Gina v City of Augusta Amended Complaint 42 Usc 3601 Filed

8/18/2019 Gina v City of Augusta Amended Complaint 42 Usc 3601 Filed

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1:16-cv-00100-NT GinA v. City of Augusta et al, Amended Complaint Page 1 of 68

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MAINE

GinA CIVIL NO. 1:16-cv-00100-NTPlaintiff

v

City of Augusta Maine

a municipality, a body corporate and politic and

as a government agent for the State of Maine

Judicial Branch, and

City of Augusta Police Department

a body corporate and politic and a government

agent for the City of Augusta and the State of

Maine Judicial Branch, and

City of Augusta “All_ Police” Officers

in their individual and official capacities as

government agents for the City of Augusta

and the State of Maine Judicial Branch, and

William Stokes

in his individual and official capacities as Chief

Deputy Attorney General for State of Maine, as

Mayor for City of Augusta and as a government

agent for State of Maine Judicial Branch, and

Matthew Pouliot

in his individual and official capacities as a

Representative for Maine (part of District 86,

including 32 Court Street), as Vice Chair of

City of Augusta Planning Board, and as a

government agent for State of Maine Judicial

Branch, and

JURY TRIAL DEMANDED

VERIFIED AMENDED

COMPLAINT

Violation of

42 USC §§ 3601 & 3604(f),

42 USC § 3617,

1st Amendment, and

42 USC §§ 1981, 1983, 1985 & 1986

Case 1:16-cv-00100-NT Document 13 Filed 04/08/16 Page 1 of 69 PageID #: 42


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William Bridgeo

in his individual and official capacities as

Manager for City of Augusta, and as a

government agent for State of MaineJudicial Branch, and

Matt Nazar

in his individual and official capacities as

Director of Development Services for City

of Augusta and as a government agent for

State of Maine Judicial Branch, and

Gregory Roy

in his individual and official capacities as the

owner and landlord for 32 Court Street, and

as a government agent for City of Augusta, City

of Augusta Police Department, and the State

of Maine Judicial Branch

Defendants

GinA files this Verified Amended Complaint which provides a wealth of facts,

direct and indirect prima facie and circumstantial evidence of a premeditated, long-

lived and continuing conspiracy against GinA starting in November 2009 among

countless government agents of the State of Maine, City of Augusta Maine, City of

Augusta Police Department and “ All_Police” Officers, William Stokes, Matthew

Pouliot, William Bridgeo, Matt Nazar, Gregory Roy, Royce Watson (who will be

dealt with in a separate complaint), Ray Corporation (who will be dealt with in a

separate complaint), as well as Leigh Saufley, Donald Alexander, Joseph Jabar,

Robert Mullen, Michaela Murphy and Valerie Stanfill who are all named as

Defendants in companion case 1:16-cv-00095-NT, which is currently being amended

and will be filed by April 20, 2016 at 11:59pm via Electronic Court Filing.



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This tortious punitive conspiracy began as a result of GinA ‟s known disability

which was the sole basis for an unlawful license suspension for GinA ‟s alleged

“incompetence” to safely operate an automobile under 29-A MRSA §2458(2(D)

despite GinA having earned three years‟ safe driving credits for years 2008, 2009and 2010 which has perpetually motivated GinA to stand on her lawful rights to

travel without a “license”, to redress her grievances with her government, to have

equal and fair access to the courts, to receive reasonable accommodations for her

disability, to be heard, to speak, to not speak, to attend hearings, to enjoy due

process of law, inter alia.

William Stokes wrongfully acted in multiple capacities during the events

outlined in this complaint, as: (1) Chief Deputy Attorney General for State of Maine

Attorney General‟s office, (2) Mayor for City of Augusta, who is the chief law

enforcement officer for City of Augusta Police Department with full administrative

control over “ All_Police” Officers, administrative employees and departments, and

(3) as a viable candidate for a promotion to a judicial position, and (4) and

individual who would benefit by being able to afford a $100,000.00 home equity loan

when most of his public constituents are in, at or near homelessness or bankruptcy,

none of which he disclosed to the public in any type of recorded event, all of which

breach his duties of trust and public service under 5 CFR 2635.101(1) ― Public

service is a public trust, requiring employees to place loyalty to the Constitution, the

laws and ethical principles above private gain. (2) Employees shall not hold

financial interests that conflict with the conscientious performance of duty.(3)

Employees shall not engage in financial transactions using nonpublic Government

information or allow the improper use of such information to further any private

interest.‖

Matthew Pouliot wrongfully acted in multiple capacities during the events

outlined in this complaint, some capacities did not overlap whereas other capacities

overlapped and conflicted with each other, none of which he disclosed to the public

in any type of recorded event, all of which breach his duties of trust and public

service as outlined above, as: (1) member of the State House of Representative



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(126th) for part of District 86 including 32 Court Street, all of Perham Street, 14

Winthrop Court (which was Matthew Pouliot‘ s personal home during most of these

events and which is now owned by Matthew Pouliot‘ s real estate agency Alliance

Properties LLC with a parcel summary value of $99,000.00) and 99 Winthrop Street(which is Matthew Pouliot‘ s current personal home as of June 2015 which he bought

for $77,000.00 with a clear title, a recorded land patent and historical designation),

(2) Vice Chair of the City of Augusta Planning Board from 2011 through 2014, (3)

Board Director for Augusta Housing Services Corporation (a 501(c)(3) agency

created by Augusta Housing Authority which has more than $300,000.00 assets), (4)

a licensed realtor, (5) as a viable candidate for re-election to the State House of

Representatives (127th) for part of District 86 , and (6) an individual.

GinA ‟s federal constitutional, civil and fair housing rights have been grossly

violated based on one or many discriminatory reasons, because she is (1) female, (2)

disabled, (3) low income, and (4) a member of a protected homeless class in Maine.

GinA respectfully moves this court to order declaratory, monetary, injunctive

and equitable relief for Defendants‟ premeditated conspiracy in their individual and

official capacities as public servants and government agents for the State of Maine

Judicial Branch and City of Augusta as well as all proper punitive damages.

Each and every Defendant, individually and jointly, conspired to violate and

did in fact violate GinA ‟s federal civil rights as a disabled low income homeless

woman under color of state laws as described in this complaint to have equal rights

to speak, to not speak, to be heard, to make fair terms and enforce rental contracts

for her constitutionally protected property interest in Unit 1 at 32 Court Street

Augusta, to have equal access to public information about 32 Court Street that

directly impacts her life, liberty and pursuit of happiness, to have peaceful

enjoyment of her home at 239 Cony Street, 3 Washington Street Place, and 32 Court

Street, to be free from governmental intrusions on her right to exchange

information, to be free from being forced to testify at fraudulent eviction trials

enforced by courts and public servants who would be acting in a complete absence of

all jurisdiction, and to enjoy full and equal benefit of all laws and proceedings for



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the security of GinA‟s person and property as a disabled, low income homeless white

woman, inter alia, for purposes of Defendants concealing their official public acts as

GinA aptly alleged and supported by public records referenced in the companion

case 1:16-cv-00095-NT, GinA v. Leigh Saufley for construction of a Capital JudicialCenter and its parking lots at 32 Court Street, Augusta.

All Defendants named herein knew or had reason to know that Leigh Saufley

et al would be acting in complete absence of all jurisdiction during all judicial

proceedings for all evictions at 32 Court Street in August, September and October

2014 as alleged in the companion case 1:16-cv-00095-NT, GinA v. Leigh Saufley for

purposes of razing 32 Court Street to build a parking lot for the Capital Judicial

Center at GinA‟s and Maine taxpayers‟ expense.

I. JURISDICTION AND VENUE

GinA claims federal jurisdiction under 42 USC § 3613(a) for gross punitive

interference with her fair housing rights under Title VIII of the Civil Rights Act of

1968 (Fair Housing Act) as amended by the Fair Housing Amendments Act of 1988.

GinA claims federal jurisdiction under 28 USC § 1331, 28 USC § 1343, 42

USC § 3617 and Article III § 2 which extends jurisdiction to all civil actions arising

under the Constitution, laws or treaties of the United States.

Declaratory and other proper relief is authorized by 28 USC §§ 2201 and

2202 and 42 USC § 3613(c).

Venue is proper in the District of Maine under 28 USC § 1391(b).

All Defendants are located and residing in Maine, and all events, actions and

omissions giving rise to this claim occurred in Maine.

II.

