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CM/ECF - District of Montana LIVE-CM/ECF - District of Montana LIVEhttps://ecf.mtd. uscourts.gov/doc 1/11111306573Case 9:13-cv-00075-DLC-JCL Document 1 Filed 04/18/13 Page lot 23IN THE UNITED STATES DISTRICT COURTFOR THE STATE OF MONTANAMISSOULA DIVISIONJASON CHRIST, Plaintiffv.State of Montana, Cityof Missoula PoliceDepartment, Office ofthe Public Defender,Detective Stacy Lear,Judge Karen Townsend,Missoula CountyDistrict AttorneysJennifer Clark andAndrew Paul,Defendants.ThecomplaintofJasonCOMPLAINT FOR DAMAGESAND EMERGENCYINJUNCTIVVE RELIEF UNDITITLE 42 U.S.C.A.SECTION 1983, ET SEQ,Christ,citizenof tUnited States and resident of Spokane, Washingtwith respect shows that:1.JasonChrist is a citizenofthe UnitedStateresiding in his car in Spokane, Washington.lofl4/18/2013 3:54 PM
w temp.plhttps://ecf.mtd.uscourts.gov/cgi-bin/show tenp.pl?file l 176246-0—7.Case 9:13-cv-00075-DLC-JCL Document 1 Filed 04/18/13 Page lot 23IN THE UNITED STATES DISTRICT COURTFOR THE STATE OF MONTANAMISSOULA DIVISIONJASON CHRIST, Plaintiffv.COMPLAINT FOR DAMAGESAND EMERGENCYINJUNCTIVVE RELIEF UNDERTITLE 42 U.S.C.A.SECTION 1983, ET SEQ,State of Montana, Cityof Missoula PoliceDepartment, Office ofthe Public Defender,Detective Stacy Lear,Judge Karen Townsend,Missoula CountyDistrict AttorneysJennifer Clark andAndrew ftheUnited States and resident of Spokane, Washingtonwith respect shows that:1.JasonChrist is a citizen ofthe UnitedStates,residing in his car in Spokane, Washington.Page 1 of 23Iof234/18/2013 3:57 PM
)w temp.plhttps://ecf.mtd.uscourts.gov/cgi-bin/show temp.pl?file l 176246-0—7.Case 9:13-cv-00075-DLC-JCL Document 1 Filed 04/18/13 Page 2 of 232.ThejurisdictionofthiscourtisconferredbyTitle 42 Section 1983 and 1988 of the United nJurisdictionis assertedfor137stateunderprovidinglawclaims.28 U.S.C.§ 1331because it raises a civil rights action against astate or local government employee or entity under42 U.S.C.§ 1983.Jurisdictionis alsoassertedunder 28 U.S.C. § 1332 because all the defendantslive in a different state than the plaintiff.3.Defendants are the State of Montana, the city ofMissoula,defender;Montana;thethe MissoulaofficeCityofPolicethepublicDepartment, apolitical subdivision of the State of Montana Lear,JudgeDistrictKarenAttorneysJennifer Clark and Andrew Paul.Page 2 of 232 of 234/18/2013 3:57 PM
w temp.plhttps://ecf.mtd.uscourts.gov/cgi-bin/show temp.pl?file 1176246-0—1.iCase 9:13-cv-00075-DLC-JCL Document 1 Filed 04/18/13 Page 3 of 234.In January 2011, Christ wascharged withFelonyIntimidation in State District court and assignedthe Office of the Public Defender ("OPD") to act asstand-by counsel at the end of 2011. Katie Green,esq., was first assigned to help Mr. Christ defendhimself, butwasshortly after she was assigned, shepressuredprovideasbylittleheremployerstime asatpossibletheOPDhelpingtoMr.Christ get ready for his case.5.The case went before a jury on October 24-26, 2012,and returned a hung jury. Mr. Christ esulted in a mistrial and Mr. Christ was set toappear in another jury trial on April 10-12, 2013.6.Page 3 of 233 of 234/18/2013 3:57 PM
iow temp.plhttps://ecf.mtd.uscourts.gov/cgi-bin/show temp.pl?file l 176246-0--7.Case 9:13-cv-00075-DLC-JCL Document 1 Filed 04/18/13 Page 4 of 23Inmid-2012,Mr.Christcomplainedaboutthetreatment he was receiving by the Missoula Policedepartment and asked to speak with a supervisor whocouldfieldhiscomplaintpursuanttotheMissoula city police policy regarding complaints bycitizens about law enforcement. This call resultedin charges being filed against Mr. Christ for usingtwo profaneblanketfromwordsrestrainingcontactingin a single phoneordertheprohibitingMissoulacall and aMr.CityChristPoliceDepartment, 911, or the records issoula City Prosecuting Attorney, it was added bythe court sua sponte, by the pro tern judge who hadbeen overturned in a prior matter by Mr. Christ. Itresultedinasevereandunwarrantedsanctionagainst him because he could not gain informationfor his Felony Intimidation case from the MissoulaPage 4 of234/18/2013 3:57 PM
