments. 1165. Christopher Duvall therein in extreme violation of Plaintiffs constitutional Rights, severely and effectively stripped Plaintiff of: 1st Amendment Redress, to access of the Court denied. 1st, Speech, to speak in her defense. st 1 , Association, to counsel of choice.

Kirkland: 4:11-CV-3902 TMP

324

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

325

4th Amendment No probable Cause of a crime committed to grounds to warrant Arrest and Imprisonment against Plaintiff. 4th, Unreasonable seizure of Plaintiff and her property. 5th Amendment Deprived of liberty without due process. 5th, Deprived of Due Process. 5th, Deprived of property without due process. th 5 , Deprived of property without just compensation. th 5 , __________ No Presentment, No Indictment of Grand Jury where Plaintiff was criminally charged by Chris Duvall. th 5 , __________ Plaintiff was compelled in Jail by physical force, physical threat of harm, coerced to sign waiver or release papers as to testify-witness against herself. 6th Amendment In all criminal prosecutions, shall be by Jury, BUT there was no Jury, Plaintiff was not convicted by Jury Verdict. 6th, Guarantees absolute Jury Trial to Plaintiff, and supported by Article III Section 2 [3] The Trial of all crimes (shall be) by Jury. th 6 , Plaintiff was not informed of the (nature). 6th, Plaintiff not in the courtroom, was not allowed to confront-cross-examine prosecution witnesses. th 6 , Plaintiff not allowed to call her witnesses. 6th, Plaintiff did not have assistance of choice counsel. th 6 , __________ Plaintiff, instead of a jury trial, she received or was subjected to experience partiality, preconception, in a prejudiced Court, using City, County, Prosecutors and witnesses to the State Attorney Generals Office, in a criminal prosecution all without jury or trial.

Kirkland: 4:11-CV-3902 TMP

325

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

326

7th Amendment In Civil matters, Jury (shall be) preserved, meaning mandatory by law, judge having no discretion to do otherwise under the law, Article VI [2][3]. 7th, __________ Simple proof to mandatory Jury, the following words further state and no fact tried by jury, (shall be) otherwise re-examined in any court meaning the judge cant hear the case before himself to begin with, and further cannot over-turn a verdict by jury. 8th Amendment Plaintiff suffered-endured (4) four false arrests and (4) four false imprisonments during this time period of Court proceedings that goes to Summary Judgment punishment without due process or trial, a cruel and unusual punishment without lawful conviction. th 8 , __________ Plaintiff suffered-endures financial hardship due to excessive bails, (not uniform) substantial dollar increases in varied amounts to same charge. 9th Amendment The enumeration in the Constitution, of certain rights, (shall not be construed) to deny or disparage other rights retained by Plaintiff to contract and all content rights of Article I Section 10 [1], file her Complaints against Defendants accordingly. 13th Amendment Plaintiff forced into incarcerated bondage without any lawful constitutional conviction by a Jury Verdict, involuntary servitude. 14th Amendment- Plaintiff deprived of her liberty without a lawful jury verdict conviction.
Kirkland: 4:11-CV-3902 TMP 326 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

327

14th, 14th, 14th ,

Deprived of all Due Process. Deprived of Equal Protection. Deprived of land and other property without due process. th 14 , __________ Marshall County State Court enforced laws which did abridge the privileges and immunities of Plaintiff, a biased prejudiced tribunal, the 14th Amendment, Section [3] forbids judges to act in insurrection against litigants, against the supreme law and controlling mandatory authority of Article VI [2][3], also held in Article III Sect. 3 [1]. 1166. Christopher Duvall in retaliation, furthered by his own overt acts already in evidence to committing-joining in a land-grab Conspiracy, to Breach of Contract, Fraud, Fraud Upon the Court, Perjury, to giving falsified fraudulent testimony, false claims to the Court, did effect and subjected the Plaintiff to a Malicious Prosecution in the Marshall County Circuit Court. 1167. Christopher Duvall does not want nor can he afford for the Plaintiff, public at large, the Court, a Jury to discover his crimes he committed. 1168. Christopher Duvall wanted the Plaintiff out of the way, to maximize his own monetary gains, suppress the truth and evidence, as to permanently silence the Plaintiff from coming forward against him. 1169. Christopher Duvalls malicious prosecution of Plaintiff is obvious, where the purpose of and in support for Plaintiffs action brought against

Kirkland: 4:11-CV-3902 TMP

327

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

328

Duvall is appropriate where Duvall has used and abused the machinery of the judicial system itself misused. 1170. Plaintiff therein suffered (4) False Arrests, (4) False Imprisonments, Plaintiff was deprived of her liberty and punished by Summary Judgment (Jailed) four times without trial or even a hearing . 1171. Christopher Duvall made Plaintiff suffer further in joined Conspiracy to protect himself, with other committed acts or actions that interfered with Plaintiffs contractual Rights Article I Section 10 [1], property Rights, loss of Plaintiffs constitutional Rights, Due Process, loss of liberty, loss of land, a car, all in connection with Brenda Barnes lawsuit-Foreclosure and associated-correlated retaliatory vendetta aimed at Plaintiff. 1172. Christopher Duvall acting with indifference and malice as to whether the Plaintiff was injured, knowingly failing to fully and fairly disclose all relevant facts to the Court, further knowingly providing false information to the Grant Police, Marshall County Sheriff Scott Walls and Sheriff Deputies against Plaintiff. 1173. Plaintiff still under threat of some continued outstanding Warrant, the reason not known by Plaintiff, fleeing for safety, filed Complaint to the Federal Court in Birmingham, Alabama, where Plaintiff then before Federal Judge Virginia Hopkins requested a Temporary Restraining Order TRO so Plaintiff could be protected from irreparable harm at this point, that she might be left alone to come before the Federal Court. Hopkins did not read into the situation well enough to protect Plaintiff.

Kirkland: 4:11-CV-3902 TMP

328

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

329

1174. Hopkins denied the TRO. Two days later Marshall County reached through the Federal Complaint Plaintiff was attempting to file, Plaintiff arrested, thrown in Jail, stripped naked before Police Officers and others for approximately 40 minutes sprayed with chemicals causing Plaintiffs hair to fall out, held in solitary confinement block forced to sleep on a concrete slab for five (5) days, still in Jail, taken to a side room and forced to sign confession papers or else against the 5th Amendment! 1175. Plaintiffs Federal Complaint was filed considerably way before corrupt Marshall County Court proceedings stopped. 1176. Plaintiff charged with criminal charges, was not brought before a Jury, nor was convicted by a Jury Verdict in Marshall County Circuit Court. 1177. Plaintiff has just received Notice of DE NOVO TRIAL from the Federal Court to start all over to bring in her Complaint, therein not yet a final determination of or by Civil Jury Verdict in these Matters. 1178. Any and all so-called judgments in Marshall County Circuit Court against Plaintiff were granted to Defendants who have submitted total fabricated evidence to a Fraud upon the Court, where a reversal on these grounds is a termination in favor of the Plaintiff. 1179. Christopher Duvall then knowing, having full knowledge of his joined involvement to conspiracy, the false content of the charges, knew therein, he was testifying falsely to the Marshall County Circuit Court about the claim of Plaintiff running down his children, misleading the

Kirkland: 4:11-CV-3902 TMP

329

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

330

Court by omission, concealment, suppression of evidence and blocking Plaintiffs presence in Court and her Due Process Defense. 1180. Christopher Duvall therefore had no honest sufficient circumstance to believe, or to warrant a claim against Plaintiff, yet did commit the same. 1181. Christopher Duvall has been shown in previous Counts and all descriptions as to certainly being motivated in taking a portion of Plaintiffs land from Plaintiff for unlawful possession and use for himself, to joining conspiratorial efforts in aiding & abetting substantial monetary gain to Brenda Barnes herself, on behalf of the Bank, and co-conspirators and her motivation to the Chamber of Commerce, City of Grant and Marshall County to seek out and acquire land for City or County usage or private investors. 1182. Plaintiff therein alleges Christopher Duvall shown by the magnitude of his surrounding involvement in joined conspiracy to everybody elses business against the Plaintiff, highly motivated to make money, certainly shows his intentional desire with malice to a very personal attack against Plaintiffs Rights, has had no reasonable justified cause or excuse for such outrageous actions Christopher Duvall has taken against Plaintiff that stands on the face of the Court Record of Marshall County and evidence already submitted by Plaintiff to the Federal Court. 1183. Plaintiff as a result of Christopher Duvall committing actions in a malicious prosecution, Plaintiff was therein damaged by physical arrest, to a false imprisonment, loss of liberty, loss of land, loss of car, made to suffer extreme financial damage and hardship, physical pain, injury,
Kirkland: 4:11-CV-3902 TMP 330 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

331

psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, and deprivation of society with her family as a result. 1184. Therefore, Christopher Duvall did commit a Malicious Prosecution of extreme magnitude, violating most all of the Plaintiffs entire Constitutional Bill of Rights, right to contract, property rights, a Breach of Mortgage Contract, all causing an outrageous intentional malicious prosecution against Plaintiff, a reckless disregard with malice against Plaintiffs Rights pursuant to and under Title 42 U.S.C. 1983 et seq., 1981, 1982, 1985, Title 18 242, and 241. 1185. PLAINTIFFS DEMAND FOR DAMAGES AGAINST CHRISTOPHER DUVALL Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff against Christopher Duvall, is set out just before the beginning of COUNT 1 Private Nuisance against him, is applied here as though the same were fully set forth herein. CHRISTOPHER DUVALL COUNT 15. ABUSE OF PROCESS 1186. Plaintiff incorporates herein by reference at all times relevant to this Complaint, Defendant was acting under the authorities of pursuant to and under 42 U.S.C. 1983 et seq., 1985 et seq., 1981 et seq., and 1982, 18 U.S.C. 242., 241, to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General Facts For
Kirkland: 4:11-CV-3902 TMP 331 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

332

All Counts of Action description from Pages (1) through (332), Directly as its total description was mostly all joined, caused, and or Is attributable to Defendant No.3, Christopher Duvalls unlawful actions to Plaintiffs Fifteenth Cause of Action against him (Count 15) as though the same were fully set forth herein. 1187. Christopher Duvall has been an OCCUPANT-Renter in a house next door to the Plaintiffs property beginning from August 2004 to the present. 1188. Christopher Duvall, by fraud to the Court, Perjury, omissions, concealment, suppression of the Plaintiffs evidence in the Marshall County Court has shown in other fact description and Counts that Christopher Duvall wanted a portion of Plaintiffs land for his very own possession and use and DID take that portion of Plaintiffs land property through physical unlawful force. 1189. Plaintiff filed Complaint and Lien against Christopher Duvall to stop him from any further improper deceitfully acquired claims to judgment in Court or to take Plaintiffs land. 1190. Plaintiff filed Complaints, Police Reports and Affidavits with the Grant Police Department and the Marshall County Sheriffs Office. These were ignored. 1191. Christopher Duvall did not want to be found out by the Court, in his scheme to harass, damage, injure and to defraud Plaintiff out of a portion of her land, to run her off her land by these acts committed by Duvall.

Kirkland: 4:11-CV-3902 TMP

332

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

333

1192. Christopher Duvall joined in conspiracy to the other Defendants attorneys to the Court had to extinguish get rid of Plaintiff, her Complaint, and of the truth coming out in Court where Christopher Duvall is committing Fraud to criminal actions to various torts against Plaintiff. 1193. Christopher Duvall therein on purpose to retaliate, DID effect, aid & abet a cover-up of Plaintiffs Complaint and evidence, Duvall filed jointly into a joined criminal charge against Plaintiffs Complaint-Lien filed against Duvall and other Defendants, referring to them as false documents? 1194. Plaintiff therein suffered False Arrest-False Imprisonment and was from there on severely subjected to a perversion of law neither warranted nor authorized under the U.S. Constitution controlling law. 1195. Marshall County Court prevented Plaintiff further from all 5th & 14th Amendments Due Process-Equal Protection, failure to allow Counsel of her choice, no witnesses allowed, no cross-examination, no Presentment, no Indictment by Grand Jury, No signed Jury Form, no lawful-constitutional Standing Witness, No Signed Witness Affidavit, No lawful Arrest Warrant is / was not ever properly in place at any time then or now. 1196. The Marshall County Circuit Court filing criminal felony to misdemeanor charges against Plaintiff, using the Marshall County Prosecuting Attorney to the power of the State Attorney Generals Office to prosecute Plaintiff, yet failed to do it in front of a Jury.

Kirkland: 4:11-CV-3902 TMP

333

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

334

1197. Christopher Duvall effectively kept Plaintiff out of the courtroom denying Plaintiff 14th Amendment Rights to Due Process, Equal Protection, equal access to the Court going to severe constitutional Rights violations of the 1st, 4th, 5th, 6th, 7th, 8th, 9th, 11th,13th, 14th, Amendments. 1198. Christopher Duvall therein in extreme violation of Plaintiffs constitutional Rights, severely and effectively stripped Plaintiff of: 1st Amendment Redress, to access of the Court denied. 1st, Speech, to speak in her defense. st 1 , Association, to counsel of choice. 4th Amendment No probable Cause of a crime committed to grounds to warrant Arrest and Imprisonment against Plaintiff. th 4 , Unreasonable seizure of Plaintiff and her property. 5th Amendment Deprived of liberty without due process. 5th, Deprived of Due Process. th 5 , Deprived of property without due process. 5th, Deprived of property without just compensation. th 5 , __________ No Presentment, No Indictment of Grand Jury where Plaintiff was criminally charged by Chris Duvall. 5th, __________ Plaintiff was compelled in Jail by physical force, physical threat of harm, coerced to sign waiver or release papers as to testify-witness against herself. 6th Amendment In all criminal prosecutions, shall be by Jury, BUT there was no Jury, Plaintiff was not convicted by Jury Verdict. th 6 , Guarantees absolute Jury Trial to Plaintiff, and
Kirkland: 4:11-CV-3902 TMP 334 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

335

supported by Article III Section 2 [3] The Trial of all crimes (shall be) by Jury. 6th, Plaintiff was not informed of the (nature). 6th, Plaintiff not in the courtroom, was not allowed to confront-cross-examine prosecution witnesses. th 6 , Plaintiff not allowed to call her witnesses. 6th, Plaintiff did not have assistance of choice counsel. th 6 , __________ Plaintiff, instead of a jury trial, she received or was subjected to experience partiality, preconception, in a prejudiced Court, using City, County, Prosecutors and witnesses to the State Attorney Generals Office, in a criminal prosecution all without jury or trial. 7th Amendment In Civil matters, Jury (shall be) preserved, meaning mandatory by law, judge having no discretion to do otherwise under the law, Article VI [2][3]. 7th, __________ Simple proof to mandatory Jury, the following words further state and no fact tried by jury, (shall be) otherwise re-examined in any court meaning the judge cant hear the case before himself to begin with, and further cannot over-turn a verdict by jury. 8th Amendment Plaintiff suffered-endured (4) four false arrests and (4) four false imprisonments during this time period of Court proceedings that goes to Summary Judgment punishment without due process or trial, a cruel and unusual punishment without lawful conviction. 8th, __________ Plaintiff suffered-endures financial hardship due to excessive bails, (not uniform) substantial dollar increases in varied amounts to same charge.
Kirkland: 4:11-CV-3902 TMP 335 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

336

9th Amendment The enumeration in the Constitution, of certain rights, (shall not be construed) to deny or disparage other rights retained by Plaintiff to contract and all content rights of Article I Section 10 [1], file her Complaints against Defendants accordingly. 13th Amendment Plaintiff forced into incarcerated bondage, Jail time served without any lawful constitutional conviction by a Jury Verdict, involuntary servitude. 14th Amendment- Plaintiff deprived of her liberty without a lawful jury verdict conviction. th 14 , Deprived of all Due Process. 14th, Deprived of Equal Protection. th 14 , Deprived of land and other property without due process. 14th, __________ Marshall County State Court enforced laws which did abridge the privileges and immunities of Plaintiff, a biased prejudiced tribunal, the 14th Amendment, Section [3] forbids judges to act in insurrection against litigants, against the supreme law and controlling mandatory authority of Article VI [2][3], also held in Article III Sect. 3 [1]. 1199. Christopher Duvall in retaliation, furthered by his own overt acts already in evidence to committing-joining in a land-grab Conspiracy, to Breach of Contract, Fraud, Fraud Upon the Court, Perjury, to giving falsified fraudulent testimony to the Court, did effect and subjected the Plaintiff to an Abuse of Process in the Marshall County Circuit Court.

Kirkland: 4:11-CV-3902 TMP

336

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

337

1200. Christopher Duvall does not want nor can he afford for the Plaintiff, public at large, the Court, a Jury to discover his harassing crimes. 1201. In the Abuse of Process against Plaintiffs Rights, Christopher Duvall joined in conspiracy with the other Defendants, gained this corruptive power to effectively cause Marshall County Circuit Judges to commit the following against Plaintiff: All Judges committed or violated:
MANDATORY LAW AND PROCEDURES ALL JUDGES MUST HONOR, PROTECT, DEFEND, AND OBEY COMMITTED BY JUDICIAL VIOLATIONS OF THE UNITED STATES CONSTITUTION CONTROLLING LAW AND MANDATORY PROCEDURES ARTICLE VI SECTION 1(2) SUPREMACY CLAUSE, ARTICLE VI SECTION 1(3), OATH OF OFFICE, ARTICLE III SECT. 3 (1) TREASON, AMENDMENT 14 SECT. 3 TREASON, ARTICLE 1 SECT.10 (1) CONTRACTS, ARTICLE III SECTION 2(3) JURY, All in violations of Plaintiffs Due

Process, Equal protection to and under Articles 1st, 4th, 5th,6th, 7th, 8th, 9th,11th, 13th,14th, Amendments or Articles, CONSTITUTIONAL BILL OF RIGHTS
VIOLATIONS WITH LACK OF SUBJECT MATTER JURISDICTION, PURSUANT AND UNDER 42 U.S.C. 1983 et seq. CONSPIRACY 42 U.S.C. 1985 et seq. STATUTE: 18 U.S.C. 242 et seq., STATUTE 18 U.S.C. 241 et seq. EXTRINSIC FRAUD, JUDICIAL MALFEASANCE, CONSPIRACY AGAINST RIGHTS, DEPRIVATION OF DUE PROCESS, CONSPIRACY, MALICIOUS PROSECUTION, FRAUD UPON THE COURT, JUDICIAL OBSTRUCTION OF JUSTICE 18 U.S.C. 2 Principles 18 U.S.C 1503,Attempted Extortion Under Color Of Official Right 18 U.S.C Section 1951 (b)(2), FAILURE TO TRAIN IN MARSHALL COUNTY POLICY TO POLICE MISCONDUCT, ALLOWED INTRINSIC FRAUD PERJURY TESTIMONY UNDER OATH 18 U.S.C. 1621, 18 U.S.C. 1001, ATTEMPTED EXTORTION UNDER COLOR OF RIGHT 18 U.S.C. 1951 et seq. HOBBS ACT, MISPRISION OF FELONY 18 U.S.C. 4, ACTION FOR NEGLECT TO PREVENT 42 U.S.C. 1986 et seq., INTENTIONAL
Kirkland: 4:11-CV-3902 TMP 337 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

338

INFLICTION OF EMOTIONAL DISTRESS, all going to and effecting Plaintiffs right

to Redress, Freedom of Speech, Freedom of Association to The Right to Constitutional Counsel, Reasonable Access To the Courts, The Right To A Fair Trial, Knowing Use of Perjured Testimony, Cruel & Unusual Punishment, Abuse Of Process, Interference With Contract Rights, Trespass to Land, Conversion, Unlawful Foreclosure, Kidnapping, Bribery-Blackmail, Extortion, Assault, Deprivation of Property, False Imprisonment, Coerced guilty Plea, all that simply stands on the record itself is in very certain clear view evidence, resulting in very certain DAMAGES to COMPENSATORY, SPECIAL, PUNITIVE AND where you all deserve Federal Prison for your acts of CRIMINAL CAPITAL FELONY TREASON, res ipsa loquitur.

