.UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MISSOURI SOUTHERN DIVISION Filed 12:45 July 21, 2004 CIVIL COMPLAINT Martin 'Mad Dog' Lindstedt, ) Republican Candidate for Governor ) of Missouri, ) Enter above the full name of ) Plaintiff or Plaintiffs in ) this action ) ) vs. ) CASE NO. 04-5062-CV-SW-WAK ) Matt 'Runt' Blunt, ) Secretary of State & Chief ) Election Official of Missouri, ) and Rival Republican Candidate ) for Governor of Missouri. ) Enter above the full name ) of Defendant or Defendants in ) this action ) I. Parties to this Civil Action (In item A below, place your name in the first blank and place your present address in the second blank. Do the same for additional plaintiffs, if any, on back side of this sheet.) A. Name of Plaintiff Martin 'Mad Dog' Lindstedt Address 338 Rabbit Track Road, Granby, Missouri 64844. (In item B below, place the full name of the defendant in the first blank, his official position in the second adding word blank, and his place of employment in the third blank. Use item C for the names, positions, and places of employment of any additional defendants.) B. Defendant, Matt 'Runt' Blunt is employed as: Missouri Secretary of State & Chief Election Officer at the Missouri State Capitol Building in Jefferson City Missouri. C. Additional Defendants -- None II. Statement of Claim (State here as briefly as possible the facts of your claim. Describe how each named defendants is involved. Include the names of other persons involved, dates, and places. Do not give any legal arguments or cite any cases or statutes. If you intend to allege a number of related claims, number and set forth each claim in a separate paragraph. [Use as much space as you need to state the facts. Attach extra sheets if necessary.] Unrelated separate claims should be raised in separate civil actions.) In 2002, Plaintiff filed to run as a Republican Candidate for U.S. Senate against Jim Talent and wanted to file as Martin 'Mad Dog' Lindstedt. Defendant Matt Blunt, then Secretary of State, had his underling and Counsel, Terry Jarrett, refuse to allow Plaintiff to run with that nickname. Also, Defendant's office refused to post Plaintiff's campaign web site on the list of official candidates as well. Figuring out that Defendant would apply the same modius operandi in 2004, Plaintiff got on the Newton County and municipal ballots as Martin 'Mad Dog' Lindstedt in 2002, 2003, and early 2004, to prove-up his 'right' to the nickname and decided to run against Defendant for Governor on the Republican ballot in 2004 and see if Defendant would again violate his Office as Secretary of State and Chief Election Official of Missouri this time to directly benefit himself. Plaintiff again filed, or tried to, as Martin 'Mad Dog' Lindstedt, on March 10, 2004 and again this time was denied, but told that the matter would be under review by Betsy Byers, one of Defendant's subordinates. Also, Plaintiff signed the form naming his campaign web site, www.martinlindstedt.org for the Secretary of State to post on the Official Candidates Listing on the Missouri Secretary of State's official web page. Plaintiff waited, although Plaintiff was sure that Defendant would again abuse his position of trust to benefit himself, and at the Missouri Press Association meeting on June 5, 2004 at Lake Ozark Missouri Plaintiff confronted Defendant with the paperwork from 2002 and the filing paperwork and acknowledgment from the Missouri Ethics Commission of Plaintiff's nickname. Defendant doodled on the paperwork while Plaintiff confronted him in debate, then after the meeting got up and ran from the room leaving the paperwork behind. On July 9, 2004 Plaintiff sent Defendant a letter demanding that Defendant grant Plaintiff his nickname on the ballot and post Plaintiff's web page. Silence. Then on June 24, 2004 Plaintiff filed a complaint to the Missouri Ethics Commission (MEC) concerning Defendant using his position as Secretary of State and Chief Election Official to curtail public knowledge of Plaintiff's candidacy. On June 29, 2004, Michael C. Reid returned Plaintiff's Complaint, claimed a lack of jurisdiction, and suggested contacting an attorney to pursue other legal action elsewhere. However, after July 5, 2004 Defendant, having received from Plaintiff a copy of the MEC complaint, put up a new campaign web page from Republican Candidate Jeff