From the April 2002 Idaho Observer:
J.A.I.L. serves notice on Idaho AG
Idaho J.A.I.L.ers claim $5 million in ballot title damage
Below is the text of a Notice of Claim sent to the appropriate parties April 17, 2002. The claim is in response to ballot title language that was in violation of state statute in its misrepresentation of the Judicial Accountability initiative. Idaho J.A.I.L.ers believe that Deputy Attorney General Brain Kane either has poor reading comprehension skills or intentionally constructed the initiative's short and long ballot titles in such a way that they would discourage public support of the measure. When head Deputy Attorney General William Von Tagen demonstrated that the Idaho State Attorney General stands behind Kane's ballot titles and would not alter them to be consistent with state statute, Idaho J.A.I.L. had little recourse but to file a claim for damages.
Idaho J.A.I.L. Relief, Inc.
NOTICE OF CLAIM
Claimant: Idaho J.A.I.L. Relief, Inc.
Claimant: Rose Johnson
Claimant: Dale Johnson
Claimant: Scott Thurston
Claimant: Vickie Barker
Claimant: Donald W. Harkins
Claimant: Ingri Cassel
Claimant: Leonard Browning
TO: STATE OF IDAHO
TO: Office of the Attorney General
TO: STATE OF IDAHO Attorney General Alan G. Lance
TO: STATE OF IDAHO Deputy Attorney General Brian Kane
The above-named Claimants file this NOTICE OF CLAIM Pursuant to 42 U.S.C. Section 1983, Section 1985 and pursuant to the Idaho Code and Common Law of Idaho to redress violations of their First, Fourth, Fifth, Ninth, and Fourteenth Amendment rights under the United States Constitution and violations of their rights under Article 1, Section 2 and Article 3, Section 1 of the Idaho State Constitution as well as to redress the Idaho State law torts of malicious abuse of process, official misconduct and deprivation of civil and constitutional rights under color of state law.
The Claimants make claim against the STATE OF IDAHO and such other city, county and/or municipal agencies, departments, and other political subdivisions there are as liable to Claimant under the Idaho Tort Claims Act. Furthermore, Claimants make claim against all individuals/employees who were acting within the course and scope of their employment with the aforementioned entities, and whose negligent actions and/or commissions were a proximate cause of the injuries alleged herein:
1. The Claimants' actual residence at the time of this presentation and filing of this claim, and for six (6) months prior to the time the claim arose are as follows:
Idaho J.A.I.L. Relief Inc.,4465 N. Cloverleaf Rd.,#58,Post
Falls, Idaho 83854;
2. That this claim is for damages for injuries suffered by the Claimants as a direct result of the actions of the Idaho State Attorney General's Office.
3. That the damages incurred by the Claimants are a direct and proximate result of said Respondents' unlawful interference with a Peoples initiative, (Judicial Accountability Initiative Law, J.A.I.L., hereinafter, initiative.) which was proposed and lawfully initiated by the Claimants. Rights of the Claimants were violated and interfered with when, without lawful authority, and in violation of the rights of the Claimants, said respondents willfully obstructed and misrepresented the spirit and intent of the Claimants in drafting and creating both the short and long ballot titles which said initiative would have to bear for signature gathering and election purposes. Furthermore, Respondents failed in their statutory duty of creating a distinctive short title containing words by which the measure (initiative) is commonly referred to or spoken of and a general title expressing the purpose of the measure (initiative). Claimants also aver that the respondents failed in their statutory duty in creating a general title giving a true and impartial statement of the purpose of the measure (initiative) in such language that the ballot title shall not be intentionally an argument or likely to create prejudice against the measure (initiative).
4. The aforementioned wrongful acts occurred in the State of Idaho between February 2002 and are ongoing as of the date of the filing of this claim.
5. The Claimant seeks payment for damages that include but are not limited to; substantive violations of his constitutional and civil rights guaranteed to him by the Federal Constitution, the Idaho State Constitution and the Idaho Code; Expense and out of pocket costs for signature gathering, mental and emotional stress, anxiety, and punitive damages.
Accordingly, the Claimant makes a Claim against the above-named Respondents for the sum of $5,000,000.00, plus reasonable attorney fees and costs incurred herein and such other relief as the Court deems equitable and proper.
6. The names and addresses of persons known to Claimant at this time who have knowledge of the incident are among others :
1. Rose and Dale Johnson,4465 N. Cloverleaf Rd.,#58,Post Falls, Idaho 83854;
2. Scott Thurston, C/o 215 Main St. Juliaetta, Idaho 83535;
3. Vickie Barker, HC4 Box 66, Fernwood, Idaho 83830;
4. Donald W. Harkins, P.O. Box 547, Spirit Lake, Idaho 83869;
5. Ingri Cassel, P.O. Box 547, Spirit Lake, Idaho 83869;
6. Leonard Browning, P.O. Box 9, Priest River, Idaho 83856;
7. Office of the Attorney General, STATE OF IDAHO, 700 W. Jefferson Street, P.O. Box 83720, Boise, Idaho 83720-0010
DATED this _________________ day of April, 2002.
Idaho J.A.I.L. Relief, Inc.
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