1202. Christopher Duvall wanted the Plaintiff out of the way, to maximize his own monetary gains, suppress the truth and evidence, as to permanently silence the Plaintiff from coming forward against Duvall. 1203. PLAINTIFF, therein was damaged as a result of Christopher Duvall committing actions to cause Abuse of Process with the Court in a malicious prosecution, Plaintiff was therein damaged by physical arrest, to a false imprisonment, loss of liberty, loss of land, loss of car, loss of other property, made to suffer extreme financial damage and hardship, physical pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, and deprivation of society with her family as a result. 1204. Therefore, Christopher Duvall did commit an Abuse Of Process to violate most all of the Plaintiffs entire Constitutional Bill of Rights, right to contract, property rights, a Breach of Mortgage Contract, all causing an outrageous intentional Abuse of Process against

Kirkland: 4:11-CV-3902 TMP

338

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

339

Plaintiff, a reckless disregard even with malice against Plaintiffs Rights pursuant to and under Title 42 U.S.C. 1983 et seq., 1981, 1982, 1985, Title 18 242, and 241. 1205. PLAINTIFFS DEMAND FOR DAMAGES AGAINST CHRISTOPHER DUVALL Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff against Christopher Duvall, is set out just before the beginning of COUNT 1 Private Nuisance against him, is applied here as though the same were fully set forth herein. CHRISTOPHER DUVALL COUNT 16. FRAUD UPON THE COURT 1206. Plaintiff incorporates herein by reference at all times relevant to this Complaint, Defendant was acting under the authorities of pursuant to and under 42 U.S.C. 1983 et seq., 1985 et seq., 1981 et seq., and 1982, 18 U.S.C. 242., 241, to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1) through (340), directly as its total description was mostly all joined, caused, and or is attributable to Defendant No.3, Christopher Duvalls unlawful actions to Plaintiffs Sixteenth Cause of Action against him (Count 16) as though the same were fully set forth herein. 1207. Christopher Duvall originated harassing actions joined with Defendant Chuck Van Etten, had a meeting of the minds and conspired
Kirkland: 4:11-CV-3902 TMP 339 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

340

to continue, devise and elevate all various ways to harass, intimidate, harm Plaintiff. 1208. Christopher Duvall by use of City-County Attorneys joined in combined Conspiracy with the other Defendants granting Duvall access, use, or protection from other Attorneys for Brenda Barnes Bank CEO of / and the power of Peoples State Bank of Commerce effected - corrupted the entire Marshall County Circuit Court proceedings by Defendant Brenda Barnes and her attorneys, joined with co-conspirators attorneys, City, County, and State Prosecutors all on board the Railroading Train, (the past up to the current grant of DE NOVO TRIAL) has all been corrupted against Plaintiff. 1209. Christopher Duvall gave perjured testimony, false witnesses or so-called (exhibits of evidence), to the Marshall County Court, is false fraudulent evidence that the court went by to order past Court Judgment against Plaintiff. 1210. Christopher Duvall fabricated a false claim to City-County Prosecuting Attorneys that further advanced his perjured testimony and fraudulent evidence to a product of material misrepresentations by this Defendants own attorneys to support Christopher Duvalls fraudulent opposition and fraud against Plaintiff. 1211. Christopher Duvalls had reason to protect himself from discovery becoming known of his harassment and Fraud against Plaintiff. 1212. Christopher Duvall already engaged in conspiracy to defraud Plaintiff out of a portion her land, run Plaintiff off her own land, and

Kirkland: 4:11-CV-3902 TMP

340

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

341

not wanting to get caught, discovery of his actions becoming found out before a Jury, needed to silence Plaintiff. 1213. Christopher Duvalls use of the City- County Attorneys perpetrated a continuous and pervasive pattern scheme of a fraudulently imposed criminal charge, going to repeated arrests of Plaintiff, interfering with Plaintiffs ability to obtain her right to justice in the Marshall County Court. 1214. Christopher Duvalls use to City-County Attorneys proceeded, DID commit acts to prevent Plaintiff from fully and fairly presenting her case or defense, circumvented Plaintiff from receiving due process provided under the Law of the U.S. Constitution. 1215. Christopher Duvall with use of City-County Attorneys further concocted an unconscionable scheme calculated to impair the court's ability fairly and impartially to adjudicate this dispute constitutionally or lawfully, to wit; continually arresting Plaintiff, strain her financial abilities to bond out, prevent Plaintiff from maintaining her libertyfreedom, or remain financially unstable otherwise, grab all of Plaintiffs prime real estate land, make big money, effect a cover-up, destroy Plaintiffs reputation and credit, get rid of Plaintiff altogether, as to circumvent Plaintiff from obtaining fair Jury Trial in any court of law. 1216. Consequently, Plaintiff is complaining her Rights to a fair Trial have been usurped not only by the opposition and Fraud committed against Plaintiff by Christopher Duvall, but Duvall having instigated the origin beginnings of the Conspiracy, Christopher Duvall joining further to combined actions by other Defendants Chuck Van Etten and Brenda Barnes as co-conspirators, but furthered by the outrageous attorney
Kirkland: 4:11-CV-3902 TMP 341 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

342

misconduct of Brenda Barnes attorneys, joined with other Defendants own attorneys since they worked hand and hand to ensure the legal and business agenda of their opposition were affirmed; albeit based on fraud, coercion, Bank Fraud, deceit, in a joined conspiracy, went on carried by Peoples State Bank, Brenda Barnes attorneys having full knowledge of Brenda Barnes unlawful acts to manipulate, to misleading the Court. 1217. Christopher Duvalls use of City-County Attorneys failed to identify, verify, or mention Duvalls known past records status in evidence before the Marshall County Court. Attorneys had full knowledge of these facts, or should have known, failing to disclose this information to the Court. 1218. Christopher Duvall, and /or through City-County Attorneys joined with other Defendants by filing a criminal charge against Plaintiff, stating Plaintiff was guilty of filed false documents against Christopher Duvall and Defendants. 1219. Attorneys for Christopher Duvall, nor the other joined Defendants attorneys, ever explained the (nature) of the criminal charge, to certain blatant professional misconduct, where they are acting within their insight to be fully aware of the foreseeability to their proximate-cause how their conduct was affecting the Plaintiffs constitutional Rights. 1220. Christopher Duvalls attorneys, (officers of the court) committing fraud upon the court directed to the Marshall County judicial machinery itself, intentionally false, willfully and wanton to concealment, to omission failing in disclosing the truth, or was in reckless disregard for the truth, DID deceive the court against Plaintiff.
Kirkland: 4:11-CV-3902 TMP 342 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

343

1221. Christopher Duvalls attorneys direct involved knowledge of these true facts, or should have known, kept under concealment from the Court, is very obviously seen in the Marshall County Court Record itself providing evidence in answer to their committed Fraud to the Court, whereby there are no signs, no evidence of Plaintiff afforded Due Process or Jury Trial at all in the Marshall Court Record whatsoever. NONE. 1222. Therein shown, Judges Tim Jolley, Tim Riley, Howard Hawk became instrumental in the process and denied Plaintiff from receiving any due process of law in the Marshall County Circuit Court. NONE. 1223. Christopher Duvalls attorneys improper influence exerted to the Court in desecration of Plaintiff achieving anything close or meaningful to her constitutional Rights, perverted the law and court authority against Plaintiff, misapplied their power by sabotaging and undermining Plaintiffs legal position during the proceedings, Christopher Duvalls attorneys willfully acted to prevent the Plaintiff of her right to receive a fair and impartial trial, where she could have prevailed. 1224. Plaintiff was charged with a criminal felony charges, yet no Jury was summoned? 1225. Marshall County Court failed to get a Conviction by Jury Verdict as Plaintiff was arrested on a criminal charge. 1226. Therein, Christopher Duvall filed the (false document) criminal charge against Plaintiff that then caused Plaintiff to be repeatedly arrested, getting Plaintiff out of Christopher Duvalls way to manipulate the Court to his advantage.
Kirkland: 4:11-CV-3902 TMP 343 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

344

1227. Plaintiff suffering repeated arrests, continuous harassing threats, was effectively removed from Court proceedings, kept out of the Court proceedings, where Plaintiff was not present during these proceedings, where for Plaintiff to show up meant arrest again. 1228. Attorneys for Christopher Duvall with a dialog contact to the other Defendants attorneys were therein motivated, corrupted to perform a cover-up of the truth of facts, influenced the judges further, judges persuaded therein not performing their constitutional judicial function, Christopher Duvalls attorneys embraced and defiled the court itself, so that the judicial machinery did not perform in the impartial duty of allowing Plaintiff her due process to Jury Trial, or anything meaningful or close to it, choosing to move the Court in ex parte communication to judgment. 1229. Thereby, Christopher Duvalls attorneys knowing the truth, also became the causational result of such professional misconduct knowingly to pervert the law and Court proceedings against Plaintiff that with certainty, the matter of legal right of ownership of Plaintiffs property would have been expediently decided in Plaintiffs favor before a Jury; if not but for the extreme - outrageous professional misconduct of these attorneys and Christopher Duvall by fabricated false claims, fraud, deceit, with perjured testimony-Affidavits, joined with the judges, who manipulated the Court proceedings to (ex parte judgment) in their favor. 1230. PLAINTIFF, therein was damaged as a result of Christopher Duvall committing actions in a conspiracy causing extreme violations

Kirkland: 4:11-CV-3902 TMP

344

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

345

of the Plaintiffs constitutional Rights, Contract Rights, Property Rights, intentional torts to a malicious prosecution, Plaintiff was therein damaged by physical arrest, to a false imprisonment, loss of liberty, loss of land, loss of car, loss of other property, made to suffer extreme financial loss, financial damage and hardship, physical pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, resulting in severe Duress and deprivation of society with her family as a result. 1231. Therefore, Christopher Duvall and Attorneys for Christopher Duvall joining in committing a Fraud Upon The Court, by omission, concealment, suppression of evidence with Fraud, Perjury, causing Plaintiff substantial contractual financial damage to a Breach of Contract, loss of land and enjoyment of property, causing false arrestfalse imprisonment, substantial to extreme constitutional Rights violations, under attack to a complete lack of Due Process, Equal Protection and substantial Torts all going against Plaintiff, using the Peoples State Bank Power, made fraudulent banking accusations against Plaintiff, utilizing Marshall Countys prosecuting Power, to the Court Judges, contacted County Sheriff Scott Walls, Sheriff Deputies & local Police of Grant utilized, Marshall County Prosecuting Attorney to the Alabama State Attorney Generals Power, Marshall County Political Power to destroy Plaintiff thereby resulting in severe Duress caused to Plaintiff, psychological trauma, physical pain, severe financial loss, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, and deprivation of society with her family as a result, all in violation of and pursuant to U.S.C. Title 42 1983 et seq. 1981, 1982, Title 18 U.S.C. 242, 241 conspiracy, violations by and under 1985 Conspiracy.

Kirkland: 4:11-CV-3902 TMP

345

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

346

1232.

PLAINTIFFS DEMAND FOR DAMAGES AGAINST CHRISTOPHER DUVALL Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff against Christopher Duvall, is set out just before the beginning of COUNT 1 Private Nuisance against him, is applied here as though the same were fully set forth herein. CHRISTOPHER DUVALL COUNT 17. INTENTIONAL MISCONDUCT 1233. Plaintiff incorporates herein by reference at all times relevant to this Complaint, was acting under the authorities of pursuant to and under 42 U.S.C. 1983 et seq., 1985 et seq., 1981 and 1982 et seq.,18 U.S.C. 242., 241, to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1) through (347), directly as its total description was mostly all joined, caused, and or is attributable to Defendant No.3, Christopher Duvalls unlawful actions to Plaintiffs Seventeenth Cause of Action against him (Count 17) as though the same were fully set forth herein. 1234. Christopher Duvall is shown as set out in evidence to the Court, that he joined into a combined cunning and planned Conspiracy against the Plaintiff. 1235. Christopher Duvalls flirtatious advances rejected by Plaintiff, Duvall in retaliation, set out to permanently silence-get rid of Plaintiff
Kirkland: 4:11-CV-3902 TMP 346 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

347

altogether and for further exposing Duvall engaged in various unlawful stalking, harassments, committing actual physical property damage and to certain numerous torts committed against Plaintiff to authorities or the Court. 1236.Therein, Christopher Duvall is at fault by intentionally committing the overt acts himself, personally involved in / of misleading the Court by his fraud, deceit, omissions, concealment, suppression of evidence, further perjured himself in false testimony with the particular state of mind going to harm-injure, silence Plaintiff. 1237. Christopher Duvall DID commit Fraud Upon the Court to a forced Court Abuse of Process and a Malicious Prosecution against Plaintiff. 1238. Christopher Duvall had motive for his conduct, as to extract revenge against Plaintiff for filing Court Complaint and lien against Duvall in Plaintiffs defense of her rightful property. 1239. Christopher Duvall sought to wield out verbal assault, damage to her property, theft, punishment, with malice against the Plaintiff, and DID SO. 1240. Christopher Duvall maliciously set out, clearly has demonstrated his desire to cause certain immediate severe harmful consequences to Plaintiff resulting in of which, he personally intended or knew would be substantially certain to occur against Plaintiff. 1241. Christopher Duvall as only an OCCUPANT Renter next door, unlawfully usurped and invaded Plaintiffs protected interest in her Mortgage Contract to her lawfully held land property with Trust Deed
Kirkland: 4:11-CV-3902 TMP 347 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

348

and now Land Patent, maintaining he himself had some rightful possession and use to a portion of Plaintiffs property and DID SO. 1242. Christopher Duvall invaded Plaintiffs protected interest in her Contract Rights, and Plaintiffs Right to Contract. 1243. Christopher Duvall invaded Plaintiffs protected interests to all of Plaintiffs Constitutional Rights protections. 1244. Christopher Duvall invaded Plaintiffs protected interests to all of Plaintiffs guaranteed Due Process by Law. 1245. Christopher Duvall invaded Plaintiffs protected interests to her Right to Liberty, as Plaintiff has suffered four repeated false arrests, false imprisonments, currently is STILL jeopardized by fraudulent defective Arrest Warrant, caused by Duvall. 1246. Christopher Duvall wrongfully, intentionally violating- adding to, harming Plaintiffs enjoyment to / or having any peace or tranquility of Plaintiffs property. 1247. Therein, Christopher Duvall was well aware, his conduct culpable and certainly knew, consequences of his acts in the light of the surrounding circumstances would substantially harm causing Damage to Plaintiff. 1248. PLAINTIFF, therein was damaged as a result of Christopher Duvall committing actions by Intentional Misconduct in joined conspiracy causing extreme violations of the Plaintiffs constitutional Rights, Contract Rights, Property Rights, intentional torts to a malicious
Kirkland: 4:11-CV-3902 TMP 348 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

349

prosecution, Plaintiff was therein damaged by physical arrest, to a false imprisonment, loss of liberty, loss of land, loss of car, loss of other property, made to suffer extreme financial loss, financial damage and hardship, physical pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, resulting in severe Duress and deprivation of society with her family as a result. 1249. Therefore, Christopher Duvall committed Intentional Misconduct, furthered joining in Conspiracy causing Plaintiff substantial contractual financial damage to a Breach of Contract, loss of land and enjoyment of property, causing false arrest-false imprisonment, substantial constitutional Rights violations, under attack to a complete lack of Due Process, Equal Protection and substantial Torts all going against Plaintiff, using the Peoples State Bank Power, made fraudulent banking accusations against Plaintiff, utilizing Marshall Countys prosecuting Power, to the Court Judges, contacted County Sheriff Scott Walls, Sheriff Deputies & local Police of Grant utilized, Marshall County Prosecuting Attorney to the Alabama State Attorney Generals Power, Marshall County Political Power, by Breach of Contract, omissions, concealment, suppression of evidence with Fraud, Perjury, going to a Malicious Prosecution with complete Abuse of Process, putting Plaintiff under the Jail, all in violation of and pursuant to U.S.C. Title 42 1983 et seq. 1981, 1982, Title 18 U.S.C. 242, 241 conspiracy, violations by and under 1985 Conspiracy. 1250. PLAINTIFFS DEMAND FOR DAMAGES AGAINST CHRISTOPHER DUVALL Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff
Kirkland: 4:11-CV-3902 TMP 349 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

350

against Christopher Duvall, is set out just before the beginning of COUNT 1 Private Nuisance against him, is applied here as though the same were fully set forth herein. CHRISTOPHER DUVALL COUNT 18. INTERFERENCE WITH EXISTING CONTRACT 1251. Plaintiff incorporates herein by reference at all times relevant to this Complaint, was acting under the authorities of pursuant to and under 42 U.S.C. 1983 et seq., 1985 et seq., 1981 and 1982 et seq., 18 U.S.C. 242., 241, to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1) through (351), directly as its total description was mostly all joined, caused, and or is attributable to Defendant No.3, Christopher Duvalls unlawful actions to Plaintiffs Eighteenth Cause of Action against him (Count 18) as though the same were fully set forth herein. 1252. Plaintiff Donna Jo Kirkland and Brenda Barnes CEO/ Peoples State Bank of Commerce have had a written Contract Agreement Property Mortgage Contract in place for over 18 years. 1253. Brenda Barnes CEO of Peoples State Bank Of Commerce made the Mortgage Contract Agreement with Plaintiff to the Bank with an acceptance, a consideration, by legal capacity, an intent of the parties to contract (objective meeting of the minds), and lawful object, to land property purchase to own.

Kirkland: 4:11-CV-3902 TMP

350

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

351

1254. To wit; Plaintiff is holding a lawful Trust Deed, a Land Patent, and filed a Re-Conveyance to the Marshall County Probate Court to this property of land in dispute located at, Address: 2756 Cathedral Caverns Highway in Town of Grant, Alabama 35747. 1255. Christopher Duvall has argued to Town of Grant City Attorney Dan Warnes, and / or the Marshall County Court to some form of unlawful or fraudulent rhetoric to having actual ownership of and the taking of a portion of Plaintiffs / Banks land property by adverse possession against the Banks Mortgage Title Deed, to Plaintiffs rightful ownership in a Trust Deed with the Bank. 1256. Christopher Duvall himself has pulled up original survey marker rebar pins to Plaintiffs property, torn down property line fences, and actually physically encroached onto Plaintiffs property stating he has the right to approximately some 50 feet inside Plaintiffs property for his own personal use. 1257. Christopher Duvall IS NOT the next door property owner, with NO legal entitlement to make such decisions-declarations, or claim, as he is only an OCCUPANT- RENTER, trespassing onto Plaintiffs lawfully owned land. 1258. Christopher Duvalls argument of adverse possession is not a superior right in the subject matter to that over the other parties, the Bank Mortgage Title Plaintiffs Trust Deed. 1259. Therein, any dispute over rightful ownership to property boundary survey markers goes to the origin of description on the original historical Title Deeds maintained in the County Land Records.
Kirkland: 4:11-CV-3902 TMP 351 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

352

1260. Despite true lawful ownership between Plaintiff and Bank, Christopher Duvall helped himself to moving original survey markers, taking a portion of Plaintiffs Banks land by aggressive physical force with removing Plaintiffs property line fence putting it up for sale. 1261. Christopher Duvall has no lawful entitlement to Plaintiffs land based on such acts of adverse possession, is only an interfering third party, not privy or joined to Plaintiffs lawful Contract. 1262. Christopher Duvall works- contracts with the Town of Grant Police Department and was using Grant Police and the City Attorney Dan Warnes to do his unlawful bidding against Plaintiff, (conflict of interest). 1263. Christopher Duvalls actions conspired with Chuck Van Etten against Plaintiff certainly then fired up Bank CEO Brenda Barnes to join the Conspiracy against Plaintiff as well bringing an avalanched mountain of harm down on Plaintiff where the Bank had an interest at stake. 1264. Therein, Christopher Duvalls combined acts are in evidence sufficient as the foundation of Plaintiffs Complaint action against him for procuring an interfering breach or unlawful encroachment against Plaintiffs physical land property, and proximate cause to tortious interference in Plaintiffs Mortgage Contract Agreement caused Plaintiff where she must still endure and defend her true lawful ownership in her land and property . 1265. PLAINTIFF, therein was damaged as a result of Christopher Duvall committing actions to cause Interference with Existing Contract in
Kirkland: 4:11-CV-3902 TMP 352 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

353

a joined conspiracy causing extreme violations of the Plaintiffs constitutional Rights, Contract Rights, Property Rights, intentional torts to a malicious prosecution, Plaintiff was therein damaged by physical arrest, to a false imprisonment, loss of liberty, loss of land, loss of car, loss of other property, made to suffer extreme financial loss, financial damage and hardship, physical pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, resulting in severe Duress and deprivation of society with her family as a result. 1266. Therefore, Christopher Duvall by Interference With Existing Contract, joining in Conspiracy causing Plaintiff substantial contractual financial damage to a Breach of Contract, loss of land and enjoyment of property, causing false arrest-false imprisonment, substantial constitutional Rights violations, under attack to a complete lack of Due Process, Equal Protection and substantial Torts all going against Plaintiff, using the Peoples State Bank Power, made fraudulent banking accusations against Plaintiff, utilizing Marshall Countys prosecuting Power, to the Court Judges, contacted County Sheriff Scott Walls, Sheriff Deputies & local Police of Grant utilized, Marshall County Prosecuting Attorney to the Alabama State Attorney Generals Power, Marshall County Political Power, going-leading to a Breach of Contract, omissions, concealment, suppression of evidence with Fraud, Perjury, going to a Malicious Prosecution with complete Abuse of Process, putting Plaintiff under the Jail, all in violation of and pursuant to U.S.C. Title 42 1983 et seq. 1981, 1982, Title 18 U.S.C. 242, 241 conspiracy, violations by and under 1985 Conspiracy. 1267. PLAINTIFFS DEMAND FOR DAMAGES

Kirkland: 4:11-CV-3902 TMP

353

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

354

AGAINST CHRISTOPHER DUVALL Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff against Christopher Duvall, is set out just before the beginning of COUNT 1 Private Nuisance against him, is applied here as though the same were fully set forth herein. CHRISTOPHER DUVALL COUNT 19. BILL TO QUIET TITLE 1268. Plaintiff incorporates herein by reference at all times relevant to this Complaint Defendant was acting under the authorities of and pursuant to and under 42 U.S.C. 1983 et seq., 1985 et seq., 1981 and 1982 et seq.,18 U.S.C. 242., 241, to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1) through (355), directly as its total description was all joined, caused, and or is attributable to Defendant No.3, Christopher Duvalls unlawful actions to Plaintiffs Nineteenth Cause of Action against him (Count 19) as though the same were fully set forth herein. 1269. Christopher Duvall has actively sought to harass, intimidate, bully, scare Plaintiff off her property since he moved in to the next door house and property as an OCCUPANT-RENTER since August of 2004. 1270. Christopher Duvall was seeking City Attorney Dan Warnes to acquire a portion of some 50 feet of Plaintiffs lawfully owned land for Duvalls own personal use.
Kirkland: 4:11-CV-3902 TMP 354 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

355

1271. Christopher Duvall then DID by unlawful force, physically remove original survey rebar pins from the ground, knocked down and removed-stole Plaintiffs property boundary fences, taking them away to trash permanently or sell as salvage. 1272. Christopher Duvall DID trespass- encroach onto Plaintiffs property taking some 50 feet for his own possession and use as if he owned it against the Plaintiffs lawful Trust Deed and Land Patent. 1273. Plaintiff Donna Jo Kirkland and Brenda Barnes CEO/ Peoples State Bank of Commerce have had a written Contract Agreement Property Mortgage Contract in place for over 18 years. 1274. Brenda Barnes CEO of Peoples State Bank Of Commerce made the Mortgage Contract Agreement with Plaintiff to the Bank with an acceptance, a consideration, by legal capacity, an intent of the parties to contract (objective meeting of the minds), and lawful object, to land property purchase to own. 1275. To wit; Plaintiff is holding a lawful Trust Deed and Land Patent, and has filed Re-Conveyance to this property of land in dispute with the Bank located at, Address: 2756 Cathedral Caverns Highway in Town of Grant, Alabama 35747. 1276. To wit; Plaintiff is holding a lawful Land Patent to her property she owns outright free & clear located at, Address: 3004 Cathedral Caverns Highway in Town of Grant, Alabama 35747.

