Order To Show Cause

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gerronamo

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I am filing an Order To Show Cause (OTSC), against some group stalkers, and other individuals. Though I intend to seek permanent injunctions to preclude them from further stalking, harassment, and slander, I also intend to seek monetary remedies.

My question to the community is whether I need to do anything special, and if I can in fact file a tort along with the OTSC ?

Thanks.
 
It sounds like all you are needing is a restraining order. You aren't going to get any monetary award.

If you think someone is really stalking you then you should contact police.
 
If U really think police is the solution you should do some research on stalking. Calling the cops on them got me in this mix in the first place.

I will leave details to court as to damages.

What I simply need to know is whether I can file the TORT with the OTSC or do I need to file separately ?

If yes anything special I should know, and if no -- why not ?

Thanks.
 
Do you even know what tort means?

A tort is a civil wrong.

There are dozens of tortious actions one can commit.

You can't combine the relief sought under a show cause order with damages suffered.

To which tort do you refer?
 
Odds are that if the police did not take care of this then this is not a case of stalking.
If you get a restraining order, and the restrained person violates that order, then the police can enforce that order.

You likely have a simple case of harassment if anything. You won't get very far on your present course.
 
Mighty Mouse, I see U have great confidence on the police, but U sure have a lot to learn about crime. How often do U hear of a restraiing order being violated and the person stalking killing the victim with the piece of paper (R.O.) lots right, so where were the cops then to stop the stalker. Cops can't be at all places at all times.

And as previously stated, I can't go on to give the nuances of my case, it's just to lenghthily.

But since U guys cannot seem to give me a straight forward answer, the tort is for the retaliation of my civil rights. Since all defendants will be enjoined, for reasons I am not going to get into, all I want to know from anyone who really knows, is whether I can file the tort when filing the OTSC or am I somehow legally precluded from doing so.

Don't ask what my damages are or if I know what something is or not. A simple informative answer is all I need. As is evident here, everyone has opinions and want to share them. But I don't need opinions, only a simple and direct answer to the question.

If U don't know well then just don't say anything... Time is too precious for me to be wasting it on people trying to second guess me. I'm looking for solid information to help me in my legal research, and if U don't have anything solid to tell me, then leave it be.

Oh Army Judge, it's more like gang stalking, and because the cops have not been involved -- yet, because I was trying to resolve the matter through ADR, it does not mean it is not happening. Like I said, do some research on the subject before guessing. A good place is National Center for Victims of Crime. There U will find great info, as well as other sites on either stalking or gang/organized stalking. Also check Fox News video on gang stalking entitled: gangstalkingsantacruzca You will see that those stalked and harassed have made multiple complaints to no avail. Word of wisdom, don't assume anything, check into it and speak thereafter with some knowledge on the subject.

I still need some help here and if anyone really has the right answer, I look forward to reading it.

Thanks.
 
I'm not guessing. I have a law degree and four decades of practicing law. I'm also licensed to practice before the federal bar, a half dozen state bars, the US Supreme Court, and the US Court of Military Appeals. I also hold the Queens Counsel designation in Australia.

I suggest you retain counsel, if time is that precious.

I wish you well.



gerronamo said:
Mighty Mouse, I see U have great confidence on the police, but U sure have a lot to learn about crime. How often do U hear of a restraiing order being violated and the person stalking killing the victim with the piece of paper (R.O.) lots right, so where were the cops then to stop the stalker. Cops can't be at all places at all times.

And as previously stated, I can't go on to give the nuances of my case, it's just to lenghthily.

But since U guys cannot seem to give me a straight forward answer, the tort is for the retaliation of my civil rights. Since all defendants will be enjoined, for reasons I am not going to get into, all I want to know from anyone who really knows, is whether I can file the tort when filing the OTSC or am I somehow legally precluded from doing so.

Don't ask what my damages are or if I know what something is or not. A simple informative answer is all I need. As is evident here, everyone has opinions and want to share them. But I don't need opinions, only a simple and direct answer to the question.

If U don't know well then just don't say anything... Time is too precious for me to be wasting it on people trying to second guess me. I'm looking for solid information to help me in my legal research, and if U don't have anything solid to tell me, then leave it be.

Oh Army Judge, it's more like gang stalking, and because the cops have not been involved -- yet, because I was trying to resolve the matter through ADR, it does not mean it is not happening. Like I said, do some research on the subject before guessing. A good place is National Center for Victims of Crime. There U will find great info, as well as other sites on either stalking or gang/organized stalking. Also check Fox News video on gang stalking entitled: gangstalkingsantacruzca You will see that those stalked and harassed have made multiple complaints to no avail. Word of wisdom, don't assume anything, check into it and speak thereafter with some knowledge on the subject.

I still need some help here and if anyone really has the right answer, I look forward to reading it.

Thanks.
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If you won't give better detail about your problem you won't get a better answer.

Why do you believe you are being "stalked"? If you are being stalked, what have the police told you? If you haven't reported every detail of it to the police, why not, and how do you expect anyone to be able to help you if you don't?

