Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Free Republic LLC filed a Notice of Claim with the City of Fresno
Press Release Charles L. Doerksen, Attorney at Law | 09/22/03 | Jim Robinson

Posted on 09/22/2003 5:52:05 PM PDT by Jim Robinson

CHARLES L. DOERKSEN
ATTORNEY AT LAW
________________

ROWELL BUILDING
2100 Tulare Street, Suite 410
Fresno, California 93721
Telephone 559 233 3434
Facsimile 559 233 3939
E-mail doerksen@lightspeed.net

 

September 22, 2003

 

PRESS RELEASE

At 9:10 a.m. today, Free Republic LLC filed a Notice of Claim with the City of Fresno, arising from the Human Relations Commission’s news release of September 12, 2003, labeling it a "hate group." A copy of the Notice of Claim, without exhibits, is attached hereto.

The Notice of Claim, which is a legally required first step in filing a lawsuit against a public entity, puts the City of Fresno on notice that Free Republic LLC intends to file a lawsuit for defamation against (1) the City of Fresno, (2) the Human Relations Commission, and (3) Debbie Reyes, Chair of the Human Relations Commission.

Questions regarding this matter may be directed to this office, and additionally, Mr. Doerksen, as well as representatives of Free Republic LLC, can be made available in front of City Hall at 4:00 p.m., today, September 22, 2003, to answer questions if interest in this is expressed.

 

NOTICE OF CLAIM
(Government Code § 900, et seq.)

This claim is being presented pursuant to Government Code Section 900, et seq., Miller v. Hoagland (1966) 247 Cal.App.2d 57, 61-62 (filing claim as prerequisite for defamation action against public entity and its employees), and all pertinent code sections, statutes and laws of the State of California.

A. NAME AND ADDRESS OF THE CLAIMANT:

B. NAME AND ADDRESS OF PERSON TO WHOM CLAIMANT DESIRES

NOTICES TO BE SENT:

C. DATE, PLACE AND OTHER CIRCUMSTANCES GIVING RISE TO THE

CLAIM:

Claimant is an independent, grass-roots, conservative organization. Its purpose is to root out political fraud and corruption, to roll back decades of governmental largesse, and to champion causes which further conservatism in the United States of America.

This claim arises from defamatory oral statements and/or more permanent publications made by and/or disseminated by the City of Fresno, by and through its Human Relations Commission, and certain public employees and/or agents of the City of Fresno acting in the course and scope of their employment and/or agency, the identities of which are currently unknown (hereinafter, collectively the "City of Fresno"). Claimant is informed and believes, and thereon alleges, that the Human Relations Commission for the City of Fresno is composed of up to 17 members appointed by the City Council and the Mayor, and has a budget for the 2003 fiscal year estimated at $193,100. Each Council member appoints two members while the Mayor appoints three members. The specific identities of such public employees/agents are currently unknown, but are expected to include, at a minimum, Debbie Reyes, Chair, Human Relations Commission for the City of Fresno.

On or about September 12, 2003, the City of Fresno disseminated a News Release entitled, "Human Relations Commission News Release," a true and correct copy of which is attached hereto as Exhibit "A" and made a part hereof (hereinafter, the "Release"). The Release refers to claimant as "a hate group." In addition, the Release states: "This group has also planned a ‘Free Republic Hate Rally Picnic’ in District 6," and accuses claimant of making "threats of violence toward any minority groups that interfere with their rally or picnic." The Release constitutes a false and unprivileged fixed representation to the eye which exposes claimant to hatred, contempt, ridicule, or obloquy, causes it to be shunned or avoided, and has a tendency to injure claimant in its occupation, trade or business. In addition, the Release charges claimant with a crime in that it accuses claimant of making "threats of violence" towards minority groups.

Claimant is informed and believes, and thereon alleges, that the City of Fresno has made other false and unprivileged statements, either orally or by writing, printing, or other more permanent medium, which have exposed claimant to hatred, contempt, ridicule, or obloquy, and which have caused claimant to be shunned or avoided, and have injured it in its occupation, trade or business. (As used in this Notice of Claim, the term "Publication" shall hereinafter refer to the Release as well as to all other defamatory oral statements and/or more permanent publications made by and/or disseminated by the City of Fresno.)

D. CLAIMS FOR DAMAGES:

Defamation. The City of Fresno (previously defined to include the City of Fresno, and certain public employees and agents of the City of Fresno acting in the course and scope of their employment and/or agency, the identities of which are currently unknown), wrongly referred to claimant as "a hate group" and accused claimant of planning a "hate rally" and making "threats of violence toward any minority groups that interfere with their rally or picnic," notwithstanding the City of Fresno’s failure and inability to produce even a scintilla of competent evidentiary or legal support for such defamatory statements. True and correct copies of articles from The Fresno Bee, dated September 14 and 16, 2003, are attached hereto as Exhibit "B" and "C," respectively, and made a part hereof (hereinafter, the "Articles"). The Articles attribute statements to Mayor Autry that (1) there is no evidence that claimant is a hate group, (2) the Human Relations Commission is "using the City of Fresno as a tool to attack people without cause," (3) describing the Publications as "inflammatory, reckless, irresponsible and dangerous," and (4) explaining "the worst thing you can say is they’re a hate group." Furthermore, Debbie Reyes, Chair, Human Relations Commission for the City of Fresno, has admitted that her "proof" for making the Publications was not "solid." (See Fresno Bee article dated September 16, 2003.)