STATUTORY AUTHORITY

GinA requests a court-appointed attorney under 42 USC § 3613(b)(1) to

advise her about federal laws and rules of procedure as stand-by counsel only.

GinA is authorized to initiate this action under 42 USC § 3613(a) to bring a

civil action against any person who discriminates against, interferes with, coerces or

intimidates her in making fair terms, conditions, and privileges or otherwise makes



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a dwelling unavailable because she is a member of four protected classes of people

based on her being known to be female, low income, disabled and homeless.

GinA is authorized to initiate this action under 42 USC § 1981 to bring suit

against any person who impairs her equal rights or discriminates against her as adisabled, low income homeless white woman under color of state laws to violate her

equal rights to make fair terms and enforce rental contracts for her constitutionally

protected property interests for 239 Cony Street, 3 Washington Street Place, and 32

Court Street Augusta and to enjoy the full and equal benefit of all laws and

proceedings for the security of GinA‟s person and property.

GinA is authorized to initiate this action under 42 USC § 1983 to bring suit

against any person who subjects or causes her to be subjected to the deprivation of

any rights, privileges and immunities secured to her by the Constitution and laws

under color of state law.

GinA is authorized to initiate this action under 42 USC §§ 1985(2) and 1986

to bring suit against any person who conspires with any other person to deprive her

of federal rights under color of state law and against any person who, having

knowledge that any of the wrongs conspired to be done and having the power to

prevent or aid in preventing the commission of the wrongful action, neglects or

refuses to prevent such act which serves to violate GinA‟s federal rights as secured

by the Constitution and laws.

GinA brings this suit against Defendants individually and jointly for all

injuries resulting from Defendants‟ violation of GinA‟s equal rights as a disabled,

low income homeless white woman as secured to her by the 1 st Amendment of the

Constitution under color of state law in their individual and official capacities as

public servants and administrative agents of public and judicial servants during all

activities from 2011 until 2014 as related to 239 Cony Street, 3 Washington Street

Place, and 32 Court Street by wrongfully prohibiting GinA‟s equal right to speak, to

be heard, to make fair terms and enforce rental contracts for her constitutionally

protected property interest in 239 Cony Street, 3 Washington Street Place, and 32

Court Street Augusta, to have equal access to public information that directly



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impacts her life, liberty and pursuit of happiness, to have peaceful enjoyment of her

homes at 239 Cony Street, 3 Washington Street Place, and 32 Court Street, to be

free from government intrusions of her right to exchange information, to be free

from threat of a fraudulent eviction trials enforced by courts and judicial servantswho would be acting in complete absence of all jurisdiction, and to enjoy full and

equal benefit of all laws and proceedings for the security of GinA‟s person and

property, inter alia.

GinA sues Defendants for their wrongful acts committed in their official

capacities as public servants and administrative agents for judicial servants during

performance of official public duties for the State of Maine Judicial Branch, Chief

Justice Leigh Saufley, and Justice Joseph Jabar which led to the Maine

Governmental Facilities Authority recording legal title to 32 Court Street Augusta

on October 29, 2014 on behalf of the Maine Judicial Branch and benefiting Greg Roy

in an amount exceeding $140,000.00 of Maine taxpayers‟ money.

III. PARTIES

GinA

GinA is known to be a member of four classes of protected people in Maine:

(1) female, (2) low income, (3) disabled, and (4) homeless pursuant to 17-A MRSA

§1151, sub-§8, ¶B, as enacted by PL 1995, c. 149, §1, effective August 23, 2006.

GinA is known to be a woman with permanent disabilities who has paid into

the Social Security system which qualifies her to receive monthly Social Security

Disability Insurance payments.

GinA is known to be a member of the low income community as evidenced by

her eligibility for and receipt of Medicare, MaineCare, SNAP and LIHEAP benefits.

GinA always pays her own full housing costs from federal disability benefits.

GinA has a history of being homeless and was known to be homeless from (1)

March 3, 2012 until January 13, 2013 and (2) October 16, 2013 until January 22,

2014 , (3) September 26, 2014 through November 11, 2014 .

GinA is currently living in a single family log cabin at 2528 West River Road,

Town of Sidney, County of Kennebec, Maine which is not suitable to be rented as a



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legal residential rental unit because the dwelling requires significant improvements

and safety repairs.

GinA has not engaged in any prohibited acts that would disqualify her from

exercising all of her rights under 42 USC § 3604(f) and all other relevant laws.GinA lived at Unit 1, 32 Court Street, City of Augusta, County of Kennebec,

Maine from January 22, 2014 through September 26, 2014 directly resulting from

Defendants‟ premeditated conspiracy to allow tenant occupancy for only eight

months without proper public and private warnings or FOAA disclosures.

City of Augusta

City of Augusta is a municipality and a body corporate and politic with an

address of 1 Cony Street, City of Augusta, County of Kennebec.

City of Augusta Police Department

City of Augusta Police Department is a body corporate and politic with an

address of 33 Union Street, City of Augusta, County of Kennebec.

City of Augusta Police “ All_Police”

City of Augusta Police “ All_Police” includes all individuals who have ever

responded in their official capacity as a police officer to a call involving GinA.

William Stokes

William Stokes was employed as Mayor of City of Augusta at the same time

he was employed as Chief Deputy Attorney General, Criminal Division, for the

Office of Maine Attorney General, resigning from both roles on July 31, 2014 for a

judicial promotion.

William Stokes presides over cases as a superior court judge at the Capital

Judicial Center, 1 Court Street, Augusta after being nominated on May 7, 2014 and

confirmed on July 31, 2014 .

William Bridgeo

William Bridgeo is employed as Manager of City of Augusta, 1 Cony Street,

Augusta, County of Kennebec. William Bridgeo was appointed as City Manager by

the Augusta City Council in April of 1998 to serve as the chief executive officer and

purchasing agent of City of Augusta, exercise control over all departments and



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divisions, make employee appointments and removals, and keep the City Council

fully advised as to the business, financial condition and future needs of the City of

Augusta, inter alia.

Matt NazarMatt Nazar is employed as Director of Development Services, City of

Augusta, 1 Cony Street, City of Augusta, County of Kennebec.

Matthew Pouliot

Matthew Pouliot is a member of the 126th and 127th Maine Legislature

representing District 86, part of Augusta including 32 Court Street.

Gregory Roy

Gregory Roy lives at 389 Costello Road, City of Gardiner, County of

Kennebec.

Gregory Roy is a licensed real estate associate broker who owned and acted

as a landlord and construction expert for 32 Court Street, City of Augusta, County

of Kennebec.

City of Augusta, Stokes and Bridgeo oversee all activities of Nazar as the

Director of Development Services who directs Code Enforcement Bureau, Economic

and Community Development, Engineering Bureau, Facilities and Systems Bureau,

and Planning Bureau as well as the City of Augusta Police Department and

“ All_Police” officers.

City of Augusta, Stokes, and Bridgeo are jointly officially responsible for all

official actions taken by the City of Augusta Police Department and “ All_Police”

officers as well as all code enforcement officers in their official activities while

performing all law enforcement duties and life safety code inspections, issuing

building permits, ensuring that only licensed experts make certain critical repairs,

approving repairs, ensuring the safety, health and welfare of occupants, taking

administrative or legal action on behalf of the public to force building owners to

make certain repairs in compliance with life safety codes, and to prohibit occupancy

from all unsafe or unfit residential buildings, inter alia.



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City of Augusta, Stokes, Bridgeo and Nazar are jointly officially responsible

for all official actions performed by Keith Luke, Deputy Director of Development

Services, who directly communicated with Greg Roy about City of Augusta‟s offer to

purchase 32 Court Street on behalf of Maine Governmental Facilities Authority andMaine Judicial Branch to build the courthouse parking lot.

Greg Roy is a Maine licensed real estate broker who is educated and trained

to protect the public from all unsafe, hazardous and unfit properties and who

personally owned and acted as landlord and real estate broker for 32 Court Street

Augusta.

Greg Roy was quoted in a January 27, 2013 Kennebec Journal article saying

the courthouse construction project was ―making the living conditions unhappy‖ at

32 Court Street and his former tenant Shannon Perkins publicly described living

conditions as ―insanely noisy‖ due to the constant racket of the nearby courthouse

construction project.

Nazar authorized his code enforcement officer to shut down 32 Court Street

in March 2013 after telling Greg Roy the property was unfit to be occupied and all

occupancy was prohibited until he made certain repairs and improvements in

compliance with life safety codes.

