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Eldon Lee Allison, Ii v. the State of New York

September 25, 2011

ELDON LEE ALLISON, II, PLAINTIFF,
v.
THE STATE OF NEW YORK, COMPLAINER DOE, STATE OF NEW YORK DEPARTMENT OF MOTOR VEHICLES, COUNTY OF WYOMING COUNTY COURT, WARSAW VILLAGE COURT, DONALD G. O'GREEN, JOHN NEELEY, MICHAEL W. KENNEDY, RYAN W. BUTTLES, 6627, SUPERIOR OF RYAN W. BUTTLES, HAMBURG TOWN COURT, CARL MORGAN, THOMAS BOYER, HAMBURG OFFICER DOE, AND WALTER L. ROOTH, DEFENDANTS.



The opinion of the court was delivered by: William M. Skretny Chief Judge United States District Court

DECISION AND ORDER

1. Pro se Plaintiff, Eldon Lee Allison, II, commenced this action on August 19, 2009 (Docket No. 1) by filing a complaint naming fifteen defendants and stating three causes of action, which are styled as: trespass, trespass on the case, and trespass on the case -- vicarious liability; each claim is alleged against each defendant. (Complaint ("Compl.") ¶¶ 1, 31, 38.)

2. Cognizant of the distinct disadvantage that pro se litigants face, this Court has read Allison's submissions carefully and liberally, and has interpreted them to raise the strongest arguments that they suggest. See Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972); Burgos v. Hopkins, 14 F.3d 787, 790 (2d Cir. 1994). As such, based on the facts alleged, this Court construes Allison's complaint as alleging claims for false imprisonment, malicious prosecution, and conspiracy.

3. Allison alleges the following set of facts:

* Around June 6, 2008, while operating his car, Allison was pulled over by Defendant Thomas Boyer, who asked Allison to provide his driver's license. (Compl. ¶ 7.)

* Allison "immediately objected to jurisdiction" and told Officer Boyer that he did not have a driver's license. (Compl. ¶ 7.) (Allison believes that because he was not using his vehicle for "commercial purposes," he does not need to possess a New York State driver's licence.) (Compl. ¶¶ 7,13.)

* Allison alleges that he was subject to "restraint," but later released. (Compl. ¶ 8.)

* His case was later adjudicated in Hamburg Town Court before Walter

L. Rooth, where he once again objected to "jurisdiction." (Compl. ¶10.)

* Believing that he is a "sovereign people," Allison, himself, composed and issued a series of orders and writs, which, enterprising and colorful as they may be, were rejected by the Hamburg court. (Compl. ¶¶ 8-12; see exhibits A-H.) * Allison also mailed an "order," which proclaimed that he "was exempt from being required to have a driver's license for the purpose of traveling along the public roads," to the New York State Department of Motor Vehicles ("DMV"). (Compl. ¶¶ 9-11.)

* Apparently unmoved by the "order," Allison received a letter from the DMV indicating that he was required to pay certain fines. (Compl. ¶ 13.) * Allison continued to drive his car, and around November 23, 2008, he was stopped again, this time by Officer Defendant Ryan Buttles. Allison again asserted his objection to "jurisdiction" and informed Officer Buttles that he did not have a driver's license. Although Allison presented his "superior court of record default judgment", which exempted him from such requirements as obtaining a driver's license, Officer Buttles ignored it and arrested him. (Compl. ¶ 14.)

* Around December 15, 2008, answering to these charges in Warsaw Village Court before Justice Michael Kennedy, Allison again raised jurisdictional objections. (Compl. ¶¶ 16,17.)

* On March 28, 2008, pursuant to an authorizing warrant signed by Donald O'Green, Allison was arrested at his home. He was detained for 5 ...


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