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JS44 CRev. o9/ ttl CIVIL COVER SHEET \lQCY'I4 . The JS 44 civil coversheet and the infomation contained herein neither,r<:J!I~~~~m~+~IJ:!:i ling and service of pleadngs or other papers as required by law, except as pvvided by local rules of court. This form, approved by the Judicial Conference.btihe'. l111-ited State tn-September 1974, is required for the use of the Clerk of Court for the purpose of tnitiating the civil docket sheet. (SEE INSTRUCTIONS ON NE.XT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS William El

(b)

1016 t.' ~-L P.i f.'fl,~~~r~teven Kory Flowers, Wayne Scott, Ron Orgias, Nancy B. Vaughn, Greesboro PO, High Point PO, Michelle Macadlo,

Heather Skeens, Marty Sumner, C.E. Jenkins, Guilford DSS, et al.

County of Residence of First Listed Plaintiff Browaf<L~l\nYSRRJ~ I T ~~lfRestdence ofFtrst Ltsted Defendant Guilford _ __ (EXCEPT IN U.S. PLAINTIFF CASES) --rrRtER"SBI 0 N.C. (IN U.S PLAINTIFF CASES ONLY)

(c) Attomeys (Firm Name, Address, and Telephone Number)

William El, 6511 Nova Drive, Apt. 121, Davie, FL 33317

NOTE:

Attorneys (/[Known)

IN LAND CONDEMNATION CASES, USE THE LOCA T!ON OF THE TRACT OF LAND INVOLVED.

II. BASIS OF JURISDICTION (Place an "X" in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in One Box for PlainliUJ

0 I U.S. Government Plaintiff

0 2 U.S. Government Defendant

0 3 F eder•l Question (U.S. Government Not a Party)

C!!!: 4 Diversity (Indicate Citi=enship of Parties in Item Ill)

IV, NATURE OF SUIT (Place an "X" in One Bot Only) CONTRACT TORTS

0 I I 0 Insurance PERSONAL INJURY PERSONAL INJURY 0 120 Marine 0 310 Airplane 0 365 Personal Injury • 0 130 Miller Act 0 315 Airplane Product Product Liability 0 140 Negotiable Instrument Liability 0 367 Health Care/ 0 150 Recovery of Overpayment 0 320 Assault, Libel & Pharmaceutical

& Enforcement of Judgment Slander Personal Injury 0 !51 Medicare Act 0 330 Federal Employers' Product Liability 0 !52 Recovery of Defaulted Liability 0 368 Asbestos Personal

Student Loans 0 340 Marine Injury Product (Excl. Veterans) 0 345 Marine Product Liability

(For Diversity Cases Only) and One Box for Defendant) PTF DEF PTF DEF

Citizen of This State 0 0 I Incorporated or Principal Place 0 4 C!!!: 4 of Business In This State

c ·itizen of Another State

FORFEITURE/PENALTY

0 625 Drug Related Seizure of Property 21 USC 881

0 690 Other

LABOR

~2 0 2 Incorporated and Principal Place of Business In Another State

0 0 5

0 3 0 3 Foreign Nation 0 6 0 6

BANKRUPTCY OTHER STATUTES

0 422 Appeal 2\ USC !58 0 3 75 False Claims Act 0 423 Withdrawal • 0 400 State Reapportionment

28 usc !57 0 41 0 Antitrust 0 430 Banks and Banking

PROPERTY Rl HTS 0 450 Conunerce 0 820 Copyrights 0 460 Deportation 0 830 Patent 0 470 Racketeer Influenced and 0 840 Trademark Corrupt Organizations

0 480 Consumer Credit so IAL SECURITY 0 490 Cable/Sat TV

0 I 53 Recovery of Overpayment Liability PERSONAL PROPERTY 0 710 Fair Labor Standards 0 861 HIA (!395ft) 0 850 Securities/Commodities/ of Veteran ' s Benefits 0 350 Motor Vehicle 0 370 Other Fraud Act 0 862 Black Lung (923) Exchange

0 160 Stockholders' Suits 0 355 Motor Vehicle 0 3 71 Truth in Lending 0 720 Labor/Mgmt. Relations 0 863 DIWC/DIWW (405(g)) 0 890 Other Statutory Actions 0 190 Other Contract Product Liability 0 380 Other Personal 0 740 Railway Labor Act 0 864 SSID Title XVI 0 891 Agricultural Acts 0 195 Contract Product Liability 0 360 Other Personal Property Damage 0 751 Family and Medical 0 865 RSI (40S(g)) 0 893 Environmental Matters 0 196 Franchise Injury 0 385 Property Damage Leave Act 0 895 Freedom of Information

0 362 Personal Injury. Product Liability 0 790 Other Labor Litigation Act Med. Malpractice 0 791 Empl. Ret . Inc. 0 896 Arbitration

REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS Security Act FEDERAL TAX SUITS 0 899 Administrative Procedure

0 210 Land Condemnation 0!1:440 Other Civil Rights 0 510 Motions to Vacate 0 870 Taxes (U.S. Plaintiff Act/Review or Appeal of 0 220 Foreclosure 0 441 Voting Sentence or Defendant) Agency Decision 0 230 Rent Lease & Ejectment 0 442 Employment Habeas Corpus: 0 871 IRS-Third Party 0 950 Constitutionality of 0 240 Torts to Land 0 443 Housipgl 0 530 General 26 usc 7609 State Statutes 0 245 Tort Product Liability Accommodalions 0 535 Death Penalty IMJ\1IGRA TION 0 290 All Other Real Property 0 445 Amer. w/Disahilities . 0 540 Mandamus & Other 0 462 Naturalization Application