ow temp.plhttps://ecf.mtd.uscourts.gov/cgi-bin/show temp.pr?file l 176246-0—7.VCase 9:13-cv-00075-DLC-JCL Document 1 Filed 04/18/13 Page 5 of 23Police Department, hampering his ability to preparefor both trials.8.Theregularjudgeliftedthe prohibitionagainstcontacting the Missoula City Police Department onMarch26th,2013,nearlyayearaftertherestriction was put in place'.9.The OPD attorneyrepresentingMr. Christin thatmatter, failed to appear on his behalf because hewasdirectedbyhis managertowithdrawalfromproviding him with services.10.This decision was not made in accordance with fpersonally,thebyPublicDavePage 5 of235 of 234/18/2013 3:57 PM
)w temp.plhttps://ecf.mtd.uscourts.gov/cgi-bin/show temp.pl?file l 176246-0—7.Case 9:13-cv-00075-DLC-JCLDocument 1 Filed 04/18/13 Page 6 of 23Stenerson,at the OPD, duemanagerto ffordanattorney. He has no income and has spent all of histime in the last 2 years trying to defend ct Court.12.In those last 2 years, Mr. Christ has been deniedanylegal help,whatsoever,and has worked veryhard to educate himself on criminal procedure, thelaws, the policies and the local rules. In 2011,when the OPD was assigned, Mr. Christ was told byJudge Townsend, that he would be able to enjoy s and help at trial - such as proceduralassistance with entering evidence, etc.Page 6 of 236 of 234/18/2013 3:57 PM
ow temp.pl»https://ecf.mtd.uscourts.gov/cgi-bin/show tenp.pl?file 1176246-0--7.Case 9:13-cv-00075-DLC-JCL Document 1 Filed 04/18/13 Page 7 of 2313.After the first trial in October 2012, Katie GreenChrist*sstandbycounsel,wentonmaternityleave, and did not return until March / April of2013.Thus,Mr.ChristwasLaFontaine, who had not beencase in over a year.assignedtoRussellin a districtcourtHe was unfamiliar with thelocal court rules and district court procedure. Mr.LaFontaine missedmissed deadlineshalf of hisandforgotcourtappearances,to call Mr.Christ.LaFontaine was representing Mr. Christ in the citycourtcaseandwashisstandbycounselinthefelony intimidation case.14.In 2013, at the secondintimidationcharges,jury trial on the felonyMr.Christwasprovidedaprinted policy from the OPD - for the first time outlining that standby counsel was not allowed toPage 7 of 237 of 234/18/2013 3:57 PM
ow temp.pl%htlps://ec m .mcourts.gov/cgi-bin/show temp.pl?file 1176246-0--7.Case 9:13-cv-00075-DLC-JCL Document 1 Filed 04/18/13 Page 8 of 23provide any legal advice, or any help whatsoever.This "policy" was new and specifically made for Mr.Christ- in orderto deny himthe right to anyassistance of counsel.15.The second jury trial was held on April 10th andllth,andwasscheduledtocontinueonFridaymorning, the 12th of April, 2013. On the first twodays, Mr. Christ was representing himself - ,Mr.Christhadalreadyimpeached the States' two key witnesses and was onthe way to the acquittal. He hecourtPage 8 of23of 234/18/2013 3:57 PM