The Publications are false and unprivileged statements, either orally or by writing, printing, or other more permanent medium, which have exposed claimant to hatred, contempt, ridicule, or obloquy, and which have caused claimant to be shunned or avoided, and have injured it in its occupation, trade or business. As a result of the defamatory Publications, claimant is entitled to be compensated by the City of Fresno (and the responsible public employees/agents).

The Publications constitute defamation (i.e. libel and/or slander per se) based upon Civil Code Sections 45 and 46 (as well as other statutory and judicial authority):

    1. Libel. The California Legislature has defined libel as a "false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation to the eye, which exposes any person to hatred, contempt, ridicule, or obloquy, or which causes him to be shunned or avoided, or which has a tendency to injure him in his occupation." (Cal. Civ. Code § 45.)

    2. Slander. The California Legislature has defined slander as "a false and unprivileged publication, orally uttered, and also communications by radio or any mechanical or other means which: (1) Charges any person with crime, or with having been indicted, convicted, or punished for crime; … (3) Tends directly to injure him in respect to his office, profession, trade or business, either by imputing to him general disqualification in those respects which the office or other occupation peculiarly requires, or by imputing something with reference to his office, profession, trade, or business that has a natural tendency to lessen its profits." (Cal. Civ. Code § 46.)

E. AMOUNT OF CLAIM:

Claimant seeks general damages for loss of reputation, shame and mortification. Claimant seeks special damages with respect to damages it has suffered to its business, trade, profession or occupation. Finally, claimant requests exemplary damages for the sake of example and by way of punishing the responsible public employees/agents for making the defamatory Publications with actual malice. Claimant is informed and believes, and thereon alleges that the public employees/agents possessed a state of mind arising from the ill will toward the claimant, and did not have a good faith belief in the truth of the defamatory Publications. Accordingly, the acts of public employees were made with actual malice, and were fraudulent and justify the imposition of punitive damages.

Claimant’s damages are currently unknown, but are anticipated to be well in excess of $1,000,000, but regardless, are in excess of the minimal jurisdictional limits of an unlimited civil case.

F. WITNESSES/PUBLIC EMPLOYEE(S) CAUSING INJURY:

At this time, claimant believes that the following persons, in addition to its members (including but not limited to Jim Robinson), would have knowledge regarding the events of this claim and/or participated in the acts and/or omissions which caused the injury to claimant:

Dated: September ___, 2003



TOPICS: Activism/Chapters; Announcements; News/Current Events; US: California
KEYWORDS: banglist; cityoffresno; claim; debbiereyes; freerepublic; fresno; fresnosuit; hategroup; hrc
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 ... 701-710 next last
To: AppyPappy
My thought exactly. We all need to keep our eyes open and help them mods.
41 posted on 09/22/2003 6:02:41 PM PDT by DoughtyOne
[ Post Reply | Private Reply | To 34 | View Replies]

To: Jim Robinson
I am SO glad to see you do this. Good luck and keep us updated when you can.
42 posted on 09/22/2003 6:02:47 PM PDT by Peach (The Clintons have pardoned more terrorists than they ever captured or killed.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Jim Robinson; mhking; MeeknMing; RikaStrom
Give 'em hell Jim. Heck just tell them the truth and for them that will be hell!
43 posted on 09/22/2003 6:02:54 PM PDT by NeoCaveman (Wesley Clark is to Eisenhower, what a Yugo is to a Ferrari)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Jim Robinson; vikingchick
Kick A$$ Zing!
44 posted on 09/22/2003 6:03:41 PM PDT by BossLady (Punch Card Voting Since 1981.......and member of FreeRepublic....radical right wing hate group ;p)
[ Post Reply | Private Reply | To 37 | View Replies]

To: Jim Robinson
I said at the time that I thought you ought to sue 'em -- and I'm glad you are.
45 posted on 09/22/2003 6:03:42 PM PDT by Luke Skyfreeper
[ Post Reply | Private Reply | To 1 | View Replies]

To: Jim Robinson
Go get 'em.
46 posted on 09/22/2003 6:03:47 PM PDT by Maigrey (These (liberals) are the same people who think therapy will help the terrorists. -GWB, 9/23/03)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Jim Robinson
Excellent, Jim - We need to show the Left that we are NOT going to take it anymore. Enough is enough.
47 posted on 09/22/2003 6:06:15 PM PDT by Chad Fairbanks ("People never grow up, they just learn how to act in public." - Bryan White)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Jim Robinson
It has always interested me that the "party of tolerance" is NOT tolerant of conservatives and those with differing views.
48 posted on 09/22/2003 6:06:15 PM PDT by Peach (The Clintons have pardoned more terrorists than they ever captured or killed.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Jim Robinson
As I understand it, if employees of the City engage in criminal conduct they are exempt from civil service protections and can be held personally liable for their actions.