Nazar formally approved an occupancy permit for Unit 1, 32 Court Street in

January 2014 after Greg Roy made certain repairs and improvements.

Nazar‟s issuance of an occupancy permit for Unit 1, 32 Court Street caused

Greg Roy to post public rental advertisements which prompted GinA to answer the

rental ad by email on January 8, 2014 .

Greg Roy and GinA viewed Unit 1 at 32 Court Street together on January 11,

2014 with a neutral witness at which time GinA expressly specified that she was

homeless and was requesting a long-term rental contract exceeding 5 years.

Nazar‟s code enforcement officer spoke with GinA on January 13, 2014 via

email and telephone regarding GinA applying to live at Unit 1, 32 Court Street at

which time GinA was given official approval by the code enforcement officer that

Unit 1, 32 Court Street was safe, decent and approved to be occupied.



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Nazar‟s code enforcement officer failed to inform GinA on January 13, 2014

that Defendants intended to raze the property for a courthouse parking lot.

Nazar‟s code enforcement officer‟s official approval that Unit 1, 32 Court

Street was safe, decent and approved to be occupied directly caused GinA tocommunicate and sign a rental contract with Defendant Greg Roy on January 22,

2014 for Unit 1, 32 Court Street.

Greg Roy defrauded GinA to enter an „at will‟ rental contract without telling

GinA the property was going to be sold to City of Augusta within a few months on

behalf of Maine Judicial Branch. (See KEN-CV-14-176 and GinA v. Leigh Saufley)

Greg Roy defrauded GinA to enter an „at will‟ rental contract without alerting

GinA that the ―insanely noisy‖ environment and other disruptions from the

construction project at 32 Court Street ―made the living conditions unhappy‖ and

severely injuring former tenants by causing them to suffer emotional and physical

distress and financial damages by being forced to move to a different residence to

remedy or avoid damage caused by construction disturbances.

IV. CONSTITUTIONAL AND STATUTORY BACKGROUND

On April 11, 1968, Congress declared their commitment in Pub. L. 90-284,

title VIII, § 801, 82 Stat. 81., to ― provide… for fair housing throughout the United

States‖ by codifying their policy under 42 USC § 3601 stating, ―I t is the policy of the

United States to provide, within constitutional limitations, for fair housing

throughout the United States. Pub. L. 100-430, § 12, Sept. 13, 1988, 102 Stat. 1636,

provided that: “Nothing in the Fair Housing Act [this subchapter] as amended by

this Act…limits any right, procedure, or remedy available under the Constitution or

any other Act of the Congress not so amended.‘‘ ”

Effective March 13, 1989 Congress amended the Fair Housing Act of 1968 to

give equal protection to people based on familial status and those having or thought

to have physical or mental disabilities, more commonly known as the Fair Housing

Amendments Act of 1988, codified in 42 USC § 3604 which outlaws Discrimination

in the … rental of housing and other prohibited practices, specifically under (f)(1)(A)

To discriminate in the … rental, or to otherwise make unavailable or deny, a



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dwelling to any … renter because of a handicap of that …renter… and under (f)(2)(A)

To discriminate against any person in the terms, conditions, or privileges of … rental

of a dwelling, or in the provision of services or facilities in connection with such

dwelling, because of a handicap of that person… The Supreme Court consistently prohibits discrimination based on a person‟s

disability by every individual, entity and agency who deals with all areas connected

with residential housing.

When Congress prohibited housing discrimination based on a disability, they

also outlawed interference, coercion or intimidation with the enjoyment or exercise

of any fair housing rights as codified under 42 USC § 3617 which says, ―I t shall be

unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise

or enjoyment of…any right granted or protected by section … 3604… of this title.‖

Embedded within those federal fair housing rights is the intrinsic federal

right to freedom of religion, press and expression as secured by the 1 st Amendment

to the Constitution, which extends to all federal , state, county, local governments

and their official agents “Congress shall make no law … abridging the freedom of

speech or of the press;‖ .

42 USC § 1981(a) Statement of equal rights was originally enacted to protect

people in minority groups from being discriminated against because of their race,

color, ethnicity or nationality, but § 1981 certainly did not intend to exclude white

people from enjoying the same equal rights that minorities are guaranteed to have,

― All persons within the jurisdiction of the United States shall have the same right in

every State … to make and enforce contracts, to sue, be parties, give evidence, and to

the full and equal benefit of all laws and proceedings for the security of persons and

property as is enjoyed by white citizens…‖

42 USC § 1981 cannot be used to prevent white people from enjoying equal

protection of their federal civil rights because that application of the law would be a

case of reverse discrimination by prohibiting a white person from utilizing a federal

statute that explicitly guarantees “the same right…as is enjoyed by white citizens…”



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which did not intend to prohibit white citizens from enjoying the same protections

as other white citizens notwithstanding membership in any other protected class.

42 USC § 1983 Civil action for deprivation of rights

Every person who, under color of any statute, ordinance, regulation, custom,or usage, of any State …, subjects, or causes to be subjected, any citizen of the United

States … to the deprivation of any rights, privileges, or immunities secured by the

Constitution and laws, shall be liable to the party injured in an action at law, suit in

equity, or other proper proceeding for redress,….

42 USC § 1985(3) Depriving persons of rights or privileges

If two or more persons in any State … conspire … for the purpose of depriving,

either directly or indirectly, any person or class of persons of the equal protection of

the laws, or of equal privileges and immunities under the laws; or for the purpose of

preventing or hindering the constituted authorities of any State … from giving or

securing to all persons within such State … the equal protection of the laws;… in any

case of conspiracy set forth in this section, if one or more persons engaged therein do,

or cause to be done, any act in furtherance of the object of such conspiracy, whereby

another is injured in his person or property, or deprived of having and exercising any

right or privilege of a citizen of the United States, the party so injured or deprived

may have an action for the recovery of damages occasioned by such injury or

deprivation, against any one or more of the conspirators.

42 USC § 1986 Action for neglect to prevent

Every person who, having knowledge that any of the wrongs conspired to be

done, and mentioned in section 1985 of this title, are about to be committed, and

having power to prevent or aid in preventing the commission of the same, neglects or

refuses so to do, if such wrongful act be committed, shall be liable to the party

injured, or his legal representatives, for all damages caused by such wrongful act,

which such person by reasonable diligence could have prevented; and such damages

may be recovered in an action on the case; and any number of persons guilty of such

wrongful neglect or refusal may be joined as defendants in the action; and if the

death of any party be caused by any such wrongful act and neglect, the legal



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representatives of the deceased shall have such action therefor, and may recover not

exceeding $5,000 damages therein, for the benefit of the widow of the deceased, if

there be one, and if there be no widow, then for the benefit of the next of kin of the

deceased. But no action under the provisions of this section shall be sustained whichis not commenced within one year after the cause of action has accrued.

V. FACTUAL BACKGROUND

Disparate Treatment

1. Direct, Prima Facie and Indirect Circumstantial Evidence

o As evidenced throughout the driving record for #1491178, in November

and December 2009 State of Maine DMV sent written requests for

GinA to submit to an unconstitutional medical evaluation but USPS

returned both as undeliverable to DMV because GinA was homeless.

o On January 1, 2010 State of Maine, Bureau of Motor Vehicle, Medical

Unit arbitrarily suspended driver license #1491178 without any good

or legal cause for GinA‟s alleged failure to submit a medical evaluation

which was directly related to GinA‟s disability.

o On January 1, 2010, driver license #1491178 was suspended without a

hearing pursuant to 29-A MRSA § 2458(2)(D) ―Is incompetent to drive a

motor vehicle‖

o On January 9, 2010, GinA moved into 239 Cony Street, Unit 2, and

had virtually no problems with either the landlord or the tenants for

over a year.

o On February 10, 2011, Augusta Police Ofc. Eric DosSantos stopped

GinA for “failure to obey traffic control device” on the corner of

Townsend Rd and Marketplace Drive and issued a ticket for a minor

traffic violation. (See AUGDC-CR-2011-512/513)

o On March 7, 2011, Augusta Police Ofc. Eric DosSantos stopped GinA

as a direct result of the February 10th stop because he knew the license

#1491178 was suspended for “medical reasons” and asked GinA if she



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had any medical issues that would cause the DMV Medical Unit to

suspend license #1491178. (See AUGDC-CR-2011-512/513)

o Ofc. Eric DosSantos issued two uniform summonses for Operating

After Suspension even though he knew the suspension was a benign

“medical suspension” and not considerable as a “prior offense” for any

reason. (See AP-13-17 and KEN-13-517)

o Ofc. Eric DosSantos issued two uniform summonses for Operating

After Suspension in spite of 29-A MRSA 2412-A(8). Traffic infraction.