w temp.plihttps://ecf.mtd.uscourts.gov/cgi-bin/show temp.pl?file l 176246-0—7.Case 9:13-cv-00075-DLC-JCL Document 1 Filed 04/18/13 Page 9 of 23recessed for the evening, with Mr. Christ's crossscheduled to continue the next morning.17.On Friday morning, Mr. Christ arrived at the courthouseonTownsend,time,andsetupthe prosecution,conversationaboutonehislaptop.and Mr.oftheJudgeChrist had aState'smissingwitnesses. This meeting was 3 minutes. The jury wasset to be called back in and Mr. Christ was readyto continue his cross examination of Lear.18.However, Judge Townsend had signed a search warrantpromotedbyDistrictAttorneysJenniferClark authorizingAndrewthe witnessPaulandDetectiveLear, to seize Mr. Christ's trial preparation. Thereasonwas based,upon Lear'sopinion,thatthenotes Mr. Christ was using at the lectern duringhis cross examination of the State's witnesses wasPage 9 of 239 of 234/18/2013 3:57 PM
w temp.pl*https://ecf.mtd.uscourts.gov/cgi-bin/show tenp.pl?file l 176246-0—7.Case 9:13-cv-00075-DLC-JCL Document 1 Filed 04/18/13 Page 10 of 23somehow indicative that Mr. Christ had recorded thealleged threat in 2010,that madeup thefelonyintimidation charges against him.19.Lear further believed that the search of all of theelectronics and papers that Mr. Christ brought tocourt, would 'yieldthat suspectedrecorded phonecall.20.So instead of applyingmovingfor discoveryto a different judge,sanctions,Judge Townsendor-the presiding judge - signed off on the ials - his work product, mental ng.Page 10 of 2310 of 234/18/2013 3:57 PM
ow w temp.pl?file l 176246-6—7.Case 9:13-cv-00075-DLC-JCL Document 1 Filed 04/18/13 Page 11 of 2321.Everything was taken from Mr. Christ. The State hadtwoyearstoinquireastowhetherornotMr.Christ had such a recording or a transcript of acall made 3 years earlier.22.There was no recording made on August 18th, 2010.Andthere wasnorecordingeverfoundwithMr.Christ - and the State's primary witnesses in thefelony intimidation case.23.The search warrant signed by the presidingjudgewas clear and stated that Lear could only look forthe audio file, it's relatedtranscript and filelistings, made on August 18th, 2010.24.Page 11 of 2311 of 234/18/2013 3:57 PM
w temp.plhttps://ecf.mtd.uscourts.gov/cgi-bin/show tenp.pl?file l 176246-0—7.vCase 9:13-cv-00075-DLC-JCL Document 1 Filed 04/18/13 Page 12 of 23The search warrant authorizedthe seizure of Mr.Christ's laptop that he had been using for the last2 days of trial, his backup hard drive, all of hissd cards and usb drives, his cell phone and hisCD's. The electronic media seized contained patientmedical records from his former medical office, hislaw library, all of his client's papers and legalstrategies, and all of Mr. Christ's own materials:Case preparation for the felony intimidation case,all of his materials(civilandstrategies,for all of his other ssions,recordingsofmeetings with his attorneys, and a vast amount ofotherinformation-soughttobe protectedandwhich should have been protected.25.Lear seized Mr. Christ's trial preparation papers.She seized his questions, notes, strategies, lists,arguments,impeachmentlists,demonstrativePage 12 of 2312 of 234/18/2013 3:57 PM
show temp.pr?fiie 1176246-0--7.Case 9:13-cv-00075-DLC-JCL Document 1 Filed 04/18/13 Page 13 of 23evidence, closing argument, as well as his index hewas using to refer to all of the evidence he wasusing to impeach.26.In short, the trial judge signed off on the adverseparty's unhinderedability to seizeand view Mr.Christ's entire case. He was the attorney on thecase - as he was self-represented.27.The Montana State Rules for Criminal Discovery werenot followed by the prosecution, detective Lear, orthe district r.in any matters.rulesasspecifiedChristIt didbynotMontanaortofollowCodeAnnotated 46-1-102 and 46-1-111.Page 13 of 2313 of 234/18/2013 3:57 PM