Employment 0 550 Civil Rights 0 463 Habeas Corpus . 0 446 Amer. w/Disabilities- 0 555 Prison Condition Alien Detainee

Other 0 560 Civil Detainee· (Prisoner Petition) 0 448 Education Conditions of 0 465 Other Immigration

Confinement Actions

(Place an "X" in One Box Only) Transferred from llil I Original 0 2 Removed from 0 3 Remanded from 0 4 Reinstated or 0 5 another district 0 6 Multidistrict

Proceeding State Court Appellate Court Reopened s eci Litigation

V. ORIGIN

the Constitution and laws. VII. REQUESTED IN

COMPLAINT: DEMAND$

4,000,000.00 CHECK YES only if demanded in complaint:

VIII. RELATED CASE(S) IF ANY

DATE

tJ I I o fJ /'2.o I b FOR OFFICE USE ONLY

RECEIPT# AMOUNT

(See instntctions):

JURY DEMAND: IX Yes 0 No

JUDGE DOCKET NUMBER

SIGNATURE OF ATTORNEY OF RECORD

AM: Sf

APPLYING IFP JUDGE MAG. JUDGE ----

FILED IN L "IS OFFICE

IN THE UNITED STATES DISTRICT COURT

2016 "~'-'" r11 . FOR THE MIDDLE DISTRICT OF NORTH CAROL~A ~\Q_' ' 2· 56

WILLIAM EL, Sui Juris, ) CLERK US Dtst~ICT COURT ) GREENSBORO, N.C.

Plaintiff; ·

v.

) ) ) ) ) ) )

GREENSBORO POLICE DEJ;>ARTMENT, a ) corporation; WAYNE SCOTT, CHIEF OF ) POLICE; RON ORGIAS, in his individual and ) and official capacity, STEVEN KORY ) FLOWERS, in individual and official capacity, ) NANCY B. VAUGHAN, Mayor of ) GREENSBORO, in her official capacity, ) BILL BENCINI, Mayor of HIGH POINT, in his) official capacity, HIGH POINT POLICE ) DEPARTMENT, a corporation; ) MARTY SUMNER, CHIEF OF POLICE, in his) official capacity, STEPHANIE REESE, in ) official and individual capacity, C. E. Jenkins, ) in official and individual capacity, GUILFORD ) COUNTY DEPARTMENT OF SOCIAL ) SERVICES, a corporation, MICHELLE ) MACADLO, in individual and official capacity, ) HEATHER SKEENS, in her official capacity, ) et al. )

) ----~D~e~re=n=d=an~t~s~. ___________________ )

CIVIL ACTION NO. t (_QOJ \ ~

COMPLAINT

COMES NOW the Plaintiff, William El, ("Plaintiff'), acting pro who files this Complaint

against Defendants and hereby states as follows:

JURISDICTION

1. The Court has jurisdiction over this matter because it concerns a controversy arising under the

Constitution of the United States pursuant to 28 U.S.C. § 1331 and diversity of Citizenship as detailed

in 28 U.S.C. § 1332. This is a civil rights action, declaratory judgment action, and injunction action

brought under42 U.S.C. § § § 1983, 1986, 1988, 18 U.S.C. § 3161 and 28 U.S.C. §§§ 1867,2201 and

2202 respectively.

2. This Court also has jurisdiction of this action by virtue of 28 U.S.C. § § 1343(a)(3) and

1343(a)(4), authorizing jurisdiction of claims brought under 42 U.S.C. § 1983 to enforce civil rights

guaranteed by the United States Constitution. This actions seeks a declaratory judgment pursuant to 28

U.S.C. § § 2201 and 2202.

3. The causes of action and the underlying claims and allegations made the subject of this suit

concern the civil rights of the P_laintiffwho seeks monetary relief accordingly. Venue in this judicial

district is proper pursuant to 28 U.S.C. § 1391 (b) and (c).

4. Plaintiff is an individual resident of Davie, Florida. The Plaintiff is a former resident of North

Carolina and dual resident ofthe State of Illinois and Trustee pursuant tq and detailed in Hurd' s revised

statutes (805 ILCS 11 0/35) (from Ch. 32, par. 164) Sec. 35.

5. Defendant, Greensboro City Police Department ("GPD") is a North Carolina corporation,

registered as a foreign corporation and doing business in the State of North Ca~olina. GDP contracts

itself in this district as "security services contractor" but a "for profit" company which offers services

to governmental entities "free of charge" to the cities of High Point and Greensboro respectively, as a

syst~matic paramilitary unit.

6. Defendant, Wayne Scott is the Chief of the GDP ("Chief of Police") and was appointed by

Greensboro City Manager Jim Westmoreland. The Chief of Police is, inter alia, resp~nsible for the

management of all activities of other subordinate Greensboro Police officers and detectives. The Chief

of Police is being sued in his official capacity.

7. Defendant Ron Orgias is a High Point Police Department ("HPD") officer for the City of High

Point ( "CHP") and a resident of Guilford County, North Carolina. CHP is a municipal corporation

located in Guilford County and operates a police force and a municipal court, doing so under the

direction of its Chief Executive Officer.

8. Mayor Bill Bencini, is begin sued in his official capacity.

9. Defendant, Steven Kory Flowers, is a Greensboro Police Detective for the. City of Greensboro

("GSO") and resident of the state of North Carolina. GSO is a municipal corporation located in

Guilford County and Mr. Flowers himself is being sued in his individual and official capacity. GSO

operates a police force and a municipal court, doing so under the direction of its Chief Executive

Officer, Mayor Marty Sumner, who is being sued in his official capacity.