A person commits a traffic infraction operating while license

suspended as described in subsection 1-A, paragraph A if the

person has not been convicted or adjudicated of a prior offense

under this section and the sole basis for the suspension is:

A. Failure to pay a fine;

B. Failure to pay a license reinstatement fee; or

C. Suspension for a dishonored check.

(See AP-13-17 and KEN-13-517)o On April 17, 2011 the basement at 239 Cony Street, Augusta flooded

from excessive rain runoff from the Haskell Street hill overwhelming

the oil burner and causing it to emit carbon monoxide into the building

forcing GinA to call City of Augusta Fire Department for assistance.

o Augusta Fire Department could not communicate with Royce Watson

because Royce refused to answer his cell or house phone on that day.

o In July 2011, sand fleas invaded GinA‟s apartment causing her to ask

Royce Watson to eradicate the fleas which Royce refused to do.

o From July through the entire month of August 2011, GinA and Royce

engaged in very combative interactions via text message and email

regarding Royce‟s refusal to eradicate the sand fleas in the building.



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o August 13, 2011, KJ article “Big step to new county courthouse” says,

―In October 2009, MSJC CJ Leigh Saufley projected a $55 million new

building to include consolidated superior and district courts and

offices…However, it‘s taken longer than expected to secure the property…‖

o On September 1, 2011, Royce Watson moved Jack Alahverdian into

239 Cony Street, Unit 1 as Royce‟s “sweeper” intended to “sweep” me

out of the building by terrorizing me with his violence.

o Jack Alahverdian told me Royce Watson has used Jack to “sweep”

other tenants out of other buildings prior to 239 Cony St. and that Jack

has also acted as Royce‟s building and maintenance manager.

o Between Sept 1 – 28, 2011, GinA made more police reports for urgent

help with Jack Alahverdian‟s violence and aggression to the Augusta

Police Department than she had ever called the police department in

the past for any reason up to that date.

o Throughout the month of September 2011 and until GinA moved out of

239 Cony Street, Augusta Police intentionally interfered with GinA‟s

quiet enjoyment by allowing Jack Alahverdian to play extremely loud

music which vibrated the walls and windows causing extreme duress.

o In September 2011, after GinA repeatedly demanded that the Augusta

Police Department prohibit Jack Alahverdian from torturing GinA

with his extremely loud, angry music, an agent of the Augusta Police

Department gave me a 17-A MRSA § 506-A “Notice” and directed me to

“serve” it on Jack Alahverdian to cease and desist his harassment.

September 28, 2011, Tim Cason and GinA got permission from Jack

Alahverdian to enter the basement and discovered an oil leak from the

oil tank causing GinA to report the oil leak to Jack Alahverdian and

asking him to report it to Royce Watson because Royce was no longer

talking to GinA as a result of the flea problem.



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o September 30, 2011, 8:30am Royce‟s plumber trespassed on GinA‟s

home by opening GinA‟s entry door and entering the internal landing

for the purposes of serving GinA with a Notice to Quit which claims

Royce made two prior attempts to serve the notice on September 29even though it was not created until September 30.

o September 30, 2011, 10:05pm, Jack Alahverdian said to GinA, ― What

the f*ck do you want? Just because you got served an eviction notice

doesn‘t mean I had anything to do with it.‖ even though GinA had not

told Jack that she had been served with an eviction notice.

o October 1, 2011, 6:20pm, GinA was threatened with bodily harm by

Jack Alahverdian to be committed by unknown third persons so GinA

called Royce and reported Jack Alahverdian as a dangerous tenant.

o On October 1, 2011, GinA called City of Augusta Police Department to

make a police report about Jack Alahverdian‟s threats resulting in Ofc.

Christopher Guay filing a false police report under Incident #11002-

2846-OF, Call #11-54462.

o City of Augusta Ofc. Christopher Guay twice named GinA as suspect.

o On October 3, 2011, GinA reported an “environmental violation” to

U.S. EPA on their website regarding the active oil leak occurring in the

basement at 239 Cony Street, Augusta Maine.

o On October 25, 2011, Tim Cason and GinA went to City of Augusta to

report the oil leak at 239 Cony Street to Code Enforcement which

prompted Robert Overton to perform an inspection on that day.

o Robert Overton called State of Maine DEP to report an active oil leak

at 239 Cony Street Augusta prompting DEP to arrive at 239 Cony

Street at 4:30pm on October 25, 2011 to perform a full inspection,

clean up strongly recommending Royce Watson replace the oil tank.

o Royce Watson refused to replace the oil tank in October 2011 and not

until March 29, 2012 after GinA was forcefully evicted from the house.



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o On November 2, 2011, Civil Deputy Sheriff Harry McKenney served

GinA with an F.E.D. Summons and Complaint for 239 Cony Street at

which time GinA recorded Harry McKenney say ― most landlords lie on

their eviction papers‖ by claiming service was attempted three times ingood faith when the landlord and Harry McKenney know it has not.

o Despite GinA showing Harry McKenney the legal defects in the notice

to quit, Harry McKenney served the illegal summons and complaint.

o On November 18, 2011, GinA filed a 10 page sworn affidavit with the

City of Augusta Police Department to correct the false police report

regarding Alahverdian filed by Ofc. Christopher Guay in October 2011.

o On January 18, 2012, as a result of Jack Alahverdian complaining to

the City of Augusta Police Department about GinA exercising her civil

rights under the 1st Amendment to take video and audio recordings of

public spaces, Ofc. Peter Cloutier arrived at 239 Cony Street and

knocked on GinA‟s apartment door.

o On January 18, 2012, the moment Ofc. Peter Cloutier left 239 Cony

Street, GinA immediately sent an email to Chief Robert Gregoire and

several other law enforcement, government and private recipients with

an attached file of an unedited raw audio recorded interaction between

GinA and Ofc. Peter Cloutier.

(See https://www.youtube.com/watch?v=w9pS5cEUorI)

o On January 19, 2012, GinA received an email from Deputy Chief Jared

Mills saying he initiated an internal investigation about Ofc. Peter

Cloutier‟s behavior which GinA recorded on January 18, 2012.

o On January 25, 2012, GinA and Tim Cason attended a personal

meeting at City of Augusta City Center with Sgt. Chris Shaw to tell

Sgt. Shaw the same details which GinA caught on audio recording on

January 18, 2012 when Ofc. Peter Cloutier illegally entered her home.


https://www.youtube.com/watch?v=w9pS5cEUorIhttps://www.youtube.com/watch?v=w9pS5cEUorIhttps://www.youtube.com/watch?v=w9pS5cEUorIhttps://www.youtube.com/watch?v=w9pS5cEUorI


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o On February 16, 2012, City of Augusta Ofc. Christopher Guay made an

unconstitutional traffic stop on GinA‟s private automobile without any

probable cause. (See AUGSC-CR-2012-286)

o

On April 5, 2012, GinA was falsely arrested in Oakland Maine by Cityof City of Oakland Ofc. Steven Corbett (deceased April 29, 2013 ) and

Sgt. Rick Stubbert. (See AUGSC-CR-2012-667)

o On February 21, 2012, GinA received an official email from Major

Jared Mills confirming that Ofc. Peter Cloutier did in fact behave in an

unprofessional and inappropriate manner on January 18, 2012 in gross

violation of Gina‟s rights under the 1st Amendment.

o Major Mills extended his official apology to GinA on behalf of the City

of Augusta Police Department for her “unfortunate incident”.

o On February 23, 2012, GinA attended a City of Augusta City Council

meeting to notify the City of Augusta council and its agents that an

active oil leak was occurring at that moment at 239 Cony Street and

that GinA was being evicted as a direct result of making a report of it.

o GinA expressly asked the City of Augusta City Council, its mayor and

other agents to take proactive steps to remedy the oil leak and prevent

the illegal eviction from 239 Cony Street, Unit 2.

o On February 28, 2012, GinA was served by sheriff with an illegal Writ

of Possession issued by Augusta District Court.

o GinA took the writ of possession to the Kennebec Journal and asked

Betty Adams to help GinA to remedy the active oil leak that was

poisoning the neighborhood and to help prevent GinA‟s illegal eviction.

o Betty Adams and the Kennebec Journal declined to help GinA in any

way. (See https://www.youtube.com/watch?v=EEtKKWbxlQ4)

o GinA was homeless from March 3, 2012 until January 13, 2013 when

she moved into 3 Washington Street Place, Augusta.

o July 9, 2012, KJ article “Courthouse expansion has Tuesday hearing”


https://www.youtube.com/watch?v=EEtKKWbxlQ4https://www.youtube.com/watch?v=EEtKKWbxlQ4https://www.youtube.com/watch?v=EEtKKWbxlQ4https://www.youtube.com/watch?v=EEtKKWbxlQ4


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―The [Planning] board‘s approval would give the proposed

[courthouse] project green light to proceed pending a zoning change

which is up for public hearing by City Council at its July 19

meeting….The zone was changed several years ago to business professional to accommodate a courthouse expansion.‖

o August 20, 2012, KJ article “Augusta courthouse work promises traffic

disruptions”

―A judge, the project manager and the court construction overseer

roughed out a construction schedule and its effect at a meeting last

week for judges, lawyers, clerks and others who work in the county-

owned courthouse at Winthrop and State Streets.‖

―…vibration and noise from construction will affect both operational

and administrative functions…the delivery of justice will clearly be

impacted during those high-noise periods‖ ~ Superior Court C.J.

