10 December 2007

KingCast presents Memoranda: Contra Franconia Defendants' Motion to Dismiss & one for KingCast Partial Summary Judgment against Franconia Defendants.

BTW just so you know, Floyd never moved his truck in a way to get between Bruce McKay and Liko Kenney, as NH AG Kelly Ayotte and other LE told the Boston Globe. First of all Floyd wasn't even driving, so that's a lie right there, but to continue, he directed his student driver -- and stalker of "Ms. M" -- to park well south, in between Liko and his Home down at Tamarack Tennis camp about 800 feet away. So he hopped out of his car and was good to go, ready to start shooting and did so before Liko's car ever struck McKay, as Caleb Macaulay and Gregory P. Floyd noted, respectively.

Well here's the Memorandum Contra linked at Scribd.com; the Motion for Partial Summary Judgment is linked here at Scribd.com.

On the Memorandum, I like this part the most:
The uncontrovered Affidavit leads to a rebuttable presumption that he was suspended, which in context with all of the other issues, complaints and “missing” material supports Production of Bruce McKay’s personnel file in part or in whole:

At a minimum he is entitled to review unredacted items “TT” which are training reviews and performance evaluations. Defendant calls them “internal personnel practices,” but Petitioner has reviewed them (they are all fully redacted) and it is obvious that there is review of McKay’s behaviour involved. As a matter of Law, these evaluations are not part of McKay’s private life because they occur on the clock and they are not complaints that have been filed but deemed without merit, which courts often hold are not reviewable (Fn3: In fact, none of the Complaints against McKay fall into such category because none of them were investigated, much less officially deemed to be without merit).

By their redactions, particularly at Vaughn TT, Defendants have removed from public review the very documentation that will buttress the request for more documentation in light of what we DO know about McKay. And that of course would include the information in that narrative at pp. 99-101 where he admits to doing Unconstitutional things like seizing Liko Kenney because he was in a high crime area – which is exactly why Judge Cyr struck the arrests of the others at Fox Hill Park.

The haters can get up early in the morning to get ahead of me but it doesn't work: I sleep with both eyes open.

PS: And when I look over at das MacBook look what else I find, early in the morning:
And they never even filed any Affidavits regarding the purported Good Faith nature of their FOIA “searches”, which is fatal. Diamond v. IRS, 1998 U.S. Dist. LEXIS 19534; An agency may demonstrate compliance with the obligations of FOIA by providing supporting affidavits. Perry v. Block, 221 U.S. App. D.C. 347, 352, 684 F.2d 121, 126 (1982).

The supporting affidavits must be sufficiently detailed, not overly conclusive, and submitted in good faith. Id. at 352, 684 F.2d at 126. An agency is not required to provide "meticulous documentation" and instead, "affidavits that explain in reasonable detail the scope and method of the search conducted by the agency will suffice to demonstrate compliance." Id. at 353, 684 F.2d at 127. When the adequacy of an agency's search is challenged by a plaintiff, a reviewing court must decide if the materials submitted by the agency demonstrate a satisfactory search was undertaken. Id. If the agency's responses make it doubtful that a proper search was initiated and completed by the agency, summary judgment in favor of the government would usually be inappropriate. Id.


Christopher King said...

Here's a Good Excerpt the Motion for Partial Summary Judgment:

Clearly they knew or should have known that they were violating the law, see New Hampshire Challenge Inc. v. Commissioner NH Dep’t of Education, 142 N.H. 246; 698 A.2d 1252 (1997). As there is no conceivable excuse or explanation for Defendants (in) actions with regard to:

1. The 2003 Kenny/McKay arrest report which does in fact exist but which was not provided to Petitioner by Defendants.

2. The 2003 Kenney/McKay use of force report.

3. The “Sarah”/McKay cruiser video of OC Spray.

4. The “Sarah”/Mckay complaint filed by Troy Watts, Esq. that has disappeared.

5. The “Sarah”/McKay police report and Use-of-Force report that Petitioner anticipates will not be produced. See Attachment 3.

6. The Tardy response to Citizen Jesseman on his RSA 91-A letter that specifically requested a use of force “document” for the 2003 Fox Hill Park/Liko Kenney arrest, “documentation” on Fox Hill Park being suspicious, clarification of complaints filed against Bruce McKay since 2000, comparative documents in existence between McKay and other officers, his personnel file with “performance goals” to which he received no substantive responses. See Defendant Motion to Dismiss Attachments D and E and Petitioner’s treatment of Vaughn Index item “TT” in his accompanying Memorandum Contra Franconia Defendants Motion to Dismiss.

7. The failure to provide information owed to Citizen Jesseman including the 2003 Kenney/McKay Use of Force Report (Jesseman did not specifically request the arrest report).