Is there any plan to go after Debbie Reyes?

AFAIK Alan Autry acted in an honorable manner. How do you think this lawsuit affects his political prospects?
49 posted on 09/22/2003 6:06:16 PM PDT by Carry_Okie (There are people in power who are truly evil.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: zip; Dogrobber; duffer; Prov3456; bogeyman; MoJo2001; Kathy in Alaska; make no mistake; TXBubba; ...
PING
50 posted on 09/22/2003 6:06:18 PM PDT by Trteamer (Eat Meat, Wear Fur, Own Guns, FReep Leftists, Drive an SUV, Drill A.N.W.R., Vote.)
[ Post Reply | Private Reply | To 38 | View Replies]

To: Jim Robinson
Excellent, Jim - We need to show the Left that we are NOT going to take it anymore. Enough is enough.
51 posted on 09/22/2003 6:06:18 PM PDT by Chad Fairbanks ("People never grow up, they just learn how to act in public." - Bryan White)
[ Post Reply | Private Reply | To 1 | View Replies]

To: zip; Dogrobber; duffer; Prov3456; bogeyman; MoJo2001; Kathy in Alaska; make no mistake; TXBubba; ...
PING
52 posted on 09/22/2003 6:06:20 PM PDT by Trteamer (Eat Meat, Wear Fur, Own Guns, FReep Leftists, Drive an SUV, Drill A.N.W.R., Vote.)
[ Post Reply | Private Reply | To 38 | View Replies]

To: Jim Robinson
Excellent!
53 posted on 09/22/2003 6:06:28 PM PDT by LibKill (Father Darwin has a sense of humor but no mercy whatsoever.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Jim Robinson
Very good move.
54 posted on 09/22/2003 6:07:05 PM PDT by Focault's Pendulum
[ Post Reply | Private Reply | To 1 | View Replies]

To: Jim Robinson
Good luck with the lawsuit, which is well merited. This is anything but a "hate group." In fact, it is the total opposite. As you know, I've been a member of Free Republic since the very beginning and over the years, I have seen you actively work to keep hate off this site. People who come here to make bigoted statements (and many of them are probably plants sent here to discredit us) are immediately tossed out and you have done a great job keeping that kind of stuff out of Free Republic. So it is a cruel injustice to have the City of Fresno spread such totally false allegations about this organization which has worked so hard to keep that element out, and has done a damn fine job in doing so, I might add. Let's hope that this is the last time that anybody dares to spread such malicious untruths about this organization.
55 posted on 09/22/2003 6:07:08 PM PDT by SamAdams76 (214.2 (-85.8) Homestretch to 200)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Jim Robinson
Way to go Jim! Thanks for fighting!
56 posted on 09/22/2003 6:07:13 PM PDT by sweetliberty ("Having the right to do a thing is not at all the same thing as being right in doing it.")
[ Post Reply | Private Reply | To 1 | View Replies]

To: dennisw; Cachelot; Yehuda; Nix 2; veronica; Catspaw; knighthawk; Alouette; Optimist; weikel; ...
If you'd like to be on or off this middle east/political ping list, please FR mail me.
57 posted on 09/22/2003 6:07:28 PM PDT by SJackson
[ Post Reply | Private Reply | To 1 | View Replies]

To: Jim Robinson
I am grateful you did this, and will send a small check to help with the legal expenses.
58 posted on 09/22/2003 6:07:29 PM PDT by patriciaruth
[ Post Reply | Private Reply | To 1 | View Replies]

To: Jim Robinson
Don't settle for less than, say, three years worth of Freepathon donations.
59 posted on 09/22/2003 6:07:38 PM PDT by ErnBatavia (Why do the Flag postage stamps peel off upside down..infiltrators?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Jim Robinson
Jim,

If this is a tree shaking, cage rattling bit of gamesmanship, then I'm all for it. However, if you're serious about suing the city of Fresno, then I'm disappointed. Ms. Reyes seems to have been spanked publicly pretty hard and all a lawsuit will do is cost the city and possibly cause some serious wagon circling. Don't get litigation fever my friend. We must have the high ground and really, what harm did that release do Free Republic?
60 posted on 09/22/2003 6:07:44 PM PDT by CanisRex (my .02)
[ Post Reply | Private Reply | To 11 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 ... 701-710 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson