Pro Se 15 (Rev. 12/16) Complaint for Violation of Civil Rights (NonmPrisoner) UNITED STATES DISTRICT COURT for the Eastern District of Tennessee Civil Rights Division Case No. Vex Jury Trial: (check one}; (Write the ?ll] name ofeach plaintiff who is ?ling this complaint. Ifthe names ofal! the plainti?s cannot ?t in the space above, please write ?see attached in the space and attach an additional page with the my list of names.) William Eugene Kiaver Defendant(s) (Write the full name ofeaclI defendant who is being sued. Ifthe names ofaII the defendants cannat ?t in the space above, please write ?see attached in the space and attach an additional page with the full list of names. Do not include addresses here.) Hamilton County Tennessee, proper Hamiiton County Sheriff?s Department Daniel Wilkey, HCSD #3899 (at time afincidem? (Unknown) McCray, HCSD #2917 (at time of incident) City of Soddwaaisy Tennessee, proper Saddy-Daisy Police Department One John Doe K9 Of?cer, Saddy?Daisy Police Department (to be added. SDPD was not forthcoming with his name upon request) Case Document 2 Filed 07/09/19 Page 1 of 12 PageID 11 Pro Se 15 (Rev. 12116) Conmlaint for Violation of Civil Rights (Non~Prisoner) NOTICE Federal Rules of Civil Procedure 5.2 addresses the privacy and security concerns resulting from public access to electronic court ?les. Under this rule, papers ?led with the court should not contain: an individual?s full social security number or full birth date; the full name of a person known to be a minor; or a complete ?nancial account number. A ?ling may include only: the last four digits of a social security number; the year of an individual?s birth; a miner?s initials; and the last four digits of a ?nancial account number. Except as noted in this form, plaintiff need not send exhibits, af?davits, grievance or witness statements, or any other materials to the Clerk?s Of?ce with this complaint. In order for your complaint to be ?led, it must be accompanied by the ?ling fee or an application to proceed in forma pauperis. Page 1 of 6 I. The Parties to This Complaint A. The Plainti?is) Provide the information below for each plaintiff named in the complaint. Attach additional pages if needed. Name: William Eugene Klaver Address: PO Box 58, Hixson Tennessee 37343 County: Hamilton Telephone Number: 310-728?0793 E?Mail Address: joyride424@outlook.com B. The Defendant(s) Provide the information below for each defendant named in the complaint, whether the defendant is an individual, a government agency. an organization, or a corporation. For an individual defendant, include the person?s job or title (if known) and check whether you are bringing this complaint against them in their individual capacity or of?cial capacity, or both. Attach additional pages if needed. Defendant No. i Name: Hamilton County Tennessee, proper job or Title (lfknoxm): United States Municipality Address: 208 Courthouse, 625 Georgia Ave, Chattanooga TN 37402 Case Document 2 Filed 07/09/19 Page 2 of 12 PageID 12 Pro Se 15 (Rev. 12/ 16) Complaint for Violation of Civil Rights {Non?Prisoner) County: Hamilton Telephone Number: 423-209w6100 E-Mail Address (ifknown) Individual capacity Of?cial capacity Defendant No. 2 Name: Hamilton County Sheriff?s Department I Ch or Title (ifkno mm): County Law Enforcement Agency in Southeast Tennessee Address: Ground Floor Courts Building, 600 Market Street, Chattanooga TN 37482 County: Hamilton Telephone Number: 423-209-7006 EeMail Address (ifknom) Individual capacity Of?cial capacity Page 2 of 6 Defendant No. 3 Name: Daniel Wilkey #3099 Job 01' Title (ifknown) Address: Hamilton County Sheriff?s Annex, 6233 Dayton Blvd, Hixson TN 37343 County: Hamilton Telephone Number: 423?209-8902 E~Mail Address {ifknomr} Individual capacity Of?cial capacity Defendant Nor 4 Name: (Unknown) McCray #2917 Job 01? Title (jfknown) Address: Hamilton County Sheriff?s Annex, 6233 Dayton Hixson TN 37343 County: Hamilton Telephone Number: 423?209?8902 E~Mail Address (ifknown) Individual capacity Of?cial capacity Page 3 of 12 Case Document 2 Filed 07/09/19 Page 3 of 12 PageID 13 Pro Se 15 {Rev. ?2116) Complaint for Violation of Civil Rights (Non?Prisoner) Defendant No. 5 Name: City of Soddy-Daisy Tennessee Job or Title (ifknoam) Small Town on Outskirts of Northern Hamilton County Address: 9835 Dayton Pike, Soddy-Daisy TN 37379 Telephone Number: 423-332?5323 E?Mail Address (if known) Individual capacity ?Of?cial capacity v? Defendant No. 6 Name: Soddy-Daisy Police Department I ob or Title (ifknonm) Small Town Local Police Department In Rural Southeast United States Address: 9835 Dayton Pike, Soddy?Daisy, TN 37379 Telephone Number: 423?332?3577 E~Mail Address (If known) ?Individual capacity 'Of?cial capacity Defendant No. 7 Name: John Doe Job or Title (iflmo an): Unknown Responding K9 Of?cer for Soddy?Daisy Police Department Address: Soddy?Daisy Police Department 9835 Dayton Pike Soddy-Daisy, TN 37379 Telephone Number: 423-332-3577 Case Document 2 Filed 07/09/19 Page 4 of 12 PageID 14 Pro Se 15 (Rev. 12/16) Complaint for Violation of Civil Rights (Non?Prisoner) II. E-Mail Address (ifknown) ?Individual capacity ?Of?cial capacity Basis for Jurisdiction Under 42 USC. 1983, you may sue state or local of?cials for the ?deprivation of any rights, privileges, or immunities secured by the Constitution and [federal laws].? Under Bivens v. SIX Unknown Named Agents of Federal Bureau of Narcotics, 403 US. 388 (1971), you may sue federal of?cials for the violation of certain constitutional rights. A. Are you bringing suit against (check all that apply): Federal of?cials (a Bit/ens claim) State or local of?cials (3 1983 claim) 13. Section 1983 allows claims alleging the ?deprivation of any rights, privileges, or immunities secured by the Constitution and. [federal laws].? 42 U.S.C. 1983. if you are suing under section 1983, what federal constitutional or statutory right(s) do you claim is/are being violated by state or local officials? C. 1) My 4?h Amendment Rights in their Entirety. (see Video links .. eye) .. .. gf??i?itili?i .. enter into Goggle search bar) D. 2) Interfered With my Right To Due Process Ultimately By Not Filing The Citation With The Court. E. 3) Obstruction of Justice via Same Means as above, D2. F. 4) Detained Illegally and Without Just Cause. (see videos ?'1?th tittnazii ?oittiiee?dtZEa eye) .. .. if??lig?g? .. Enter into Google search bar) Page 5 of 12 Case Document 2 Filed 07/09/19 Page 5 of 12 PageID 15 Pro Se 15 (Rev. 12/16) Complaint for Violation of Civil Rights (Noanrisonerl G. 5) Had My Vehicle Illegally Searched, Without My Consent, and Without Just Cause. (see Video link enter into Google search bar) 6) Was Lied To About The 4m Amendment in an effort to Cloud The Issue, and Misrepresent It?s True Intent. (see video [ink ?rinses into Google search bar) 7) These Violations and more are Covered, Represented and Shown On My Videos From That Day, Links to which Are Provided in this ?ling. 8) Conspiracy on the part of Daniel Wilkey #3099 with the corrupt law enforcement body and sheriff of Rhea County TN to implement this stop in support of the Rhea County Sheriff?s own nefarious intent. Rhea County and it?s acting bodies in this matter will be sued in a separate ?ling pending outcome of these proceedings. The Wilkey family has a vast history as residents of Rhea County and doing the bidding of it?s law enforcement and elected of?cials in a subservient and obsequious manner. 9) Obstruction of Justice via Destruction, Erasure or Failure To Record Video Evidence from multiple patrol car dashcams and multiple police bodycams as well from all vehicles and persons responding to this incident from all mentioned law enforcement authorities the night of April 17, 2019. Plaintiffs suing under ijens may only recover for the violation of certain constitutional rights. If you are suing under Bit/ens, what constitutional right(s) do you claim is/are being violated by federal of?cials? Case Document 2 Filed 07/09/19 Page 6 of 12 PageID 16 Pro Se 15 (Rev. 12/16) Complaint for Violation of Civil Rights {Non?Prisoner) M. Section 1983 allows defendants to be found liable only when they have acted ?under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia.? 42 U.S.C. 1983. If you are suing under section 1983, explain how each defendant acted under color of state or local law. If you are suing under Bil/6H5, explain how each defendant acted under color of federal law. Attach additional pages if needed. N. have several videos that explain things fairly well, and each Defendant present that night will thus represent himselfin both word and deed. The links can be entered into Google search bar and it will take you to each video on my You'l?uhe channel in turn. As well, each video has a description explaining the video and things associated with the video and these events. The links are as follows: .. sianiwilv?l (last is a capital ?eye') .. .. .. Each is listed both in order of occurrence and from shortest to longest. Each video is important to this case no matter it?s length and must be viewed under full weight of all evidence represented therein. They will display acts such as Illegal Detainrnent, as i asked several times if I was under arrest and can i leave. To my way of thinking, this constitutes Kidnapping on top of all their other crimes these of?cers committed that night. it certainly was never Voluntary, as I demonstrated by asking to leave. 0. Oppression of the Handicapped, in Violation of the Americans With Disabilities Act. Statement of Claim State as brie?y as possible the facts of your case. Describe how each defendant was personally involved in the alleged wrongful action, along with the dates and locations of all relevant events. You may wish to include further details such as the names of other persons involved in the events giving rise to your claims. Do not cite any cases or statutes. If more than one claim is asserted, number each claim and write a short and plain statement of each claim in a separate paragraph. Attach additional pages if needed. A. Where did the events giving rise to your claim(s) occur? 12209 Dayton Pike, as per HCSD Citation Number 26613, Case Document 2 Filed 07/09/19 Page 7 of 12 PageID are?? 12 Pro Se 15 (Rev. 12/16) Complaint for Violation of Civil Rights (Noo??Prisoner) un?led. Actual place is Lon Faust Highway Southbound, or Hwy 27 Southbound. Street or location number unknown, but I almost to the Dunlap split when they turned on their lights. I observed the Hamilton County Sheriff?s Patrol vehicle under hard braking in a cloud of tire smoke trying to make that turnaround in the opposite lanes of the four lane divided Highway 27, Northbound. I was traveling Southbound toward Chattanooga TN. Later when ordered to place my hands on the hood my hands were burned from the heat. McCray #2917 ordered my hands back on the hood of the patrol car, further burning them. My vehicle is a BUS and listed so by it?s manufacturer Ford Motor Company as such on the doorjamb sticker. It is therefore Exempt from all window tint regulations, along with Ambulances, Hearses, Church Vehicles and Limousines. In this video I tried several times to explain that to them, but they wouldn?t listen. They asked for consent to search my vehicle, I Adamantly Denied them that permission and consent. They proceeded to illegally detain me until a drug K9 from Soddy? Daisy Police Department could arrive. They manufactured a positive from the dog, performed an illegal search, and found nothing. Also, when I arrived at court I discovered that I was not on the docket. In checking with the court clerk?s of?ce I was informed that the Citation had never been ?led. This robbed me of time before a judge to tell what happened. I believe their motivations were to cover themselves for all the illegal things they did that night. Had my video camera on my phone been running, recording therefore protecting me, who knows. Still as it stood, several fabrications had gone into making up the Citation itself. One was a cheap shot at the Marine Corps, by calling my Marine Corps sticker a ?stinker?. The Other was a blatant lie completely in violation of the laws of Physics, in which a time of 08:33 pm. was given as evidence of my tint being too dark. According to Google, on April 17 2019 the sun went; down at 08:15 pm. I had been working on a 98 year old woman?s vehicle all day, was making another parts run to Chattanooga TN when this stop occurred. Her car had been vandalized an attempted to steal it was made, and a lot of components had to be replaced. The hotwirejob they attempted blew out the ignition coil and points. They stole the battery when that didn?t work, cutting up those cables as well. Then they siphoned the gas. This is a woman who was my foster mother before I went to live at Bethel Bible Village, then called Bethel Bible School. In fact, I got my Bus from them. I know Bethel never had any drugs in it, and neither have 1. Therefore I ?nd it very insulting for them to insinuate such through trickery and lying. But my foster mother needs that car to run so that it can be moved by ambulance Case Document 2 Filed 07/09/19 Page 8 of 12 PageID ?2 Pro Se 15 (Rev. 12/16) Complaint for Violation of Civil Rights (Non~Prisoner) people when she has to take trips to the hospital. I was not ?nished ?xing it at the time of this stop, and their desire to lie all the other things they did could have cost this 98 year old woman her life. As well, I stated several times that I would not answer any questions without my attorney present, and requested several times to leave to indicate that this stop was in no way voluntary on my part. McCray #2917 continued to verbally berate me, as seen on the longest of my videos. He continued to ask questions about my Marine Corps service in such a way and tone of voice as to indicate that he knew I was handicapped, and that he was making fun of that handicap. For the record, I have a type of muscular called CMT, ?rst diagnosed in Marine Corps boot camp at Farris Island in the late 1980?s. I got my bus