Petitioner is entitled to Judgment as a matter of Fact and Law and he is entitled to costs and/or punitive damages. Walloon Lake Water System, Inc. v. Melrose Township, 163 Mich App. 726 I, 415 n.w. 2d 292 (1987) is instructive and factually very similar to the case at bar, with unreasonable and non-principled non-production:

This case presents a perfect illustration of this point. Upon receiving plaintiff's request for the letter, defendant Olliffe admitted to possessing a copy of the letter, [***8] but refused to comply with the request. Plaintiff, after issuing its request, had a right to access to the letter or, alternatively, to a written explanation justifying defendant Olliffe's refusal. See MCL 15.235(2), (4); MSA 4.1801(5)(2), [*733] (4). Rather than following the mandates of the FOIA, defendant Olliffe merely relinquished [**296] possession of the document, thereby defeating the purposes of the FOIA.

The Legislature could not have intended for a public body which seeks to prevent disclosure to take justice into its own hands in such a manner. Although defendant Olliffe's violation of the FOIA in this manner obviously rendered the issue of disclosure moot, it did not preclude consideration of plaintiff's request for costs, attorney fees and punitive damages, MCL 15.240(4), (5); MSA 4.1801(10)(4), (5).

Affirmed in part, reversed in part and remanded for imposition of costs, attorney fees and punitive damages in favor of plaintiff.


In assessing damages, a court will look to (1) the benefit to the public, if any, derived from the case; (2) the commercial benefit to the complainant; (3) the nature of the complainant's interest in the records sought; and (4) whether the government's withholding of the records had a reasonable basis in law." LaSalle Extension University v. Federal Trade Commission, 201 U.S. App. D.C. 22, 627 F.2d 481, 483 (D.C. Cir. 1980).

First, the public in Franconia, including people on the Franconia Recovery and Reconciliation Committee have clearly supported Petitioner as noted in the record. Plaintiff has obtained countless information from the public both in Franconia and beyond, in private emails occasioned through and because of his blawg, Chris King’s 1st Amendment Page.

The public will benefit not only from gaining the knowledge about this case that prompted hundreds of them to file responses to the Franconia Recovery and Reconciliation Committee, but from the fact that he has publicly stated and now reaffirms in Open Court that he would put half of any awards to charity. As such he would seek input on which charities Franconia LE and the Kenney family might agree to receive such an award.

Second, there is precious little commercial benefit to the complainant, in fact he has lost money to fund this case and foregone an opportunity to move to California with an old friend of his from Law School after State Lobbyist and Liko Kenney’s friend Oliver Ruff requested that he investigate this case.

Third, as stated by noted Civil Rights Attorney Terry H. Gilbert in Petitioner’s Complaint,

"There are few more noble causes that a lawyer can pursue.....lawyers must be on the frontline of that struggle to give meaning and dimension to the First Amendment to generate ideas regardless of their implications. To silence opposition seems to be the modus operandi of the state in order to consolidate its power over its citizens, particularly after 9/11......”

Further, prior to even working for Attorney Gilbert, Petitioner was an editor for a Statewide Ohio Newspaper (The Ohio Call & Post), he was a reporter for a large metropolitan daily (the Indianapolis Star), and he is a current (November 2007) recipient of a Mayoral Commendation from Nashua, NH Mayor Bernard Streeter “in recognition of his leadership role in protecting our citizen’s freedom of speech and the public’s right to know, Christopher King is awarded this First Amendment Commendation.” The overwhelming majority of his professional life has been dedicated to Free Speech and Civil Rights and the Right-to-Know and to petition the government for redress. In fact, he initiated the lawsuit that ended with Jerry Doyle prevailing on appeal with Attorney John Waddy against the Columbus School Board in which he won the right to criticize board members my name in open forum, See Freedom Forum story “Federal Judge: School Board foe can criticize officials by name,” at Attachment 4.

Better yet, watch Mr. Doyle testify in Open Court about Petitioner:

“And when you say City Hall, other attorneys didn’t want to go up against the city,” From KingCast
short film “American Lawyer One”


And watch him tell Columbus School District “You fear the people so you turn the microphone off” at KingCast companion site Justiceforkids.net short film “Advocacy in Action: Then and Now”


Fourth and lastly no one can say with a straight face that the government’s position on the matters delineated in this Motion has any merit whatsoever; they are merely wasting taxpayer money and hoping that Petitioner miss a deadline. As that will never happen it is time for the Court to issue a stern rebuke to Defendants for their capricious and unlawful activities that run contrary to the core values of this country.

Respectfully submitted,

Christopher King, J.D.
Plaintiff pro se

Anonymous said...

You, sir, are a truth teller, a sage, and an honest, deeply loyal, persistent fighter and advocate toward the end goal of righting injustices. Liko must be very pleased, proud and comforted.
God Bless

Anonymous said...