w temp.pl*https://ecf.mtd.uscourts.gov/cgi-bin/show tenp.pl?file 1176246-0 7.Case 9:13-cv-00075-DLC-JCL Document 1 Filed 04/18/13 Page 14 of 2329.The application for the search and seizure was madeex parte,tothe samejudge presidingoverthecase, and it was made in the middle of the Mr.Christ's cross examination of Lear.30.The government interfered with Mr. Christ right todefend himself in all of his cases, his ability toconduct legal proceedings and to file for taxes ontime, by taking hiselectronics,hislaptop,papers,cell phone,hisall hisstrategiesforexamining witnesses, all of his legal research andcontactsforcourt,andhiscontactsforlegalcounsel who were assisting him in his case.31.The computer contained confidential attorney-clientprivilegedmaterial.Mr.Christ maderecordsofPage 14 of 2314 of 234/18/2013 3:57 PM
ow temp.pl»https://ecf.mtd.uscourts.gov/cgi-bin/show tenp.pl?file 1176246-0--7.Case 9:13-cv-00075-DLC-JCL Document 1 Filed 04/18/13 Page 15 of 23conversations, notes of his discussionswithhislawyers - about the felony intimidation case, andall of his other cases. These were all accessed bythe prosecutionteam, of which Lear is an integralmember.32.The actionsbyDetective Leardid notyield anydiscovery that had not already been turned over. Inother words, Lear did not find what was specifiedin the search warrant. She countedout his moneyduring the search in open court - clearly exceedingthe scope of the warrant.33.Mr.Christ'sbackup) willlaptop,not ing every other case he has pending in seriousjeopardy. He has been cut off from his lawyers, hisfamily, his email, his legal research, his notes onPage 15 of 2315 of 234/18/2013 3:57 PM
)w temp.plhttps://ecf.mtd.uscourts.gov/cgi-bin/show tenp.pl?file l 176246-0—7.Case 9:13-cv-00075-DLC-JCL Document 1 Filed 04/18/13 Page 16 of 23his cases, his scheduleand calendar, all of hislegal papers and contact with the arrant. There were no exigent circumstances. Onlythe opinion of Lear - based on her overlooking Mr.Christ's notes during his cross examination of theStated witnesses.35.This was no more than a wild guess, that led to ctedtotheprosecution.36.Page 16 of 2316 of 234/18/2013 3:57 PM
https://ecf.mtd.uscourts.gov/cgi-bin/show temp.pr?file l 176246-0—7.[ w temp.plCase 9:13-cv 00075-DLC-JCL Document 1 Filed 04/18/13 Page 17 of 23If such a recording had been made, then it wouldhave been made in 2010. The crime charged would bea misdemeanor, but the crime would have occurred 3years ago - a fulllimitations2 years pastthe statutefor misdemeanors. The seizureofof Mr.Christ's laptop, backup hard drive, cell phone andother electronics in the effort to find evidence ofa suspectedmisdemeanorfrom3 years 'prior fallsfar outside of the statue of limitations pursuantto Montana State Law,37.Theapplicationforthesearch warrant is underseal, rendering Mr. Christ without any method ofarguing against the search warrant.38.DetectiveLearusedthe cell phoneshe acquiredfrom Mr. Christ, recorded all of the calls he made,and began calling the numbers he had called. LearPage 17 of 2317 of 234/18/2013 3:57 PM
w temp.plhttps://ecf.mtd.uscourts.gov/cgi-bin/show temp.pl?file 1176246-0—7.Case 9:13-cv-00075-DLC-JCL Document 1 Filed 04/18/13 Page 18 of ewhohasfivebeenyears.Shediscussed the criminal charges against Christ withhis father - at length. She demanded to know wherehewasat,despitethefactthattherewasnowarrant out for his arrest. She stated that it ersuffersheisdyingfromaverybeingintimidatingfroma very badinfectedbyahospital with Hepatitis C. This was all explainedto the court in 2011 and 2012, when the trial courtallow Mr. Christ to travel unhindered to take careof his father and to visit his family prior to thetrials in October 2012 and April 2013.39.Lear told his father that she would seize even nd.Page 18 of 2318 of 234/18/2013 3:57 PM
