IN THE CITY OF ADAMSVILLE
FILED THIS SWORN STATEMENT WITH THE CLERK
DIANN HODGSON on OCTOBER 1, 2004
RE: BEVERLY BRABHAM, Plaintiff
Civil Action No. CV 04-2272
Case pending in State Civil Court
vs.
CITY OF ADAMSVILLE
ROY LANDRUM
MILTON BARKER
JOHN BENTLEY
KEITH HENDERSON
SWORN STATEMENT OF DAMAGES
TO BEVERLY BRABHAM
BY CITY OF ADAMSVILLE, ALABAMA
Alabama Code of Law
Section 11-47-192
Filing of statement as to manner of injury, damages claimed, etc.
No recovery shall be had against any city or town on a claim for
personal injury received, unless a sworn statement be filed with the
clerk by the party injured or his personal representative in case of his
death stating substantially the manner in which the injury was received,
the day and time and the place where the accident occurred and the
damages claimed.
1. On April 16, 2002, Officer John Bentley came to my home up a winding dirt road, not visible from the public road, due to the report of an argument. He was told there was no arguing going on.
2. A while later, after Bentley should have been gone from the private property, Officer Henderson arrived and entered my home without invitation. (4th Amendment Violation) I was in the bathroom with the door locked. He banged on the door and said come out of there and bring me the keys to that car. I said that I'd have to get dressed to do so. He said come out now, or I'll come in there on you. (Civil Assault). I was in shock that he had entered my home and even wondered who this person was.
3. He entered my inoperable vehicle without permission to retrieve a baggie of change from the console. I then mentioned that there must be certain rights that people have in the privacy of their homes, to be barged in on by a cop without cause, enter my vehicle without permission or cause, and to threaten to break in a bathroom door. See Attached (sworn before a Notary)
Affidavit of Donald Mooneyham
for details of this occurrence.
4. From October 2002 until March 2003, I went to court in Adamsville before Landrum approximately every 2 weeks. Each trip cost a days work for my friend, Donald Mooneyham, and he was clearing $100 per day. I owe that back to him, as of this writing, approximately $2,000.00. I also owe $10 per court date for his gas to take me.
5. Landrum refused to appoint me an attorney, although I filled out the hardship affidavit in November 2002. He threatened me with jail at each court date, yet he had never considered the facts of the case.
6. I was never presumed innocent in that court. The bewilderment and the injustice suffered was horrendous. I could not afford an attorney, and I would lie awake night after night, unable to sleep, knowing that I was in my home, minding my own business, when this terror struck so suddenly and lingers to this very day.
7. For a Judge, Lawyer, or other city official who will never chance facing such injustice, it will be hard for them to understand the mental anguish, stress, depression, and despondency that one goes through when they are continuously slapped in the face with injustice.
8. No one who was in authority and who could have done something long ago to remedy or correct the situation would do so. I called Mayor Moore of Adamsville numerous times concerning the corruption and also about what further corruption and conspiracy was discovered after I filed in Federal court. The first call to him was in November 2002 when Judge Landrum refused to appoint me an attorney. He did nothing about the situation.
I filed in Federal Court and was successful in that seeking their help resulted in Attorney Fred Pickard being appointed to represent me.
I called Mayor Moore in January 2003 to notify him that I had to resort to filing in Federal Court because he had ignored my pleas for help.
I called Mayor Moore in April 2003 after Judge Landrum breached the contract plea agreement. He took no action and ignored my phone calls. However I gave the specific messages and my phone number to his secretary, Cindy Hodgson, at each call and she was to give him the message. I notified Mayor Moore after Milton Barker and Officer Bentley wrote up a false statement, duly sworn under oath, and a false arrest report on me in April 2003 to retrofit the April 2002 arrest. Mayor Moore never returned my calls, nor did he take any action to correct this gross misconduct by the Adamsville Municipal Court. I even called the Jefferson County Courthouse to see if there was any other authority over the City of Adams ville that could stop this terror against me. They said it was the duty of the Mayor, Chief of Police, and Internal Affairs. All three of these individuals were very negligent in their duties as stated below and compensation is due me because an unreasonable amount of time has passed, where they have done nothing.