The haters can get up early in the morning to get ahead of me but it doesn't work: I sleep with both eyes open.

Lies, lies, lies and redactions...fantasy and fairy tales...keep EXPOSING them, Chris. We thank you so very much.

Christopher King said...

Thank you.

For some reason, ever since my father was a precinct committeeman in Cleveland Heights when I was a kid I always believed in Good Government.

My friend's father, Don Barclay was town counsel and instead of lying and covering things up he joined the lawsuit against unscrupulous racial steering as noted in short film "American Lawyer One."

Heights Community Congress v. Hilltop Realty, 629 F. Supp 1232.

Lifer said...

Noone can ever say that this is about Kingcast and money, never again.

You sir have put in countless hours and untold effort for people you didn't know before 5/11, simply in the name of justice and fair play.

The simple fact of the matter is you have always done as you said you would, I'd dare say you gone beyond your word.

I will publically speak for the citizens of Franconia (and the Collective which extends beyond the town line) and say "Thank you, and God bless". You are a rare individual who's talent and drive are selfless.

Christopher King said...



Yeah I joke around a bit with the characters and subject matter (god I hate the dry stuff and dry existence of most journalists and lawyers) but I always knew when it came time to get them Briefs filed I ain't no joke; serious as a heart attack.

That's why Defendant Ayotte is trying to hide from a simple 2-hour Deposition. If she thought she could smoke me she would be all ready to have me ask my questions; she could answer them and laugh in my face; give me something embarassing to put up on YouTube.

But this will be embarassing to her but that's too bad. She shouldn't have lied.

And the key is that now ordinary folks who have questions about Right-to-Know can come right here and read actual motions with real case law and interaction so that the law may be somewhat demystified regardless of the outcome.

And as to outcomes, we now know that the record will be well-established for any potential appeals.

But there's much more to come: Still have to figure out what the Court is going to do about Defendant Ayotte's Deposition and I have to file the KingCast Memorandum Contra Motion to Dismiss and Motion for Partial Summary Judgment in her cases by Friday. They are well on their way now, but you know how time flies when you're having fun.


BTW some of the first words out of my mouth as a child were:

"But why?"

Anonymous said...

i'll add to my posts at 5:53 and 6:07 to say that you uniquely inspire the rest of us to stand up, individually and collectively, for the truth..it's contagious..and it's "all good".

Anonymous said...

What next, a reach around? Don't confuse activity with achievement.

Anonymous said...

"...somebody, somewhere, sometime stood up when it was risky, somebody stood up when it was unpopular, they stood up when it was hard, and because somebody stood up, a few more stood up, and then a few thousand stood up...."

-excerpt from Barack Obama speech '07.

That somebody is Chris King.

Bohemian Rhapsody said...

FYI 9:43

What 8:26 and 10:25 write IS achievement, real achievement.

Please watch this video:


Anonymous said...

Good point. None of you Franconian's have got the seeds King does, or is it that you are all cowering under your sheets in fear of retribution from the man. See, Chris and the Kingcast folks, they know a thing or two about standing up for people who are not will to stand up for themselves. Point being, how worthless and weak are you?

Bohemian Rhapsody said...

Giving credit where credit is due, that video was sent to me by someone I consider a passionate and caring soul whom I count as a dear friend.

You see 9:43, this is not a trivial matter to us and we don't feel King's efforts are futile. To the contrary, he has brought out in many of us, a voice we never thought we had.

Anonymous said...

This is about money and kingcast/Chris King

Anonymous said...

I mock you and you timid sentimentality. Its a tribal feud, so your humanitarian musing about a better day and healing ring hollow. You want revenge, and justice is your window dressing.

Christopher King said...

A fascinating array of comments.

I'm just busy filing the Motions, thereby creating an accurate court record for this case and for any subsequent cases on appeal.

With that achievement I am comfortable, and I thank the folks in Franconia (and beyond) who have all helped in their own ways.


BTW does anybody know was Defendant Ayotte clerking for Peter Heed during his sex scandal?

Was she an intern at the time?

Nah, I think she was a lawyer.

Monica Lewinsky was the intern.

Anonymous said...

I'm curious as to why it took you 7 months to realize the police report from 2003 were in the files you posted to the web. You did not mentioned them until I pointed the report out to you.

Christopher King said...


I've been aware of the issue for a long time, just didn't say anything because I didn't want the Defendants to say "Oh, yeah, by golly we have it."

By the time you brought it up we were well enough into the process that it didn't matter.

The Motion for Partial S/J is being linked to Scribd.com right now for your review.


Christopher King said...

In fact, if you read the complaint there is language in it and information in it that only could have come from the report =^.)