Duff Answer
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IN THE CIRCUIT COURT OF MISSOURI – KANSAS CITY MUNICIPAL DIVISION – COURT ROOM A CITY OF KANSAS CITY, MISSOURI
Plaintiff
Vs William Duff
Defendant
)
) ) case # 2243354-4 and 2243355-1 and ) 2243356-9 ) )
DEFENDANT ANSWER TO PLAINTIFF, CITY OF KANSAS CITY, MO., CASE #’s 2243354-4 and 2243355-1 and 2243356-9 COMES HERE NOW, William Duff, pro per, (hereinafter he, his, defendant or Duff),
15
One of the People within Missouri, sui juris, without assistance of counsel, appearing
16
specially for the express limited purpose of challenging the competence of complaint #
17
2243354-4 and 2243355-1 and 2243356-9 and of this Courts lawful standing to hear
18
said matter, and demonstrating that this complaint fails to provide this court with
19
jurisdiction of the subject matter or the person due to defendant’s affirmative defense of
20
Sovereign Immunity From all restraint by every government department or agency
21
respecting said complaints , does answer said complaints as follows;
22 23 24 25 26 27 28
1. William Duff is a mature adult Missourian and is sufficiently knowledgeable of
the facts and law applicable to the instant matter to testify as follows; Duff Avers that; 2. All actions herein complained of by agents of Kansas City, Mo were actions that took place upon the public right of way in Clay County, Missouri; 3. The complaints/information above referenced comprehend no intentional or unintentional injury to any others person or property;
29
4. At no time relevant to this action did Duff ever exit his own private domain and
30
enter into the public domain or any others private domain nor act in anything
31
other than his own private capacity in accordance with his own private Right of
william duff
Page 1
12/30/2008
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32
action as is authorized by his Birthright and comprehended and secured to him by
33
the controlling constitutions.
34
5. Duff avers that; and takes cognizance that two distinct status of citizen exist.
35
Included here as if written in full is the “offer of proof of two distinct citizenship
36
status”(exhibit B)
37
6. William Duff avers that; having rejected the federal declaration that he is a United
38
States citizen as comprehended by section 1 of the 14th amendment; having
39
rescinded all powers of appointment with the Federal and State Governments
40
therewith associated respecting his Right of Action taken within his own private
41
domain and all previous admissions to the contrary informs this court and every
42
other government entity that he is not a federal citizen residing in Missouri but
43
has taken back his rightful status as a Missourian who is expressly not a United
44
States citizen as comprehended by the 14th Amendment and revised Missouri
45
Constitutions subsequent to 1820 in comprehension thereof and is therefore not
46
subject to the regulatory scheme(s) arising there from (See Exhibit A, Affidavit of
47
Truth of Citizenship Status);
48
7. Duff avers that there are, in fact, one of the two distinct status of citizen in
49
America probably can legally be compelled or prohibited respecting the actions
50
herein complained of but that William Duff is expressly not such federal citizen
51
(United States citizen) residing in Missouri (see offer of proof of citizenship
52
status’ Exhibit B). Duff is a Missourian, one of the people, and therefore could
53
not possibly be restricted or restrained by any law, statute, or ordinance in support
54
of the instant charges although Duff does recognize that they may have the
55
capacity to restrain the U.S. citizen in some circumstances.
56
8. William Duff avers that complaint # 2243354-4 and 2243355-1 and 2243356-9 is
57
an attempt by City of Kansas City, Mo (a government sub-division) to initiate an
58
unlawful restraint upon his person and property; william duff
Page 2
12/30/2008
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59
9. William Duff avers that said complaint is civil in nature and does not comprehend
60
a criminal act sufficient to invoke the “reasonable search and seizure” clause 2 of
61
the 4th Amendment or the equivalent expression in the 1820 Missouri
62
Constitution;
63
10.William Duff avers that City of Kansas City, Mo has failed to bring an action for
64
which this court can lawfully provide a remedy in that the action complained of is
65
an individually retained prerogative right of action protected by the controlling
66
constitutions because the action exists and is performed solely at the prerogative
67
Right of William Duff upon which no government entity was or even could be
68
granted authority to compel or prohibit;
69
a. AFFIRMATIVE DEFENSE; William Duff, not being a federal citizen
70
residing in Missouri, possesses Sovereign Immunity from all restraint
71
initiated by any government department, sub division, agency and/or agent
72
unless probable cause that a “mala in se” crime or damage to the Public
73
owned property is a causation attendant to that initiation of restraint upon
74
William Duff’s person, house, papers and effects pursuant to Rights
75
retained by the individual people as expressed and secured in the
76
Constitution for the United States of America at Article 4 section 2 and
77
enforced upon the States without their consent as a condition of Statehood
78
by Article 6 clause 2 (supremacy clause) and acknowledged by the
79
Constitution of Missouri 1820 at Article XIII section 13;
80
11.William Duff avers that the State can be granted only those powers that the
81
collective people possess and can grant or that individual people consent to and
82
that all Rights of the people held individually, inclusive of, but not limited to,
83
prerogative rights and rights of action are strictly held by the individual unless by
84
the individuals consent he grants the state use thereof or by his act that injures
85
another; william duff
Page 3
12/30/2008
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86
12.William Duff avers that he does not consent to any government prohibition or
87
compulsion in the use of his individually held rights and rights of action which
88