Kirkland: 4:11-CV-3902 TMP

355

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

356

1277. Plaintiffs property was last surveyed in 1994, and has been lawfully recorded to County land records as to the origin of rightful Title Deed boundary lines marked to boundary pins. 1278. Therein, ownership (Title) of Plaintiffs parcel of land has no defect in some fashion, nor is Title to the property ambiguous. 1279. Plaintiff further brings her 42 1983 Complaint and this Count to Quiet Title action brought to dispel any restraint on alienation, adverse possession, fraudulent conveyance, taxes owed, boundary dispute, surveying error, known claim, title defect, perceived defect or any other party's claim of a non-possessory interest in her land, such as Plaintiff has been in direct contact possession of the land, living-working on the land every day for over 18 years. 1280. Plaintiff has maintained a superior controlling Trust Deed with Peoples State Bank of Commerce for 18 years and now has a Land Patent on this property which can not be in dispute. 1281. Plaintiff maintains clear and free ownership of described property. 1282. PLAINTIFF, therein was damaged as a result of Christopher Duvall committing actions to an encroachment of Plaintiffs property by only sheer violent physical force actually running Plaintiff off her own property by force and threat to harm Plaintiff, in a conspiracy causing extreme violations of the Plaintiffs constitutional Rights, Contract Rights, Property Rights, intentional torts to a malicious prosecution, Plaintiff was therein damaged by physical arrest, to a false imprisonment, loss of liberty, damage to land, loss of land, loss of car, loss of other property, made to suffer extreme financial loss, financial
Kirkland: 4:11-CV-3902 TMP 356 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

357

damage and hardship, physical pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, resulting in severe Duress and deprivation of society with her family as a result. 1283. Therefore, Christopher Duvall DID commit unlawful trespass to illegal encroachment upon Plaintiffs land property effecting Plaintiffs Title, joining in Conspiracy causing Plaintiff substantial contractual financial damage to a Breach of Contract, loss of land and enjoyment of property, causing false arrest-false imprisonment, substantial constitutional Rights violations, under attack to a complete lack of Due Process, Equal Protection and substantial Torts all going against Plaintiff, using the Peoples State Bank Power, made fraudulent banking accusations against Plaintiff, utilizing Marshall Countys prosecuting Power, to the Court Judges, contacted County Sheriff Scott Walls, Sheriff Deputies & local Police of Grant utilized, Marshall County Prosecuting Attorney to the Alabama State Attorney Generals Power, Marshall County Political Power by a Breach of Contract, Omission, concealment, suppression of evidence with Fraud, Perjury, going to a Malicious Prosecution with complete Abuse of Process, putting Plaintiff under the Jail, all in violation of and pursuant to U.S.C. Title 42 1983 et seq. 1981, 1982, Title 18 U.S.C. 242, 241 conspiracy, violations by and under 1985 Conspiracy. 1284. PLAINTIFFS DEMAND FOR DAMAGES AGAINST CHRISTOPHER DUVALL Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff against Christopher Duvall, is set out just before the beginning of

Kirkland: 4:11-CV-3902 TMP

357

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

358

COUNT 1 Private Nuisance against him, is applied here as though the same were fully set forth herein. CHRISTOPHER DUVALL COUNT 20. EJECTMENT 1285. Plaintiff incorporates herein by reference at all times relevant to this Complaint, Defendant was acting under the authorities of pursuant to and under 42 U.S.C. 1983 et seq., 1985 et seq., 1981 and 1982 et seq.,18 U.S.C. 242., 241, to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1) through (359), directly as its total description was mostly all joined, caused, and or is attributable to Defendant No.3, Christopher Duvalls unlawful actions to Plaintiffs Twentieth Cause of Action against him (Count 20) as though the same were fully set forth herein. 1286. Plaintiff states a cause of Ejectment for expulsion against Christopher Duvall from his occupied position by violent physical force unto the Plaintiffs lawfully owned property. 1287. Christopher Duvall has declared he somehow owns and has legal entitlement to encroach upon Plaintiffs lawfully own property actually taking a portion of some 50 feet upon Plaintiffs land. 1288. Christopher Duvall DID violently-physically pull down Plaintiffs property line fences, loading them up on his utility trailer hauling them

Kirkland: 4:11-CV-3902 TMP

358

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

359

away permanently to trash or sell as salvage. 1289. Christopher Duvall pulled up-removed original survey rebar boundary line marker pins. 1290. Christopher Duvall DID take possession and use of this portion of Plaintiffs land described by physical and violent force, intimidating Plaintiff to do anything about it. 1291. Plaintiff, in order to establish her lawful Trust Deeds, Land Patents, Titles to her lawfully owned properties against Christopher Duvall, anyone and everyone coming against her properties, and thus "quiet" any challenges or claims to her Title, this legal action is "brought to remove any such cloud on the title and / or his wrongful- illegal violent forced occupation" so that Plaintiff may forever be free of claims against these properties Plaintiff lawfully owns. 1292. Plaintiff Donna Jo Kirkland and Brenda Barnes CEO/ Peoples State Bank of Commerce have had a written Contract Agreement Property Mortgage Contract in place for over 18 years. 1293. Brenda Barnes CEO of Peoples State Bank Of Commerce made the Mortgage Contract Agreement with Plaintiff to the Bank with an acceptance, a consideration, by legal capacity, an intent of the parties to contract (objective meeting of the minds), and lawful object, to land property purchase to own. 1294. To wit; Plaintiff is holding a lawful Trust Deed and Land Patent to this property of land in dispute with Bank and encroachment

Kirkland: 4:11-CV-3902 TMP

359

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

360

committed by Christopher Duvall located at, Address: 2756 Cathedral Caverns Highway in Town of Grant, Alabama 35747. 1295. To wit; Plaintiff is also holding another property by lawful Land Patent to her Home and property Plaintiff owns outright free & clear NOT in dispute with the Bank, BUT rather Christopher Duvalls encroachment located at, Address: 3004 Cathedral Caverns Highway in Town of Grant, Alabama 35747. 1296. Plaintiffs legal descriptions of her property, Trust Deeds, Land Patents have already been submitted-filed to the Federal Court into evidence exhibits. 1297. Therein, Christopher Duvall has taken wrongful dispossession putting out, actually running the Plaintiff off her lawfully owned property forcing the Plaintiff out of the premises by violent acts to physical destruction of property and threats to injure Plaintiff, subjecting her to fabricated false claims, fraud, perjury to the Marshall County Court. 1298. Plaintiff was driven off and away from her own Home by Christopher Duvalls intentional criminal acts, torts against Plaintiff, where she has had to flee for her personal physical safety. 1299. Plaintiff must bring this Complaint lawsuit, JUST to GO HOME, to be left alone in peace, and to regain her lawful-rightful possession. 1300. As a result, Plaintiff claims damages from the withholding of Plaintiffs lawful land possession from her by sheer violence, property

Kirkland: 4:11-CV-3902 TMP

360

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

361

damages, and verbal-physical threat to harm Plaintiff caused by acts or actions committed against Plaintiff by Christopher Duvall. 1301. Plaintiff claims the value of loss to enjoyment of her land, and to loss for disrupted plans for this land use to future profits. 1302. Plaintiff claims the measure of damages for the wrongful takingoccupation of her property including to the preceding five years prior to the time of this commencement of Complaint action as the Court shall find. 1303. Plaintiff claims the Cost of repair and restoration of the property to its original condition and; 1304. Plaintiff claims the costs she has incurred of recovering possession, stated following in Plaintiffs claim to Special Damages: 1305. PLAINTIFF, therein was damaged as a result of Christopher Duvall committing actions illegally-unlawfully encroaching upon Plaintiffs own land property to justify this action for Ejectment against him, further joined in a conspiracy causing extreme violations of the Plaintiffs constitutional Rights, Contract Rights, Property Rights, intentional torts to a malicious prosecution, Plaintiff was therein damaged by physical arrest, to a false imprisonment, loss of her liberty, loss of land, loss of car, loss of other property, made to suffer extreme financial loss, financial damage and hardship, physical pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, resulting in severe Duress and deprivation of society with her family as a result.

Kirkland: 4:11-CV-3902 TMP

361

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

362

1306. Therefore, Christopher Duvall causing severe violations of Trespass, Private Nuisance, to Plaintiffs Property Rights, Contract Rights, constitutional Rights pursuant to 42 U.S.C. 1981, 1982, and 1983 and a further Conspiracy Against Rights in violation of the U.S. Constitution and Federal Statute 18 U.S.C. 241 conspiracy, 18 U.S.C. 242 Deprivation of Rights against Plaintiff, joining in Title 42 U.S.C. 1985 et seq., Conspiracy causing Plaintiff substantial violations of Plaintiffs Constitutional Rights, substantial contractual financial damage to a Breach of Contract, loss of land and enjoyment of property, causing false arrest-false imprisonment, loss of liberty, under attack to a complete lack of Due Process, Equal Protection and substantial Torts all going against Plaintiff, using the Peoples State Bank Power, made fraudulent banking accusations against Plaintiff, utilizing Marshall Countys prosecuting Power, to the Court Judges, contacted County Sheriff Scott Walls, Sheriff Deputies & local Police of Grant utilized, Marshall County Prosecuting Attorney to the Alabama State Attorney Generals Power, Marshall County Political Power by Breach of Contracts, Omissions, concealments, suppression of evidence with Fraud, Perjury, going to a Malicious Prosecution with complete Abuse of Process, putting Plaintiff under the Jail, all in violation of and pursuant to U.S.C. Title 42 1983 et seq., 1981, 1982, Title 18 U.S.C. 242, 241 conspiracy, violations by and under 42 U.S.C. 1985 Conspiracy. 1307. PLAINTIFFS DEMAND FOR DAMAGES AGAINST CHRISTOPHER DUVALL Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff against Christopher Duvall, is set out just before the beginning of COUNT 1 Private Nuisance against him, is applied here as though
Kirkland: 4:11-CV-3902 TMP 362 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

363

the same were fully set forth herein. CHRISTOPHER DUVALL COUNT 21. FALSE INSTRUMENT FORGERY 1308. Plaintiff incorporates herein by reference at all times relevant to this Complaint, Defendant was acting under the authorities of pursuant to and under 42 U.S.C. 1983 et seq., 1985 et seq., 1981 and 1982 et seq.,18 U.S.C. 242., 241, to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1) through (363), directly as its total description was mostly all joined, caused, and or is attributable to Defendant No.3, Christopher Duvalls unlawful actions to Plaintiffs Twenty First Cause of Action against him (Count 21) as though the same were fully set forth herein. 1309. Christopher Duvall has committed Fraud upon the Court, made false claims, falsified affidavits, fraudulent statements, testimony, omissions, concealment, suppression of evidence extremely harmful and untruthful against the Plaintiff to the Marshall County Court under sworn Oath. 1310. Therein, Christopher Duvall is directly accountable-liable to initiating, causing, joining in conspiracy to the other Defendants, to all corrupted fraudulent Court process committed against Plaintiff. 1311. Plaintiff has recently acquired a couple of copies of Marshall County Court Arrest Warrants filed-served against her, and noticed
Kirkland: 4:11-CV-3902 TMP 363 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

364

some very particular, peculiar oddities on the face of these Warrants. 1312. These Arrest Warrants dont appear uniformed, appear to be signed by Court Clerks, and others, - Not signed by a judge in violation of Alabama Code 15-7- 4, that holds Warrants must be signed by a Judge. 1313. Court Clerks do not decide law, do not have lawful authority to determine the application of especially a criminal charge and then also issue an Arrest Warrant for the same. 1314. If this is apparently the case, then these Court Clerks are engaged in adjudication of law, determining procedures of the law, practicing law without a license made under Oath to the U.S. Constitution, just the tip of implications where this may go for probable cause to apply criminal felony charges by Federal Prosecution to Civil liability. 1315. Therein these Marshall County Court Arrest Warrants further clearly demonstrate the fraudulent corrupt nature of what has been occurring unlawfully-unconstitutionally to and against Plaintiff. 1316. Although a Marshall County Court Clerk has signed and executed the Arrest Warrant in her own name, the Clerk is guilty of making a false instrument, as it is found false in material part and was calculated to induce and DID induce the Sheriff, the Deputies, and Plaintiff to give credit to it as genuine and authentic when the instrument is not in fact what it purports to be (a lawful Warrant), when in-fact, it is Fraud, by a False Instrument.

Kirkland: 4:11-CV-3902 TMP

364

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

365

1317. These Marshall County Arrest Warrants signed by Court Clerks, is the procuring of a genuine signature to an instrument by fraudulent representations or omissions constitutes forgery. 1318. These Marshall County Arrest Warrants are sufficient where the Warrant purports or appears to be legally valid, thus, the signing of the Clerks signature to the instrument with the intent to defraud constitutes the crime of forgery. 1319. These Marshall County Arrest Warrants are with fraudulent authority under Color of State Law, falsely made, altered, and a part of a writing which would, if genuine, impose a legal liability on Plaintiff or change Plaintiffs legal right or liability. 1320. The Court Clerks false making -altering was with the intent to defraud, where the Arrest Warrants have the ability to defraud and is of legal efficacy with the intent to defraud. 1321. These Arrest Warrants look genuine where the Sheriff, Deputies actually relied on this forged instrument. 1322. The cause and effect being, Plaintiff suffered False Arrest (4) four times and put in the Marshall County Jail. 1323. Therefore, Christopher Duvall is accountable-liable to instigating, procuring Court Clerks to causing this misappropriation of fraudulent, unlawfully defective Arrest Warrants being issued against Plaintiff, Christopher Duvall guilty of false instrument forgery where he procured its commission by omissions, to falsified testimony to an Affidavit sworn under Oath.
Kirkland: 4:11-CV-3902 TMP 365 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

366

1324. Christopher Duvall knew at such time that the Arrest Warrants had been falsely made, ignoring that fact in furtherance for his conspiratorial joined cover-up to effectively Silence Plaintiff for his financial monetary gains. 1325. PLAINTIFF, therein was damaged as a result of Christopher Duvall committing actions by False Instrument Forgery, with fabricated false claim, then with Perjury to the same, in a conspiracy causing extreme violations of the Plaintiffs constitutional Rights, Contract Rights, Property Rights, intentional torts to a malicious prosecution, Plaintiff was therein damaged by physical arrest, to a false imprisonment, loss of liberty, loss of land, loss of car, loss of other property, made to suffer extreme financial loss, financial damage and hardship, physical pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, resulting in severe Duress and deprivation of society with her family as a result. 1326. Therefore, Christopher Duvall effectively causing False Instrument Forgery Court process against Plaintiff, joining in Conspiracy causing Plaintiff substantial contractual financial damage to a Breach of Contract, loss of land and enjoyment of property, causing false arrest-false imprisonment, substantial constitutional Rights violations, under attack to a complete lack of Due Process, Equal Protection and substantial Torts all going against Plaintiff, using the Peoples State Bank Power, made fraudulent banking accusations against Plaintiff, utilizing Marshall Countys prosecuting Power, to the Court Judges, contacted County Sheriff Scott Walls, Sheriff Deputies & local Police of Grant utilized, Marshall County Prosecuting Attorney to the Alabama State Attorney Generals Power, Marshall County Political Power by Breach of Contract, Omission, concealment, suppression of
Kirkland: 4:11-CV-3902 TMP 366 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

367

evidence with Fraud, Perjury, going to a Malicious Prosecution with complete Abuse of Process, putting Plaintiff under the Jail, all in violation of and pursuant to U.S.C. Title 42 1983 et seq. 1981, 1982, Title 18 U.S.C. 242, 241 conspiracy, violations by and under 1985 Conspiracy. PLAINTIFFS DEMAND FOR DAMAGES AGAINST CHRISTOPHER DUVALL Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff against Christopher Duvall, is set out just before the beginning of COUNT 1 Private Nuisance against him, is applied here as though the same were fully set forth herein. CHRISTOPHER DUVALL COUNT 22. FALSE ARREST 1328. Plaintiff incorporates herein by reference at all times relevant to this Complaint, Defendant was acting under the authorities of pursuant to and under 42 U.S.C. 1983 et seq., 1985 et seq., 1981 and 1982 et seq.,18 U.S.C. 242., 241, to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1) through (368), directly as its total description was mostly all joined, caused, and or is attributable to Defendant No.3, Christopher Duvalls unlawful actions to Plaintiffs Twenty-second Cause of Action against him (Count 22) as though the same were fully set forth herein. 1327.

Kirkland: 4:11-CV-3902 TMP

367

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

368

1329. Christopher Duvall committed direct fabricated, false claims, to perjured testimony to the same, affidavits, statements, omissions, concealment, suppression of evidence to personally performed overt acts, in combined actions with others in a joined conspiracy and malicious prosecution all going to the Marshall County Court against Plaintiff under sworn Oath. 1330. Christopher Duvalls combined actions manipulating the Court into a malicious prosecution to an Abuse of Process, instigated fraudulent defective court process to Arrest Warrants being issued against Plaintiff. 1331. Fraudulent defective Arrest Warrants were issued against Plaintiff on alleged criminal charges without proper presentment or indictment to a crime committed by Plaintiff, a Fifth and Fourteenth Amendment violations . 1332. No proper Standing Witness Affidavit, no signed Jury Form, or lawful proper Warrant was acquired or presented. 1333. The alleged criminal charges to the (nature) was not explained, a 6th Amendment violation. 1334. Another criminal charge was a fabrication with false, fraudulent, perjured witnesses, without cross examination due process allowed to Plaintiff of these witnesses. Plaintiff was not even allowed to be physically present in the courtroom. A 5th, 6th , 14th, Amendments violations.

Kirkland: 4:11-CV-3902 TMP

368

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

369

1335. These Arrest Warrants apparently are not signed by the Judge required by Alabama Code 15-7- 4, without the authority of law. 1336. These Arrest Warrants are signed by Court Clerks and others which constitute False Instruments to Forgery, without the authority of law. 1337. Plaintiff therein suffered (4) four False Arrests by Marshall County Sheriff Deputies and taken each time to the Marshall County Jail where Plaintiff was further incarcerated for days at a time, a loss of liberty. 1338. Plaintiff as a result, suffered the loss of her liberty, taken into custody by physical armed force, against her will and the law, taken to the Marshall County Jail, suffering incarceration (4) four consecutive times, where circumstances to cause are found in violation of Plaintiffs Due Process, Equal Protection and against the 1st, 4th, 5th, 6th, 7th, 8th, 9th, 13th, 14th Amendments, charged with criminal charges without a Jury Trial Conviction. 1339. Plaintiff suffered firm physical detention hurting her arms tissue in recovery from cancer surgery, effected by further verbal threats in aggravated assaults by several Sheriff Deputies each time of arrest, the Plaintiff experiencing a just fear of injury to her person. 1340. Plaintiff was made to stand for hour handcuffed & shackled to a wall, then taken and stripped nude forced to stand in front of Police Officers and others for approximately 40 minutes, then sprayed with chemicals making her hair fall out, taken into solitary confinement, forced to sleep on a concrete slab for 5 days, then taken to another side
Kirkland: 4:11-CV-3902 TMP 369 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

370

room in Jail and ordered to sign some kind of release papers waiving her constitutional rights or else suffer worse summary judgment punishment . 1341. PLAINTIFF, therein was damaged as a result of Christopher Duvalls false Claims, falsified testimony to falsified Affidavits sworn under Oath to the Court causing False Arrests, committing actions in a conspiracy causing extreme violations of the Plaintiffs constitutional Rights, Contract Rights, Property Rights, intentional torts to a malicious prosecution, Plaintiff was therein damaged by physical arrest, to a false imprisonment, loss of liberty, loss of land, loss of car, loss of other property, made to suffer extreme financial loss, financial damage and hardship, physical pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, resulting in severe Duress and deprivation of society with her family as a result. 1342. Therefore, Christopher Duvall causing Plaintiff to sufferendure (4) four False Arrests with a malicious prosecution joining in Conspiracy causing Plaintiff substantial contractual financial damage to a Breach of Contract, loss of land and enjoyment of property, causing false arrest-false imprisonment, substantial constitutional Rights violations, under attack to a complete lack of Due Process, Equal Protection and substantial Torts all going against Plaintiff, using the Peoples State Bank Power, made fraudulent banking accusations against Plaintiff, utilizing Marshall Countys prosecuting Power, to the Court Judges, contacted County Sheriff Scott Walls, Sheriff Deputies & local Police of Grant utilized, Marshall County Prosecuting Attorney to the Alabama State Attorney Generals Power, Marshall County Political Power by Breach of Contract, Omission, concealment, suppression of evidence with Fraud, Perjury, going to a Malicious Prosecution with
Kirkland: 4:11-CV-3902 TMP 370 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

371

complete Abuse of Process, putting Plaintiff under the Jail, all in violation of and pursuant to U.S.C. Title 42 1983 et seq. 1981, 1982, Title 18 U.S.C. 242, 241 conspiracy, violations by and under 1985 Conspiracy. 1343. PLAINTIFFS DEMAND FOR DAMAGES AGAINST CHRISTOPHER DUVALL Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff against Christopher Duvall, is set out just before the beginning of COUNT 1 Private Nuisance against him, is applied here as though the same were fully set forth herein. CHRISTOPHER DUVALL COUNT 23. FALSE IMPRISONMENT 1344. Plaintiff incorporates herein by reference at all times relevant to this Complaint, Defendant was acting under the authorities of pursuant to and under 42 U.S.C. 1983 et seq., 1985 et seq., 1981 and 1982 et seq.,18 U.S.C. 242., 241, to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1) through (372), directly as its total description was mostly all joined, caused, and or is attributable to Defendant No.3, Christopher Duvalls unlawful actions to Plaintiffs Twenty-third Cause of Action against him (Count 23) as though the same were fully set forth herein.