Thomas Humphrey

o September 26, 2012, KJ article “Courthouse construction noise drives

trial from Augusta to quieter Farmington”

―…[Judge Michaela] Murphy had to repeat herself several times…‖

o On January 13, 2013, GinA moved into 3 Washington Street Place

with a belief GinA was renting a single room in a legal rooming house.

o On or about January 18, 2013, GinA made her first complaint for theft

and violence to Ray Corporation by GinA‟s roommate Tyler Robinson.

o Bernice Ray, Rob Ray, Matt Ray, Justin Ray, and “Cody” Degraf all

conspired with Tyler Robinson because he ―pays rent like clockwork.‖

o None of Ray Corporation agents or employees took any steps to stop or

prohibit Tyler Robinson‟s daily theft, violence and extreme aggression.

o January 26, 2013, KJ article, “Court construction project‟s neighbors

endure noise, shaking with good humor”

―The front porch of the apartment building at 32 Court St. offers a

great view of the construction site of a new courthouse bordered by



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Winthrop, Perham and Court Streets. The tenants in the seven-unit

building, and other nearby households, get to hear and feel the

construction, as well. They rock to the rhythm of 276 piles being

pounded into bedrock…They hear the beep, beep, beep of thetrucks…Work begins at 7a.m. and ends at 5p.m…‖

―I don‘t have to set my alarm clock any more in the morning,‖ said

Rep. Matt Pouliot, R-Augusta, who lives on Winthrop Court, within

sight of the project. Pouliot is on the city‘s Planning Board and saw

the project proposal in its initial stages.‖

―…the constant racket has gotten to Shannon Perkins, who has lived

in an apartment at 32 Court St. for about a year. It‘s insanely noisy,

she said, which is a particular problem during her children‘s nap

time.‖

―Scott Theriault…took a more philosophical approach…‖We all

pretty much know there‘s nothing we can do about it…‖

―Gregory Roy, owner of 32 Court St, and a Realtor affiliated with the

Maine Real Estate Network, said the fallout from the courthouse

construction has done some damage to … the occupants‘ psyche. ‗I

believe it may have resulted in some unhappy tenants… It‘s easy

enough to find new tenants; it‘s just making the living conditions

unhappy‘…‖

―Some $62 million in bonds were authorized to pay for the Augusta

courthouse… ‗It‘s coming in under budget, and on target to be under

budget, [Philip] Johnston said.‖

o In March 2013, City of Augusta Code Enforcement shut down 32 Court

Street for code violations.

o In April 2013, City of Augusta Code Enforcement sent an official letter

to Ray Corp regarding unsafe conditions at 1 & 3 Jefferson Street.

o On June 1, 2013, GinA casually created MAINE TENANTS JUSTICE

LEAGUE, Inc. for the purpose of educating tenants and landlords



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about their legal rights and responsibilities to each other, to connect

them with public legal resources and to provoke legislative changes.

o On June 3, 2013, GinA emailed a Notice of Claim to Ray Corporation

for the injuries and other violations which were occurring at 3Washington Street Place, Augusta.

o On June 3, 2013, 11:20am, an official public email was sent from

Detective Sergeant Matthew Clark to City of Augusta “All_Police”,

―This morning a [sic] received a call from Gina Turcotte. She and

several other tenants at 3 Washington Street Place, [sic] are very

upset that Scott Andrews (a registered sex offender) moved in the

building over the weekend... She has voiced her plans to make life

difficult for the landlord, as well as Andrews. I have cautioned her

about harassment, and told her to try and work things out with the

landlord. After taking [sic] with her, I believe that she understands

our legal limitations here. FYI, in the event that we get called there

to deal with an issue there. [sic] I have drawn a call number

detailing her complaint so we have it on file.

***One thing of interest with Turcotte is that she has tried using the

Sovereign citizen standing with us in the past and is now looking

for each and every law she can use to get Andrews out of her home.

Double standards?‖

o On June 3, 2013, 12:44pm, Chief Robert Gregoire sent an email to

William Bridgeo, ―FYI, If you don‘t remember M s. Tourcotte [sic] I can

refresh your memory.‖

o

June 3, 2013, 2:02pm, William Bridgeo sent an email to Chief Robert

Gregoire, ―No refresher required…..‖

o On June 7, 2013, GinA made an official report to Code Enforcement

regarding the illegal rooming house at 3 Washington Street Place

which provoked Rob Overton to conduct an immediate inspection.



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o On June 7, 2013, 11:53am, Code Enforcement sent an email to Ray

Corporation, ―It appears that you are renting this building as a

rooming house…This building is not permitted by the city to be used as

a rooming house.‖ o On June 7, 2013, 4:58pm Matt Nazar sent an email to William

Bridgeo, ―Ms. Turcotte is the woman we spoke with at a Cony Street

address last year.‖

o On June 16, 2013, 12:13am GinA sent an email to Robert Overton,

―We are all on the verge of homelessness if Ray Corporation

buildings are shut down. And we are all living in these buildings

because we have no other place to go.‖

―I am here because of Royce Watson‘s illegal and retaliatory

actions…‖

―There are many people who will certainly end up on the street if

Ray Corporation wiggles out of their responsibility on the heels of

their criminality. I am hoping that your office will support our

efforts to find safe housing without causing each of us undue

financial hardship above and beyond the injuries the landlord has

already caused us.‖

o On June 19, 2013, 10:43pm, GinA sent email to Robert Overton,

―…Ray Corporation has not respected…your order to cease and desist

renting their Augusta buildings as rooming houses, as evidenced by

them RENEWING their craigslist ad on June 18 at 9:09am, which you

can find here: http://maine.craigslist.org/roo/3878356274.html‖

o On June 20, 2013, Ray Corp. filed an F.E.D. complaint against GinA.

(See AUGDC-SA-2013-332)

o On June 25, 2013, Robert Overton, City of Augusta Fire Department

and Rob Ray of the Ray Corp conducted a full building inspection of 3

Washington Street Place.



24/69


o On July 9, 2013, Robert Overton of the City of Augusta Office of Code

Enforcement issued Ray Corporation an official violation notice with

10 serious life-threatening violations including occupants living in 3rd

floor units without any 2nd

emergency exit or egress windows.o On July 19, 2013, 4:55pm, GinA sent an email to Robert Overton,

―Today (Saturday) at 1p, RAY CORPORATION (Cody) showed up on

the property to show Unit 4 to a prospective tenant. I confronted Cody

with the code enforcement letter and asked him to read it which he

refused to do.‖

o On July 21, 2013, Augusta District court held an illegal F.E.D. hearing

in AUGDC-SA-13-332 issuing a judgment of forcible entry and

detainer against GinA despite City of Augusta Code Enforcement just

issuing an official notice of over-capacity with other serious violations.