You are right that a restraining order is just a piece of paper- but if you don't make the effort to get it you take away what may be the only tool for law enforcement to help you. Seeking monetary damages certainly isn't going to do anything to keep anyone away from you.

Regarding your filings, as was mentioned above, you are using the terms in a manner that does not really make sense. You are likely in over your head and would benefit from obtaining legal counsel.

If you take the time to share more info here then perhaps someone can help sort it all out with you.
 
What U say is right Mightymouse. So I'll give U the important details.

I had called police on some people for making noise and they proceeded not only to harass me but to stalk me wherever I went and slander my name along the way. They even stalked me to another state in violation of federal law. Some wear their gang colors while others dress normally.

When I got sick and had to be admitted to a nursing home, they stalked me there to and paid some patients to harass me and assault me by spraying toxic chemicals into the room. The stalkers would bang on my window to let me know they were there, and behind the assaults by proxy, and would laugh about it. I tried the police but they never responded to me letter. I then tried Mediation, but they refused to answer.

As though this were not bad enough, I had made some verbal complaints about neglect and then became the victim of further retaliatory actions from some of the health care workers, who would either participate directly, or facilitate the assaults, and would also deprive me of sleep. I have at least one sworn affidavit, and discovery and subponas will reveal additional evidence.

I seek orders to restrain them from their actions, but also seek monetary damages for the pain & suffering, emotional distress, and punitive damages etc. I've learned that people are easier to comply when they find themselves facing prison terms and large monetary payments.

Because the health care workers are entrusted to care for patients, I also seek their termination and never to be allowed to work around patients.

There U go people, I've put it out there because I really do need help in knowing how best to proceed. Because I am indigent I have not sought an attorney, but may ask the court for assistance when I can show a prima facie case.

That being said, I hope to hear form U guys how best for me to proceed.

Hope to hear from U soon.
 
With the details given, it is hard to see any reason that you have to sue anybody for anything.

Why do you believe someone is "stalking" you? Has anyone ever made a direct threat to you that made you fear for your personal safety?

How were you assaulted by the health care workers? What did they do?

Based on this, you won't get anyone fired and you won't win any kind of judgment. If there is stalking or assault taking place then police would surely help you, but the information supporting the accusations is not there.

How to proceed? From what you are saying here, the best way to proceed is likely to drop the matter and move on with your life. This isn't going to go anywhere and will just cause you grief trying to pursue it.
 
Prosepina, if U think these things and wilder go on in this world, then U must live a very sheltered life.

Mightymouse, read the stalking statute, they are basically the same in CA. as they R in N.Y. U will find that U need not be threatened verbally to be stalked, harass etc.

I'm sorry, but I am not going to produce exhibits and provide every detail. I believe I've given ample info for any qualified person to give me some legal advice that will be of help. I've heard of what is called "Conversion", but not yet familiar with the details.

U should also know that there are various methods by which one can assault a person. Gun & knives are not the only methods.

I provided the Adamblock.com site for U to see how one can be stalked, harassed, and slandered without saying a word to U. If U took the time to read it, U would know that they not only stalked the guy but his girl friend as well. And they would call his job tell his employer that he was a pedophile. But obviously U guys did not take the time.

I'm confient that there is someone in this forum community that will give me some good information on how best to proceed, without providing exhibits and giving every little detail. If I can use the OSC for restraining orders and sue for damages as well, that will be good to know. But if not, I'm still here hoping & praying someone with extensive knowledge will provide me helpful information with the info I have already given.
 
gerronamo said:
Mightymouse, read the stalking statute, they are basically the same in CA. as they R in N.Y. U will find that U need not be threatened verbally to be stalked, harass etc.
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On the contrary. Stalking requires repeated following and a credible threat that would make a reasonable person fear for their personal safety.

I'm sorry, but I am not going to produce exhibits and provide every detail. I believe I've given ample info for any qualified person to give me some legal advice that will be of help. I've heard of what is called "Conversion", but not yet familiar with the details.
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You have given enough information that any qualified person will tell you to drop it. This isn't going anywhere.

U should also know that there are various methods by which one can assault a person. Gun & knives are not the only methods.
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Yes, that is clear, but you have yet to give any indication as to how you have been assaulted.

I provided the Adamblock.com site for U to see how one can be stalked...But obviously U guys did not take the time.
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If you did, it was removed from your post since you haven't yet reached a level on this site that will allow you to post links... its a Spam thing. Even so, the website you reference here leads to a resume of a sound designer in Connecticut.

I'm confient that there is someone in this forum community that will give me some good information on how best to proceed, without providing exhibits and giving every little detail. If I can use the OSC for restraining orders and sue for damages as well, that will be good to know.
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This question has been viewed more than 100 times by people that are plenty qualified to tell you that you have a weak argument to make. If you had a legitimate issue to be resolved you would have plenty of people chiming in with bits and pieces of advice, but there is really nothing to say, so they don't.

It appears that your best course of action is to cease any course of action. If you want to then yes, you can still seek a restraining order as was first suggested, but you indicated that was not sufficient for you. You better have some much more convincing information if you want a judge to impose a restraining order on anyone.
 