Kirkland: 4:11-CV-3902 TMP

371

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

372

1345. Christopher Duvall, instrumental, accountable liable to committing a nightmare of harassment, intentional torts and overt acts to actual violent destruction of Plaintiffs property, committing physical aggression with malicious verbal threats Duvall did against Plaintiff. 1346. Christopher Duvall made up fabricated stories-false claims, gave false testimony under Oath, false affidavits, perjured himself to the Marshall County Court in a malicious prosecution, going to abuse of process causing false arrest, false imprisonment against Plaintiff . 1347. Christopher Duvall DID effect Marshall County Court and Political Powers to move against Plaintiff, from the Bank, other Defendants, all joined in conspiracy to a malicious prosecution to an abuse of process to wrongfully utilize local Grant Police, Sheriff Deputies, and the Court itself to repeatedly Arrest Plaintiff throwing her in the Marshall County Jail for days at a time. 1348. Plaintiff suffered-endured False Imprisonment (4) four times suffering, enduring the complete loss of her liberty. 1349. The last False Imprisonment the worst where Plaintiff was chained, handcuffed & shackled to a wall standing up for hour being processed into Jail, then stripped naked in front of Police Officers and others looking on, sprayed with harmful chemicals making Plaintiffs hair fall out and made to stand there for about 40 minutes, then put into solitary confinement sleeping on a concrete slab for (5 ) days, taken to a small adjoining room in Jail and forced to sign release papers or else in violation of 5th Amendment Right not to incriminate, a most heinous crime against Plaintiff even grade school children easily understand.

Kirkland: 4:11-CV-3902 TMP

372

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

373

1350. Plaintiff as a result, did suffer the loss of her liberty in violation of the law and against her will, to an 8th Amendment violation to Summary Judgment-Cruel and Unusual Punishment of incarceration without Due Process, Equal Protection, found further in violating Plaintiffs 1st, 4th, 5th, 6th, 7th, 8th, 9th, 11th, 13th, and the14th Amendments without a Jury Trial Conviction to criminal charges. 1351. Christopher Duvall DID effectively cause Plaintiff to suffer False Imprisonment without authority of law accomplished by actual physical violence and threats to harm and injury to her person directly by himself, then utilizing unlawful power of Grant Police and Marshall County Sheriff Deputies to put her in summary judgment Jail. 1352. PLAINTIFF, therein was damaged as a result of Christopher Duvall causing False Imprisonment committing actions in a conspiracy causing extreme violations of the Plaintiffs constitutional Rights, Contract Rights, Property Rights, intentional torts to a malicious prosecution, Plaintiff was therein damaged by physical arrest, to a false imprisonment, loss of liberty, loss of land, loss of car, loss of other property, made to suffer extreme financial loss, financial damage and hardship, physical pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, resulting in severe Duress and deprivation of society with her family as a result. 1353. Therefore, Christopher Duvall caused Plaintiff to sufferendure False Imprisonment, joining in Conspiracy causing Plaintiff substantial contractual financial damage to a Breach of Contract, loss of land and enjoyment of property, causing false arrest-false imprisonment, substantial constitutional Rights violations, under attack to a complete
Kirkland: 4:11-CV-3902 TMP 373 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

374

lack of Due Process, Equal Protection and substantial Torts all going against Plaintiff, using the Peoples State Bank Power, made fraudulent banking accusations against Plaintiff, utilizing Marshall Countys prosecuting Power, to the Court Judges, contacted County Sheriff Scott Walls, Sheriff Deputies & local Police of Grant utilized, Marshall County Prosecuting Attorney to the Alabama State Attorney Generals Power, Marshall County Political Power by Breach of Contract, Omission, concealment, suppression of evidence with Fraud, Perjury, going to a Malicious Prosecution with complete Abuse of Process, putting Plaintiff under the Jail, all in violation of and pursuant to U.S.C. Title 42 1983 et seq. 1981, 1982, Title 18 U.S.C. 242, 241 conspiracy, violations by and under 1985 Conspiracy. 1354. PLAINTIFFS DEMAND FOR DAMAGES AGAINST CHRISTOPHER DUVALL Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff against Christopher Duvall, is set out just before the beginning of COUNT 1 Private Nuisance against him, is applied here as though the same were fully set forth herein. CHRISTOPHER DUVALL COUNT 24. LIBEL & SLANDER DEFAMATION 1355. Plaintiff incorporates herein by reference at all times relevant to this Complaint, Defendant was acting under the authorities of pursuant to and under 42 U.S.C. 1983 et seq., 1985 et seq., 1981 and 1982 et seq.,18 U.S.C. 242., 241, to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt
Kirkland: 4:11-CV-3902 TMP 374 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

375

Marshall County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1) through (375), directly as its total description was mostly all joined, caused, and or is attributable to Defendant No.3, Christopher Duvalls unlawful actions to Plaintiffs Twenty-fourth Cause of Action against him (Count 24) as though the same were fully set forth herein. 1356. Christopher Duvall with malice told or stated, gave falsified, fabricated verbal deceitful information to the Marshall County Circuit Court in a very calculated plan to cover-up the truth regarding Plaintiff with a mean spirited defiance against the truth, having full knowledge of the truth, made statements knowing it was false lies to the Court. 1357. Christopher Duvall entertained the idea and DID ACT on a suppression of evidence against the truth, with maintaining silence to the very serious omissions, concealment of the evidence, telling lies otherwise as he was testifying to the Marshall County Court, knowing it all was false, while under sworn Oath. 1358. Christopher Duvall DID file written false, fabricated Claim Complaint to the Court that Plaintiff had run down or even attempted to harm his children, while under sworn Oath. 1359. Christopher Duvall DID file written false Affidavits to the Court while under sworn Oath. 1360. Christopher Duvall DID use verbally spoken word, speaking about Plaintiff, to convey Plaintiff in a false light in front of, to, in listening distance of other people in open Court, to Marshall Court Staff Personnel, Court Clerks, Judges, City and County Attorneys, local Grant
Kirkland: 4:11-CV-3902 TMP 375 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

376

Police, Sheriff Deputies, news media at large, certain notification in Court documents to Judgments becoming public record and public knowledge. 1361. Christopher Duvall DID claim Plaintiff to be in severe violation of laws, and a criminal, when the Plaintiff was NOT. 1362. Christopher Duvall filed and joined in conspiracy to criminal charges filed against Plaintiff, did assist, aid & abet, join, support, back, and himself claiming Plaintiff broke the law committing crimes, when in fact the Plaintiff is innocent of these false charges. 1363. Christopher Duvall DID communicate these false criminal charges to false Judgments with both verbal slander and written libel Defamation to numerous, to substantial public third parties of news media, open Court, in / on public record to the communities of Grant, Guntersville, and surrounding regional public area publication against Plaintiff, finds Christopher Duvall without legal excuse. 1364. Christopher Duvall is accountable and DID cause people who know Plaintiff, did see, hear, read of Plaintiff being charged with criminal charges, arrested, imprisoned-Jailed, adjudicated as guilty, fleeing for safety, being still sought on outstanding Arrest Warrant, where third parties misunderstand the truth, damaging, misleading truth, against Plaintiff, causing defamatory import of such circumstances as harmful, making Plaintiff appear as a criminal, putting the Plaintiff in a false light to her family, friendships, business associations, in the public eye, public view.

Kirkland: 4:11-CV-3902 TMP

376

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

377

1365. PLAINTIFF, therein was damaged as a result of Christopher Duvall putting Plaintiff before the public community in a False Light with both Libel and Slander Defamation, by committing actions in a conspiracy causing extreme violations of the Plaintiffs constitutional Rights, Contract Rights, Property Rights, intentional torts to a malicious prosecution, Plaintiff was therein damaged by physical arrest, to a false imprisonment, loss of liberty, loss of land, loss of car, loss of other property, made to suffer extreme financial loss, financial damage and hardship, physical pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, resulting in severe Duress and deprivation of society with her family as a result. 1366. Therefore, Christopher Duvall DID commit Libel and Slander Defamation, joining in Conspiracy causing Plaintiff substantial contractual financial damage to a Breach of Contract, loss of land and enjoyment of property, causing false arrest-false imprisonment, substantial constitutional Rights violations, under attack to a complete lack of Due Process, Equal Protection and substantial Torts all going against Plaintiff, using the Peoples State Bank Power, made fraudulent banking accusations against Plaintiff, utilizing Marshall Countys prosecuting Power, to the Court Judges, contacted County Sheriff Scott Walls, Sheriff Deputies & local Police of Grant utilized, Marshall County Prosecuting Attorney to the Alabama State Attorney Generals Power, Marshall County Political Power by a Breach of Contract, Omission, concealment, suppression of evidence with Fraud, Perjury, going to a Malicious Prosecution with complete Abuse of Process, putting Plaintiff under the Jail, all in violation of and pursuant to U.S.C. Title 42 1983 et seq. 1981, 1982, Title 18 U.S.C. 242, 241 conspiracy, violations by and under 1985 Conspiracy.
Kirkland: 4:11-CV-3902 TMP 377 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

378

1367.

PLAINTIFFS DEMAND FOR DAMAGES AGAINST CHRISTOPHER DUVALL Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff against Christopher Duvall, is set out just before the beginning of COUNT 1 Private Nuisance against him, is applied here as though the same were fully set forth herein. CHRISTOPHER DUVALL COUNT 25. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 1368. Plaintiff incorporates herein by reference at all times relevant to this Complaint Defendant was acting under the authorities of and pursuant to and under 42 U.S.C. 1983 et seq., 1985 et seq., 1981 and 1982 et seq.,18 U.S.C. 242, 241 et seq., to all of the total allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1)through (379), directly as its total description was all joined, caused, and or is attributable to Defendant No.3, Christopher Duvall unlawful actions to Plaintiffs Twenty-fifth Cause of Action against him (Count25) as though the same were fully set forth herein. 1369. In Christopher Duvall combined, all roads connect, all of the acts attributed taken together, goes to his conduct that reflects a calculated plan joined in Conspiracy to the other Defendants to cause this Plaintiff to foreseeable physical distress, pain, emotional and financial harm beyond doubt.

Kirkland: 4:11-CV-3902 TMP

378

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

379

1370. Christopher Duvall had Full Knowledge in a conspiratorial pattern of conduct, knowing about most everything that was occurring within this Complaint that Plaintiff suffered-endures. 1371. Therein, Christopher Duvall himself directly and intentionally committing overt acts of continuous harassment to false, fraudulent, fabricated claims forced against Plaintiff, and became the instrumental key part to the joined conspiracy, and lying about everything else in between. 1372. Christopher Duvall having knowledge of the true facts, but yet ignoring, setting aside, disregarded all the truth in evidence, Duvall by Fraud, deceit, omission, concealment, suppression of evidence ignored Plaintiffs Complaint, Affidavits, failing to rebut-refute Plaintiffs filed Complaints. 1373. Christopher Duvall having full knowledge of Defendant Chuck Van Etten and Christopher Duvall utilizing their favorable Police friendassociates connections to aid and assist the Defendants in their efforts to further intimidate, harass Plaintiff, in their conspiracy of on-going land disputes actions, Brenda Barnes joined right in with them as she had her concerns to Barnes/ Banks interest in Plaintiffs property. 1374. Christopher Duvall then further filed 2 false-fraudulent criminal charges against Plaintiff for alleged false document unexplained, and fabricated false claim to running down his children with her truck. 1375. A fraudulent defective Arrest Warrant was issued against Plaintiff on both these charges.

Kirkland: 4:11-CV-3902 TMP

379

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

380

1376. Plaintiff has been already arrested (2) times consecutively on the same charge. 1377. Plaintiff was then & now, is still currently being sought after by this outstanding fraudulent defective Arrest Warrant by Marshall County Sheriff Scott Walls, where this continuous Abuse of Process to a Malicious Prosecution is attributed to direct Fraud-Perjured testimony to the Court by Christopher Duvall. 1378. Christopher Duvall then utilized such Police involvement himself for his own agenda and benefit in furtherance of the on-going conspiracy already in motion, knowing what the Police had already done to the Plaintiff. 1379. Christopher Duvall falsely accused-falsely charged Plaintiff, where the Plaintiff was physically then manhandled by Police and Deputies to suffer Aggravated Assault & Battery, False Arrest, False Imprisonment causing loss of her liberty, physical Injury and pain to bodily areas of cancer muscle- tissue surgery removal. 1380. Christopher Duvall DID intentionally commit Perjury by Fraud to the Court, failing to disclose truth in facts of evidence, failed to inform the Marshall County Circuit Court of these true existing facts. 1381. Christopher Duvall has direct intentional motive for coming against Plaintiff, by Plaintiff exposing Duvall, motive being that Duvalls conduct is in retaliation for exposure and to cover-up crimes and torts being committed by Duvall against Plaintiff.

Kirkland: 4:11-CV-3902 TMP

380

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

381

1382. Christopher Duvall got caught by Plaintiff in his fraud - deceit, therein planned a cover-up of his unlawful activities, and furthered a setup in joined conspiracy to do away with Plaintiff. 1383. Christopher Duvall therein, went after Plaintiff as to silence her where Defendant Duvall found the plaintiff was vulnerable and he knew it. 1384. Christopher Duvalls trick by deceit, Fraud, to committed torts against Plaintiff, has resulted in the unjust enrichment of Defendants at the Plaintiffs horrendous expense, financially, physically, emotionally, and spiritually where Plaintiff suffers harm and damages. 1385. Christopher Duvall DID commit or joined in conspiracy to, Breach of Contract, Fraud, Perjury, Conspiracy, Fraud Upon the Court, Malicious Prosecution, Abuse of Process, Extortion, Conversion, Grand Larceny, Defamation, Intentional Infliction of Emotional Distress. 1386. Christopher Duvalls actions are seen as unreasonable and intentional, in displayed character beyond bounds of common decency to an outright, cold blooded outrageous invasion of Plaintiffs peaceful nature and tranquility. 1387. PLAINTIFF, therein was damaged as a result of Christopher Duvall committing actions in a malicious prosecution, Plaintiff was therein damaged by physical arrest, to a false imprisonment, loss of liberty, loss of land, loss of car, loss of other property, made to suffer extreme financial damage and hardship, physical pain, psychological trauma, suffers with constant nightmares, pain & suffering, causing real and actual highly intensified unpleasant mental reactions susceptible in fear
Kirkland: 4:11-CV-3902 TMP 381 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

382

of her well being and safety, fright, nervousness, to sirens, Police Cars, grief, anxiety, worry, mortification, shock, humiliation and indignity, as well as physical pain, and to her loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, and deprivation of society with her family as a result, atrocious, and utterly intolerable where no reasonable person in a civilized society should be expected to endure it. 1388. Plaintiffs physical sign manifestations of the distress are now always obvious in plain view, she is easily startled, sad voice, tone is low, eyes often tearful, lack of energy, declining zest for life, lack of productivity, depression, a recluse now to society -social activity, to all acquaintances to friends will surely give testimony about these changes now seen in her behavior, emotional distress she suffers is physically apparent and significant, where she will require-seek out medical diagnosis-treatment. 1389. Therefore, Christopher Duvall committed cold blooded Intentional Infliction of Emotional Distress committing overt acts and joining in Conspiracy causing Plaintiff substantial contractual financial damage to a Breach of Contract, loss of land and enjoyment of property, causing false arrest-false imprisonment, substantial constitutional Rights violations, under attack to a complete lack of Due Process, Equal Protection and substantial Torts all going against Plaintiff, using the Peoples State Bank Power, made fraudulent banking accusations against Plaintiff: utilizing Marshall County's prosecuting Power, to the Court Judges, contacted County Sheriff Scott Walls, Sheriff Deputies & local Police of Grant utilized, Marshall County Prosecuting Attorney to the Alabama State Attorney Generals Powers, Marshall County Political Power, Christopher Duvall accountable and
Kirkland: 4:11-CV-3902 TMP 382 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

383

liable by his Fraud, omissions, concealment, suppression of evidence with Fraud, Perjury, going to a Malicious Prosecution with complete Abuse of Process, putting Plaintiff under the Jail, all in violation of and pursuant to U.S.C. Title 42 1983 et seq., 1981, 1982, Title 18 U.S.C. 242, 241 conspiracy, violations by and under 1985 Conspiracy. 1390. PLAINTIFFS DEMAND FOR DAMAGES AGAINST CHRISTOPHER DUVALL Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff against Christopher Duvall, is set out just before the beginning of COUNT 1 Private Nuisance against him, is applied here as though the same were fully set forth herein.

__________________________________________________
DEFENDANT NO. 4- CORA LOREAN DUVALL 1391. DEFENDANT 4. Lorean Duvall, Wife, married to Defendant Christopher Duvall, is now, and at all times herein mentioned has been, a ( non-owner occupant renter) and is a resident of the County of Marshall, Town of Grant, State of Alabama. Address: 2854 Cathedral Caverns Highway, Grant, Alabama 35747. 1392. PLAINTIFFS DEMAND FOR ALL DAMAGES TO ALL COUNTS 1- 25 AGAINST LOREAN DUVALL Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff against Lorean Duvall, set out here before the beginning of COUNT 1
Kirkland: 4:11-CV-3902 TMP 383 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

384

against her is applied here as though the same were fully set forth herein in all Counts 1-25 as follows: 1393. PLAINTIFFS DEMAND FOR SPECIAL DAMAGES AGAINST LOREAN DUVALL

1. Plaintiff demands all Medical Bills, payments made in full for all necessary Mental / Medical Trauma diagnosis, therapy, treatment, procedures, medicines, hospitalization and / or Doctors Bills, or any other costs known or unknown regarding the same to Plaintiffs care. 2. Permanent Injunction Relief Order, an agreement by the parties to a lifetime Restraining Order as a part or portion of remedy the Court will have in the authority to impose the parties agreed provision, to be enforced by the Court as part of any settlement, wherein Lorean Duval and Christopher Duvall must be Court Ordered to permanently move out of the next door house, never to return there for any reason ever again, nor occupy, rent or live anywhere else in close proximity near Plaintiff. To Wit: A.Permanent Injunction Court Order (Lifetime) against Lorean Duvall to (Stop) her from ever coming near or contacting Plaintiff ever again. B. Prevent Lorean Duvall from ever entering upon or near Plaintiffs properties ever again. C. Prevent Lorean Duvall from driving near or on any connecting road as to be driving by in view of Plaintiffs property. D. Prevent Lorean Duvall from coming near Plaintiff in public or private environments, where real threat of immediate violent

Kirkland: 4:11-CV-3902 TMP

384

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

385

danger to human life, health, property, exists, as damage or the threat of human life and damage is irreparable harm. E. To stop, remove, restrain, or restrict this nuisance Lorean Duvall, is the primary basis for this lawsuit, both for damages caused by this nuisance and for Permanent Order (Injunction) against continuing invasion of any more noxious activity, to her verbal (offensive) acts, to her displayed violent physical acts, threat to do bodily harm, use of vicious dogs, destruction, aggression, and all related conditions against Plaintiff. F. Lorean Duvall to be required under Court Order to pay the costs of removal and clean-up of any garbage to debris caused from her destruction of Plaintiffs property. G. Pay the costs of full restoration of or complete repairs to any thing, chattel, to the land, injury to animals, or other property she caused with destructive damage done. H. All dogs to be extracted-removed from the premises or that belong to Lorean Duvall or Christopher Duvall. I. Lorean Duvall to pay for all replacement costs to replace and install all property fences she took by Larceny theft or damaged destroyed. J. The original survey re-conveyed, boundary line pin markers reinstalled, with re-survey costs included. K. Bushes, fill dirt, grass, plants, and all vegetation properly restored to such as the flowers, flower beds, vegetable garden, water fountains,

Kirkland: 4:11-CV-3902 TMP

385

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

386

holes, trenches filled, grass seeding, harmful air pollutants, chemicals, toxic soil removed. L. Lorean Duvalls unlawful land encroachment is null & void against Plaintiff, a Judgment for Plaintiff to Bill of Quiet Title is sought, as a Bank Property Mortgage Agreement, a written Contract, was / is / still remains legally in effect, still at issue before the Court to be now determined by Jury, as there is an agreement between the parties, Plaintiff and Brenda Barnes, Bank CEO and the Peoples State Bank of Commerce. The law recognizes a duty to perform stated agreements or promises written in the contract, and allow recovery of damages for the lack or failure of specific performance of said agreements or promises. M. Further, Plaintiff holds a lawful Land Patent on the Property, that is not refuted-rebutted, which has not been in question throughout any court proceedings in the Marshall County Circuit Court. N. Plaintiffs Marshall County Circuit Court Records of Judgments, Orders, and all proceedings in these entire matters EXPUNGED. O. Plaintiff awarded Declaratory Prospective Injunctive Relief Order from all Marshall County Court Judgments and proceedings. P. Permanent Injunction Protection from Lorean Duvall, Christopher Duvall, Chuck Van Etten, Grant Police Officers, Marshall County Sheriff Deputies, Sheriff Scott Walls from ever again coming near or on Plaintiffs Properties, bothering-contacting Plaintiff based on any matter within this Complaint.

