31 Jul

Bane Act Lawsuit

This lawsuit was filed in a continuing effort to get our day in court.  In the earlier RICO lawsuit, Federal judges Moskowitz and Battaglia attempted to defeat the RICO lawsuit by threatening us with further pursuit of it after it was dismissed.  We nevertheless filed an appeal.  The IRS and Capital One then attempted to deny us a hearing at the appeals court by, among other things, wrongfully taking our home and business.  We filed suit for these acts.  We used the Bane Act and other claims.

The California Bane Act creates civil liability for those individuals who deny or attempt to deny the civil rights:

Cal. Civil Code § 52.1. (in part)
(a) If a person or persons, whether or not acting under color of law, interferes by threats, intimidation, or coercion, or attempts to interfere by threats, intimidation, or coercion, with the exercise or enjoyment by any individual or individuals of rights secured by the Constitution or laws of the United States, or of the rights secured by the Constitution or laws of this state, the Attorney General, or any district attorney or city attorney may bring a civil action for injunctive and other appropriate equitable relief in the name of the people of the State of California, in order to protect the peaceable exercise or enjoyment of the right or rights secured.

10/11/11
Complaint Filed in State Court
Removed to Federal Court
Various Dates
Lawsuit dismissed by the District Court
10/28/12
11/27/12
11/27/12
11/27/12
12/11/12 Kenner reply to all appeal opposition briefs

Appeal pending as of  May 23, 2013.