Killian, but still refused to post Plaintiff's long- standing web page. On July 7, 2004, Plaintiff inquired of Kay Baum, Newton County Clerk, whether the ballots at the county level could be changed to reflect Plaintiff's nickname. On July 8, 2004, this Chief County Election Official said that the ballots had already been printed and that she had no discretion to change the 'Official Certification' by Defendant. Therefore, since this is a continuing line of abuses by Defendant against Plaintiff's civil rights, and neither reason nor administrative action at the state level has corrected these abuses, Plaintiff hereby files this federal lawsuit. III. Relief State briefly exactly what you want the Court to do for you. Make no legal arguments. Cite no cases or statutes. Plaintiff asks that the punishment fit the crime. Since it is too late and too costly at the public expense to correct the ballots and place Plaintiff's web page on the Official List of Candidates, Plaintiff requests that Defendant be punished by having his nickname of Matt 'Runt' Blunt be placed on the general election ballot if Defendant wins the Republican primary and that a link be placed to Plaintiff's web page on the Official Secretary of State web page concerning this lawsuit and Defendant's moral, mental and political shortcomings. This is not a demand for monitary damages but rather in the nature of injunctive and declaratory relief. IV. Do you claim the wrongs alleged in your complaint are continuing to occur at the present time? Yes. Plaintiff has received no satisfaction for this misconduct by Defendant. V. Do you claim actual or punitive monetary damages for the acts alleged in your complaint? No. Plaintiff asks only for declaratory and injunctive relief for Defendant's self-serving abuse of his powers. If you answered yes, state the amounts claimed and the reasons you claim you are entitled to recover money damages VI. Counsel Do you have an attorney to represent you in this civil action? No. A. Have you made any effort to contact a private attorney to determine if he or she would represent you in this civil action? No. B. If you answered yes, state the names and addresses of the attorneys contracted, and give the results of those efforts. C. If you answered no, state your reasons why no such efforts have been made. Plaintiff barely has $150 to pay for filing this case. That wouldn't buy an hour of lawyer time. Plus, this is an unusual case and Plaintiff hasn't ever heard of the like so why have a lawyer screw it up. VII. Administrative Procedures A. Have the claims which you make in this civil action been presented through any type of Administrative Procedure within any government agency? Yes. B. If you answered yes, state the date your claims were so presented, how they were presented, and the result of that procedure. As mentioned above, Plaintiff made a complaint to the Missouri Ethics Commission concerning Defendant as Secretary of State using his power of office and state resources to advance his political campaign for governor to the detriment and exclusion of Plaintiff's non-funded political campaign for the very same office of governor on June 24, 2004. The Missouri Ethics Commission claimed to lack jurisdiction to hear this matter and told me to look elsewhere for legal remedy on June 29, 2004. C. If you answered no, give the reasons, if any, why the claims made in this action have not been presented through Administrative Procedures. Signed this 21 day of July, 2004______________________________ Signature of Plaintiff or Plaintiffs VERIFICATION State of Missouri ) ) County of Greene ) Martin "Mad Dog" Lindstedt, being first duly sworn under oath, presents that he is the plaintiff in this action; that he knows the contents of the complaint; and that the information contained therein is true to the best of his knowledge and belief.
____________________________ Signature of Plaintiff or Plaintiffs All parties must verify SUBSCRIBED AND SWORN TO before me this 21 day of July, 2004 Notary Public Paula Millsap My Commission Expires June 23, 2006
Over to Martin 'Mad Dog' Lindstedt, Republican Candidate for Governor of Missouri -- 2004
Over to My Struggle -- The Rants of a Resistance Political Operative
Over to Thought for the Day
Over to Martin Lindstedt's CI Church & State WWW Page
Back to www.martinlindstedt.org or Patrick Henry On-Line