from Bethel Bible Village, a Christian Children?s Home in Hixson Tennessee on Hamill Road, across from Greenway Farm. I grew up at Bethel when it was Bethel Bible School back in the 1970?s and early 1980?s. My entire Childhood was spent there. I Know that Bethe] never had any drugs in the vehicle, and I have never had any in it, either. So for these individuals to pull their fake drug dog alert, and it Was Fake or the dog is a Moron, really makes me angry. Then for them to not ?le the equally bogus window tint citation on my Exempted Vehicle thereby robbing me of a legitimate viewing and decision from a Judge compounds that. Inventing evidence as they did, these of?cers do not belong in law enforcement, and I would ask the court to permanently decertify all these persons and their cohorts in these crimes to be named at a later date andler upon discovery Nationwide. B. What date and approximate time did the events giving rise to your claim(s) occur? C. April 17, 2019 Case Document 2 Filed 07/09/19 Page 9 of 12 PageID #?2?319Of 12 Pro Se 15 (Rev. 12/16) Complaint for Vioiation of Civil Rights (Non?Prisoner) IV. D. 22:33 Military, or 08:33 p.111. Civilian. I mention this because the Citation lists Military Time, but also adds the pm. Wilkey claimed to have been in the military at one time, but if he doesn?t know not to mix the two I seriously doubt: that he has. E. What are the facts underlying your claim(s)? (For example: What happened rayon? Who did what? F. That information will be contained in my videos, the links to which have already been provided. As these individuals failed even to fiie the Citation in an effort to remove themselves from it?s effects, I seriously doubt dashcam and bodycam footage from that night even exists now. However, we still have My Videos as evidence of those events that night. Was anyone else involved? Who also saw what happened?) Who saw what happened that night was anyone and everyone who happened to drive by that night. Injuries If you sustained injuries related to the events alleged above, describe your injuries and state what medical treatment, if any, you required and did or did not receive. Injury to my hands consistent with being burned on a hot surface. stress and Social Ostracization of being falsely accused and ignored roadside. The further social taint as a result of their fake drug dog alert conducted just to gain access to my vehicle and do their illegal noncomensual search during which nothing was found. The further social embarrassment of having friends and family drive by or ?nd out via other means and wonder what I had done and am I some sort of drug addict or something. The answer to which is of course, No. I was the victim of corrupt and conspiratorial law enforcement that night who did this thing for the purpose of everything it has brought about, in a malicious attempt to ruin my life. Case Document2 Filed 07/09/19 Page 10 of 12 Pageloi?aeaof 12 Pro Se i5 (Rev. Complaint for Violation of Civil Rights (Non?Prisoner) V. Relief State brie?y what you want the court to do for you. Make no legal arguments. Do not cite any cases or statutes. If requesting money damages, include the amounts of any actual damages and/or punitive damages claimed for the acts alleged. Explain the basis for these claims. I Demand One Hundred Million Dollars total from all Defendants named. VI. Certi?cation and Closing Under Federal Rule of Civil Procedure 11, by signing below, I certify to the best of my knowledge, information, and belief that this complaint: (1) is not being presented for an improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; (2) is supported by existing law or by a non? frivolous argument for extending, modifying, or reversing existing law; (3) the factual contentions have evidentiary support or, if speci?cally so identi?ed, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and (4) the complaint otherwise complies with the requirements of Rule 11. A. For Parties Without an Attorney I agree to provide the Clerk?s Of?ce with any changes to my address where case?related papers may be served. I understand that my failure to keep a current address on ?le with the Clerk?s Of?ce may result in the dismissal of my case. Date of signing: Signature of Plaintiff Printed Name of Plaintiff We (?K/er If}? B. For Attorneys 720. 50X {89 was saw fit? a are; 6M 72% c> 793 Case Document 2 Filed 07/09/19 Page 11 of 12 Pagelda?? 12f 12 Pro Se 15 (Rev. 12/ 16) Complaini for Violation of Civil Rights (Non?Prisoner) Signature of Attorney Printed Name of Attorney Bar Number Name of Law Firm Address City State Zip Code Telephone Number Email Address Case Document2 Filed 07/09/19 Page 12 of 12 Pagelei?Ffzf?z