exist solely within his individual domain and no other than William Duff can
89
exercise them or compel their exercise or prohibit their exercise without that
90
consent. Included here as if written in full: “Affidavit of truth of status”(exhibit
91
A)
92 93
WHEREFORE; William Duff, sui juris, appearing specially, moves this court to
94
dismiss case # 2243354-4 and 2243355-1 and 2243356-9 in comprehension of
95
defendants affirmative defense, exhibits and affidavits; or in the alternative to convene
96
an evidentiary hearing, on the record, to determine if in fact defendants claim of
97
immunity from this attempted restraint is accurate in light of the exculpatory nature of
98
the affirmative defense; or in the alternative should this court fail to take one of these
99
two actions, to provide the following due process and other protections for defendant;
100 101 102 103 104 105 106 107
1. That this court convenes an adversarial hearing, with a competent record, thereof to determine the validity of the exculpatory evidence herein provided; 2. That this court provide this defendant with a jury of his peers for the adjudication of this matter should this court fail to dismiss as requested; 3. That this court provide this defendant with counsel to advise defendant with respect to the courts demand for specific adherence to, pleadings and procedure; 4. That this court proceeds upon a competent court of record in all proceedings
108
associated with this action or should this court not be a court of record as that
109
phrase is judicially understood in the controlling constitution of 1820 that it
110
certify this case to such a court of record without delay;
111 112
5. That this court compel its agents to return all Duff’s property to him at 108 NW 101 Pl Kansas City, Mo 64155 today. william duff
Page 4
12/30/2008
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113
6. That this court, today, whether it dismisses the Cities action or not, issue a
114
declaratory judgment, in favor of William Duff, to all agencies within its venue
115
Declaring that William Duff is not to be further harassed, restrained or bothered
116
by any agent of City of Kansas City, Missouri respecting the charges associated
117
herein unless probable cause that an intentional injury has resulted from Duff’s
118
act and there is an injured party ready and willing to seek remedy for same.
119 120 121 122 123 124 125 126 127 128 129
With all due Respect William D Duff
Friday, June 22, 2007
Email [email protected]
william duff
Page 5
12/30/2008
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IN THE CIRCUIT COURT OF MISSOURI – KANSAS CITY MUNICIPAL DIVISION – COURT ROOM A CITY OF KANSAS CITY, MISSOURI
Plaintiff
Vs William Duff
Defendant
)
) ) case # 2243354-4 and 2243355-1 and ) 2243356-9 ) )
DEFENDANT ANSWER TO PLAINTIFF, CITY OF KANSAS CITY, MO., CASE #’s 2243354-4 and 2243355-1 and 2243356-9 COMES HERE NOW, William Duff, pro per, (hereinafter he, his, defendant or Duff),
15
One of the People within Missouri, sui juris, without assistance of counsel, appearing
16
specially for the express limited purpose of challenging the competence of complaint #
17
2243354-4 and 2243355-1 and 2243356-9 and of this Courts lawful standing to hear
18
said matter, and demonstrating that this complaint fails to provide this court with
19
jurisdiction of the subject matter or the person due to defendant’s affirmative defense of
20
Sovereign Immunity From all restraint by every government department or agency
21
respecting said complaints , does answer said complaints as follows;
22 23 24 25 26 27 28
1. William Duff is a mature adult Missourian and is sufficiently knowledgeable of
the facts and law applicable to the instant matter to testify as follows; Duff Avers that; 2. All actions herein complained of by agents of Kansas City, Mo were actions that took place upon the public right of way in Clay County, Missouri; 3. The complaints/information above referenced comprehend no intentional or unintentional injury to any others person or property;
29
4. At no time relevant to this action did Duff ever exit his own private domain and
30
enter into the public domain or any others private domain nor act in anything
31
other than his own private capacity in accordance with his own private Right of
william duff
Page 1
12/30/2008
Create PDF with GO2PDF for free, if you wish to remove this line, click here to buy Virtual PDF Printer
32
action as is authorized by his Birthright and comprehended and secured to him by
33
the controlling constitutions.
34
5. Duff avers that; and takes cognizance that two distinct status of citizen exist.
35
Included here as if written in full is the “offer of proof of two distinct citizenship
36
status”(exhibit B)
37
6. William Duff avers that; having rejected the federal declaration that he is a United
38
States citizen as comprehended by section 1 of the 14th amendment; having
39
rescinded all powers of appointment with the Federal and State Governments
40
therewith associated respecting his Right of Action taken within his own private
41
domain and all previous admissions to the contrary informs this court and every
42
other government entity that he is not a federal citizen residing in Missouri but
43
has taken back his rightful status as a Missourian who is expressly not a United
44
States citizen as comprehended by the 14th Amendment and revised Missouri
45
Constitutions subsequent to 1820 in comprehension thereof and is therefore not
46
subject to the regulatory scheme(s) arising there from (See Exhibit A, Affidavit of
47
Truth of Citizenship Status);
48
7. Duff avers that there are, in fact, one of the two distinct status of citizen in
49
America probably can legally be compelled or prohibited respecting the actions
50
herein complained of but that William Duff is expressly not such federal citizen
51
(United States citizen) residing in Missouri (see offer of proof of citizenship
52
status’ Exhibit B). Duff is a Missourian, one of the people, and therefore could
53
not possibly be restricted or restrained by any law, statute, or ordinance in support
54
of the instant charges although Duff does recognize that they may have the
55
capacity to restrain the U.S. citizen in some circumstances.