2

10. Defendant Stephanie Reese is an Assistant District Attorney for the State of North Carolina

and a resident ofthe state ofNorth Carolina. She operates under sworn appointment in both the District

and Superior court and is being sued in her individual and official capacity.

11 . Defendant, Guilford County Department of.Social Services ("GDS") is a municipal Corporation

and subsidiary ofthe Guilford County municipal government. It operates a Child Protective Services

Agency under the direction of Heather Skeens, who is being sued in her official capacity.

12. Defendant Michelle Macadlo is a Child Protective Services case worker for Guilford County

Department of Social Services and a resident of the state of North Carolina. She is being sued in her

individual and official capacity.

13. Defendant C.E. Jenkins is a magistrate for Guilford County, North Carolina and a resident of

the state ofNorth Carolina. She is being sued in her individual and official capacity.

STATEMENT OF THE FACTS

OVERVIEW

14. Plaintiff brings this action because of the operation of the municipal courts under the above

named Defendants' oversight, who have violated and continues to violate Plaintiffs unalien~ble and

constitutional rights as well as his distinguishable and inherent treaty rights conferred in a Bulletin of

the U.S. State Department Vol. 35: 909 as unilaterally "protected".

15. Defendants have imposed a system whereby the administrative, clerical and quasi-judicial

functions of the municipal cou1,1 have been unlawfully contracted to a private business, using the color

of state law for the cqllection of private fees and allowing public money to be confiscated and kept by

privateers, in violation of North Carolina law and the Constitution. See Department of State Bulletin,

Nov. 26, 1956, p.844.

16. Defendants have operated the court by clothing GPD and HPD with the appearances of state

authority allowing GPD and HPD employees to swear out frivolous and fraudulent warrants, though

none have such authority under North Carolina statutes. GPD and HPD employ~es are also allowed

to construct documents which appear to be court orders, warrants via sworn affidavits, etc. holding

such out as having the force and effect of court orders, when they were not lawful orders.

3

17. Defendants have known of this fraudulent activity, but have fashioned a system of allowing

GPD and HPD a free reign to effectuate malicious prosecution, collecting fines, and incarcerating

persons at their mere whim arbitrarily due to latent and patented bias against the Plaintiffs stock.

Plaintiff has been repeatedly [falsely arrested], detained, stripped of custody of his eldest child, placed

on "probation" by Defendants, and in virtually air cases, there is to date no dispositive or reasonable

evidence of a grand jury indictment, injured party, or true bill - all in violation of the Clearfield

Doctrine. See Clearfield Trust Co. v. United States, 318 U.S. 363 (1943).

18. This public ruse is maintained by Defendants in order to impose and collect fines and costs

from Citizens, and is accomplished by somehow granting GPD and HPD executive and Sheriffian '

authority, in concert with C.E. Jenkins and Stephanie Reese. It is further effectuated by allowing GPD

and HPD 'cart blanche' determination of probable cause for an order of arrest simply as a formality by

and through magistrate C.E. Jenkins as opposed to an impartial grand jury in accordance with the law.

' 19. Plaintiff avers that CHP, GSO, GPD and HPD and has unlawfully entered into the business

arrangement with GDS to defame him, impoverish him, wrongfully imprison him, and strip him of

custody of his heir apparent Jordan El (ex relatione Jordan Hall).

20. Further, Defendants have allowed GPD, HPD and GDS employees to bear false witness against

Plaintiff in sham court proceedings, against their respective oaths, without legal authority or proper

basis of authorization. Defendants have operated the system without concern for protecting the U.N.

Rights of indigenous peoples as detailed by President Barak Hussein Obama's September 13, 2007

declaration and the Treaty of Peace (TS 244-2; 9 Bevans 1286), signed at Meccanez (Meknes or

Meqqbinez) September 16, 1836 (3 Jumada II, A.H. :1252). '

20. The operation and structure of the system run by GPD, HPD, GSO and CHP is such that the

Court should declare it to be unlawful, jus cogens and unconstitutional, with any continued operation

enjoined and prohibited.

THE WITHIN-NAMED PLAINTIFF

21. Plaintiff, who is of Moroccan descent, is a current individual resident and state officer of The

State of Florida, who was wrongfully jailed twice within the span of a year between August 2014 and

July 2015 in North Carolina due to purported warrants that were neither the result of grand jury

indictments or lawful orders for arrest.

4

22. Plaintiffs release was authorized only after securitization of funds via his signature bond under

extreme duress and coercion. Further, the release was only authorized when Plaintiffs tax

identification number was procured and used without his knowledge, consent or authorization.

23. Plaintiff was subsequently tried twice in quilford County District Court and Guilford County

Superior court respectively after an Alford Plea (obtained under duress and due to manifest injustice),

wherein probation and fines had been previously ordered by Judge Angela Bullard Fox on March 3,

2015. Although the charges were eventually dismissed on appeal in a Superior court bench trial on

July 21, 2015, Plaintiff endured false arrests without a proper grand jury indictment and a violation of

the double jeopar~y doctrine. See Guilford District County (High Point) court case 14CR084442; See . '

also Guilford County Superior court case 14CRS084442; See also 42 U.S. Code§ 408(a)(1)(7).

24. On July 20, 2015 Plaintiff was unlawfully arrested after celebrating the end Ramadan and whilst

celebrating Moorish-American Independence day. After being held for a secured bond of $10,000 due \

to the pending case [14CRS084442] for 3 days even though he had no criminal record, Plaintiff was

released at 9 p.m. EST on July 22, 2015 after a videotaped arraignment appearance to answer for a

felony charge back-dated April 15, 2015 and sworn out by warrant by Steven Kory Flowers and signed

by Guilford magistrate C.E. Jenkins.