o On July 22, 2013, 4:18pm, GinA sent an email to Robert Overton, ―I

have been told by the tenants on the 3 rd floor (front) that they have been

told by Ray Corp. that they do NOT need to move out and that

‗everything is ok‘. FYI.‖

o On July 31, 2013, 10:10am, Robert Overton sent an email to Rob Ray

regarding 3 Washington Street Place, ―I spoke with an Augusta Police

Officer yesterday…They want me to put an end to your buildings being

used as rooming houses…‖

o On August 26, 2013, 3:48pm, GinA sent an email to Robert Overton

and Ray Corporation, ―Attached is a picture of a new hole in the porch

of Unit 1 which occurred today as a result of my stepping too hard on

the rotting board on my porch and which broke through with very little

effort.‖

o On August 29, 2013, 10:16am, William Bridgeo sent an email to

Council, All_City_Department_Directors, All_City_Bureau_Heads, ―It‘s

clear that the entire topic of our city‘s substandard rental housing stock

must be discussed by Council this fall…‖



25/69


o On August 29, 2013, 7:46pm, Cheryl Clukey sent an email to William

Bridgeo, ―I‘m happy to hear that the council will address the

substandard housing in Augusta and will work to propose new

ordinances to eliminate these shameful housing situation [sic]. I havebeen in a few and I do not understand how they pass city code. The

large one on North St. in my neighborhood is a disgrace. Thanks,

Cheryl Clukey‖

o On September 10, 2013, 1:02pm Robert Overton sent an email to GinA

with a forwarded message dated September 4, 2013, 4:01pm from

Robert Overton to Ray Corporation re: 1 & 3 Jefferson Street and 3

Washington Street Place, ―…I received a call from a concerned tenant

that recently signed a lease with you. They were told that vacant units

were ordered to not be occupied until they conformed with minimum

standards.‖

o On September __ 2013, William Stokes gave approval as Deputy AG

for Tracy Thompson‟s to conduct a formal criminal investigation about

GinA ‟s legal advocacy work with MAINE TENANTS JUSTICE

LEAGUE, Inc.

o On or about September 19, 2013, Tracy Thompson called and asked

GinA for legal advice. (See https://www.youtube.com/watch?v=wnNg2-

Px6Uo )

o On September 27, 2013, 10:28am, Jim Osier sent an email to Keith

Luke refusing to sell his home at 13 Perham Street, Augusta for the

courthouse parking lot ―My property is not for sale and I will not allow

an appraisal of it!‖

o

On October 2, 2013 3:11pm, Keith Luke sent an email to Jim Osier, ―I

appreciate that this is a difficult situation, which is one of the reasons

that the city (and not the state) has taken the lead on negotiations [sic]

Perham Street homeowners.‖


https://www.youtube.com/watch?v=wnNg2-Px6Uohttps://www.youtube.com/watch?v=wnNg2-Px6Uohttps://www.youtube.com/watch?v=wnNg2-Px6Uohttps://www.youtube.com/watch?v=wnNg2-Px6Uohttps://www.youtube.com/watch?v=wnNg2-Px6Uohttps://www.youtube.com/watch?v=wnNg2-Px6Uo


26/69


o On October 2, 2013, David Pare‟ sent a public defamatory email to Rob

Overton at City of Augusta Code Enforcement office alleging GinA was

giving “free legal advice”:

―Your buddy Gina is back at it again. She is now giving free legal

advice! I think I‘m going to use her for my next eviction. If she

put this much effort toward an actual career, she could be

wealthy. ‗I called Gina Turcotte.‘ ‗Let‘s settle this one.‘

www.mainetenants.org ‖ (See June 18, 2014 email from GinA to

Rob Overton)

o On October 4, 2013, Rob Ray shut off the hot water supply to the entire

building at 3 Washington Street Place padlocking the basement door to

try to prevent any tenants from making entry to turn it back on.

o On October 7, 2013, Rob Ray, Matt Ray and their agents physically

moved all tenants, except for GinA, out of 3 Washington Street Place.

o Ray Corporation relocated all tenants at 3 Washington Street Place,

except for GinA, to other locations at Ray Corporation‟s expense.

o On October 8, 2013, Rob Ray, Matt Ray, Justin Ray and “Cody” Degraf

boarded up every window and door except for GinA‟s personal windows

and entry door at 3 Washington Street Place.

o On October 11, 2013, 3:33pm, William Bridgeo sent an email to Matt

Nazar, ―Lon called me this afternoon. He told me he has someone who is

interested in Lon building an office building on the old Y site for lease.

Lon would like to have his brother David meet with us next week to

discuss the matter (zoning issues, etc)…‖

o On October 14, 2013, GinA was served with a writ of possession for 3

Washington Street Place.

o On October 18, 2013, 2:28pm, Robert Overton sent an email to City of

Augusta Police Major Jared Mills, ―In the last few weeks, we‘ve been

working to get the tenants out of 3 Washington Street Place. As of today

the only occupant of the building is Gina Turcotte. We didn‘t push too

hard to get her out due to the fact that she is about to be evicted.‖



27/69


o City of Augusta public records for October 2013 show, ― The houses [on

Perham and 32 Court Street] have been appraised at $38,000, $50,000,

$85,000 and $110,000 for a total of $283,000. The City wants to help

resolve the parking issue with the new courthouse since it fought sohard to keep it downtown. The best solution would be to purchase the 4

properties and build a parking lot for at least 100 spaces.‖ (See FOAA

Response 001385)

o On October 30, 2013, Matt Nazar sent an email to Lon Walters and

William Bridgeo, ―Several members, including one that lives no more

than 50 feet from the Old Y property, spoke very favorably about the

possibility of redevelopment…‖

o On October 30, 2013, 5:13pm, Lon Walters sent an email to Matt

Nazar, ―Matt, please pass along to the planning board members,

especially the person with big concerns, that they are all welcome to

have the building design they think best for the site. Just make the

check in the amount of $1m.‖

o On November 21, 2013, GinA testified at City of Augusta Council

meeting. (See https://www.youtube.com/watch?v=WcXHB6-L7os )

o On December 31, 2013, Kennebec Journal published GinA‟s letter to

the Editor as the Founder of MAINE TENANTS JUSTICE LEAGUE,

Inc. expressing her desire to work with the City of Augusta, landlords

and tenants to help fix the low income housing crisis.

o On January 03, 2014, 5:36pm, GinA sent an email to Major Jared

Mills, Sgt. Chris Shaw, et al:

Dear Sgt. Shaw and Major Mills:

Now that I have properly disposed of the frivolous retaliatory OAS and

other criminal charges from February 16, 2012 with a full dismissal, I can

now turn my attention back to the aggressive, unprofessional and

unconstitutional incident with Ofc. Peter Cloutier from January 18, 2012.

I strongly believe these two incidents are directly correlated, with the

OAS arrest and subsequent court action being retaliation for my recording

and reporting Ofc. Cloutier's unprofessional conduct and publicizing it for


https://www.youtube.com/watch?v=WcXHB6-L7oshttps://www.youtube.com/watch?v=WcXHB6-L7oshttps://www.youtube.com/watch?v=WcXHB6-L7oshttps://www.youtube.com/watch?v=WcXHB6-L7os


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the world to see on YouTube (which currently has more than 1800 views).

https://www.youtube.com/watch?v=w9pS5cEUorI

After I had an hour-long investigative meeting with Sgt. Shaw on

January 25, 2012

http://peacivids.peacivist.org/video/XXBSDB7Y1397/Augusta-Police-

Internal-Investigation-Sgt-Shaw-Jan-25-2012 , Major Mills sent me an

email on February 21, 2012, at 2:45pm which is restated below:

Gina,

On January 18th 2012, Officers Cloutier and Drouin met with you in

response to a complaint they received from your neighbor. During the

course of their investigation Officer Cloutier began to question you in

reference to the odor of marijuana he believed he smelled coming from your

apartment. You filed a complaint with the Chief of Police in regards

Officer Cloutier's behavior during this incident. Sergeant Shawinvestigated the incident and determined that Officer Cloutier did in fact

act inappropriate in regards to his demeanor, and the way in

which he questioned you. Due to the fact that Officer Cloutier's

behavior was unprofessional, sanctions have been taken againsthim and his behavior has been corrected. I want to apologize on

behalf of Officer Cloutier and the Augusta Police Department for this

unfortunate situation you had to endure. Thank you for bringing this

incident to our attention, and please contact me if you have any issues with

the Augusta Police Department in the future. If you have any questions or

if you would like to discuss this situation in person or by telephone please

let me know and I will make myself available upon your request.

Major Jared Mills

Augusta Police Department

***Major Mills indicated "sanctions have been taken against [Ofc.

Peter Clouter] and his behavior has been corrected" but I was neverinformed of those specific sanctions or corrective actions. Additionally,

nobody at the Augusta Police Department has ever offered me any kind ofremedial compensation for " this unfortunate situation [I] had to

endure"...