Kirkland: 4:11-CV-3902 TMP

386

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

387

Q. Lorean Duvall to pay Expenses-Costs incurred by alternate transportation, fuel, tires, oil, mileage wear & tear, travel time, assisted helps time involved. R. Lorean Duvall to reimburse Plaintiff for Shelter Rents paid away from home, and further, property restitution of time away incurred by denial of enjoyment to Home and personal property. S. Lorean Duvall & Christopher Duvall must permanently move out of the next door house, never to return for any reason ever again. T. Plaintiff claims the value of loss to enjoyment of her land, and to loss for disrupted plans for this land use to future profits. U. Plaintiff claims the measure of damages for the wrongful occupation of her property including to the preceding five years prior to the time of this commencement of Complaint action as the Court shall find. V. Plaintiff claims the Cost of repair and restoration of the property to its original condition and; W. Plaintiff claims the costs she has incurred of recovering possession. 1394. Consequential Damages: For Carolyn Sue Kirkland, has suffered severe increased duress, physical discomfort, mental pain & suffering away from familiar surroundings and assisted home equipment, devices, medical convenience of care. 1395. WHEREFORE, Plaintiff demands Judgment against the Defendant Lorean Duvall for Special Damages, Consequential Damages,
Kirkland: 4:11-CV-3902 TMP 387 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

388

Compensatory Damages as the Court shall find, Punitive Damages as the Court shall find, plus costs of this proceeding and interest, and for such other and further relief as the court deems appropriate, just and proper in the premises. 1396. Punitive Damages: The conduct of the Defendant Lorean Duvall is seen as so malicious, outrageous, intentional, offensive, willful and wanton and in complete disregard for the rights of Plaintiff, Plaintiff Demands Punitive Damages for (1/2 ) One Half of Lorean Duvalls net worth, to assets, any inheritance, and Plaintiff further demands (1/2) of all Job or Business profits, salaries, commissions, bonuses, profit sharing, Stocks, Bonds, or any other entitlement net worth, to then be garnished by the Federal Court for the next (8) eight years demanded as punishment. DEFENDANT NO. ( 4 ) LOREAN DUVALL COUNT 1 CONSPIRACY 1397. Plaintiff incorporates herein by reference at all times relevant to this Complaint Defendant was acting under the authorities of and pursuant to and under 42 U.S.C. 1983 et seq., 1985 et seq., 1981 and 1982 et seq., 18 U.S.C. 242., 241, to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1) through (389), directly as its total description was all joined, caused, and or is attributable to Defendant No.4, Lorean Duvalls unlawful actions
Kirkland: 4:11-CV-3902 TMP 388 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

389

to Plaintiffs First Cause of Action against her (Count 1) as though the same were fully set forth herein. 1398. Ultimately, A calculated plan was conceived from between a meeting of the minds by Lorean Duvall in support of her husband Christopher Duvall and soon joined with Chuck Van Etten, resulting in a joined Conspiracy, all three Defendants, the men interested in the Plaintiff herself. 1399. Lorean Duvall wherein jealous became interested in driving Plaintiff away off the Plaintiffs own land, joining in support of her husbands aggressive hostile behavior at Plaintiff in their efforts to further acquiring portions of Plaintiffs lawfully owned land, cooked up circumstances to events occurring to harass Plaintiff, to get back at, or get even with Plaintiff for frivolous reasoning, eventually driving her off her own land in retaliation to their desire to acquire portions of her land for their own personal use. 1400. Along the way, Grant Police and Sheriff Scott Walls, to Sheriff Deputies are utilized, Brenda Barnes becomes directly involved herself having a direct interest in Plaintiffs land, the Peoples State Bank of Commerce uses its monetary muscle power, then the Court enters in, and political power of Marshall County all comes quick, pouring down on Plaintiff. 1401. At all times described, it is seen apparent Lorean Duvall is in constant support of her husband Christopher Duvalls criminal actions and torts against Plaintiff, Lorean Duvall often seen actually with and acting along side of / with Christopher Duvall hand in hand together to

Kirkland: 4:11-CV-3902 TMP

389

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

390

cause various-numerous harassment, aggravated assaults, to actual physical destruction of Plaintiffs property. 1402. It all started where Defendants Lorean Duvall, Christopher Duvall and Chuck Van Etten, all moved in next door to two separate adjoining properties next to Plaintiffs Property a couple of months apart. 1403. Plaintiff had already been first on her land from Birth. 1404. Chuck Van Etten is a former Ex- Police Officer of Grant, Alabama, purchased property next door, is a property owner. 1405. Lorean Duvall and Christopher Duvall are ONLY OCCUPANTS or Renters of another adjoining next door property and do not have legal Title or Deed, THEREFORE NO legal entitlement to encroach onto Plaintiffs land or make any claim to it, BUT DID. 1406. The Duvalls operate a business out of that residential house without license, a glass repair shop operation contracted to repair vehicle windshields, glass repair for the Town of Grant Police Department and their Patrol Cars. 1407. Thereby, all three of these Defendants Lorean Duvall & Christopher Duvall and Chuck Van Etten, have a friendship, a direct working association and connections with local Grant Police and Marshall County Sheriff Deputies. 1408. Lorean Duvall & Christopher Duvall and with Chuck Van Etten, utilizing these Officers in support of Defendants fabricated false claimscharges against Plaintiff, whereby Police-Deputies assisted doing favors
Kirkland: 4:11-CV-3902 TMP 390 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

391

for Defendants, joining into Defendants artifice, ruse and antics, to aiding & abetting, supporting, assisting these Defendants in these harassing endeavors. 1409. Grant Police- Marshall County Sheriff Deputies all ignored Plaintiffs filed complaints. A witness heard a Police Officer say to others, what can they do to us, were the Police. Plaintiff was told to move away from her own home by Police? Witnesses will testify to this fact. 1410. Plaintiff was certainly set-up in combined Conspiracy, this set-up beginning with Defendants, Lorean Duvall and Christopher Duvall, Chuck Van Etten, conspiring to run Plaintiff off her own property, all Defendants verbally expressing there will to take away- gain land and property from Plaintiff. 1411. Christopher Duvall and Chuck Van Etten both starting with continued incidents-events of flirtations, then verbal harassments, arguments, going all the way to actual physical encroachment, trespass onto Plaintiffs own lawfully held land property. 1412. Much of the time, Lorean Duvall would join her husband Christopher Duvall, apparently aware-mad- and upset of her husbands beginning flirtations at Plaintiff, would join into all the other verbal harassments, arguments, aggravated assaults, actual physical trespass onto Plaintiffs property, encroachment and destruction of Plaintiffs property. 1413. All during this time already, Christopher Duvall and Chuck Van Etten constantly came around and watched Plaintiff mow the grass and
Kirkland: 4:11-CV-3902 TMP 391 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

392

watch her work on her property, both had been and continued to make these flirtatious innuendos at her. 1414. Plaintiff refused all such advances, had no interest in any extracurricular affairs, Plaintiff ignored and further rejected Defendants advances. 1415. Rejected by Plaintiff, Defendant Christopher Duvall became more derogatory to verbal harassment, then came these false accusations of the property line boundaries that was joined and supported by Lorean Duvall. 1416. Then angered by Plaintiffs denial- rejections, Christopher Duvall seriously stepped up with his annoying, alarming, verbal aggravated Assaults, began actually physical tortuous land encroachmentstrespasses, to physical destruction of Plaintiffs property joined by Lorean Duvall. 1417. Defendants, Lorean Duvall, Christopher Duvall, Chuck Van Etten Etten, tormented or terrorized Plaintiff into duress and into mental anguish, Plaintiff fearing for herself and her sister Susies safety. 1418. Lorean Duvall, Christopher Duvall and Chuck Van Etten have displayed a pattern of conduct seen and now shown in evidence to the Court by documents and photographs, the means and continuous conduct composed of a series of acts over a period of several years non-stop evidencing a continuity of their harassing purpose. 1419. Lorean Duvall, Christopher Duvall and, Chuck Van Etten, have

Kirkland: 4:11-CV-3902 TMP

392

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

393

all made credible verbal threats against Plaintiff with the intent and apparent ability to carry out the threats as photographic evidence shows submitted to the Court in evidence so as to cause the Plaintiff to substantially fear for her safety. 1420. The Marshall County Court Record itself clearly sets out the substantial evidence that Defendants were in-fact motivated to take portions of Plaintiffs lawfully owned land and DID TAKE those portions of Plaintiffs land as Court Documents point out, by unlawful Court process, all unlawful-unconstitutional malicious prosecution and an abuse of process. 1421. And so Lorean Duvall, Christopher Duvall & Chuck Van Etten, joined to conspire in continual harassment setting up circumstances or events, Lorean Duvall made falsified claims and made false testimony to the Court under Oath (that Plaintiff tried to run over the Duvalls children with her truck) in order to drive Plaintiff off the land and to acquire portions of Plaintiffs land and property for themselves. 1422. Defendants Lorean & Christopher Duvall set-up Plaintiff by making up false accusations that Plaintiff ran down or attempted to run down their children with a truck, causing Plaintiff to be falsely arrestedfalsely charged, false imprisoned. 1423. Therein, Defendants were successful causing Plaintiff to flee for her safety now driven Plaintiff off her lawful owned property gone for (9) nine months now because no one was there in law enforcement to protect her.

Kirkland: 4:11-CV-3902 TMP

393

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

394

1424. Local Grant Police and Marshall County Sheriff Deputies all ignored her Police Reports and Affidavits filed to law enforcement, choosing to help their friends / business associations with Lorean & Christopher Duvall and former Town of Grant ex-Police Officer Chuck Van Etten. 1425. Lorean Duvall, Christopher Duvall, and Etten, have been certainly successful where they achieved running Plaintiff off her property for good to eventually profit in their own personal monetary gains, Plaintiff fled for safety from home, has now been gone for 9 months. 1426. Lorean Duvall and the Defendants engaged in a pattern of conduct the intent of which was to follow, alarm, and harass the Plaintiff. Stalking at times where both Lorean Duvall and Christopher Duvall have each separately at different times in their car, even followed the Plaintiff in her car watching where she goes and why. 1427. As a result of this continuous pattern of conduct even by Lorean Duvall, the Plaintiff has reasonably feared for her safety and that of her sister Susie alone in their Home or anywhere else they may decide to travel. 1428. Christopher Duvall has made credible repeated threats with the intent to harm Plaintiff with wife Lorean Duvall at his side, where she is repeatedly seen and witnessed, actually physically involved with and in support of her husband to harm Plaintiff. 1429. Plaintiff clearly and definitively demanded that the Defendants Lorean Duvall, Christopher Duvall cease their harassments.

Kirkland: 4:11-CV-3902 TMP

394

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

395

1430. Lorean Duvall & Christopher Duvall retaliated to a worse level of abuse. 1431. Lorean Duvall, Christopher Duvall and Chuck Van Etten, has persisted in their continued harassing activities against Plaintiff never ending. 1432. Chuck Van Etten created arguments to circumstances of absurd adverse possession based on an aerial photograph against Plaintiffs property boundaries to Judge Tim Jolley, falsifying the original Land Survey of boundary pins, Chuck Van Etten removing original rebar boundary pins gaining a fraudulent judgment against Plaintiffs lawful Title Deed not in dispute for 18 years. 1433. Chuck Van Etten then began causing physical land encroachment, further began actual bulldozing, soil removal by a dozen plus Dump Truck loads of soil taken, destruction to a water spring and to its surrounding landscaping. 1434. Lorean Duvall & Christopher Duvall copied and repeated actions by Chuck Van Etten, instigated patterns of round the clock continuous harassment, against Plaintiffs lawful original Trust Deed Property Land Survey, following in Chuck Van Ettens footprints, Lorean Duvall and Christopher Duvall also began pulling-removing original boundary pins or markers to Plaintiffs Property. 1435. Plaintiff decided to put up a privacy fence to stop this behavior. Me and Mom could not even enjoy our garden together, without being laughed at by the Duvalls where they would often watch us. I hired 3 men to help me put up this privacy fence and while we were putting it
Kirkland: 4:11-CV-3902 TMP 395 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

396

up Christopher Duvall came, making derogatory remarks at me while standing there kicking fence sections. 1436. The panels at the big tree were pulled out of the ground the next day. I called the police at Grant and also tried to get help at Guntersville Sheriffs Office. No one came or helped me. 1437. My privacy fence was then removed, stolen. 1438. Lorean Duvall & Christopher Duvall dug holes, removed and stole (2) separate privacy fences by theft, damage to one other pulling out vinyl rails in the fence. 1439. The Duvalls removed the property fence, taking possession of some 50 feet into, upon Plaintiffs property for their use. 1440. Plaintiff called the Grant Police and Sheriffs Office to get help and was ignored. 1441. One morning Plaintiff went to Home Depot. Lorean and Christopher Duvall saw me leave as they watch me all the time. So they went over on my land that I had worked so hard on the day before with a trailer, weed-eater, leaving trenches and hitting my shrubs and azaleas with the weedeater destroying them. 1442. The police from Grant were called, Chief Allen Edmonds came, did nothing, as both Lorean Duvall & Christopher Duvall ran off my land when they came. I have two witnesses to this event.

Kirkland: 4:11-CV-3902 TMP

396

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

397

1443. My 1994 land survey boundary pins have been pulled up and moved. 1444. My shrubs and azaleas have had round up sprayed on them, destroyed. 1445. All during these times since Defendants Christopher & Lorean Duvall moved in next door, these individuals own or harbor various dogs. 1446. The Duvalls dogs are not properly confined or otherwise controlled. 1447. Lorean Duvalls dogs run down onto Plaintiffs property, barking at, following to chasing Plaintiff back into her house. 1448. Both Lorean Duvall and Christopher Duvall, who stood by and watched, laughing all the time saying, There ain't no leash law, we live in the country. 1449. The Duvalls own or harbor as many as (5) five dogs have been seen at the their residence and then together coming onto Plaintiffs property at the same time creating havoc. 1450. There has been the issue of constant threat from the Duvalls dogs, where these several dogs have shown the propensity of vicious and mischievous dogs. 1451. Lorean Duvalls dogs are continuously let loose to run all over Plaintiffs property, a big red dog digging holes a foot and a half deep.
Kirkland: 4:11-CV-3902 TMP 397 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

398

1452. Lorean Duvalls other dogs dug up flower beds, a vegetable garden, and make defecations all around Plaintiffs property. 1453. Lorean Duvalls dogs come down on Plaintiffs property running the horses, turning over my horses sweet feed and drinking their water. 1454. Lorean Duvalls dogs are a constant tipping over garbage cans, dragging garbage all over the yard, have carried off shoes and other items loose on Plaintiffs porch. 1455. Lorean Duvalls dogs bark at visitors, attacking several visitors, attacked Plaintiff. 1456. Lorean Duvalls dogs chased Plaintiffs cat, would run at her horses which ended up injuring one of the horses legs healing for two weeks. 1457. Lorean Duvalls dogs chased and attacked Plaintiff and her Mother that actually injured Plaintiffs Mother on the leg, suffering profuse bleeding, where later with her Doctors attempting to identify a remaining infection from injury to her immune system causing complications to another medical condition that ended up with her loosing her life. 1458. Police Reports were made from these events and continuously ignored. Why? 1459. Lorean & Christopher Duvall knowingly owns or harbors dogs that they both know are of a vicious nature, have personal knowledge of the vicious nature of the dogs.
Kirkland: 4:11-CV-3902 TMP 398 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

399

1460. Lorean & Christopher Duvall are seen as they stand and watch, always laughing, know that the dogs are accustomed to barking at and actually running down other animals, attacking, biting, animals and at other people. 1461. Plaintiff has repeatedly called and made complaints to the local Grant Police, Marshall County Deputies, has made a substantial number of Police Reports and Affidavits. 1462. Plaintiff specifically went and spoke in person to Marshall County Sheriff Scott Walls at the Sheriffs Office making her complaints known about Defendants actions directly to Scott Walls himself. All of this was ignored? Plaintiff was advised by Scott Walls to move away? Why? 1463. Defendants Lorean & Christopher Duvall themselves also destroyed fixtures on Plaintiffs property, flowers, bushes, grass, a vegetable garden, water fountains vandalized. 1464. The Duvalls caused injury to, injuring horses with a six inch cut to one horses shoulder. 1465. The Duvalls committed the defacing of another next door neighbor home and yard, a friend in support of Plaintiff, this next door neighbors home and yard was also damaged like Plaintiffs property from using the same chemicals, poisons, glue, bleach, toilet paper, oils, paint, occurring with Plaintiff. 1466. Plaintiff was threatened by both Lorean & Christopher Duvall, as they continually stalked-harassed Plaintiff with Christophers constant lewd verbal derogatory flirtations, nasty language, Lorean Duvall also
Kirkland: 4:11-CV-3902 TMP 399 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

400

making insults, to yelling in an outrage of cussing, swinging their arms, pointing making gestures at Plaintiff now for years and will not stop. 1467. Plaintiff now suffers from the physical manhandling trauma from Police Arresting her for this false claim made by Lorean Duvall. 1468. Plaintiff is constantly looking over her shoulder causing severe emotional distress to sleeplessness. Plaintiff no longer feels secure in her own home, made to flee from home, cannot safely go back home. Afraid and continually suffering threat with harassment by Defendants Stalking and threat of arrest, Plaintiff run off her own property and home, had to flee for her safety, to return home without at least Court Ordered protection, Plaintiff would clearly be in jeopardy of physical injury from either Lorean or Christopher Duvall. 1469. Plaintiff, no longer present at home, the Duvalls or Defendants turned on her water line letting it run out on the land for days on end, creating a Water Bill and flooding, Bill from typically $25 a month to $ 560.00 for the month. 1470. So around this time, Defendant Brenda Barnes, Bank CEO of Peoples State Bank of Commerce herein further, (Bank) has become aware of these events as Brenda Barnes herself is a nearby local neighbor and of which, Peoples State Bank is the Mortgage Lender to the one specific property of Plaintiffs held in dispute in these matters. 1471. The Bank and Plaintiff currently have a Mortgage Contract also caused to come into dispute in the Marshall County Circuit Court based on surrounding causation by Defendants Lorean & Christopher Duvalls, Chuck Van Ettens unlawful land encroachment actions thus far.
Kirkland: 4:11-CV-3902 TMP 400 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

401

1472. Defendant Chuck Van Etten filed fraudulent adverse possession claim against Plaintiff by suppression of evidence to Plaintiffs Trust Deed. 1473. Lorean & Christopher Duvall filed in a falsified soil erosion court action against Plaintiff, where they are not the legal property owners, they are only OCCUPANTS-RENTERS. 1474. Brenda Barnes- Bank CEO files falsified court action to gain Plaintiffs property in a Fraud upon the Court in false Foreclosure by suppression, omission, concealment of evidence regarding Plaintiffs protective insurance on the Mortgage Contract and fact of paid checks current. 1475. Plaintiff then further harassed and prevented from coming to Court without arrest where Lorean & Christopher Duvalls combined fraud based - false accusations joined to conspiratorial actions with other Defendants all working together to even prevent Plaintiff from putting up her defense. 1476. Plaintiff was unable to properly appear or defend these Court Actions, as Plaintiff locked up in jail at times, then fleeing for her safety to get help, was not allowed by the Court to even appear or speak in defense. 1477. Plaintiff at other times where in the Court, Plaintiff was hushed, ignored, denied all Due Process, where the Judge shut her down in the Court from the start.

Kirkland: 4:11-CV-3902 TMP

401

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

402

1478. Marshall County Judges previously mentioned, yet allowed Lorean Duvall and all other Defendants to continue, Defendants by Fraud, carried through perjured testimony, were successful gaining Court Judgments against Plaintiff and her land. 1479. These Court Judgments, which came to the immediate attention of Brenda Barnes Bank CEO with legal interests in the land against Plaintiff. 1480. Matters turned worse when Plaintiff under severe duress, fled to safety, sister Susie requiring cancer tissue removal surgery to her face, Plaintiff met extra financial burdens for Susie getting, acquiring the necessary medical attention, time away for Susie, momentarily causingbecame only a month late on a Mortgage payment. 1481. Plaintiff, having a perfect 18 year unblemished banking record and loyal customer of Peoples State Bank of Commerce suffered immediate rush forced Foreclosure. 1482. Plaintiff immediately able bringing Mortgage payments right back up paid in full and to Banks current normal monthly payment schedule as Plaintiffs Court submitted evidence shows by cancelled checks 1483. Opened up a Pandoras Box of opportunity for Defendant Brenda Barnes to do her bidding for her own personal financial agenda to monetary gains under the guise of protecting the Bank. 1484. Brenda Barnes DID have full knowledge of the other Defendants Lorean & Christopher Duvalls Chuck Van Ettens ongoing Conspiracy against Plaintiff in their own ongoing land-grab pursuit.
Kirkland: 4:11-CV-3902 TMP 402 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

403

1485. Brenda Barnes found the circumstances ripe, DID join the Conspiracy taking full control of Plaintiffs land in an abrupt, immediate unlawful forced Foreclosure by Fraud, Deceit, Omission, Concealment, Suppression of Evidence. 1486. Brenda Barnes committing a suppression of evidence then went further to cause Perjury, Breach of Contract, Breaking & Entering, Grand Larceny Theft, taking Plaintiffs land and car, going against Plaintiffs lawful contractual rights. 1487. Brenda Barnes had full knowledge of the Mortgage Contract between Plaintiff and the Bank, as Brenda Barnes was the person responsible for writing up the Contract herself. 1488. Brenda Barnes therein knowing Plaintiff had protective Disability and also Life Insurance Coverage purchased and placed in and on Mortgage Contract. 1489. But, Brenda Barnes chose to further perjure herself to the Marshall County Circuit Court to gain a swift upper hand having full knowledge taking advantage based on actions already taken by Defendants Lorean Duvall and Christopher Duvall, Chuck Van Etten in their fraudulent Court Judgments against Plaintiff. 1490. Brenda Barnes with Peoples State Bank of Commerce having the monetary power, then caused the Court into and joined other combined actions furthered into an onslaught of a Malicious Prosecution, Abuse of Process using County Prosecution to benefit Brenda Barnes herself, a private bank corporation, and the other Defendants.

Kirkland: 4:11-CV-3902 TMP

403

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

404

1491. Brenda Barnes further using-causing Marshall Countys full political and court powers to come down extremely harsh on the completely innocent head of Plaintiff, making full defamatory political example out of this Plaintiff. 1492. Brenda Barnes successful, given a fraudulent Foreclosure judgment, thereby breaking & entering- stealing Plaintiffs White 1998 Chevrolet Corvette as collateral. 1493. Defendant Chuck Van Etten at this time, is actually seen by several other witnesses driving Plaintiffs Corvette back & forth in front of Plaintiffs House, around town, and seen actually parked in Chuck Van Ettens own driveway. 1494. Plaintiff was prevented, stopped, derailed completely by the Marshall County Circuit Court itself in even coming to Court by continuous use of fraudulent Arrest Warrants placed against Plaintiff by Lorean Duvall, Christopher Duvall with fabricated, fraudulent-false claims against Plaintiff, thereby preventing-keeping the Plaintiff away from the Court. 1495. As Plaintiff threatened repeatedly with arrest when you arrive at Court, its impossible to defend yourself when she was denied her Due Process, Equal Protection, equal access and simply derailed with blocked access to the Court period. 1496. Lorean Duvall joined with all Defendants in their part now did in effect establish a cover-up of the Fraud, injury, and damages perpetrated against the Plaintiff, carried on into a massive Fraud Upon The Court, fabricated lies, perjured testimony to false fraudulent charges made, in a
Kirkland: 4:11-CV-3902 TMP 404 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

405

malicious prosecution to complete abuse of process achieved on the combined efforts of all Defendants. 1497. Lorean Duvall joined with all Defendants continued harassment involving Grant, Alabama Police Officers and Marshall County Sheriff Deputies in order to keep the Plaintiff arrested, locked up and or out of the Court, out of the way giving the Defendants full rein control over these matters before the Court, gaining ex-parte judgments against Plaintiff, without Plaintiff even allowed in the Courtroom. 1498. The Marshall County Circuit Court filing criminal felony to misdemeanor charges against Plaintiff, using Marshall County Prosecuting Attorney to the power of the State Attorney Generals Office to prosecute Plaintiff, yet failed to do it in front of a Jury. 1499. Marshall County Court prevented Plaintiff further from all 5th & 14th Amendments Due Process-Equal Protection, failure to allow Counsel of her choice, no witnesses allowed, no cross-examination, no Presentment, no Indictment by Grand Jury, No signed Jury Form, no lawful-constitutional Standing Witness, No Signed Witness Affidavit, No lawful Arrest Warrant is / was not ever properly in place at any time then or now. 1500. Due in substantial part to Lorean Duvalls false-fabricated testimony to false claims Lorean Duvall made against Plaintiff, Plaintiff was not even in the Court over half of this time, not allowed access inside the court where these proceedings were taking place with complete Fraud Upon The Court by all Defendants, in a Malicious Prosecution Abuse of Process against the Plaintiff.