w temp.plhttps://ecf.mtd.uscourts.gov/cgi-bin/show tenp.pl?file 1176246-0--7.Case 9:13-cv-00075-DLC-JCL Document 1 Filed 04/18/13 Page 19 of 2340.Mr. Christ requested the return of his items, andRussell LaFontaine stated that Detective Lear wouldallow Mr. Christ to use his laptop and externalbackup hard drive at trial, but he wouldnot beable to use it for any other purpose, or to take itwith him upon leaving.Nor would he be able to use his property for anyother cases- effectively denying his ability tolitigate his cases. The Missoula Police Departmentseized his property in 2010 and refused to returnthe papers to his medical clinic. No charges werefiled.41.Mr. Christ is engaged in at least 12 civil and 2criminal cases. He is facing more charges from thecontentfound on his computer.Thesecharges arePage 19 of 2319 of 234/18/2013 3:57 PM
w temp.plhttps://ecf.mtd.uscourts.gov/cgi-bin/show temp.pl?file l 176246-0—7.4Case 9:13-cv-00075-DLC-JCL Document 1 Filed 04/18/13 Page 20 of 23going to be comprised of violations of the Privacyin Communications Act. (45-8-213)42.As he is self-represented, his entire office - and100% of his tools for defending himself, have beenseized, upon the mere suspicion of a detective, anda gross perversion of the Rules of Civil Procedurerelatingto the requirementof the disclosure scomputer, was to undermine his confidencein hiscase,createtoattackhimpersonally,tohostility, to show him a lesson in the power of thepolice, and to usurp his efforts at winning hiscase.44.Page 20 of 2320 of 234/18/2013 3:57 PM
)\v temp.plhttps:7/ecf.mtd.uscourts.gov/cgi-bin/show ternp.pl?file 1176246-0--7.Case 9:13-cv-00075-DLC-JCL Document 1 Filed 04/18/13 Page 21 of 23The actions of the defendants have violatedJasonChrist's rights to due process of law guaranteed bythe Constitutionof the UnitedFourth and Fourteenth AmendmentsStates undertheand ArticleII,Sections 10 and 11 of the Montana Constitution.45.The actions of the defendants were committed whileacting as commissioned state, county, or city lawenforcement officers.WHEREFORE,Jason Christ demands trial by jury and damages andattorney fees and costs.Jason Christ further demands a mandatoryinjunctionissue against the defendants, requiring all of hispersonal property obtainedfrom him and stored ordisseminatedagency beto anyotherreturnedtoPage 21 of 2321 of234/18/2013 3:57 PM
w temp.plhttps://ecf.mtd.uscourts.gov gi-bin/show temp.pl?file 1176246-0--7.Case 9:13-cv-00075-DLC-JCL Document 1 Filed 04/18/13 Page 22 of 23him;thereturntohimofanyinvestigativematerials, records or reports; and obliteration ofallrecordsofhimrelatedtoanyfurtherinvestigation of his personal sthatassistancehisofrightcounseltobemandated by this Court, directing the Office of thePublic Defender to provide the same legal servicesto Mr. Christ, as any other client, and to followthe Montana State Law pertaining to Public hetosubmissionanyofquestionafalseinthiscomplaint may subject me to penalties for perjury.I declare under penalty of perjury that I am thePlaintiffinthisaction,IhavereadthisPage 22 of 2322 of 234/18/2013 3:57 PM
ow temp.plhttps://ecf.mtd.uscourts.gov/cgi-bin/show teinp.pl?file l 176246-0—7.Case 9:13-cv-00075-DLC-JCL Document 1 Filed 04/18/13 Page 23 of 23complaint, and the informationI set forth hereinis true and correct. 28 U.S.C. § 1746; 18 U.S.C. §1621.By Self-Repre'sarnted Litigant:Jason ChristHomeless Resident of Sj&bkane, WashingtonReceives Mail at 350' S. Lassen Street,Susanville, CA.: 96130Message Phone: (530) 204-8064Page 23 of 2323 of 234/18/2013 3:57 PM
Case 9:13-cv-00075-DLC-JCL Document 1 Filed 04/18/13 Page 3 of 23 4. In January 2011, Christ was charged with Felony Intimidation in State District court and assigned the Office of the Public Defender ("OPD") to act as stand-by counsel at the end of 2011. Katie Green, esq., was
