From the public record on file, USDC, Phoenix AZ; Double spacing removed.
Robert A. Hirschfeld
Plaintiff, in Propria Persona
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
ROBERT A. HIRSCHFELD )
Plaintiff, ) (Original was filed 8/7/95)
-v- )
)
ALFRED J. ROGERS, ) V E R I F I E D
CAROLYN C. ROGERS, ) C O M P L A I N T
THE MARITAL COMMUNITY OF ALFRED J. )
ROGERS and CAROLYN C. ROGERS, and ) Jury Trial Requested
MARTIN D. LaPRADE )
Defendants ) (Tort, Civil Rights)
____________________________________)
Plaintiff ROBERT A. HIRSCHFELD, in propria persona, alleges as
follows:
JURISDICTION
1. This is an action for damages arising under the United
States Constitution, 42 U.S.C. Paragraphs 1981 through 1988, and 28
U.S.C. Paragraphs 1331, 1343, 2201, 2202.
VENUE
2. Venue is proper in the District Court for the District of
Arizona pursuant to 28 U.S.C. 1391. All of the Parties are domiciled
or do business within the State of Arizona.
PARTIES
3. Plaintiff ROBERT A. HIRSCHFELD is a resident of the State of
Arizona, at 4723 N. 44th St., Phoenix AZ 85018.
4. Defendants ALFRED J. ROGERS and CAROLYN C. ROGERS are, and
were at the time of the events out of which Plaintiffs' complaint
arises, residents of the County of Maricopa, State of Arizona, at
4550 E. Camelback Rd., Phoenix, AZ 85018. Defendants ALFRED J. ROGERS
and CAROLYN C. ROGERS were married at the time of occurrence
complained of herein. The actions complained of were performed by
ALFRED J. ROGERS on behalf of the marital community of ALFRED J.
ROGERS and CAROLYN C. ROGERS.
6. The marital community of ALFRED J. ROGERS and CAROLYN C.
ROGERS is subject to suit in the District of Arizona and is liable
for the tortious acts of ALFRED J. ROGERS herein complained of.
7. MARTIN D. LaPRADE is a resident of the State of Arizona.
8. The Defendants' acts herein complained of, and the damages
sustained by Plaintiff, occurred within the District of Arizona.
9. ALFRED J. ROGERS was, at the times of the acts complained
of, a sitting Judge of the Superior Court, Maricopa County Arizona.
ALLEGATIONS
10. A 2/24/93 peremptory Notice of Change of Judge was timely
filed in Maricopa County Superior Court Action DR92-07715, pursuant
to Arizona Rule of Civil Procedure 42(f)(1) which was not waived, and
was effective.
11. On and after 2/24/93, ALFRED J. ROGERS was divested of
jurisdiction in Maricopa County Superior Court Action DR92-07715.
12. On and after 2/24/93, ALFRED J. ROGERS refused to recognize
that he had, by virtue of Arizona Rule of Civil Procedure 42(f)(1),
been divested of jurisdiction in Maricopa County Superior Court
Action DR92-07715.
13. The tortious acts herein complained of were committed under
color of law, utilizing Maricopa County Superior Court Action DR92-
07715, after ALFRED J. ROGERS had been divested of jurisdiction over
said Action.
14. None of the Defendants are subject to judicial immunity,
whether direct or derivative, arising after 2/24/93 from Maricopa
County Superior Court Action DR92-07715.
(CONTINUED)
--- DB 1.58/004910
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* Origin: Bob Hirschfeld, Moderator, FidoNet LAW Echo (1:114/74.2)
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