Section 12-14-15
Power of mayor to remit fines and costs, commute sentences
imposed by municipal judges, etc.; report of actions to municipal
governing body.
The mayor may remit fines and such costs as are payable to the
municipality and commute sentences imposed by a municipal court or
the court to which an appeal was taken for violations of municipal
ordinances and may grant pardons, after conviction, for violation
of such ordinances, and he shall report his action to the council or
other governing body at the first regular meeting thereof in the
succeeding month with his reasons therefor in writing.
(Acts 1975, No. 1205, p. 2384, §8-104.)
ALSO:
Section 11-47-190
When municipality liable; joint liability of other persons or corporations.
No city or town shall be liable for damages for injury done to or wrong
suffered by any person or corporation, unless such injury or wrong was
done or suffered through the neglect, carelessness or unskillfulness of
some agent, officer or employee of the municipality engaged in work
therefor and while acting in the line of his or her duty, or unless the said
injury or wrong was done or suffered through the neglect or
carelessness or failure to remedy some defect in the streets, alleys,
public ways or buildings after the same had been called to the attention
of the council or other governing body or after the same had existed for
such an unreasonable length of time as to raise a presumption of
knowledge of such defect on the part of the council or other governing
body and whenever the city or town shall be made liable for damages by
reason of the unauthorized or wrongful acts or negligence, carelessness
or unskillfulness of any person or corporation, then such person or
corporation shall be liable to an action on the same account by the party
so injured. However, no recovery may be had under any judgment or
combination of judgments, whether direct or by way of indemnity under
Section 11-47-24, or otherwise, arising out of a single occurrence,
against a municipality, and/or any officer or officers, or employee or
employees, or agents thereof, in excess of a total $100,000 per injured
person up to a maximum of $300,000 per single occurrence, the limits
set out in the provisions of Section 11-93-2 notwithstanding.
(Code 1907, §1273; Code 1923, §2029; Code 1940, T. 37, §502; Acts 1994, No. 94-641, p. 1202, §1.)
Once Chief of Internal Affairs Washington got on the phone and was very rude to me. He said give me your number, I'll call you back when I can. He never did so.
10. Chief of Police Wilson was also notified in May 2003 when I discovered the false arrest that Officer Bentley had written up on me. He did nothing about the conspiracy of Bentley and Barker, nor the false arrest report. When I served a US District Court subpoena for the arrest report MC-03-00291, it had disappeared. I notified Wilson of that fact, and he did nothing about it. I suggested that he look at the chronological numerical order of it, but never heard anything from him. So he offered no help in the corruption and injustice that was occurring against me. An absolute unreasonable amount of time has gone by for him to be able to help remedy the injustice and negligence on the part of his Officials in the Adamsville City Court.
11. With having the numerous phone calls and pleas for help from the terrorism by these unrelenting court officials ignored, I am due compensatory damages from the city of Adamsville as a matter of the law quoted above.
My damage claims are as follows:
21 court trip expenses(the next one is October 26, 2004) $2100.00 plus $210 gas = $2310.00
Personal expenses per court trip, motions, time wasted: $100 per trip = $2,100.00
Meal - lunch before court $15.00 average x's 21 = $315.00
Doctor visit 150 miles away (three times) $125.00 each = $375.00
Trip expense to doctor x 3 = $300
Meals $60.00
Medication $128.50 monthly since Aug. 2003 = $1927.50
Filing in Federal Court in January 2003 due to refusal to appoint atty. (time, expense, & travel) = $2,500.00
Filing in Federal after Defendant Landrum breached contract and other corruption/conspiracy was discovered (time, expense, travel) $3,500.00
I will require future medical treatment and medication for the damages caused by this corruption, injustice, and terrorism. Estimated $60,000.
The above compensatory damages total: $73,387.50
However I request that compensation be awarded to me in the amount that the law allows,
which is $100,000 per incident. The proof is clear and convincing, as the record indicates.
by Fed. Judge Lynwood Smith
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