Kirkland: 4:11-CV-3902 TMP

405

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

406

1501. The Plaintiff has been substantially blocked-prevented from coming forward to the Marshall County District Court, and going further to prevent her from reaching this Federal Court. 1502. Evidence will establish and now presented in this De Novo Complaint to the Federal Court, will show Lorean Duvalls Court Record Documents filed by Duvall, Defendants, and Marshall County Circuit Court Judicial Orders so far within and just by itself, in-fact even proves this corruption Conspiracy clearly in plain view on the Court Record itself. 1503. Lorean Duvall and these Defendants have committed repeated constitutional Rights violations, Property and Contractual Breach and interference with Plaintiffs use and enjoyment of her property, with intentional Torts violations. 1504. Marshall County Court causing, forcing Plaintiff to be subjected to three neighbor Defendants, Lorean Duvall, Christopher Duvall, Chuck Van Ettens constant actions causing severe detrimental deprivation of Plaintiffs enjoyment of her land-property occurring to Plaintiff. 1505. Marshall County Court joined with Lorean Duvall and other Defendants causing damage to Plaintiff, then further incurred by Plaintiffs sister following in Consequential Damages to physical and emotional injury harm, (Susie) Carolyn Sue Kirkland, (now a 65 year old female, severe handicapped epileptic seizure patient has remained in a child-like mind since the age of 7 from massive seizures) (Donna Jo Kirkland is Susies full time care-giver and legal guardian).
Kirkland: 4:11-CV-3902 TMP 406 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

407

1506. Susie can be very startled, scared, traumatized easily by unfamiliar people, surroundings, seizures occurring as a result. 1507. No regard was ever considered to Susies well being when arresting Plaintiff, no regard to medical or proper care treatment was ever given to Susie in any event incurred-caused by Lorean Duvalls false claims utilizing her agents - Deputies or Police, while taking arrest custody of Plaintiff, Donna taken away from Susie, thereby putting or jeopardizing Susies health- her Life at risk. 1508. Susie experienced severe seizures as a result of Sheriff Deputies breaking in on her in her bedroom, as she was scared, disoriented, falling out of bed causing an actual laceration cut- scrapes to her backbleeding, Susie suffering physical and mental injuries, was ignored, where Marshall County Deputies -Police asked a neighbor to take her. 1509. Marshall County Court joined Defendants in Conspiracy then going against the Plaintiffs constitutional and statutory rights, then going to a deprivation of and violations to the same Plaintiffs contractual legal obligations, damage to and theft, conversion of land property and a car, in a joined Conspiracy with local community neighbor Defendant Brenda Barnes, Member of the Chamber of Commerce City of Grant, Alabama, and CEO of Peoples State Bank of Commerce, in the attempt to acquire a large (land-grab), run Plaintiff out of her own lawful Home, off her own property. 1510. Plaintiff unable to return home without Lorean Duvall committing probable aggravated assault, to Plaintiff being physically injured, to a False Arrest, all of this has been committed and aided by local, County, and State Officials & persons acting with, for Marshall County,
Kirkland: 4:11-CV-3902 TMP 407 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

408

occurring in, under official color of state law in concert to a combined joined conspiracy. 1511. For purpose of Declaratory Prospective Injunctive Relief Order, description includes the Dismissed Judges, Police Officers, Sheriff, Sheriff Deputies, City, County Attorneys, and correlated city employees or individuals, joined to this conspiracy. 1512. Defendants, and each of them, were and are the agents, servants, associates, representatives, and/or employees of each of the other Defendants herein, and were at all times acting within the course and scope of such agency, representation and employment and with the permission and consent of each of said Defendants, joined in this conspiracy. 1513. Plaintiff upon such information and belief alleges, that each of the Defendants inclusive, were, at all times herein mentioned, acting in concert with, and in Conspiracy with, each and every one of the remaining Defendants. 1514. Wherever appearing in this complaint, each and every reference to Defendants and to any of them, is intended to be and shall be a reference to all Defendants hereto, and to each of them, named and unnamed, unless said reference is otherwise specifically qualified. 1515. PLAINTIFF, therein was damaged as a result of Lorean Duvall in complete full support of her husband, with having full knowledge, a meeting of the minds, and intentionally physically causing and acting in a conspiracy, with instigating, devising, committing plans or acts of

Kirkland: 4:11-CV-3902 TMP

408

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

409

harassment, committing actions to being a Personal Nuisance going into a shared joined conspiracy, then to a malicious prosecution, Plaintiff was therein damaged by physical arrest, to a false imprisonment, loss of liberty, loss of land, loss of car, loss of other property, made to suffer extreme financial damage and hardship, physical pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, and deprivation of society with her family as a result. 1516. Therefore, Lorean Duvall did commit Conspiracy, violating Plaintiffs well being unjustly, peace, tranquility to the enjoyment of her property taken away from her, further violating most all of the Plaintiffs entire Constitutional Bill of Rights, right to contract, property rights, a Breach of Mortgage Contract, all causing an outrageous intentional Abuse of Process against Plaintiff, a reckless disregard even with malice against Plaintiffs Rights pursuant to and under Title 42 U.S.C. 1983 et seq., 1981, 1982, 1985, Title 18 242, and 241. 1517. PLAINTIFFS DEMAND FOR SPECIAL DAMAGES
AGAINST LOREAN DUVALL

1. Plaintiff demands all Medical Bills, payments made in full for all necessary Mental / Medical Trauma diagnosis, therapy, treatment, procedures, medicines, hospitalization and / or Doctors Bills, or any other costs known or unknown regarding the same to Plaintiffs care. 2. Permanent Injunction Relief Order, an agreement by the parties to a lifetime Restraining Order as a part or portion of remedy the Court will have in the authority to impose the parties agreed provision, to be enforced by the Court as part of any settlement, wherein Lorean Duval
Kirkland: 4:11-CV-3902 TMP 409 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

410

& Christopher Duvall must be Court Ordered to permanently move out of the next door house, never to return there for any reason ever again, nor occupy, rent or live anywhere else in close proximity near Plaintiff. To Wit: A.Permanent Injunction Court Order (Lifetime) against Lorean Duvall to STOP (HER) from ever coming near or contacting Plaintiff ever again. B. Prevent Lorean Duvall from ever entering upon or near Plaintiffs properties ever again. C. Prevent Lorean Duvall from driving near or on any connecting road as to be driving by in view of Plaintiffs property. D. Prevent Lorean Duvall from coming near Plaintiff in public or private environments, where real threat of immediate violent danger to human life, health, property, exists, as damage or the threat of human life and damage is irreparable harm. E. To stop, remove, restrain, or restrict this nuisance Lorean Duvall, is the primary basis for this lawsuit, both for damages caused by this nuisance and for Permanent Order (Injunction) against continuing invasion of any more noxious activity, to her verbal (offensive) acts, to her displayed violent physical acts, threat to do bodily harm, use of vicious dogs, destruction, aggression, and all related conditions against Plaintiff. F. Lorean Duvall to be required under Court Order to pay the costs of removal and clean-up of any garbage to debris caused from her destruction of Plaintiffs property. G. Pay the costs of full restoration of or complete repairs to any thing, chattel, to the land, injury to animals, or other property she caused with destructive damage done.
Kirkland: 4:11-CV-3902 TMP 410 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

411

H. All dogs to be extracted-removed from the premises or belong to Lorean Duvall and Christopher Duvall. I. Lorean Duvall to pay for all replacement costs to replace and install all property fences she took by Larceny theft or damaged destroyed. J. The original survey re-conveyed, boundary line pin markers reinstalled, with re-survey costs included. K. Bushes, fill dirt, grass, plants, and all vegetation properly restored to such as the flowers, flower beds, vegetable garden, water fountains, holes, trenches filled, grass seeding, harmful air pollutants, chemicals, toxic soil removed. L. Lorean Duvalls unlawful land encroachment is null & void against Plaintiff, a Judgment for Plaintiff to Bill of Quiet Title is sought, as a Bank Property Mortgage Agreement, a written Contract, was / is / still remains legally in effect, still at issue before the Court to be now determined by Jury, as there is an agreement between the parties, Plaintiff and Brenda Barnes, Bank CEO and the Peoples State Bank of Commerce. The law recognizes a duty to perform stated agreements or promises written in the contract, and allow recovery of damages for the lack or failure of specific performance of said agreements or promises. M. Further, Plaintiff holds a lawful Land Patent on the Property, that is not refuted-rebutted, which has not been in question throughout any court proceedings in the Marshall County Circuit Court. N. Plaintiffs Marshall County Circuit Court Records of Judgments, Orders, and all proceedings in these entire matters EXPUNGED.
Kirkland: 4:11-CV-3902 TMP 411 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

412

O. Plaintiff awarded Declaratory Prospective Injunctive Relief Order from all Marshall County Court Judgments and proceedings. P. Permanent Injunction Protection from Lorean Duvall, Christopher Duvall, Chuck Van Etten, Grant Police Officers, Marshall County Sheriff Deputies, Sheriff Scott Walls from ever again coming near or on Plaintiffs Properties, bothering-contacting Plaintiff based on any matter within this Complaint. Q. Expenses incurred by alternate transportation, fuel, tires, oil, mileage wear & tear, travel time, assisted helps time involved, R. Property rent paid away from home, and further, property restitution of time away incurred by denial of enjoyment to Home and personal property. S. Lorean Duvall and Christopher Duvall and must permanently move out of the next door house, never to return for any reason ever again. T. Plaintiff claims the value of loss to enjoyment of her land, and to loss for disrupted plans for this land use to future profits. U. Plaintiff claims the measure of damages for the wrongful occupation of her property including to the preceding five years prior to the time of this commencement of Complaint action as the Court shall find. V. Plaintiff claims the Cost of repair and restoration of the property to its original condition and; W. Plaintiff claims the costs she has incurred of recovering possession.
Kirkland: 4:11-CV-3902 TMP 412 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

413

1518. Consequential Damages: For Carolyn Sue Kirkland, has suffered severe increased duress, physical discomfort, mental pain & suffering away from familiar surroundings and assisted home equipment, devices, medical convenience of care. 1519. WHEREFORE, Plaintiff demands Judgment against the Defendant Lorean Duvall for Special Damages, Consequential Damages Compensatory Damages as the Court shall find, Punitive Damages as the Court shall find, plus costs of this proceeding and interest, and for such other and further relief as the court deems appropriate, just and proper in the premises. 1520. Punitive Damages: The conduct of the Defendant Lorean Duvall is seen as so malicious, outrageous, intentional, offensive, willful and wanton and in complete disregard for the rights of Plaintiff, Plaintiff Demands Punitive Damages for (1/2 ) One Half of Lorean Duvalls net worth, to assets, any inheritance, and Plaintiff further demands (1/2) of all Job or Business Profits, salaries, commissions, bonuses, profit sharing, Stocks, Bonds, or any other entitlement net worth to be garnished by the Federal Court for the next (8) eight years demanded as punishment. LOREAN DUVALL COUNT 2. TRESPASS 1521. Plaintiff incorporates herein by reference at all times relevant to this Complaint Defendant was acting under the authorities of and pursuant to and under 42 U.S.C. 1983 et seq., 1985 et seq.,

Kirkland: 4:11-CV-3902 TMP

413

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

414

1981 and 1982 et seq.,18 U.S.C. 242., 241, to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1) through (414), directly as its total description was all joined, caused, and or is attributable to Defendant No.4, Lorean Duvalls unlawful actions to Plaintiffs Second Cause of Action against her (Count 2) as though the same were fully set forth herein. 1522. Lorean Duvall & Christopher Duvall moved in to the next door neighbors property as an OCCUPANT or Renter about August of 2004. They are married. 1523. From that time 2004, Christopher Duvall immediately began to come around Plaintiff often on a daily basis with the excuse he was looking for his dogs at which time were a couple of dogs indeed let loose to roam around Plaintiffs property. 1524. These repeated continuous events quickly led to flirtations, innuendo, to more direct nasty words-language, then derogatory remarks, put-downs or comments, to outright yelling at Plaintiff. 1525. Plaintiff demanded that Christopher Duvall stop his flirtations, as he was married, she was not interested in any such continued talk or his choice of language, to control his dogs, and stop bothering Plaintiff with the same continuous troublesome activity. Duvall did not stop. 1526. Lorean Duvall was aware her husband was paying unusual attention to Plaintiff and started coming around herself observing her
Kirkland: 4:11-CV-3902 TMP 414 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

415

husbands activities towards Plaintiff herself also watching Plaintiff. 1527. As Plaintiff rejected these advances made by Christopher Duvall, Plaintiff repeated for him to Stop, and leave her alone. Duvall did not stop. 1528. It is apparent by this time, Lorean Duvall was mad at her husband, jealous of Plaintiff, and now Lorean Duvall herself was joining into harmful activities against Plaintiff with her husband. 1529. Plaintiff told Christopher Duvall he and his dogs were not welcomed and started locking her gate. 1530.Christopher Duvall was getting upset to angry at Plaintiff rejecting and ignoring him, notes and objects were placed on her gate or thrown into her yard. 1531. Christopher Duvall DID not take No for an answer, but rather stepped up-increased his activities going from bad to worse against Plaintiff. 1532. So Lorean Duvall now having an axe to grind, joins with her husband Christopher Duvall during this time and was or became friends with another neighbor, Chuck Van Etten, an Ex Police Officer of the Town of Grant, Alabama and began a dialogue of Chuck Van Ettens own encroachment of Plaintiffs property, discussed, devised some ideas or shared information to their dislike of Plaintiff as an easy target which is evidenced by their intentions committed against Plaintiff that is in full view to damage they committed on her property and to her in corresponding Court actions, photographs, and witnesses.
Kirkland: 4:11-CV-3902 TMP 415 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

416

1533. And so began the conspiracy and constant trespass against Plaintiff by, between these three neighbors, Lorean Duvall & Christopher Duvall and Chuck Van Etten to employ their Police-Deputy friends to Police Misconduct aid & abeting, assisting in misfeasance to harassing Plaintiff, Plaintiff calling the Police, filed her Reports, the Police and Deputies ignoring the Plaintiff, rather instead protectingshielding Chuck Van Etten- Lorean & Christopher Duvalls harassing activities- events against Plaintiff. 1534. Therein, intrusions to trespass on Plaintiffs property has occurred ever since on a daily basis violating the legally owned, protected possessory interest of Plaintiff in the use and enjoyment of her property. 1535. Lorean Duvall & Christopher Duvall has been extreme in their verbal aggressions to substantial physical property contact damages, to an affirmative, repeated, continuous, non-stop intentional torts, (ACTS ) causing harmful damaging destruction to the land, horses, Plaintiff, friends, family, Plaintiffs Mother substantially attacked by Duvalls dogs and injured, all abrupt intentional physical and violent intrusions subject to liability. 1536. Lorean Duvall & Christopher Duvall has committed intentional invasion to trespass on purpose to cause physical land and property damage, doing it with full knowledge intent that damage and harm to Plaintiff would result. 1537. Lorean Duvall & Christopher Duvall constantly yell derogatory to nasty language at Plaintiff, coming onto Plaintiffs property crossing over and across, or sometimes circles around inside back and forth, with
Kirkland: 4:11-CV-3902 TMP 416 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

417

(4) wheelers, a bicycle, a motorcycle, their truck, trailer, his lawnmower, or walking and standing on Plaintiffs property yelling, laughing, pointing at, waving to or swinging their arms around at Plaintiff. 1538. Both Lorean & Christopher Duvall has constantly threatened Plaintiffs safety by releasing their dogs having an aggressive nature demonstrating their propensity to actually attack animals and people, let loose to roam on Plaintiffs property intentionally while Lorean & Christopher Duvall stand laughing and watch their dogs bark at-chase Plaintiff. 1539. Lorean & Christopher Duvall have repeatedly destroyed, removed, stolen various sections of Plaintiffs property fences, bushes, grass, water fountains, flowers, flower beds, a vegetable garden by use of chemicals, poisons, oils, paint, bleach, air borne chemical pollutants. 1540. Lorean & Christopher Duvalls anger to willful destructive behavior has even extended to and committed vandalism aimed at yet another next door neighbors yard who helps, supports Plaintiff, causing, destroying, altering, and defacing property belonging to this other neighbor with the purpose of defacing; by man-made substances as spray painting, bleach, oils, paint, poisons, glue, toilet tissue rolled through the trees, used on the lawn, a vehicle, and the front of the house and porch areas, malicious trespass to damage property here as such, seen in the evidence of photographs already submitted to the Federal Court. 1541. Christopher Duvall in addition to his repeated verbal threats, harassment, with actual physical damages done, he further operates a business that uses chemicals, air pollutants that come across Plaintiffs
Kirkland: 4:11-CV-3902 TMP 417 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

418

property that causes foul odors, fumes, gases, airborne paint mist particulates, release of hazardous noxious gas-dust chemicals, molecules seen in the air that endangers the health, and safety of Plaintiff. 1542. Plaintiff fearing for her safety, began feeding her horses, working on her property at night under cover of dark, so Lorean & Christopher Duvall might not see or detect her, yet still having to duck out of sight where they come around looking for her. 1543. Lorean & Christopher Duvall clearly understands, knows very well with full intent as to what they are doing to the Plaintiff, with reasonable foreseeability that their acts constitute an act of constant trespass to harm Plaintiff, intruding intentionally on plaintiffs possessory interest against her emotional to mental well being knowing they cause her to fear for her safety, anguish in damage, destruction to her property, relishing in all this for years now knowing the Police and Deputies will not bother them, but shield them. 1544. Lorean & Christopher Duvall are a major interference against Plaintiff as shown with substantial evidence now in support that has been entered into the Federal Court record so far, more on the way behind this Complaint, and Plaintiffs witnesses to testify against Lorean Duvall, Christopher Duvalls activities that prove the Duvalls continually obstruct the Plaintiff in the use and enjoyment of her land and property. 1545. Lorean & Christopher Duvalls constant physical entry upon Plaintiffs land is such a severe interference, with intentional malice, destructive purpose, purposely, willfully done that nobody should be forced to live under such circumstances, where in-fact Plaintiff could
Kirkland: 4:11-CV-3902 TMP 418 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

419

not remain but was driven off her property and cannot return because of definite risk and harm of being physically attacked, injured or worse. 1546. PLAINTIFF, as the result of Lorean Duvall and Christopher Duvalls Trespass with further credible threats to actual physical violent conduct, fraudulent Court action conduct, in a joined conspiracy, therein Plaintiff was damaged as a result of Lorean & Christopher Duvall committing actions in a fabricated fraudulent malicious prosecution already to the Marshall County Court, Plaintiff was therein damaged by physical arrest, to false imprisonment, damage to land, loss of liberty, loss of land, loss of other property, made to suffer extreme financial damage and hardship, physical pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, and deprivation of society with her family as a result, Plaintiff still currently remains under severe threat duress for her safety and can not go home accordingly will likely be injured or worse. 1547. Therefore, Lorean Duvall DID commit continuous Trespass, against Plaintiffs safety, peace, tranquility to her enjoyment of her property, caused a Breach of the Peace and DID further violate Plaintiff also joined in conspiracy with other Defendants, did effect or directly violate portions of the Plaintiffs Constitutional Bill of Rights, right to contract, property rights, a Breach of Mortgage Contract, all causing an outrageous intentional Abuse of Process-Malicious Prosecution against Plaintiff, a reckless disregard even with malice against Plaintiffs Rights pursuant to and under Title 42 U.S.C. 1983 et seq., 1981, 1982, 1985, Title 18 242, and 241. 1548. PLAINTIFFS DEMAND FOR DAMAGES

Kirkland: 4:11-CV-3902 TMP

419

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

420

AGAINST LOREAN DUVALL Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff against Lorean Duvall, is set out just before the beginning of COUNT 1 Conspiracy against her, is applied here as though the same were fully set forth herein. LOREAN DUVALL COUNT 3. PRIVATE NUISANCE 1549. Plaintiff incorporates herein by reference at all times relevant to this Complaint Defendant was acting under the authorities of and pursuant to and under 42 U.S.C. 1983 et seq., 1985 et seq., 1981 and 1982 et seq., 18 U.S.C. 242., 241, to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1) through (421), directly as its total description was all joined, caused, and or is attributable to Defendant No.4, Lorean Duvalls unlawful actions to Plaintiffs Third Cause of Action against her (Count 3) as though the same were fully set forth herein. 1550. Christopher Duvall, and his wife Lorean Duvall, about August of 2004, moved in to a neighbors property, located directly adjoining next door beside Plaintiffs property, the Duvalls address is at 2854 Cathedral Caverns Highway Grant, Alabama 35747. 1551. Lorean Duvall & Christopher Duvall are ONLY an OCCUPANT

Kirkland: 4:11-CV-3902 TMP

420

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

421

or Renter in the House next door to Plaintiff where (NEITHER ONE OF


THEM, ARE NOT THE PROPERTY OWNERS).

