The L.A. Superior Court ruled today that plaintiff Frank Lindsay may amend his initial complaint and declared moot a request by the City of Carson for a demurrer in the case.
In the initial complaint, Lindsay asked the Court to require the City of Carson to honor the terms of the settlement agreement reached between the parties in July 2014. The terms included a significant revision of the city’s presence restrictions in order to be consistent with current state law as well.
In the amended complaint, Lindsay will ask the City to pay monetary and punitive damages based upon the city’s breach of the settlement agreement as well as fraud. After the agreement was signed by the City Manager and the City Attorney, the City Council decided not to honor the terms of the settlement agreement during a public meeting in August 2014. The City Attorney later asserted that the City Manager lacked authority to bind the city despite a provision in the agreement which stated otherwise.
The plaintiff must file the amended complaint within 20 days.
Good news! I hope the monetary & punitive damages sought will be enough to make Carson City Council say “Ouch!”
This is the best news I’ve heard in awhile. Thank you Janice and Frank for the guts to stand up to these bullies.
This is so kick ass. 🙂 Very much hope that the process eventually results in a kick to the balls. [metaphorically speaking].
So far,there are no damages awarded. Yes, I hope the demand for punitive damages is a horrendous amount, even if the court doesn’t award that much. Demand a truly insane amount – to warn all others. Frankly, that kind of harassment is not light weight, that kind of denial of constitutional liberty is not lightweight, and horrendous damages are in order accordingly.
But I note, what happened here is not a big deal, it is simply procedural. What it amounts to is that Carson challenged the precise language in the filing, and on that basis called for the case to be dismissed. But, while the court the language issue, it felt it was minor and could simply be altered to precisely say what it meant.
Its good the case was not dismissed and maybe have to be refiled. But its not a big deal. This is just routine litigation, you throw everything possible in the way of your adversary in an attempt to so bog them down and drag things out that they finally will cry uncle.
I would like to note that while its not a “big” deal, it is a significant ruling in that the motion of demurrer was the only shot Carson has. In light of the precedent ruling, this is as done a deal as there is. Carson is in violation of state law, which means someone’s getting paid, and it ain’t Lula. The significance isn’t how much the award is, but the fact that Carson was so defiant, so hateful a few months back in its declaration of war on its own citizens. I haven’t done that little shindig since Lincoln was in office.
I’d just like to take a second to thank Frank for all he does. He puts himself out there for the world to see, time and time again. That takes courage that comes from true conviction. I thank you, Sir.
Now are we all enjoined in this lawsuit or do we as individual request for financial consideration for violation ofcivil rights and libel/slander as enemy of state that war on sex offender was their agenda ..?…would Frank provide some steps to that request to that city…?…..is there a lawsuit on behalf of registered citizens onto orange county for their proclaimed “war”…?…..registered citizens didn’t sign up to be the enemy of state nor sign up to be at “war”…….that’s exactly what ‘war on sex offenders’ puts registered citizens to the public..the enemy of state ….that wrongful agenda has to cost millions a dollars …millions a dollars ..millions a dollars ..!!
Thank you CA RSOL, Janice, Frank, Chance. The Carson City Council and rotating-Councilmember Mayor now have to pay for their sadistic and lowest common denominator legislation aimed to scapegoat registrants. Couldn’t be happier.
Correct me if I am wrong, are there 9 other RSO/ RC lawsuit pending against Carson?
Saw 4 comments thanking Frank and others. I gotta tell my Frank story. This guy operates out of LOVE first and foremost. For those of you who read his book it is evident. While I have his book, I saw it firsthand:
2013, CA RSOL meeting in Fresno. Where’s Frank? OF COUSE; he’s outside puffing away on his gawdawful smokes. So there’s a half dozen of us out there too. THEN a couple comes drifting toward us. Then the two start arguing. Then they get LOUD and then the guy threatens HER….
Frank INSTANTLY jumps right in; NO hesitation. Out of love and caring he spends TIME with the guy. Frank saw a situation and sized it up with NO skeptism or fear. Using a phrase I’ve read Janice using, Frank is the REAL DEAL.
I’m not; I’m a STINKER: I watched the girl slowly drift off to the side. I took out a ten, and quietly gave it to her, and said “nice work”. As I walked away I’m not sure if I saw her smile or not…
Frank, no hugs from me at the next meeting because I won’t be there; because I am “two states east”, around 800 miles away.
Yea for Janice and Frank! The City of Carson should have to pay copious amounts in this case. If it were any other class of citizen, this would be headline news as the City breached its agreement, committed fraud in doing so, and abridged the civil rights of a specific class of citizen. Where is the LA Times, the Daily Breeze. Their big news for today is the reporting of a Carson resident winning $50,000 on the Wheel of Fortune. Seriously? Their City Council is going to cost them at least that much, if not more.
First off; GOOD for our side.
Second; Ok, well, the City Attorney signed the agreement too. Did he also lack the authority to bind the city to such and agreement? If so, why sign the agreement?
sometimes going against the river’s current and fighting up-stream is the only way. Some call it courage…for me it’s protecting my family. I was the guy that broke the ranks at the Carson city park and had a sandwich in the park while looking right at a deputy sheriff Sgt. I saved my son’s life twice because I was there to do so. When I look at these kind of laws placed against us what I see is my son looking up at me from the bottom of a swimming pool and I’m not their to save him! Violate me…I can take it, but violate my position as a parent by putting my child in harms way? This old soldier has a problem with that …expect a fight! Janice and the RSOL team have that same resolve. It’s not a popular one, but one that is right and just. Stand with us fellow citizens…as Janice has many times stated come join us and show up, stand up, and speak up. What Frank has also said, “We’re all in this together!” Come to our meetings and be encouraged!
Another alleged hypocrite on the issue of sex crimes, Albert Robles appears to no longer be the pointman on getting the football stadium built on a toxic waste dump, as Carson has handed off the ball to someone else. Carson thumbed their nose at the California Supreme Court when the Court let stand the lower 4th district court decision on residency restrictions. If they refuse to pay the monetary award or if they keep refusing to amend their laws on registrants, is there anything that can be done to remove the City Councilmembers and Mayor and possible jail time, or is it just more court cases that the Carson City Council can ignore the verdicts on?
Make it hurt, sue Carson until they bleed and hemorrhage dollars!
I hope they have to pay more then one dollar like that other jury granted to a rso. I don’t recall where that was but if these people want to blatantly violate constitutional rights they should be held accountable to the fullest extent.
Any news on the two Carson cases, Lindsay and Kliewer? What are the courts and case numbers?