25 . Upon information and belief, said warrant sanctioned by C.E. Jenkins was "back-dated" to April

15, 2015 in order to cause imprisonment, terror and or a failure to appear before the Plaintiff faced a

second trial for case number 14CRS084442 in Guilford County Superior Court on July 21, 2015.

26. Plaintiff was offered a misdemeanor plea bargain by Stephanie Reese through his attorney of

record Candace Morton on July 21, 2015 prior to arraignme~t on the same day later that afternoon,

which he immediately declined. While Plaintiff wanted to avoid the felony charge stemming from

Steven Kory Flower' s back-dated warrant, he understood that the charges were unsubstantiated and

requested a tribunal. Plaintiffs case 15CR075145 was continued twice and to date has not been

heard by a lawful tribunal. On each incarceration, Plaintiff was not read his Miranda rights and was

not afforded the right to a grand jury indictment or to face his accusers.

27. Within the last 1 Yz years, Plaintiff has been jailed by the Defendants twice and was released

only after he submitted a "wet-ink" signature-bond so that his estate could be administered over and

charged/taxed against his will by the defendants. Plaintiff had been told by his "probation officer"

and Judge Angela Bullard Fox that he would stay in jail for at least a year if he did not comply with

5

the court's orders. While Plaintiff ultimately decided to relocate to another state to prevent further

imprisonment and harassment, he was arbitrarily denied the right to truth in evidence or to a lawful,

impartial tribunal.

28. Plaintiff was stripped of custody of his eldest son Jordan El (ex ref. Jordan Hall) by operation

of the Guilford County civil division court by order of Judge Angela Bullard Fox, without process of

service and in absence of all jurisdiction.

29. Plaintiff was wrongfully accused, slandered and vilified by Michelle Macadlo, agent and case

worker for GDS. Michelle Macadlo bore false witness against Plaintiff in case 14CRS084442 and

committed perjury in that her' testimony was in direct contrast to her ChUd Protective Services case file

notes and her original testimony of March 3, 2015 retrieved via discovery from Guilford County

District court case #14CR084442.

30. Plaintiff was arrested twice within the span of approximately 1 year by tjle same HPD officer

being one Ron Orgias. Plaintiff was unlawfully arrested sans proper warrant or grand jury indictment

by Ron Orgias, who also committed perjury in his testimony in case 14CRS08442. Said testimony

was in direct contrast to his original arrest notes and his original testimony retrieved via discovery from

Guilford County District court case #14CR084442 by Attorney Candace Morton, Esq.

CAUSES OF ACTION

31. Plaintiff alleges that Defendants have violated his statutory, constitutional, and inherent treaty

rights peculiar to his moral law by establishing a profit-making schemes to fund and enrich themselves

from his estate. This is done by utilizing sworn officers and agents in a racketeering organization or

consortium. The evidence will establish that HPD and GPD will claim no responsibility to determine

grand jury indictments, true bills, or probable cause. No alternative means of justice, such as tribunals,

fair and equitable presentations of evidence or witnesses, or trial by peers are used as means of

establishing factual evidence or findings of fact of purported criminal activity by Defendants.

32. There are no due process protections to determine legitimacy of charges, to provide sufficient

process of service on the proper person, nor adequate hearings or findings of fact other than an order

of contempt effectuated by 'back-dated ' warrants through magistrate C.E. Jenkins and others who are

party to the racketeering acts. Despite the lack of authority to do so, these collective actions routinely

impose Court fines, revoke probation, increased fines and cost for the purpose of collection. Under this

system, should an individual fail to pay to the satisfaction of CHP/GSO or its municipality, additional

6

fines and or incarceration of the individual takes place without conducting public hearings and without

making any findings, much less determination of due process before taking such punitive action. These

unlawful actions impose illegal fees for costs of incarceration, and resulted in Defendants taking action

to detain and otherwise incarcerate Plaintiff without any lawful jurisdiction to do so.

33. Defendants violated the Plaintiffs Constitutional rights which require every person restrained

of his liberty entitlement to inquire into the lawfulness thereof, and remedy restraint if unlawful,

without denial or delay. Defendants violated the mode of prosecution in that Plaintiff was put forth to

answer criminal charges sans indictment, presentment or impeachment.

34. Defendants also violated Plaintiffs Constitutional rights as an accused party. In all criminal

prosecutions, every person charged with crime has the right to be informed of the accusation and to

confront the accusers and witnesses with other testimony, and to have consul for defense, and not be

compelled to give self-incriminating evidence, or to pay costs, jail fees, or necessary witness fees of \

the defense, unless found guilty. Plaintiff was afforded none of the aforementioned rights.

35. Defendants have violated the Plaintiffs Constitutional rights by adding certain additional

unre(J.Sonable fees, costs, and other charges for each new arrest, or contempt proceeding related to an

earlier charge or 'failure to appear'.

36. Defendants have sought to continue to collect fines and costs and incarcerate Plaintiff sans

jurisdiction and even after its assumed jurisdiction has expired and made public. Plaintiff gave

dispositive evidence via affidavit of the peculiarity of his personem jurisdiction, being specifically

Shereefian. (i.e. Under American law, the Sheriff is the chief executive and administrative officer of

the county, being chosen by popular election. He is also the chief conservator of the peace within said

territory). See 6Pt Congress, 2d. Session, Senate, Doc. No. 357.