1552. Lorean & Christopher Duvall all along, acts as though they somehow magically own this next door property and portions of Plaintiffs property to dispute such things as lawful property boundary lines and such, where they have NO ownership, NO legal entitlement, NO proper legal Standing of any description to claim or dispute such matters. 1553. Plaintiff is the lawful property owner of her property ( NOT IN DISPUTE WITH BANK HERE) where Plaintiff owns this land and home free & clear of any Mortgage or any other encumbrance otherwise where she has lawfully maintained a Trust Deed with original survey performed under that Mortgage Contract, and now holds a lawful Land Patent on this property located at 3004 Cathedral Caverns Highway Grant, Alabama 35747. 1554. The Plaintiff as landowner, is in rightful possession of her land, where she has the right to the unimpaired condition of the property and to reasonable enjoyment, comfort and convenience in its occupation. 1555. Christopher Duvall first began immediately right after moving in next door to Plaintiff in 2004, to bother Plaintiff on a daily basis with the constant excuse he was looking for his dogs on Plaintiffs property quickly then becoming a private nuisance in an every day interference to Plaintiff and with Plaintiff's enjoyment and use of her land. 1556. Christopher Duvalls attention turned quickly into flirtations, innuendo, inappropriate comments, words, language, where the Plaintiff
Kirkland: 4:11-CV-3902 TMP 421 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

422

asked Christopher Duvall to stop. He continued to bother Plaintiff. 1557. Lorean Duvall was aware her husband Christopher Duvall was often over on Plaintiffs property always around Plaintiff. 1558. Lorean Duvall was often outside observing her husbands presence around Plaintiff, Lorean Duvall walking down to, around and onto Plaintiffs property looking around and watching Plaintiff. 1559. Lorean Duvall certainly knew her husband had an interest in Plaintiff, and apparently, Loren Duvall mad upset and in correlated to joined agreement to get even or get back at Plaintiff, DID join in with Christopher Duvalls aggressions-harmful acts against Plaintiff. 1560. Christopher Duvall continued on into various circumstances of repeated harassments, Plaintiff rejecting him and ignored his advances. 1561. Just the same, Lorean Duvall DID join in with her husband side by side, Christopher Duvall became upset-angered that Plaintiff ignored him, Lorean Duvall now fully supporting Christopher Duvall were seen together where both of them acting together began stepping up increased harassments to get back at the Plaintiff, going to continuous Trespass, Assaults. 1562. Lorean Duvall & Christopher Duvall harbors several dogs that are known to have very certain aggressive behavior, and propensity to vicious attack. 1563. Lorean Duvall & Christopher Duvall let their dogs loose to roam Plaintiffs property, that have no apparent tags, nor vaccinated, barking
Kirkland: 4:11-CV-3902 TMP 422 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

423

at Plaintiff, running her horses in Plaintiffs pasture, interferingthreatening Plaintiffs safety, health, and well being, the Plaintiff concerned to such as they are keeping possible infectious, diseased dogs. 1564. Lorean & Christopher Duvalls dogs often come around on Plaintiffs property where they are aggressive against Plaintiff. 1565. Lorean Duvall and her husband Christopher Duvall would time to time stand at, sit on the Plaintiffs fence, watching and laughing at Plaintiff while the Duvalls dogs barked at, follow and ran after plaintiff back inside her house. 1566. Lorean Duvall & Christopher Duvall who keeps-harbors several dogs, (5) five have been seen together at times, injury is a constant threatened condition Plaintiff is forced to live with. 1567. Plaintiff was typically often obstructed from her work on her own property, having to stop and go inside for safety. 1568. Lorean & Christopher Duvalls dogs are sometimes a nuisance at night where dogs bark all night keeping the Plaintiff awake disturbing the tranquility of sleeping. 1569. On occasion, Lorean & Christopher Duvalls dogs run and chase after Plaintiffs horses at night in the pasture. 1570. Then injury did finally occur to one of Plaintiffs horses, a bite injury to the horses leg and swelling keeping the horse down for two weeks recovering.

Kirkland: 4:11-CV-3902 TMP

423

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

424

1571. Then injury actually occurred, to Plaintiffs mother where she was working on Plaintiffs property in a flower bed when Christopher Duvalls dogs attacked her, running her down, where she managed to get back inside the house just after a deep wound into her leg with profuse bleeding, infection set in and caused complications to her immune system Doctors were unable to clearly identify. 1572. Lorean Duvall and Christopher Duvall both, began unreasonable, unwarranted, unlawful encroachment of Plaintiffs property with events of physical damage occurring to Plaintiffs grass, bushes, flowers, flower beds destroyed, pouring soap into water fountains, chaining old car tires to fences, fence boards knocked completely out, garbage scattered over her yard, deep holes and trenches dug out in her yard, all this that substantially interferes with Plaintiffs enjoyment and use of her own property. 1573. Lorean Duvall & Christopher Duvall now claims- uses some (50) feet inside Plaintiffs property where they interfered with the placement and physical condition of Plaintiffs property boundary line survey pin markers pulled out of the ground, including destruction of fences, land, and vegetation. 1574. Lorean & Christopher Duvall runs or operates some Glass Repair or a business from their house they occupy as ONLY OCCUPANTS, without license authorizing this particular activity. 1575. Lorean Duvall & Christopher Duvall do contract glass repair for the Town of Grant Police Department.

Kirkland: 4:11-CV-3902 TMP

424

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

425

1576. The Duvalls have a friendship, business relationship with the local Police Department and Marshall County Sheriffs. 1577. Christopher Duvall puts or continues to spray chemicals into the air outside, creating foul odors, fumes, noxious gases, smoke, dust, loud noises, are heard and seen blowing across and onto the plaintiffs land. 1578. Plaintiff complaining to the Police or Sheriff Deputies does nothing, Police have actually told Plaintiff to move or get off her own property. 1579. Lorean & Christopher Duvall after learning of actual harm or substantial risk of future harm to the plaintiff's health concerns, interest, continued their intentional conduct to interference acting for the purpose of causing harm on purpose, interfering with the comfort, convenience, and health of Plaintiff. 1580. Lorean & Christopher Duvalls harmful conduct is intentional, shown from evidence, Plaintiffs witnesses, photographs, to the Court. 1581. Lorean Duvalls conduct and interference has been strongly offensive, seriously annoying, to actual physical aggression, violent destruction to a wide variety of minor crimes that threaten the safety, health, morals, comfort, convenience, welfare, substantial interference with the Plaintiffs interest to Plaintiffs use and enjoyment of her land and property. 1582. Damage has actually caused Plaintiff to be run off her own lawful property of which she cannot return to as Lorean & Christopher Duvall
Kirkland: 4:11-CV-3902 TMP 425 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

426

are seen as loose cannons, who will endanger, harm, or commit a violent physical act to the plaintiff. 1583. PLAINTIFF, therein was damaged as a result of Lorean Duvall committing actions to being a Personal Nuisance violating Plaintiffs Safety, Peace, tranquility to her enjoyment of her property, causing a Breach of the Peace, violating Plaintiffs Rights, committing torts against Plaintiff, going into a shared joined conspiracy, then to a malicious prosecution, Plaintiff was therein damaged by physical arrest, to a false imprisonment, loss of liberty, loss of land, loss of car, loss of other property, made to suffer extreme financial damage and hardship, physical pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, and deprivation of society with her family as a result. 1584. Therefore, Lorean Duvall did commit Private Nuisance against Plaintiff, further violating most all of the Plaintiffs entire Constitutional Bill of Rights, right to contract, property rights, a Breach of Mortgage Contract, all causing an outrageous intentional Abuse of Process against Plaintiff, a reckless disregard even with malice against Plaintiffs Rights pursuant to and under Title 42 U.S.C. 1983 et seq., 1981, 1982, 1985, Title 18 242, and 241. PLAINTIFFS DEMAND FOR DAMAGES AGAINST LOREAN DUVALL Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff against Lorean Duvall, is set out just before the beginning of COUNT 1 Conspiracy against her, is applied here as though the same were fully set forth herein.
Kirkland: 4:11-CV-3902 TMP 426 U.S.C. TITLE 42 1983, 1985 et seq.

1585.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

427

LOREAN DUVALL COUNT 4. CIVIL STALKING 1586. Plaintiff incorporates herein by reference at all times relevant to this Complaint Defendant was acting under the authorities of and pursuant to and under 42 U.S.C. 1983 et seq., 1985 et seq., 1981 and 1982 et seq., 18 U.S.C. 242., 241, to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1) through (427), directly as its total description was all joined, caused, and or is attributable to Defendant No.4, Lorean Duvalls unlawful actions to Plaintiffs Fourth Cause of Action against her (Count 4) as though the same were fully set forth herein. 1587. Plaintiff incorporates herein by reference at all times relevant to this Complaint, STALKING- Code of Ala. 13A-6-90, AGGRAVATED
STALKING Code of Ala. 13A -6- 91. HARASSMENT Code of Ala. 13A11- 8 (1) (b), as though the same were fully set forth herein.

1588. Christopher Duvall moved in next door to Plaintiffs property in about August of 2004 with his wife Lorean Duvall, as occupants or renters. Lorean & Christopher Duvall are NOT the next door property owners. 1589. Lorean & Christopher Duvall ARE ONLY OCCUPANTS, where they do not own or hold any lawful Title or Deed to this next door property, but acting out as if or though they do.

Kirkland: 4:11-CV-3902 TMP

427

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

428

1590. Christopher Duvall from 2004, quickly set out to flirt with Plaintiff, his advances rejected by Plaintiff, has aggressively engaged in a pattern of conduct intended to harass or alarm Plaintiff, then shortly thereafter, Lorean Duvall joining in with her husbands acts for (8) eight years now. 1591. Lorean Duvall & Christopher Duvall has continuously maintained a series of acts over this entire (8) eight year period of time, in his continuity of purpose to harass Plaintiff, will not, or refuses to stop their harassing activities. 1592. Lorean Duvall & Christopher Duvall both, are presently and especially now are considered potentially dangerous acting out with disturbing aggression against Plaintiff with a stalker's behavior. 1593. Lorean & Christopher Duvall constantly watches Plaintiff all the time while she is at home or working on her property, coming around Plaintiff, yelling at her all the time with verbal abusive language, innuendoes, insults, using cusswords. 1594. Christopher Duvall and Lorean Duvall even bring their kids to sit or stand at Plaintiffs fence where they often watch, yell, make gestures, and laughing at Plaintiff working on her property repairing damage the Duvalls have caused, or even mowing her grass. 1595. Plaintiff clearly and definitively demanded that Lorean Duvall and Christopher Duvall cease their pattern of conduct and leave the Plaintiff alone.

Kirkland: 4:11-CV-3902 TMP

428

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

429

1596. Lorean & Christopher Duvall persisted in their conduct after Plaintiffs demands that they cease their harassment. 1597. Lorean Duvall & Christopher Duvall rather-otherwise escalated their abusive activities into physical harmful aggression to vandalize, destroy, putting poisons into or on vegetation, grass, digs large holes and causes trenches in the lawn, destroys flower beds, bushes, plants, vegetable garden, put soap into the garden water fountains, chains-locks old car tires to Plaintiffs fence, has caused destruction to and complete theft of sections of property fences. 1598. Lorean & Christopher Duvall have escalated into vandalism to a neighbors yard who helps Plaintiff, Lorean & Christopher Duvall destroyed vegetation, grass, trees, bushes, plants, and defacing of the House, porch, a parked vehicle, by use of graffiti, spray paints, glues, oils, bleach, toilet paper. 1599. Both Lorean & Christopher Duvall retaliating when Plaintiff called Police making Police Reports on them, Christopher Duvall insinuates with verbal threats to Plaintiff he will cause her actual physical harm. 1600. Both Lorean & Christopher Duvall have made credible threats made with the intent and apparent ability to carry out the threat so as to cause or to place Plaintiff in reasonable fear for her safety. 1601. Lorean & Christopher Duvall does contract work for the Town of Grant Police Department, therein has an association, friends or knowing local Police Officers and Marshall County Sheriff Deputies who

Kirkland: 4:11-CV-3902 TMP

429

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

430

befriend Defendants Lorean & Christopher Duvall and have appeared to completely ignore any and all complaints made against the Duvalls. 1602. Christopher Duvall made the statement in front of witnesses to County Commissioner R.E. Martin that Duvall wanted, was going to take (50) fifty feet of Plaintiffs property, demanding R.E. Martin to do the job and take property from the Plaintiff for Lorean & Christopher Duvalls benefit. 1603. Christopher Duvall, even his wife Lorean Duvall, both of them, have numerous times followed Plaintiff in their cars following behind Plaintiff to see where she goes from time to time. 1604. Lorean Duvall at times has passed by Plaintiff on the road where Lorean quickly turns her car around at accelerated speed, chasingfollowing after the Plaintiff. 1605. Christopher Duvall and a friend of his were in a (4) four wheeled hunting vehicle, attempted to hit-run over Plaintiff, where witnesses heard them yell out, Run over the Bitch. 1606. Lorean & Christopher Duvall and Plaintiff in the Marshall County Court before Judge Tim Riley, Riley ordered a Restraining Order between the parties until the case was further heard. 1607. Lorean & Christopher Duvall violated that Restraining Order and still continued to approach Plaintive with verbal abuse, now six months later turned the (4) four wheeler incident around and made up a story, fabricated a false fraudulent claim that Plaintiff was the one who ran

Kirkland: 4:11-CV-3902 TMP

430

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

431

down Lorean Duvalls children with her Truck in retaliation against Plaintiff. 1608. Lorean Duvall & Christopher Duvalls deceit-deceptive fraudulent alleged claim to the Court immediately caused Plaintiff to then suffer false arrest, false imprisonment in Marshall County Jail. 1609. As a result of Lorean & Christopher Duvalls pattern of conduct, by witnesses who will testify, and evidence already submitted to the Court, Plaintiff reasonably and substantially fears for the safety of herself and her sister, (Susie) Carolyn Sue Kirkland. 1610. Both, Lorean & Christopher Duvall have clearly demonstrated that they are now considered dangerous, loose cannons, to physically injure Plaintiff at this point, where they repeatedly annoy, torment, and terrorizes the Plaintiff, and which serves no legitimate purpose, the course of conduct such as would cause a reasonable person to suffer substantial emotional distress. 1611. Plaintiff has indeed suffered extreme irreparable harm, and will continue to be subjected to physical injury or worse if no action is taken against both Lorean Duvall and Christopher Duvall to stop them. 1612. Even a Restraining Order, may not effectively abate Lorean Duvall or Christopher Duvalls stalking conduct, leaving-making the Plaintiff a victim of a violent physical act with no alternative but to wait for a stalker to act in a more severe and dangerous manner to her detrimental demise.

Kirkland: 4:11-CV-3902 TMP

431

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

432

1613. Plaintiff has physical and corroborating evidence (Photographs), Police Reports, Affidavits, and several witnesses who will testify to these events. 1614. PLAINTIFF, as the result of Lorean Duvalls credible threats to actual physical violent conduct to endanger Plaintiffs safety, peace, tranquility of enjoyment to her property, causing a Breach of the Peace, goes to her committing Civil Stalking, furthered by fraudulent Court action conduct, in a joined conspiracy, therein Plaintiff was damaged as a result of Lorean Duvall committing actions in a fabricated fraudulent malicious prosecution already to the Marshall County Court, Plaintiff was therein damaged by physical arrest, to a false imprisonment, damage to land, loss of liberty, loss of land, loss of other property, made to suffer extreme financial damage and hardship, physical pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, and deprivation of society with her family as a result, Plaintiff still currently remains under severe threat duress for her safety. 1615. Therefore, Lorean Duvall did-does further commit Civil Stalking against Plaintiff also joined with her husband in conspiracy with other Defendants, did effect or directly violate portions of the Plaintiffs Constitutional Bill of Rights, right to contract, property rights, a Breach of Mortgage Contract, all causing an outrageous intentional Abuse of Process-Malicious Prosecution against Plaintiff, a reckless disregard even with malice against Plaintiffs Rights pursuant to and under Title 42 U.S.C. 1983 et seq., 1981, 1982, 1985, Title 18 242, and 241. 1616. PLAINTIFFS DEMAND FOR DAMAGES
432 U.S.C. TITLE 42 1983, 1985 et seq.

Kirkland: 4:11-CV-3902 TMP

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

433

AGAINST LOREAN DUVALL Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff against Lorean Duvall, is set out just before the beginning of COUNT 1 Conspiracy against her, is applied here as though the same were fully set forth herein. LOREAN DUVALL COUNT 5. STRICT LIABILITY IN TORT 1617. Plaintiff incorporates herein by reference at all times relevant to this Complaint Defendant was acting under the authorities of and pursuant to and under 42 U.S.C. 1983 et seq., 1985 et seq., 1981 and 1982 et seq., 18 U.S.C. 242., 241, to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1) through (434), directly as its total description was all joined, caused, and or is attributable to Defendant No.4, Lorean Duvalls unlawful actions to Plaintiffs Fifth Cause of Action against her (Count 5) as though the same were fully set forth herein. 1618. On-at numerous dates & times, voluminous, herein listed as Police Reports and Affidavits submitted into Court Record Evidence-Exhibits the Defendant was the owner of or harbored several to (5) five dogs seen continuously combined together roaming loose on Plaintiffs property. 1619. Defendant knowingly owned or harbored several dogs that were of a vicious nature and that were accustomed to continuous barking,
Kirkland: 4:11-CV-3902 TMP 433 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

434

attacking, biting at, chasing other persons. 1620. One such incident in 2005, Plaintiffs Mother was working in a vegetable garden at-on Plaintiffs property when several of Defendant's dogs attacked barking, biting at her, chasing her down as she ran from them without provocation. 1621. Lorean Duvall knowingly lets these dogs loose where she herself knows these dogs have attacked Plaintiff and several other persons, visitors, mailman, before attacking the Plaintiffs Mother. 1622. These dogs attacked Plaintiffs Mother, causing her to suffer various physical and mental injuries, including but not limited to a laceration, a large cut wound in her right leg shin. The injuries led to scarring, infection set in that did not dissipate, but progressed into causing complications to her immune system, a lameness, present and future pain, suffering, and mental anguish. 1623. PLAINTIFF, as the result of Lorean Duvalls credible threats to actual physical violent conduct, knowingly let her dogs loose on Plaintiff and others against a Strict Liability in Tort, endangered Plaintiffs safety, peace, tranquility to enjoyment of her property, furthered by Lorean Duvalls fraudulent Court action conduct, in a joined conspiracy, therein Plaintiff was damaged as a result of Lorean Duvall committing actions in a fabricated fraudulent malicious prosecution already to the Marshall County Court, Plaintiff was therein damaged by physical arrest, to a false imprisonment, loss of liberty, damage to land, loss of land, loss of other property, made to suffer extreme financial damage and hardship, physical pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of
Kirkland: 4:11-CV-3902 TMP 434 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

435

time, and deprivation of society with her family as a result, Plaintiff still currently remains under severe threat duress for her safety. 1624. Therefore, Lorean Duvall did further violate a Strict Liability in Tort also joined in conspiracy with other Defendants, did effect or directly violate portions of the Plaintiffs safety, peace, tranquility and enjoyment of her property, Constitutional Bill of Rights, right to contract, property rights, a Breach of Mortgage Contract, all causing an outrageous intentional Abuse of Process-Malicious Prosecution against Plaintiff, a reckless disregard even with malice against Plaintiffs Rights pursuant to and under Title 42 U.S.C. 1983 et seq., 1981, 1982, 1985, Title 18 242, and 241. 1625. PLAINTIFFS DEMAND FOR DAMAGES AGAINST LOREAN DUVALL Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff against Lorean Duvall, is set out just before the beginning of COUNT 1 Conspiracy against her, is applied here as though the same were fully set forth herein. LOREAN DUVALL COUNT 6. NEGLIGENCE WITH MALICE 1626. Plaintiff incorporates herein by reference at all times relevant to this Complaint Defendant was acting under the authorities of and pursuant to and under 42 U.S.C. 1983 et seq., 1985 et seq., 1981 and 1982 et seq.,18 U.S.C. 242., 241, to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions
Kirkland: 4:11-CV-3902 TMP 435 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

436

and General Facts For All Counts of Action description from Pages (1) through (436), directly as its total description was all joined, caused, and or is attributable to Defendant No.4, Lorean Duvalls unlawful actions to Plaintiffs Sixth Cause of Action against her (Count 6) as though the same were fully set forth herein. 1627. Lorean Duvall knew that these dogs had previously attacked at least one other person. 1628. Lorean Duvall knew that these dogs were likely to harm individuals unless properly confined or otherwise controlled. 1629. Lorean Duvall failed to exercise reasonable care to confine or otherwise control these dogs. 1630. These dogs attacked, barking, biting at, chasing after Plaintiffs Mother, causing her to suffer various physical and mental injuries, including but not limited to laceration, profuse bleeding occurred in a large cut wound in her right leg shin. The injuries led to scarring, infection set in that did not dissipate, but progressed into causing complications to her immune system, a lameness, present and future pain, suffering, and mental anguish. 1631. PLAINTIFF, therein was damaged as a result of Lorean Duvall committing a Negligence with Malice, allowing her dogs to come onto Plaintiffs property intentionally knowing they were causing an endangerment to People and other animals causing harm to physical injury, further committing actions in a conspiracy causing extreme violations of the Plaintiffs constitutional Rights, Contract Rights, Property Rights, intentional torts to a malicious prosecution, Plaintiff
Kirkland: 4:11-CV-3902 TMP 436 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