I strongly believe this situation with Ofc. Cloutier was not only very

unfortunate, but it was also the cause which compelled Ofc. Christopher

Guay to stop me a month later on February 16, 2012 without probable

cause and only because he was familiar with my car and he knew I

recorded Ofc. Cloutier's illegal behavior. I believe Ofc. Guay and other

officers had seen the USDOT signs on my car during their regular patrols

along Cony Street because my car was always parked very close to theroad.

I lived at 239 Cony Street from January 25, 2010 until March 1, 2012.

Additionally, as a direct result of that frivolous and unconstitutional

traffic stop by Ofc. Guay on Feb. 16, 2012, I was physically assaulted by

Sgt. Shaw, Ofc. Guay and Ofc. Harris in their unlawful and unreasonably

forceful seizure of my car and my body, then imprisoning me for several


https://www.youtube.com/watch?v=w9pS5cEUorIhttps://www.youtube.com/watch?v=w9pS5cEUorIhttp://peacivids.peacivist.org/video/XXBSDB7Y1397/Augusta-Police-Internal-Investigation-Sgt-Shaw-Jan-25-2012http://peacivids.peacivist.org/video/XXBSDB7Y1397/Augusta-Police-Internal-Investigation-Sgt-Shaw-Jan-25-2012http://peacivids.peacivist.org/video/XXBSDB7Y1397/Augusta-Police-Internal-Investigation-Sgt-Shaw-Jan-25-2012http://peacivids.peacivist.org/video/XXBSDB7Y1397/Augusta-Police-Internal-Investigation-Sgt-Shaw-Jan-25-2012http://peacivids.peacivist.org/video/XXBSDB7Y1397/Augusta-Police-Internal-Investigation-Sgt-Shaw-Jan-25-2012https://www.youtube.com/watch?v=w9pS5cEUorI


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hours, not to mention the many injuries resulting from those actions which

have persisted ever since.

These are not just "unfortunate situations" which can be ignored; it

would be unwise to think these events have not impacted my life in very

significant ways for which the Augusta Police Dept. is directly

responsible...

All criminal charges from Feb. 16, 2012 were dismissed on December

18, 2013 by A.D.A. Joelle Pratt and Judge Murphy. I am now going to

challenge all civil traffic infractions from that date as well.

I strongly believe the aggressive criminal prosecution and the Augusta

Police Department's willful destruction of and refusal to provide video and

audio evidence of the arrest all resulted directly from my interactions with

Ofc. Peter Cloutier in January 2012.

I believe the other Augusta police officers are extremely unhappy I

recorded Ofc. Cloutier acting unlawfully and I am now being aggressively

targeted as a violent "sovereign citizen" (a misnomer).

I have personally read the Maine Criminal Justice Academy's 2011

mandatory training manual regarding "sovereign citizens" and I know all police officers are taught to believe and presume all "sovereign citizens" are

violent, gun-toting, deadly people suspected of carrying at least 1 gun and

1 sharp weapon at all times... also, the MCJA training manual indicates

"sovereign citizens" are considered to be "domestic terrorists" worthy of

heightened aggression and police action.

This type of stereotypical profiling violates my natural right to equal

protection, is unconstitutional, discriminatory, highly prejudicial and

directly causes all officers to act with unreasonable aggression against

peaceful people, as I believe happened to me on February 16, 2012 and

thereafter.

I strongly believe the formal education provided by MCJA and the

internal policies of the Augusta Police Department regarding "sovereigncitizens" have caused, and are continuing to cause an elevated risk of

unreasonably aggressive and unconstitutional behaviors by police officers

which is causing an elevated risk of physical, emotional and other types of

injury to peaceful people who are stopped or questioned without reasonable

suspicion or probable cause of committing a 'crime'.

I am extremely offended that I am being targeted by my public servants

who have sworn an oath to protect me simply because I assert my natural

rights as protected by the Maine Constitution and 17 MRSA §2931.

Unfortunately, it is now almost exactly 2 years after I was arrested by

your officers and I cannot even begin to express how severely my life has

been disrupted and injured by these unlawful, illegal and unconstitutionalactions.

My life has been seriously injured, my rights have been grossly

violated, my liberty consistently threatened, and being physically and

constructively imprisoned by not being able to transport myself or leave my

home without "supervision" (by a chauffeur) since early 2012. I was forced

to sell my car because of the effect these charges had on my ability to use or

financially maintain my car. I was forced by subsequent circumstances to

live in the armpit of Augusta's ghetto on Washington Street Place (so I



30/69


could afford my rent and walk to the store), my family relationships have

been directly injured as a result of these actions and my emotional, mental

and physical health has also seriously deteriorated as a direct result of not

being able to transport myself or take care of myself the way I did before

these frivolous charges were lodged against me.

I have already expressed in writing to the State, via email on December

17, 2013, that I consider these actions to rise to the level of malicious

prosecution and am prepared to seek my proper redemption through the

only avenue available - the court system.

But I am coming to you first.

I know the police department, as well as each police officer, are

required to maintain a bond or an insurance policy intended to resolve

these exact unfortunate situations.

I also know that "discretionary immunity" and "qualified immunity"does not apply when "(1) constitutional rights were violated, and (2)

those rights were so clearly established that reasonable [officers] would

have known that their specific actions transgressed those rights." Creamer

v. Sceviour, 652 A.2d 110, 113 (Me. 1995)I believe the incident from January 18, 2012 with Ofc. Peter Cloutier,

admonished by Major Mills' apology, evidently proves my "constitutional

rights were violated, and (2) those rights were so clearly established that

reasonable [officers] would have known that their specific actions

transgressed those rights."

Also, combining Major Mills' decision about the January 18, 2012

incident with the full dismissal of all criminal charges for the February

2012 OAS arrest, I believe there is solid evidence to prove the existence of a

direct correlation between both incidents from January and February

2012.

This is a very serious situation which must be resolved immediately,

appropriately and fairly. I am a reasonable woman willing to negotiate areasonable settlement, but the Augusta Police Department must first

decide if they are going to accept responsibility for the unfortunate actions

of their officers.

I did notice that Ofc. Peter Cloutier's name is no longer listed on your

website as a Patrol

Officer: http://www.augustamaine.gov/index.asp?Type=B_BASIC&SEC

={3D85517B-4BA1-47B0-80C8-491D45625A4C}&DE={F0682F3D-E592-

4EBD-A0BB-F47EB42F3287}

Does this obvious omission signify Ofc. Peter Cloutier has been

terminated from your employment and relieved of his police authority?

Please respond in writing within 7 business days with a request for ameeting or an offer of settlement.

Thank you for your priority attention to this matter.

In Peace,

GinA Turcotte

o On January 3, 2014, 7:04pm, Robert Gregoire sent an email to William

Bridgeo regarding GinA‟s January 3rd email: ―Let‘s discuss with Ralph


http://www.augustamaine.gov/index.asp?Type=B_BASIC&SEC=%7b3D85517B-4BA1-47B0-80C8-491D45625A4C%7d&DE=%7bF0682F3D-E592-4EBD-A0BB-F47EB42F3287%7dhttp://www.augustamaine.gov/index.asp?Type=B_BASIC&SEC=%7b3D85517B-4BA1-47B0-80C8-491D45625A4C%7d&DE=%7bF0682F3D-E592-4EBD-A0BB-F47EB42F3287%7dhttp://www.augustamaine.gov/index.asp?Type=B_BASIC&SEC=%7b3D85517B-4BA1-47B0-80C8-491D45625A4C%7d&DE=%7bF0682F3D-E592-4EBD-A0BB-F47EB42F3287%7dhttp://www.augustamaine.gov/index.asp?Type=B_BASIC&SEC=%7b3D85517B-4BA1-47B0-80C8-491D45625A4C%7d&DE=%7bF0682F3D-E592-4EBD-A0BB-F47EB42F3287%7dhttp://www.augustamaine.gov/index.asp?Type=B_BASIC&SEC=%7b3D85517B-4BA1-47B0-80C8-491D45625A4C%7d&DE=%7bF0682F3D-E592-4EBD-A0BB-F47EB42F3287%7dhttp://www.augustamaine.gov/index.asp?Type=B_BASIC&SEC=%7b3D85517B-4BA1-47B0-80C8-491D45625A4C%7d&DE=%7bF0682F3D-E592-4EBD-A0BB-F47EB42F3287%7dhttp://www.augustamaine.gov/index.asp?Type=B_BASIC&SEC=%7b3D85517B-4BA1-47B0-80C8-491D45625A4C%7d&DE=%7bF0682F3D-E592-4EBD-A0BB-F47EB42F3287%7d