Well if they are not committing the acts indicated, they would have no reseason not to obey any order. I have a copy of the the site I gave U, but perhaps it's been changed somehow. I do believe Adam Block was in the media filed so perhaps it is him.

As the complaint & police report will show, I called the police several times on these people several times, And although they were able to decieve the cops, it does not negate their motive. As indicated, some wear gang colors not your law abiding citizens, while others wear regular clothing. As further stated, subpoena and discovery will reveal further supporting evidence.

I understanf how you would like to have every detail, but I would think that any qualified person -- by assuming that the allegations are true, would be able to give me the best method to proceed. The key words here are: "assuming the allegations are true". I don't doubt there are qualified persons out there, but I also know there are idiots like Proserpina who have nothing better to say. Not everyone in this community is legally inclined. For the record, I won one case in Federal Court on my own, and survived summary judgment on another, but was precluded from going forward by the acts of the defendants to be.

However, I am extremely limited to the legal research I can do and is why I'm reaching out to wherever I can. As for the health care workers, like I said, I have one sworn affidavit so far, also have a video taken with a mini-cam. There is much more, some circumstantial and others not. But to give every detail is too time consuming.

So what I'm asking, that providing all I say is true, "what would be the best method" All I need is best method to get protection I need, and to be paid for my loss, expenses, and other damages mentioned.

Hope to hear from one solid attorney, or even excellent legal student, that will not mind giving me the info I seek.

By the way, except for Proserpina, I do appreciate U guys taking the time to respond.
 
Dude, these idiots are bullies.

If I were you, I'd ignore them.

Bullies take pleasure in hurting innocent people like you.

Just live your life and forget these thugs.

You'll be just fine.

These cowards like scaring people.

Be brave and bring out your inner hero and just move on.


Proserpina is a very nice woman.

She meant you no harm.

I think you misread her posts.
 
I suppose since U people live a pretty nice life and have never had to deal with people stalking U, slandering, not letting U sleep etc. that U obviously think by ignoring them or dismissing their actions it will go away. Well I thought it would eventually fade away myself, but that is not the case, and thus the reason for seeking judicial intervention. The National Center For Victims of Crime has great info on stalking. I suggest U read some of and get yourselves famliar with it so U can learn the negative psychological & physical effects these acts can have on a person. Not all of us live sheltered lives or in nice communities. Some of us are poor and have to deal with some really crazy and disgusting low-life people who enjoy having power over others.

I've already tried what U suggest Army Judge, but it's just not working. Like I said, they enjoy it too much. The stalking and harassment has been going on for 2 years and counting. The slander recently started again. So when U tell me to ignore them and get on with my life, I have to ask myself how much longer am I to ignore them and what life.... I have no life -- I just exist.

My research shows me I'm not the only one going through this, and it equally shows that those going through it are having an equally extremely difficult time. I've read where people were stalked and harassed for five years ! So I will try getting the court's help and if I can't get it, it won't be for lack of trying.

Still though, I wait and hope someone will tell me how best to proceed. Whether to file two separate lawsuits or if I can somehow sue for the restraing orders and for damages at the same time.
 
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Some people move away and tell no one where they've gone.

Go to the FBI or your local prosecutor and ask for protection. the "witness protection program" comes to mind.

And, as far as my "nice" life; I've earned it.

I spent three years in the jungles of Cambodia, Vietnam, and Laos. It wasn't nice, trust me. People were trying to kill me over there, each and every day!!

No, dude, don't rag on me because someone is trying to kill you. We've given you options. We aren't stalking you. We don't encourage stalking or violence.

Write Obama. Write your senators or congressperson. Write your governor. No lawsuit is gonna stop some gang banging thugs.
 
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mightymoose said:
Odds are that if the police did not take care of this then this is not a case of stalking.
If you get a restraining order, and the restrained person violates that order, then the police can enforce that order.

You likely have a simple case of harassment if anything. You won't get very far on your present course.
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Are you kidding? Do you realize how many grossly mentally ill people are walking around on the streets? Many times the police don't take care of situations like this effectively until it is too late--someone has been viciously attacked and/or murdered. The problem is a society that has their heads buried in the sand when it comes to addressing mental illness issues.

OP...if this person who is stalking you threatens you or terrorizes you in any moderate to severe way, file a Civil Complaint with a Cause of Action of Intentional Infliction of Emotional Distress. Being in fear of one's life (I assume) would rise to that Tort.

If (God forbid) this stalker ends up harming you or your family seriously by physical means, you could probably sue the city because the Police failed to protect you despite your pleas to do something about the stalker/harrasser/possible multilater/murderer.
 
Proserpina said:
I honestly, sincerely and truly believe you need further psychiatric care.
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Why? Because he is telling a crazy story? I don't believe you've been "around the block" like some of us have been. I pray you never come close to the type of stalking done by gang members. Such behavior often ends up tragically for the one being stalked. Clearly you haven't a clue to the reality of life in dangerous neighborhoods such as what (I'm sure) the Op lives in.
 
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