37. Defendants, through their joint and consistent action, systematically and falsely imprisoned

the Plaintiff, impoverishing him through his compulsion to pay private attorney's fees, and causing the

loss of his employment with a Department of Transportation affiliated not-for-profit national

association (Triple-A) due to the false arrests. The result of this consistent systematic action of these

defendants is that Plaintiff lost primary physical custody of his eldest son, forfeited his post as a

registered agent for a legitimate non-profit, and had his employment with a private association

terminated due to essentially a debtor's prison for fines, arrests, and other charges. All said charges

were levied by defendants in collusion with the various municipalities for which they work. This form

7

of application results in an unconstitutional deprivation of civil rights guaranteed to the Plaintiff under

the Fourteenth Amendment and 42 U.S.C. § § 1983 and 1986 respectively.

COUNT ONE- DENIAL OF DUE PROCESS

38. Plaintiff incorporates by reference the preyious paragraphs and makes them a part hereof.

39. Defendants, acting under color of state law, systematically deprived the Plaintiff of his rights

and immunities secured by the First, Fourth, Fifth, Sixth, Eighth, Ninth, Thirteenth, and Fourteenth

Amendments to the United States Constitution and the North Carolina Constitution in violation of 42

U.S.C. §§ 1983 and 1986 respectively. Plaintiff avers that Defendants, acting under color of state law,

violated his Constitutional right to due process as guaranteed by the United States Constitution and the

North Carolina Constitution by automatically imposing incarceration i.e. "arrest" for an alleged crime

without a lawful grand jury indictment, proper warrant, without a hearing to determine the competency

of said grand jury, as well as the other unlawful conduct more fully described in this Complaint. \

40. As a proximate consequence of these Constitutional and other violations, the Plaintiff suffered

injuries.

COUNT TWO- DENIAL OF EQUAL PROTECTION (CONSPIRACY)

41 . Plaintiff incorporates by reference the previous paragraphs and makes them a part hereof.

42. Plaintiff avers that Defendants, acting under color of state law, violated his Constitutional rights

to equal protection as guaranteed by the United States Constitution by automatically imposing

incarceration and false arrest upon him without a hearing to determine probable cause, proper service

of process, an opportunity to present witness testimony on his behalf, or means of determining whether I

or not his arrest warrant was sufficient or whether there was an abuse of process.

43. Further, Defendants coerced Plaintiffto ransom his own release and or bailment via ['wet-ink'

signature bonds], when such was illegal and improper. Upon information and belief, persons with

financial means, differing religious viewpoints, differing skin complexions or tones, differing national

origins, and "WHITE" racial designations were not subject to such punishment and discrimination.


injuries.

COUNT THREE- VIOLATION OF OATHS OF OFFICE

45 . Plaintiff incorporates by reference the previous paragraphs and makes them a part hereof.

8

46. Plaintiff avers that Defendants acting under color of state law violated their oaths of office and

his constitutional right to due process by effectively imposing deficient arrest warrants and imposing

terms of incarceration and or false imprisonment/arrest and other costs and fines beyond the statutory

maximum allowed under North Carolina law. Said acts were a systematic deprivation and

dispossession of money and property from Plaintiff due to dishonest, criminal, and fraudulent acts of

officers. See Smith v. Federal Surety Co., 60 S.D. 100, 243 N.W. 664, 666.

4 7. As a proximate consequence of these Constitutional and other violations, the Plaintiff suffered

injuries.

. . COUNT FOUR- DENIAL OF DUE PROCESS (ASSAULT & BATTERY)

48. Plaintiff incorporates by reference the previous paragraphs and makes them a part hereof.

49. Plaintiff avers that Defendants acting under color of state law violated his Constitutional rights

to due process by effectively and unlawfully photographing and fingerprinting him without taking him

to a lawful magistrate, which was an equivalent act to assault and battery.

50. Further, Defendants have published Plaintiffs photographic image and likeness on the internet

without his consent to disgrace and defame his family and person. Plaintiffs right to contract was

violated by Defendants imposing a signature bond, fingerprint, and photograph for his release sans due

process.

51 . As a proximate consequence of these Constitutional and other violations, the Plaintiff suffered

injuries.

COUNT FIVE- DOUBLE JEOPARDY


53. Defendants have violated the constitutional rights of Plaintiff and his person by prosecuting him

where there is no jurisdiction or authority for such under North Carolina law, doing so willfully and

intentionally in an effort to defame him, disgrace his religious order and coerce payment of fines and

costs. These efforts went so far as to try Plaintiff twice for the same alleged crime, even though Plaintiff

entered an Alford Plea under duress and due to manifest injustice on March 3, 2015 . These efforts

have resulted in the illegal prosecution and incarceration of Plaintiff and his person for offenses such

as "failure to appear" . See State v. Brunson 393 S.E.2d 860 (1990) 327 N.C. 244.

54. Further, Defendants Michelle Macadlo, Steven Kory Flowers, and Ron Orgias have documentary

sworn testimony of record that contradicts their previous statements which if analyzed or taken notice

9

of, would have exonerated the Plaintiff. Any reasonable restraint or oversight was abandoned in favor

of sham court proceedings, aimed at effectuating a criminal conviction against the Plaintiff and marring

his record, which to date is clear of any criminal activity whatsoever.

55. As a proximate consequence of these Const~tutional and other violations, the Plaintiff suffered

injuries and damages as alleged.