56
8. William Duff avers that complaint # 2243354-4 and 2243355-1 and 2243356-9 is
57
an attempt by City of Kansas City, Mo (a government sub-division) to initiate an
58
unlawful restraint upon his person and property; william duff
Page 2
12/30/2008
Create PDF with GO2PDF for free, if you wish to remove this line, click here to buy Virtual PDF Printer
59
9. William Duff avers that said complaint is civil in nature and does not comprehend
60
a criminal act sufficient to invoke the “reasonable search and seizure” clause 2 of
61
the 4th Amendment or the equivalent expression in the 1820 Missouri
62
Constitution;
63
10.William Duff avers that City of Kansas City, Mo has failed to bring an action for
64
which this court can lawfully provide a remedy in that the action complained of is
65
an individually retained prerogative right of action protected by the controlling
66
constitutions because the action exists and is performed solely at the prerogative
67
Right of William Duff upon which no government entity was or even could be
68
granted authority to compel or prohibit;
69
a. AFFIRMATIVE DEFENSE; William Duff, not being a federal citizen
70
residing in Missouri, possesses Sovereign Immunity from all restraint
71
initiated by any government department, sub division, agency and/or agent
72
unless probable cause that a “mala in se” crime or damage to the Public
73
owned property is a causation attendant to that initiation of restraint upon
74
William Duff’s person, house, papers and effects pursuant to Rights
75
retained by the individual people as expressed and secured in the
76
Constitution for the United States of America at Article 4 section 2 and
77
enforced upon the States without their consent as a condition of Statehood
78
by Article 6 clause 2 (supremacy clause) and acknowledged by the
79
Constitution of Missouri 1820 at Article XIII section 13;
80
11.William Duff avers that the State can be granted only those powers that the
81
collective people possess and can grant or that individual people consent to and
82
that all Rights of the people held individually, inclusive of, but not limited to,
83
prerogative rights and rights of action are strictly held by the individual unless by
84
the individuals consent he grants the state use thereof or by his act that injures
85
another; william duff
Page 3
12/30/2008
Create PDF with GO2PDF for free, if you wish to remove this line, click here to buy Virtual PDF Printer
86
12.William Duff avers that he does not consent to any government prohibition or
87
compulsion in the use of his individually held rights and rights of action which
88
exist solely within his individual domain and no other than William Duff can
89
exercise them or compel their exercise or prohibit their exercise without that
90
consent. Included here as if written in full: “Affidavit of truth of status”(exhibit
91
A)
92 93
WHEREFORE; William Duff, sui juris, appearing specially, moves this court to
94
dismiss case # 2243354-4 and 2243355-1 and 2243356-9 in comprehension of
95
defendants affirmative defense, exhibits and affidavits; or in the alternative to convene
96
an evidentiary hearing, on the record, to determine if in fact defendants claim of
97
immunity from this attempted restraint is accurate in light of the exculpatory nature of
98
the affirmative defense; or in the alternative should this court fail to take one of these
99
two actions, to provide the following due process and other protections for defendant;
100 101 102 103 104 105 106 107
1. That this court convenes an adversarial hearing, with a competent record, thereof to determine the validity of the exculpatory evidence herein provided; 2. That this court provide this defendant with a jury of his peers for the adjudication of this matter should this court fail to dismiss as requested; 3. That this court provide this defendant with counsel to advise defendant with respect to the courts demand for specific adherence to, pleadings and procedure; 4. That this court proceeds upon a competent court of record in all proceedings
108
associated with this action or should this court not be a court of record as that
109
phrase is judicially understood in the controlling constitution of 1820 that it
110
certify this case to such a court of record without delay;
111 112
5. That this court compel its agents to return all Duff’s property to him at 108 NW 101 Pl Kansas City, Mo 64155 today. william duff
Page 4
12/30/2008
Create PDF with GO2PDF for free, if you wish to remove this line, click here to buy Virtual PDF Printer
113
6. That this court, today, whether it dismisses the Cities action or not, issue a
114
declaratory judgment, in favor of William Duff, to all agencies within its venue
115
Declaring that William Duff is not to be further harassed, restrained or bothered
116
by any agent of City of Kansas City, Missouri respecting the charges associated
117
herein unless probable cause that an intentional injury has resulted from Duff’s
118
act and there is an injured party ready and willing to seek remedy for same.
119 120 121 122 123 124 125 126 127 128 129
With all due Respect William D Duff
Friday, June 22, 2007
Email [email protected]
william duff
Page 5
12/30/2008
Create PDF with GO2PDF for free, if you wish to remove this line, click here to buy Virtual PDF Printer
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