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on Monday. (we will likely refer to our liability insurance carrier and

then review with the City Attorney) BB‖

o On January 8, 2014, 9:27am, GinA responded to Greg Roy‟s internet ad

via email for 32 Court Street, “Apartment for Rent” which was postedat http://maine.craigslist.org/apa/4271456825.html (now deleted)

o On January 11, 2014, GinA viewed Unit 1, 32 Court Street with Tim

Cason at which time they observed several red City of Augusta Code

Enforcement signs on all doors indicating the house was “unfit for

occupancy”.

o GinA told Greg Roy she was disabled receiving monthly social security

disability benefits, that she had special housing needs and that she

had two well-trained service (emotional therapy) animals (cats).

o Greg Roy demanded six good housing references from GinA.

o On January 13, 2014, GinA sent an email to Robert Overton of City of

Augusta Code Enforcement:

― I went and looked at an apt. at 32 Court Street today. The

building is owned by Greg Roy. He said one of the 2 bdrm units

is just about ready to be rented after he gets your approval. He

asked me to give him 6 references so I gave him your name as one

of them and explained that 3 Washington Street Place was undercity orders to close because it was being used as an illegal

rooming house, among other problems. I know you cannot give an

‗official reference‘ for me but you can offer your personal opinion

of my character. I explained to Greg [Roy] that my interaction

with you has stemmed from my housing fiasco over the last 2 yrs

but mostly from the past year of my living at Washington Street

Place.‖

o On January 13, 2014, 10:58am, Robert Overton sent an email to GinA,

responding to her request for a reference to live at 32 Court Street,

―Gina, I will gladly tell Mr. Roy that I believe that you are a good tenant and that you keep your apartment in great condition.

I have to answer his questions honestly, but will offer no more

than what he requests – not that I would have anything negative

to report. Rob.‖



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o On January 17, 2014, GinA sent an email and made a phone call to

Robert Overton at City of Augusta Code Enforcement office,

―I left a message on your voicemail that Greg is waiting to hear

back from you asap…he wont [sic] rent me the apt. until he gets

your approval… I gotta get outta where I‘m living BEFORE1/22… HOPEFULLY THIS WEEKEND…‖

o On January 17, 2014, 2:15pm, Robert Overton sent an email to GinA,

―Just spoke with Mr. Roy. Have a great weekend!‖

o Nobody told GinA that 32 Court Street was under negotiations to be

sold to the City of Augusta on behalf of the State of Maine Judicial

Branch before the end of the year 2014.

o Greg Roy told GinA he was going to eventually convert the second floor

efficiency units to small legal offices to benefit from the courthouse.

o On January 22, 2014, GinA moved into Unit 1, 32 Court Street under

an “at will” lease despite repeatedly requesting a very long term lease.

o On January 22, 2014, Maine Municipal Association denied GinA‟s

Claim #212P3814 for the January 18, 2012 incident with Ofc. Cloutier.

o On February 9, 2014, KJ article “Houses behind jail eyed for Augusta

courthouse parking”

―As a new four-story courthouse takes shape on Winthrop Street‘s lowerhill, overlooking downtown, efforts are underway to secure more

parking spaces for people who will use the justice center. So far, the

focus is on a block of four buildings, most of them more than a century

old, that form a residential island along Perham Street. The buildings

include an apartment house at 32 Court St. that had been for sale

previously, a two-family house at 19-21 Perham St. and single-family

homes at 13 and 15 Perham St…

The city Planning Board required more parking than the 93 spaces in

the court system‘s original proposal to avoid having courthouse

parking spill over into neighborhood streets.

Maine Supreme Judicial Court Associate Justice Joseph Jabar and

Augusta City Manager William Bridgeo said establishing parking atthe Perham Street properties would be ideal and would allow for 87

more spaces for people using the new building.

―We‘re trying to really make it more user-friendly by establishing a

parking lot behind the jail and next to the courthouse,‖ Jabar said.

―That‘s a perfect spot. That would add over 80 parking spaces so people

won‘t have to walk up the hill.‖



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Parking on Perham Street would be about on the same level as the

building‘s main entrance.

However, he said those planning the courthouse realize that people are

living in those houses. ―We‘re trying to negotiate a fair price for them,‖

Jabar said.

Bridgeo said a number of entities have worked cooperatively on the

courthouse project and related parking, including the county and the

Augusta Parking District.

―There‘s no discussion of anything other than attempting to negotiate

voluntary sales of these properties,‖ Bridgeo said. ―What we‘ve done so

far is the city accepted responsibility to secure appraisals of four

parcels to be paid out of the courthouse project.‖

He said negotiations then would take place with the property owners to

see if they can agree on a price.

―They‘ve all expressed a willingness to talk to us,‖ Bridgeo said, adding

that the negotiations would be confidential.

In the meantime, the building project has reached the halfway stage…‖

o

On February 12, 2014, 5:47am, GinA sent an email to Betty Adams

regarding their February 9th article,

Responding to your article published on 2/9 titled, "Houses behind jail

eyed for Augusta courthouse parking", I must offer my input since

apparently none of our city councilors are thinking about the most vital

issue our city is facing lately - LACK OF SAFE, LOW INCOME

RESIDENTIAL HOUSING!

How can our public officials even entertain any idea of demolishing

more residential homes to make way for a parking lot without

comparatively replacing those dwelling units when there is a perfect

location for that parking lot or another parking garage on the old

YMCA building site at the corner of Winthrop and State Streets. That

parking garage can be connected to the old or new courthouses by a

catwalk or an underground tunnel, both which already exist in our

local government structures.

Did I mention this property is already cleared and ready for

construction and would save HUGE AMOUNTS of money for this

project's bottom line? There are no buildings to purchase, no people to

relocate, no structures to raze and no cleaning to perform... All that is

needed is for the city to purchase the property or exercise eminent

domain over that property for the greater good of the public, if

necessary, which they are likely to do on Court/Perham Street if push

comes to shove. And why was this tiny detail not decided and finalized BEFORE they

broke ground on the new courthouse?

I moved into 32 Court Street 2 weeks ago because the location and rent

are perfect for my needs and the owner who, in my opinion is one of the

best landlord's in the city, has been renovating the building for the past

year.



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build an unnecessary parking lot which will only be utilized 40 hours

per week !!

Please notify me of all hearings and meetings regarding this project so

I may have an opportunity to address the council and other interested

parties.

Thank you.

GinA Turcotte

Founder and President

MAINE TENANTS JUSTICE LEAGUE

32 Court Street, Apt 1

Augusta

207.358.8887

o On February 14, 2014, GinA sent an email to Greg Roy regarding the

KJ article, ― Hi Greg! I'm forwarding both emails to the city council

and the KJ about razing this block. I think we both need to go raise

some hell at the next city council meeting ! ‖

o On February 16, 2014, KJ article “Augusta Housing Authority leader

wants to help renters”,

―The new leader of the Augusta Housing Authority wants the

organization to take a more aggressive role in addressing what

she describes as the near-crisis level lack of affordable, safe

housing in the city. Over the last year, 65 housing units were lost

in Augusta, some to fires, but most were shut down by the city for

safety code violations found in some of the aging rental housing

stock…

That has tightened up the availability of rental housingin Augusta. ‗We‘re at a near-crisis situation in this community

right now,‘ said Amanda Bartlett, executive director of the

Augusta Housing Authority. ‗With me coming on board, it seems

like a good time to look at expanding our role, so we‘re not just

doing vouchers. This is an opportunity for us to address a need in

the community. I think the time is right to do something.‘…

Bartlett said the authority already has an arm created

specifically for real estate development, the Augusta Housing

Service Corporation, but that entity has never really been active.

She said the nonprofit corporation has about $307,000 in funds

set aside for real estate development.‖

o On February 17, 2014, GinA sent an email to City of Augusta, William

Stokes, William Bridgeo and Greg Roy, about the courthouse project,

―Please notify me of all meetings and hearings regarding razing

the Perham/Court Street block so I may be present to testify.‖



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1:16-cv-00100-NT GinA v. City of Augusta et al, Amended Complaint Pag

Gina v City of Augusta Amended Complaint 42 Usc 3601 Filed

Documents

Transcript of Gina v City of Augusta Amended Complaint 42 Usc 3601 Filed