COUNT SIX-FALSE IMPRISONMENT AND UNLAWFUL DETENTION

56. Plaintiff incorporates by reference the previous paragraphs and make them a part hereof.

57. Defendants are liabl~ for false imprisonment for unlawfully detaining the Plaintiff, and with

impunity thereby, deprivi~g him of his personal liberty in violation of the United States Constitution,

the North Carolina Constitution, North Carolina General statute 14-43.12 and North Carolina common

law.

58. As a proximate consequence of these Constitutional and other violations,, the Plaintiff suffered

injuries and damages as alleged.

COUNT SEVEN- FALSE ARREST

59. .... Plaintiff incorporates by reference the previous paragraphs and makes them a part hereof.

60. Defendant Ron Orgias falsely arrested Plaintiff under the direction of and/or in concert with

HPD and GPD, without probable cause, and illegally to coerce payment and cause terror. Said action

was done intentionally and/or recklessly with knowledge that the Plaintiff would be harmed and in

violation of the United States Constitution, the North Carolina Constitution, North Carolina law, and

North Carolina common law.

COUNT EIGHT- MALICIOUS PROSECUTION


62. Defendants maliciously prosecuted Plaintiff despite sworn affidavits and matters of record,

which would have if acknowledged, eliminated the necessity of a tribunal and dismissed the charges.

Said action and subsequent inaction was done intentionally and/or recklessly with . knowledge that the

Plaintiff would be harmed and in violation of the United States Constitution, the North Carolina

Constitution, North Carolina law, and North Carolina common law.


damage and injuries as alleged.

10

COUNT NINE- ABUSE OF PROCESS


65. Defendants committed the tort of abuse of process by intentionally and/or recklessly using and

misusing the criminal legal process to harass and _intimidate Plaintiff and those of his religious order,

national origin and "presumed" race for improper and illegal reasons.

66. As part of the defendants ' system, the defendants routinely threaten criminal fines,

imprisonment, probation, etc. to collect fines, coerce plea bargains, probation, and private fees, doing

so in part to financially benefit GSO and CHP.

67. As a proximate consequence of these Constitutional and other violations, the Plaintiff

suffered damage and injuries as alleged.

COUNT TEN- DEFAMATION

UNCONSTITUTIONAL MISAPPLICATION OF FALSE RACIAL DESIGATIONS


69. These Defendants through their joint action have systematically and deliberately misapplied

the racial designations "Black" and/or "African-American" to the Plaintiff in an unconstitutional

fashion while simultaneously denying the Plaintiff the right to be recognized by his true racial

designation of"Asiatic" in accordance with his religious order. Said acts committed by the Defendants

have been done willfully with impunity and repeatedly in absence of all jurisdiction. This

misapplication has both legal and religious implications as they relate to the Plaintiff, and 18 U.S.C. § '

1091 provides for a $1,000,000 fine and imprisonment for deliberately attempting to eliminate a group

of people (e.g. Asiatic descendants of Maroccans born in North America), especially those of a

particular group or nation (e.g. "Maroccans' Americans").


damage and injuries as alleged.

COUNT ELEVEN- DENIAL OF PROPER WARRANTS

70. Plaintiff incorporates by reference the previous paragraphs and makes them a part thereof.

71. Defendants have illegally agreed and contracted to create and operate a quasi-judicial system

in which CHP and GSO are a joint profit-making venture in violation of North Carolina law. The

11

municipalities have conspired and acquiesced in allowing HPD and GPD to arbitrarily select who is

participating in criminal activity, with no set rules or regulations governing such selections. Payments,

signature bonds and other funds confiscated from Plaintiff were arbitrarily kept by CHP and GSO when

amounts should have been credited and or paid to Plaintiff from his estate. Sums of money have been

wrongfully withheld from Plaintiff and costs for filings, legal defense, etc. has greatly impoverished

him and depleted his passbook savings account. Plaintiff seeks monetary relief to remedy such

continued unlawful actions by Defendants.


damage and injuri_es as alleged.

COUNT TWELVE- DENIED RIGHT TO TRUTH IN EVIDENCE

73. Plaintiff incorporates by reference the previous paragraphs and makes them a part thereof.

74. Defendants have illegally misappropriated countless affidavits of fact, d'o~umentary pieces of

evidence and corroborating witness testimony that would have exonerated Plaintiff in matters

pertaining to Guilford County criminal case(s) 14CR084442, 14CRS084442, 15CR075145, and

15C S075145 respectively. These Defendants through their joint action and collusion have

systematically deprived Plaintiff of his right to be heard at law, present dispositive records to

corroborate his innocence, and provide witness affidavits and or testimony. Defendants have ignored

the requirements as detailed in 18 U.S.C. 3571 which provides for a mandatory $250,000.00 fine .

75. Plaintiff avers that any claims of immunity by Defendants is fraud because, if valid, it would

prevent removal from office for crimes against the People. See U.S. Const. Art. 2, Sec. IV; See also 42

u.s.c. 1986

COUNT THIRTEEN- DENIAL OF RIGHT TO SPEEDY TRIAL


77. Defendants have illegally agreed and contracted to conspire to deny Plaintiff his constitutional

right to a speedy trial as detailed in U.S.C. 18 § 3161 and North Carolina G.S. § 15-10. The original

felony charge date of the sworn affidavits of Steven Kory Flowers and C.E. Jenkins against Plaintiff

(i.e. case# 15CR075145) was April 15,2015.

78. As of October, 16, 2015, more than six months thereafter, Defendants failed to establish a

lawful criminal cause of action, which formally begins with an indictment or information. See U.S.

12

Canst.. amend. VI ("In all criminal prosecutions, the accused shall enjoy the right to a speedy and

public trial..."); N.C. Canst. art. I, § 18 ("right and justice shall be administered without favor, denial ,

or delay").