437

was therein damaged by physical arrest, to false imprisonment, loss of liberty, loss of land, loss of car, loss of other property, made to suffer extreme financial loss, financial damage and hardship, physical pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, resulting in severe Duress and deprivation of society with her family as a result. 1632. Therefore, Lorean Duvall DID commit Negligence With Malice, further joined in Conspiracy causing Plaintiff substantial contractual financial damage to a Breach of Contract, loss of land and enjoyment of property, causing false arrest-false imprisonment, substantial constitutional Rights violations, under attack to a complete lack of Due Process, Equal Protection and substantial Torts all going against Plaintiff, using the Peoples State Bank Power, made fraudulent banking accusations against Plaintiff, utilizing Marshall Countys prosecuting Power, to the Court Judges, contacted County Sheriff Scott Walls, Sheriff Deputies & local Police of Grant utilized, Marshall County Prosecuting Attorney to the Alabama State Attorney Generals Power, Marshall County Political Power, omissions, concealment, suppression of evidence with Fraud, Perjury, going to a Malicious Prosecution with complete Abuse of Process, putting Plaintiff under the Jail, all in violation of and pursuant to U.S.C. Title 42 1983 et seq. 1981, 1982, Title 18 U.S.C. 242, 241 conspiracy, violations by and under 1985 Conspiracy. 1633. PLAINTIFFS DEMAND FOR DAMAGES AGAINST LOREAN DUVALL Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff against Lorean Duvall, is set out just before the beginning of COUNT 1
Kirkland: 4:11-CV-3902 TMP 437 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

438

Conspiracy against her, is applied here as though the same were fully set forth herein. LOREAN DUVALL COUNT 7. INTERFERENCE WITH EXISTING CONTRACT 1634. Plaintiff incorporates herein by reference at all times relevant to this Complaint Defendant was acting under the authorities of pursuant to and under 42 U.S.C. 1983 et seq., 1985 et seq., 1981 and 1982 et seq., 18 U.S.C. 242., 241, to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1) through (439), directly as its total description was mostly all joined, caused, and or is attributable to Defendant No.4, Lorean Duvalls unlawful actions to Plaintiffs Seventh Cause of Action against her (Count 7) as though the same were fully set forth herein. 1635. Plaintiff Donna Jo Kirkland and Brenda Barnes CEO/ Peoples State Bank of Commerce have had a written Contract Agreement Property Mortgage Contract in place for over 18 years. 1636. Brenda Barnes CEO of Peoples State Bank Of Commerce made the Mortgage Contract Agreement with Plaintiff to the Bank with an acceptance, a consideration, by legal capacity, an intent of the parties to contract (objective meeting of the minds), and lawful object, to land property purchase to own. 1637. To wit; Plaintiff is holding a lawful Trust Deed, a Land Patent,
Kirkland: 4:11-CV-3902 TMP 438 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

439

and filed a Re-Conveyance to the Marshall County Probate Court to this property of land in dispute located at, Address: 2756 Cathedral Caverns Highway in Town of Grant, Alabama 35747. 1638. To wit; Plaintiff is holding Title (free & clear) to her Title Deed, and a Land Patent filed to the Marshall County Probate Court and County Land Records to her Home and property located at, Address: 3004 Cathedral Caverns Highway in Town of Grant, Alabama 35747 1639. Lorean Duvall & Christopher Duvall have argued to Town of Grant City Attorney Dan Warnes, and / or the Marshall County Court to some form of unlawful or fraudulent rhetoric to having actual ownership of a portion of Plaintiffs / Banks land property by adverse possession against the Banks Mortgage Title Deed, to Plaintiffs rightful ownership in a Title Deed with the Bank. 1640. Lorean Duvall & Christopher Duvall themselves have pulled up original survey marker rebar pins to Plaintiffs property, torn down property line fences, and actually physically encroached onto Plaintiffs property stating she has the right to approximately some 50 feet inside Plaintiffs property for her own personal use. 1641. Lorean Duvall IS NOT the next door property owner, with NO legal entitlement to make such decisions-declarations, or claim, as she is only an OCCUPANT- RENTER, trespassing onto Plaintiffs lawfully owned land. 1642. Lorean Duvalls argument of adverse possession is not a superior right in the subject matter to that over the other parties, the Bank Mortgage Title to Plaintiffs Title Deed.
Kirkland: 4:11-CV-3902 TMP 439 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

440

1643. Therein, any dispute over rightful ownership to property boundary survey markers goes to the origin of description on the original historical Title Deeds maintained in the County Land Records. 1644. Despite true lawful ownership between Plaintiff and Bank, Lorean Duvall helped herself to moving original survey markers, taking a portion of Plaintiffs Banks land by aggressive physical violent force with her husband Christopher Duvall removing Plaintiffs property line fence putting it up for sale. 1645. Lorean Duvall has no lawful entitlement to Plaintiffs land based on such acts of adverse possession, is only an interfering third party, not privy or joined to Plaintiffs lawful Contract or Title. 1646. Lorean Duvalls husband Christopher Duvall works- contracts with the Town of Grant Police Department and was using the City Attorney Dan Warnes to do their unlawful bidding against Plaintiff, (conflict of interest). 1647. Lorean & Christopher Duvalls actions conspired with Chuck Van Etten against Plaintiff certainly then fired up Bank CEO Brenda Barnes to join the Conspiracy against Plaintiff as well bringing an avalanched mountain of harm down on Plaintiff as Brenda Barnes also had an interest in Plaintiffs land. 1648. Therein, Lorean Duvalls combined acts are in evidence sufficient as the foundation of Plaintiffs Complaint action against her for procuring an interfering breach or unlawful encroachment against Plaintiffs physical land property, and proximate cause to tortious interference in Plaintiffs Title and Mortgage Contract Agreement.
Kirkland: 4:11-CV-3902 TMP 440 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

441

1649. PLAINTIFF, therein was damaged as a result of Lorean Duvall committing actions to unlawfully take-claim a portion of Plaintiffs land with interference to Plaintiffs ownership to the Marshall County Court in fraudulent perjured testimony in a conspiracy causing extreme violations of the Plaintiffs constitutional Rights, Contract Rights, Property Rights, intentional torts to a malicious prosecution, Plaintiff was therein damaged by physical arrest, to a false imprisonment, loss of liberty, loss of land, loss of car, loss of other property, made to suffer extreme financial loss, financial damage and hardship, physical pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, resulting in severe Duress and deprivation of society with her family as a result. 1650. Therefore, Lorean Duvall by Interference With Existing Contract, joining in Conspiracy causing Plaintiff substantial contractual financial damage to a Breach of Contract, loss of land and enjoyment of property, causing false arrest-false imprisonment, substantial constitutional Rights violations, under attack to a complete lack of Due Process, Equal Protection and substantial Torts all going against Plaintiff, using the Peoples State Bank Power, made fraudulent banking accusations against Plaintiff, utilizing Marshall Countys prosecuting Power, to the Court Judges, contacted County Sheriff Scott Walls, Sheriff Deputies & local Police of Grant utilized, Marshall County Prosecuting Attorney to the Alabama State Attorney Generals Power, Marshall County Political Power, going-leading to a Breach of Contract, omissions, concealment, suppression of evidence with Fraud, Perjury, going to a Malicious Prosecution with complete Abuse of Process, putting Plaintiff under the Jail, all in violation of and pursuant to U.S.C. Title 42 1983 et seq. 1981, 1982, Title 18 U.S.C. 242, 241 conspiracy, violations by and under 1985 Conspiracy.
Kirkland: 4:11-CV-3902 TMP 441 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

442

1651.

PLAINTIFFS DEMAND FOR DAMAGES AGAINST LOREAN DUVALL Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff against Lorean Duvall, is set out just before the beginning of COUNT 1 Conspiracy against her, is applied here as though the same were fully set forth herein. LOREAN DUVALL COUNT 8. AGGRAVATED ASSAULT 1652. Plaintiff incorporates herein by reference at all times relevant to this Complaint Defendant was acting under the authorities of and pursuant to and under 42 U.S.C. 1983 et seq., 1985 et seq., 1981 and 1982 et seq.,18 U.S.C. 242., 241, to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1) through (443), directly as its total description was all joined, caused, and or is attributable to Defendant No.4, Lorean Duvalls unlawful actions to Plaintiffs Eighth Cause of Action against her (Count 8) as though the same were fully set forth herein. 1653. Christopher Duvall and his wife Lorean Duvall moved in to a house next door to Plaintiff in August of 2004. 1654. Christopher Duvall since the day he moved in harassed Plaintiff verbally yelling at her to get her attention or worse on just about an every day basis.
Kirkland: 4:11-CV-3902 TMP 442 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

443

1655. Christopher Duvall starting with continued incidents-events of flirtations, then verbal harassments, arguments, going all the way to actual physical encroachment, trespass onto Plaintiffs own lawfully held land property. 1656. Plaintiff refused all such advances made by Christopher Duvall, she had no interest in any extracurricular affairs, Plaintiff ignored and further rejected Defendants advances. 1657. Lorean Duvall around this time was certainly aware of her husbands activity and the attention he gave to Plaintiff. 1658. Lorean Duvall became angered, upset with her husband and certainly started to show her dislike of Plaintiff as well. 1659. Rejected by Plaintiff, Christopher Duvall became more derogatory to verbal harassment, then came these false accusations of the property line boundaries. 1660. Lorean Duvall angered and upset, to Christopher Duvall rejected by Plaintiff, Lorean Duvall joined in support of her husband Christopher Duvalls acts against Plaintiff where now they both seriously stepped up with annoying, alarming, verbal aggravated Assaults, and began actually physical tortuous land encroachments- trespasses, to physical destruction of Plaintiffs property. 1661. Lorean Duvall then joined in to conspire in continual harassment setting up circumstances or events, falsified evidence of criminal charges against Plaintiff, made false testimony to acquire portions of Plaintiffs land and property for herself to local Police and the Court.
Kirkland: 4:11-CV-3902 TMP 443 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

444

1662. Lorean Duvall has made credible verbal threats against the Plaintiff with the intent and apparent ability to carry out the threats as photographic evidence shows submitted to the Court in evidence so as to cause the Plaintiff to substantially fear for her safety. 1663. Lorean Duvall is often witnessed side by side with her husband, both of them will walk down to Plaintiffs property standing against or sitting on the fences yelling derogatory insults and laughing at Plaintiff whenever they get a chance. 1664. Christopher Duvall escalated into very verbal derogatory abusive language, to outright screaming- yelling at the Plaintiff, often at close proximity to a few feet apart, and right in her face, and Lorean Duvall comes right behind him with the same. 1665. The day as Plaintiff was erecting her privacy fence with several other men contracted to install this fence, Christopher Duvall came up to them starting in with derogatory language at Plaintiff, then acting physically menacing, placing Plaintiff in fear of imminent serious bodily injury threat and while at the same time Christopher Duvall was kicking the fence sections around aggressively where it was stacked up to be installed, the next morning where Christopher Duvall had physically pulled down this cemented installed fence with his truck. 1666. Lorean & Christopher Duvall had then loaded Plaintiffs fence sections onto his own Trailer, stealing Plaintiffs fence by Grand Larceny Theft to sell as salvage. 1667. Another one of numerous serious incidents occurred to excite Plaintiff with an apprehension of bodily injury, where Christopher
Kirkland: 4:11-CV-3902 TMP 444 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

445

Duvall went riding with one of his friends in some Gator / Suzuki Off Road (4) Wheeler type of vehicle and went running back & forth over and across Plaintiffs yard digging up grass and dirt tearing up her yard, as Plaintiff with camera in hand went to take a picture, the Duvall even yelled Just run over the bitch, attempting to do so just missing Plaintiff, Christopher Duvall reached out to hit or grab Plaintiff, also missing. 1668. Lorean Duvall, six months later got the idea to spin this (4) Wheeler incident around backwards using against Plaintiff, and filed a criminal charge against Plaintiff saying Plaintiff was the one who tried to run down her children with her truck. 1669. Lorean Duvalls intentional (children incident) fabrication fraud to the Marshall County Court got Plaintiff falsely arrested, falsely imprisoned (Jailed), causing unlawful Battery where Lorean Duvall indirectly through her agents to her fraudulent defective Arrest Warrant, Sheriff Deputies DID physically manhandle Plaintiff injuring, causing pain to her left arm recovery from cancer surgery, was bent and twisted, held in locked handcuffs for a few hours, held in pain, wherein contact was neither lawful or privileged. 1670. Therein, Lorean Duvall used this falsified lie Act committed or done with the full intention to bring about harmful actions in Court, going to offensive physical contact Arrest which in-fact DID cause physical pain and severe duress to Plaintiff. 1671. Lorean Duvall DID make a criminal allegation against Plaintiff procured through or by Fraud to Upon the Court. This children incident is pure fabrication deceit to the Court, completely untrue Perjury.
Kirkland: 4:11-CV-3902 TMP 445 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

446

1672. Lorean Duvall from time to time came outside with her dogs turned loose to run down on Plaintiff, barking at her making her way back to her house while Lorean Duvall stood at the fence watching and laughing at the Plaintiff. 1673. Lorean Duvall is seen committing continuous tortious assaults against Plaintiff where she engages in constant yelling at Plaintiff making verbal threats with actual various intentional physical acts of such a threatening nature, Plaintiff is in constant fear for her safety. 1674. Lorean Duvall is often aggressively waving, swinging her arms while yelling at Plaintiff that is alarming where Plaintiff feels an imminent act of violence is about to occur at any second. 1675. Damage has actually caused Plaintiff to be run off her own lawful property of which she cannot return to as Lorean Duvall & Christopher Duvall are seen as loose cannons, who will endanger, harm, or commit a violent physical act to the plaintiff. 1676. PLAINTIFF, therein was damaged as a result of Lorean Duvall committing actions of Aggravated Assault & Battery, to being a Personal Nuisance going into a shared joined conspiracy, then to a malicious prosecution, Plaintiff was therein damaged by physical arrest, to a false imprisonment, loss of liberty, loss of land, loss of car, loss of other property, made to suffer extreme financial damage and hardship, physical pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, and deprivation of society with her family as a result. 1677. Therefore, Lorean Duvall did Assault Plaintiff, furthered
Kirkland: 4:11-CV-3902 TMP 446 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

447

by her conspiratorial actions the direct cause of committing Battery through her agents (Police officers) against Plaintiff, to violate most all the Plaintiffs entire Constitutional Bill of Rights, right to contract, property rights, a Breach of Mortgage Contract, all causing an outrageous intentional malicious prosecution to Abuse of Process against Plaintiff, a reckless disregard even with malice against Plaintiffs Rights pursuant to and under Title 42 U.S.C. 1983 et seq., 1981, 1982, 1985, Title 18 242, and 241. 1678. PLAINTIFFS DEMAND FOR DAMAGES AGAINST LOREAN DUVALL Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff against Lorean Duvall, is set out just before the beginning of COUNT 1 Conspiracy against her, is applied here as though the same were fully set forth herein. LOREAN DUVALL COUNT 9. GRAND LARCENY THEFT 1679. Plaintiff incorporates herein by reference at all times relevant to this Complaint Defendant was acting under the authorities of and pursuant to and under 42 U.S.C. 1983 et seq., 1985 et seq., 1981 and 1982 et seq.,18 U.S.C. 242., 241, to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1) through (448), directly as its total description was all joined, caused, and or is attributable to Defendant No.4, Lorean Duvalls unlawful actions to

Kirkland: 4:11-CV-3902 TMP

447

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

448

Plaintiffs Ninth Cause of Action against her (Count 9) as though the same were fully set forth herein. 1680. Lorean Duvall, is now, or was and at all times herein mentioned has been, a (non-owner occupant renter) and is a resident of the next door property to Plaintiff, County of Marshall, Town of Grant, State of Alabama. Address: 2854 Cathedral Caverns Highway, Grant, Alabama 35747. 1681. In Lorean & Christopher Duvalls efforts to harass Plaintiff, the Duvalls set out to take land property from Plaintiff as if they had some entitlement of law or right to do so, as though he were the owner of these properties and taking unlawful actions accordingly as described in other descriptions and Counts in this Complaint. 1682. Lorean & Christopher Duvall watched Plaintiff as she was putting up a privacy fence, where she hired 3 men to install the fence lawfully on her side of the original survey property boundary line. 1683. Christopher Duvall walked up making derogatory remarks at Plaintiff threatening physical force to take down the fence, while physically kicking stacked fence sections. 1684. Plaintiff and her crew installed the fence hardened into concrete. 1685. Lorean & Christopher Duvall, by stealth under cover of night DID pull down the fence apparently as tire tracks evidence suggesting with his truck, exercising unlawful control of the fence, accomplished by threat and force.

Kirkland: 4:11-CV-3902 TMP

448

U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

449

1686. Lorean & Christopher Duvall DID unlawfully take the fence onto his property driveway loaded up on a utility type trailer. 1687. Lorean & Christopher Duvall DID commit Trespass, to seize Plaintiffs fence property against the law, with Grand Larceny Theft. 1688. Lorean & Christopher Duvall in trespassory force manner without the consent of the Plaintiff, DID unlawfully enter onto Plaintiffs property. 1689. Lorean & Christopher Duvall DID effect-cause criminal felony Trespass against Plaintiff onto her property committing the taking of Plaintiffs fence in complete trespassory possession- physical control by force. 1690. Lorean & Christopher Duvall DID unlawfully load up Plaintiffs fence on their own utility trailer, taking the fence property away from Plaintiff, DID drive- haul away Plaintiffs fence. 1691. Lorean & Christopher Duvall DID intentionally deprive Plaintiff (still the rightful owner), of her possession to her privacy fence permanently. 1692. Lorean & Christopher Duvall knowing they had no legal right to remove or take Plaintiffs fence, that it did not belong to the them, under the law, nor do they have any legal property entitlement to make any such claim. 1693. Lorean & Christopher Duvall knew Plaintiffs fence had some economic market value of the property at the time and place of their
Kirkland: 4:11-CV-3902 TMP 449 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

450

crime, as they watched the brand new fence being installed, $1,000.00 one thousand dollars in value, possibly sold to a salvage buyer. 1694. Lorean & Christopher Duvall DID effect-cause the intentional direct taking of Plaintiffs property accomplished by the completed criminal felony act of Grand Larceny theft exercising unlawful control by force. 1695. PLAINTIFF, therein was damaged as a result of Lorean Duvall with her husband committing Grand Larceny theft, committing actions in a conspiracy causing extreme violations of the Plaintiffs constitutional Rights, Contract Rights, Property Rights, intentional torts to a malicious prosecution, Plaintiff was therein damaged by physical arrest, to false imprisonment, loss of liberty, loss of land, loss of car, loss of other property, made to suffer extreme financial loss, financial damage and hardship, physical pain, psychological trauma, pain & suffering, loss of reputation and credit, humiliation, discomfort, injury to health, loss of time, resulting in severe Duress and deprivation of society with her family as a result. 1696. Therefore, Lorean Duvall DID commit Grand Larceny theft, joined in Conspiracy causing Plaintiff substantial contractual financial damage to a Breach of Contract, loss of land and enjoyment of property, causing false arrest-false imprisonment, substantial constitutional Rights violations, under attack to a complete lack of Due Process, Equal Protection and substantial Torts all going against Plaintiff, using the Peoples State Bank Power, made fraudulent banking accusations against Plaintiff, utilizing Marshall Countys prosecuting Power, to the Court Judges, contacted County Sheriff Scott Walls, Sheriff Deputies & local Police of Grant utilized, Marshall County Prosecuting Attorney to the
Kirkland: 4:11-CV-3902 TMP 450 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

451

Alabama State Attorney Generals Power, Marshall County Political Power, omissions, concealment, suppression of evidence with Fraud, Perjury, going to a Malicious Prosecution with complete Abuse of Process, putting Plaintiff under the Jail, all in violation of and pursuant to U.S.C. Title 42 1983 et seq. 1981, 1982, Title 18 U.S.C. 242, 241 conspiracy, violations by and under 1985 Conspiracy. 1697. PLAINTIFFS DEMAND FOR DAMAGES AGAINST LOREAN DUVALL Plaintiff incorporates herein by reference at all times relevant to this Complaint, the total description of Damages demanded by Plaintiff against Lorean Duvall, is set out just before the beginning of COUNT 1 Conspiracy against her, is applied here as though the same were fully set forth herein. LOREAN DUVALL COUNT 10. PERJURY 1698. Plaintiff incorporates herein by reference at all times relevant to this Complaint, Defendant was acting under the authorities of pursuant to and under 42 U.S.C. 1983 et seq., 1985 et seq., and 1981 et seq.,18 U.S.C. 242., 241, to all of the allegations inclusive contained in all paragraphs of all preceding causes of action, throughout all of the content in the opening Facts Summary of Corrupt Marshall County Court, Marshall County Sheriff Actions General Facts For All Counts of Action description from Pages (1) through (452), directly as its total description was mostly all joined, caused, and or is attributable to Defendant No.4, Lorean Duvall unlawful actions to Plaintiffs Tenth Cause of Action against her (Count 10) as though the same were fully set forth herein.
Kirkland: 4:11-CV-3902 TMP 451 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts Conspiracy

Donna Jo Kirkland Vs. Brenda Barnes et. al.

452

1699. Lorean Duvall is the instigating origin of causes that created this Conspiracy, (objective meeting of the minds), wherein Lorean Duvall herself joined all other Defendants interested in Plaintiffs lawful object, land property to which Plaintiff is holding a lawful Trust Deed and Land Patent to this property located at, Address: 2756 Cathedral Caverns Highway in Grant, Alabama 35747 1700. Lorean Duvall filed a fraudulent scheme against Plaintiff in dispute existing in Court evidence with physical actions taken and made Statements, Affidavits, Testimony under Oath, to matters stating Plaintiff attempted to / or ran down her children in Plaintiffs Pick-up Truck which Lorean Duvall directly knows herself to be false to the Marshall County Circuit Court. 1701. Lorean Duvall by a complete fabrication of evidence did make false statements against Plaintiff during judicial proceedings with the intent made and used to affect the outcome of the proceedings to mislead and deceive the Court under Oath. 1702. Lorean Duvall by direct willful false statements to the contrary of the truth, stated to Police and Sheriff Deputies the Plaintiff had harmed her children when she did not. 1703. Lorean Duvall had full knowledge of the false nature to her charge that Plaintiff did not hurt her children, fabricating a misleading lie to the Marshall County Court. 1704. Lorean Duvall appeared in Open Court with willfulness and knowledge of the falsity of her statements and proceeded knowingly that she was testifying under Oath [penalty of perjury].
Kirkland: 4:11-CV-3902 TMP 452 U.S.C. TITLE 42 1983, 1985 et seq.

Constitutional Rights, Property, Contract Violations with Intentional Torts