(CONTINUED)
CLAIM VI
59. Plaintiff incorporates by reference the allegations of
paragraphs 1 through 58 hereinabove, and further alleges:
60. Plaintiff is an appellant in Arizona Court of Appeals number
CA-CV 93-0547. The in-terrorem Judgment and post-Judgment collection
tactics, especially the incarceration of Plaintiff, were intended by
Defendants ALFRED J. ROGERS and MARTIN D. LaPRADE to chill or
interfere with the exercise of appellate jurisdiction in Appeal CA-CV
93-0547, constituting a further denial under Color of Law to
Plaintiff of Due Process.
61. The Defendants' chilling or interference with exercise of
appellate jurisdiction proximately caused Plaintiff to sustain
further damage to his reputation, ability to conduct his law
practice, standing as a member of the Arizona Bar, and ability to
earn an income through his law practice.
CLAIM VII
62. Plaintiff incorporates by reference the allegations of
paragraphs 1 through 61 hereinabove, and further alleges:
63. As a proximate result of the above-described infringement by
Defendants upon Plaintiff's Civil Rights, Plaintiff has been obliged
to sustain substantial attorney fees in the State Superior and
Appellate actions, and is entitled to compensation therefor.
CLAIM VIII
64. Plaintiff incorporates by reference the allegations of
paragraphs 1 through 63 hereinabove, and further alleges:
65. Although this Federal Court action is initially filed in
propria persona, it is anticipated that Plaintiff will be obliged to
sustain substantial future attorney fees and costs herein.
66. For the conduct of this litigation and vindication of his
rights Plaintiff is in need of, is entitled to, and seeks pursuant to
42 U.S. Code 1988, attorney fees payable by defendants finally and on
a pendente lite basis.
67. The damages relating to Defendants' disabling of Plaintiff
from the practice of law, are reasonably expected to exceed the
$100,000 Arbitration threshold; this suit contains allegations of
Constitutional infringements; this matter is therefore not eligible
for Arbitration.
WHEREFORE Plaintiff prays the Court grant the following relief:
A. Joint and Several Compensatory damages in an amount to be
determined at trial, but in no event less than One Million Dollars.
($1,000,000.)
B. By virtue of the malicious nature of Defendants' acts, Joint
and Several Punitive damages in an amount to be determined at trial,
but in no event less than Three Million Dollars. ($3,000,000.)
C. Pursuant to 42 U.S. Code 1988, attorney fees payable by
defendants finally and on a pendente lite basis
D. Such other and further relief as the Court may deem just and
proper.
DATED August 6, 1995 _________________________
Robert A. Hirschfeld
Plaintiff
VERIFICATION
STATE OF ARIZONA )
)ss:
County of Maricopa )
ROBERT A. HIRSCHFELD, being first duly sworn, deposes and says:
I am the Plaintiff in the foregoing-captioned action, am
personally familiar with the facts stated therein, know same to be
true, or if stated upon belief, believe same to be true.
SUBSCRIBED AND SWORN to before me this August 6, 1995
___________________________
Notary Public
(CONCLUSION)
--- DB 1.58/004910
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* Origin: Bob Hirschfeld, Moderator, FidoNet LAW Echo (1:114/74.2)
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