COUNT FOURTEEN- RACKET~ERING (LIBEL AND SLANDER)


80. Defendants have illegally agreed and contracted to operate a quasi-judicial system in CHP and

GSO wherein Plaintiff, due to his dark-complexioned skin, religious preference, and national origin, is

unlawfully branded as a ' BJ:;ACK' or ' AFRICAN-AMERICAN' person de~pite sworn or affirmed

affidavits of fact detailing religious objections to brands deluding to slavery. Further, Plaintiff was

denied rights to truth in evidence, denied due process, denied service of process, denied any and all

protections pertaining to Miranda rights, double-jeopardy, or self-identifi cation and right to

representation in conjunction with the 2007 UN Declaration aforementioned.

81. Plaintiff seeks declaratory, injunctive, and monetary relief to remedy such continued unlawful

actions by the defendants designed to humiliate and slander. Plaintiff is entitled to continued

declaratory and substantial monetary relief in accordance with defendant ' s violations of 18 U.S.C. §

3571, 18 u.s.c. § 241 , 18 u.s.c. § 1963, 42 u.s.c. § 1983, 42 u.s.c. § 1986,28 u.s.c. § § 4101 ,

4102, 18 U.S.C. § 1091 to the extent that such relief is proper.

WHEREFORE, Plaintiff respectfully prays that the Court will take jurisdiction ofthis cause

and upon the final hearing:

82. Award Plaintiff,such actual damages in the amount of $4,000,000.00 (Four Million dollars) m

conjunction with the penalties for the federal violations detailed herein;

83. Award the Plaintiff such other damages as this Court shall find the Plaintiff has sustained, together

with punitive, or exemplary damages as the law shall permit;

84. Declare that GPD and HPD is an unlawful and unconstitutional entity contrary to American law

which should be enjoined from further operation in or contact with county court irt Guilford.

85 . Declare that the use of private for-profit private security companies is unlawful and contrary to

North Carolina law and it's Constitution;

86. Award to the Plaintiff the cost of this matter, including a reasonable attorneys' fee .

13

87. Liberally construe this federal complaint as the Court unanimously held in Haines v. Kerner,

404 u.s. 519 (1972).

88. Award to the Plaintiff, further and different relief to which he is entitled.

89. Acknowledge Precedents of Law established by Supreme Court cases.

90. Take formal judicial Notice of the fact that Plaintiff is not a bar-licensed attorney, and has not

had the advantage(s) of formal education in an accredited law school.

Plaintiff demands trial by jury on all issues in this case.

"I declare under penalty of perjury under the laws of the United States of America that the foregoing

is true and correct." Executed on January, _)__, 2016

STATE OF FLORIDA

COUNTYOF __ ~~~'fum~·~''-~~'-------

Respectfully Sub}9F~ /? h/d'L-(frL-r

Is/ William El. Consul

William H. El, pro 'se, sui juiris C/o 6511 Nova Dr. Apt 121 Davie, Florida 33317

Sworn to or affirmed and signed before me on TMUClYj tJ; ~~ by \A) l \\ ~()Jl'\ Mall £- f

14

CERTIFICATE OF SERVICE

I, William El, pro se sui juris, hereby certify, under penalty of perjury, under the laws of the

United States of America, that I am at least 18 years of age, a Citizen of the United States of America,

and that on the __ day of January 2016, this Complaint was filed with the above-named court and

copies were served to the following documents(s):

FEDERAL COMPLAINT & REQUEST FOR DECLARATORY JUDGMENT DEMAND FOR JURY TRIAL AND PROPOSED WITNESS LIST

By placing one true and correct copy of said document(s) in first class United States mail, with

postage prepaid and properly·addressed or by electronic/facsimile with "delivery receipt" to the

following:

Address of Defendants:

Bill Bencini, Mayor 211 S Hamilton St High Point, NC 27260 [email protected]

Ronald Orgias 1340 Pondhaven Drive High Point, NC 27265

Wayne Scott, Chief of Police 300 W. Washington Street Greensboro, NC 27401

Steven Kory Flowers, 300 W. Washington Street Greensboro, NC 27401

Michelle Macadlo 325 East Russell A venue High Point, NC 27260 [email protected]

15

\

Nancy Vaughan, ¥ayor 300 W. Washington.Street Greensboro, NC 27401

C.E. Jenkins, Magistrate 201 S. Eugene Street Greensboro, NC 27401

Marty Sumner, Chief of Police 1009 Leonard A venue High Point, NC 27260 [email protected]

Stephanie Reese 201 S. Eugene Street Greensboro, NC 27401

Heather Skeens, Director 325 East Russell A venue High Point, NC 27260 [email protected]

I UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF NORTH CAROLI~6

FILED TPI~ OFFICE

2: 56

WILLIAMEL, Plaintiff,

CLERK US DISTRIC COURT GREE" 'SBORO, N:C.

Civil Action No: \ WG V I~ v.

NANCY B. VAUGHAN, et al., Defendants.

PLAINTIFF'S PROPOSED WITNESS LIST ·

The plaintiff, William El, as Consul, hereby submits the following list of individuals who

will or may be called as witnesses in the above-captioned case.

1. Ras Tafari El, will testify that on October 27, 2015 he was a 'witness present to

corroborate Plaintiffs legitimacy as registered agent of the non-profit in question and power to

act. Mr. Tafari El will testify that he witnessed the court tampering with evidence,

misrepresenting court dates, proceedings, to no avail, and that on the day set for trial Plaintiff

was told the matter was going before a "grand jury" by Stephanie Reese.

2. C.E. Jenkins is a defendant in this action. She is a magistrate and sworn officer

at Guilford County and will testify concerning her job responsibilities and activities on the

date(s) in question. In the interest of efficiency, plaintiff will examine this witness when he is

called during the defendants' case in chief

3. Michelle Macadlo is a defendant in this action. She is a Child Protective services

officer at Guilford County Department of Social Services and will testify concerning her job

responsibilities and activities on the dates in question. In the interest of efficiency, plaintiff will .

examine this witness when she is called during the defendants' case in chief.

4. Ron Orgias is a defendant in this action. He is a police officer at High Point

Vienna Convention on Consular Relations, adopted Apr. 24, 1963, art. 36

Police Department and will testify concerning his job responsibilities and activities on the dates

in question. In the interest of efficiency, plaintiff will examine this witness when he is called

during the defendants ' case in chief. .

5. Steven Kory Flowers is a defendant in this action. He is a detective in the

Criminal Intelligence Unit at the Greensboro Police Department and will testify concerning his

job responsibilities and activities on the date in question. In the interest of efficiency, plaintiff

will examine thi~ witness w.hen he is called during the defendants' case in chief.

6. Kolette Hancock-Calhoun is not a defendant in this action. She was a witness at

the July 21 , 2015 trial of case number 14CRS084442 and will testify concerning her testimony,

plaintiff will examine this witness when she is called during the Plaintiff's cds~ in chief.

7. David Calhoun is not a defendant in this action. He was a witness at the July 21 ,

201 ~ trial and will testify concerning his testimony, and plaintiff will examine this witness when

he is called during the Plaintiff's case in chief. In the interest of efficiency, plaintiff will

examine this witness when he is called during the Plaintiff's case in chief.

8. Julian Hall, Esq. is not a defendant in this action. He is a licensed bar attorney

and was an attorney representing Plaintiff's interest at the March 3, 2015 trial and will testify

concerning his role. Plaintiff will examine this witness when he is called during the Plaintiff's

case in chief. In the interest of efficiency, plaintiff will examine this witness when he is called

during the Plaintiff's case in chief.

9. Candace Morton, Esq. is not a defendant in this action. She is a licensed bar

attorney in Guilford County Court was an attorney representing Plaintiff's interest at the July 21 ,

2015 trial and will testify concerning her role, and plaintiff will examine this witness when he is

called during the Plaintiff's case in chief. In the interest of efficiency, Plaintiff will examine this

Viennn Convention on Consular Relations. adopted Apr. 24. 1963. art. 36 2

witness when he is called during the Plaintiffs case in chief.

10. Angela Bullard Fox is not a defendant in this action. She is a sitting judge in

Guilford County and tried Plaintiffs March 3, 2015 case styled CR1404442 in the Guilford

. . County District Court. In the interest of efficiency, plaintiff will examine this witness during the

Plaintiffs case in chief.

11. Stephanie Reese, Esq. is a defendant in this action. She is an Assistant District

Attorney in Guilford County and was the state ofNorth Carolina's charging officer in case

number 15CR07 5145 in the Guilford County District Court. In the interest of efficiency,

Plaintiff will examine this witness during the Plaintiffs case in chief.

12. Lord Supreme Justice El is not a defendant in this action. H~ ':"ill testify that on

October 27, 2015 he was a witness present to corroborate Plaintiffs legitimacy as registered

agent of the non-profit in question (15CR075145) and power to act. Mr. Justice El will also

testify that the witnessed the court tampering with evidence, violate the speedy trial doctrine,

misrepresent court dates, proceedings, to no avail, and that on the day set for trial [Oct. 27, 20 15]

Plaintiff was told the matter was going before a "grand jury" by Stephanie Reese.

"I declare under penalty of perjury under the laws of the United States of America that

' the foregoing is true and correct. Executed on January,~' 2016.

DATED: Januaryf1, 2016 Davie, Florida

Vienna Com'Cnlion on Consular Relations. adop1cd Apr. 2-1 . 1963. art. 36 3

Respectfully submitted,

WILLIAMEb

By: ~ William El, Consul Consul for Pro per Plaintiff 6511 Nova Drive, Apt 121 Davie, Florida 33317 Telephone: (336) 858-9383

CERTIFICATE OF SERVICE

I, WILLIAM EL, common law attorney-in-fact (e.g. "Consul") for the Plaintiff in this

action, do hereby certify that on this date I caus~d the foregoing Plaintiff's Proposed Witness

List to be served via facsimile upon the following:

Bill Bencini, Mayor 211 S Hamilton St High Point, NC 27260

Ronald Orgias 1340 Pondhaven Drive High Point, NC 27265

Wayne Scott, Chief of Police 300 W. Washington Street Greensboro, NC 27401

Steven Kory Flowers 300 W. Washington Street Greensboro, NC 27401

Michelle Macadlo 325 East Russell Avenue High Point, NC 27260

DATED: January8, 2016 Davie, Florida

Vic1uta Convention on Consular Relations. adopted Apr. 24. 1963 . a rt . 36 4

Nancy Vaughn, Mayor 300 W. Washington Street Greensboro, NC 27401

C.E. Jenkins, Magistrate 201 S. Eugene Street Greensboro, NC 27401

Marty Sumner, Chief of Police 1 009 Leonard A ~enue High Point, NC 21260

Stephanie Reese 201 S. Eugene Street Greensboro, NC 27401

Heather Skeens, Director 325 East Russell Avenue High Point, NC 27260

WILLIAM EL, CONSUL/PRO PER SUI JURIS

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