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The plaintiff Duane kirkland v the defendant state of Montana

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF THE STATE OF MONTANA

WESTERN DISTRICT

Duane Kirkland

U.C.C. 1-207 1-308 w/o prejudice

The Plaintiff v

THE STATE OF MONTANA

AND ITS INSTITUTIONS

THE DEFENDANT

________________________________________________________________________

DEMAND FOR AN OPPORTUNITY TO RESOLVE THIS MATTER

OUTSIDE OF COURT

COME(S) NOW, The Plaintiff(s) and for his claim for , against the

Defendant(s), allege(s) as follows:

Plaintiff demand for 2.5 million dollars for violations of the plaintiff's civil rights, and refusing the remedy and recourse submitted and refused by the institutions of the state of Montana, city of Hamilton,and ravalli county.

Due to the fact of obstructing the due process and infringing and encroachment, by the actions of the officers and institutions of the state of Montana and the cause of pain and suffering, due to the action of obstructing the plaintiff over 9 years of encroachment,infringement.

Amendment Violations of the 1st ,4th , 5th , 6th , 14th , and conflicting case law submitted and ignored by written and recorded.

Due to the fact of the defendants listed above acting as the prosecuting attorney.

The judge's representing The state of Montana ,city of Hamilton,Ravalli County,institutions-

did not construe the allegations statues and codes to the Montana Constitution or the supreme constitution thats in harmony.

The judge's and institutions failed to protect the plaintiff from unconstitutional acts that violated the plaintiffs fundamental rights. Listed in the threshold questions.

According to the documented written papers submitted by the plaintiff and collected Discovery over the 9 years.

Its the duty of the listed defendants judges, officers or any State administrations with police forces and institutions to guard the Constitution at a state and federal level.

During the due process of the Ominous hearing to see if the plaintiff's inalienable fundamental basic necessities was violated, was ignored at all due process hearings and motions.

Violations title 18, USC, 231, 2883,2884,2885,1621

WHEREFORE, Plaintiff(s) request(s) judgment as follows;

The plaintiff request to be paid for the pain and suffering for the institution violations.

And due to the fact of the listed violations threshold questions showed in the due process of negligence of the The state of Montana ,city of Hamilton,Ravalli County,institutions-

not protecting the plaintiffs fundamental basic necessities of life and liberty.

The whole purpose of the main mission of being the guard of the Constitution at the state level and administration levels. Under the oath of the supremacy clause article 6 paragraph 2.

The Listed violations upon the plaintiff for 9 years in the state of Montana and the city of Hamilton, and the ravalli county.

During due process

During all so called due process it seemed that it was my burden to prove without doubt that there was conflicting issues. But the judge along the way through his perspective of due process was definitely to my disadvantage.

It seemed that the judge was protecting his interest of capitalizing on the funds that come in front of his bench. I believe he has a conflict of interest in the revenue that comes across his bench. I believe that the judge makes

$18 for every $40 that comes across his bench. I pray that I am wrong. Time will tell.

The judge seemed to not understand the oath he has to protect. And the judge did not understand that the statues they were applying were bringing harm upon me over the years.

The judge seemed to not want to bring the entire discovery I submitted and there was no answer for my dismissal until a later date. And then only by my written response, he still waved the issues through without any due process, any litigation at the court level. I believe this would be stealthy encroachment.

He just wanted to move along without any issues in my brief or any discovery in my written paperwork to john bell, or the written paperwork to the court.

No issues were brought up for me to even question or defend myself. To me and to the due process this is impartial and this is eluding and utilizing ones powers to manipulate a person that is willing to protect the constitution and bring attention to the conflicting laws at a state and a federal level.

My complaint and my hardship was waived and pushed to the advantage of the judge who is bound to the oath he swearer to. As a judicial officer of the people’s court it is clear in record of recording he did everything in his power to bring this trial to unfair trial for a person that had no property damage or victim- Knowing for fact that no appointed attorneys would assist.

Clearly the officer and the judge did not protect me from conflicting laws for whatever their personal reason.

But however a judge and an officer must know the law. And if they knew the law then they would have seen that clearly they violated the 4th amendment and the 5th amendment, and the 14th amendment.

In my paperwork this was clear, and there was overwhelming evidence by my discovery- I turned in- but it was not even brought up during due process.

Every time I tried to elaborate on any discovery I was stopped by the judge. Regardless of the out com of the trial they did not put me in jail like I thought they would.

But however the issues are being asked to be brought to the attention of the higher court for their criminal acts against me, violating my rights and not up holding supreme laws that are trumped over so called statues who are acting like laws which are laws that are conflicting on ones right to survive and live as a free private person protected by article six paragraph two which they are bound to.

Appeal issues

Conflicting issues and facts

Issue claiming under common-law and requesting statues codes be construed to the constitution of Montana and the constitution of the United states of America in the The state of Montana ,city of Hamilton,Ravalli County,institutions- ignored remedy and recourse claims-

Was not bound to the oath that swearer to protect)(Under article 6 paragraphs 2) The state of Montana ,city of Hamilton,Ravalli County,institutions-denied the plaintiff under the same uniform codes they operate under-

Clearly ignored the plaintiff's claim of reserving rights and the common court claimed, under remedy and recourse.

They ignored all written discovery shared with the prosecuting attorney john bell,and appointed attorney by The state of Montana ,city of Hamilton,Ravalli County,institutions-

The listed defendants in correlations with all institutions Infringed and encroached the plaintiff by stealthy unconstitutional acts.

Many documents of issues were waved through without any due process thrown in the trash.

(The judge's) went along with illegal determination process to obstruct all discoveries I shared with facts of unconstitutional acts declared.

However I will make this short and brief, regardless of how the trial's went it actually did go my direction, because I thought they would continue to violate my rights by putting me in jail Without a victim or property damage-

The main issue of the 4th Amendment and 5th Amendment violated by the police officer officer koopes of the city of Hamilton, and history of mutable encounters over the 9 years -

By taken of property away without due process and in some cases putting me in jail- then coercing the plaintiff into sighing a unknown contract under admiralty or a unknown court of jurisdiction.

The judge violated the bill of rights,siding with the conflicting statues- violating the clause in the 5th and 7th amendments under common law clauses.

The plaintiff claimed from the whole beginning and no one would listen- My brief 1-10, and all written responses from me to the people’s common court.

Violation against Duane Kirkland/U.C.C. 1-207 1-308 w/o prejudice.

#1 The state of Montana ,city of Hamilton,Ravalli County,institutions-

involving criminally prosecuting people without a victim or property damages, and justifying by safety- By tricking and enforcing stealthy hidden conflicting statues by distinctive difference by definitions of international commerce and fraudulently tricking private people that traveling to pursue basic necessities of life and liberty.

#2 The state of Montana ,city of Hamilton,Ravalli County,institutions-

is using the officers to their advantage to enforce conflicting laws, even though an officer has a separation of powers for conducting police powers witch is limited.

The police are committing crimes there self as an officer by arresting individuals for crimes without no victims and no property damage, under the common law this is illegal

#3 The state of Montana ,city of Hamilton,Ravalli County,institutions-

are obstructing one rights by infringing on them and violating the 14 amendment 5th amendment - By obstructing the freedom to travel to migrate to other states with their personal property so being a modern mode of travel, which is with a personal automobile.

#4 The state of Montana ,city of Hamilton,Ravalli County,institutions-

has continually turned a so called privilege to travel into a crime against its own people who migrate.

It is not a mere privilege which a city may prohibit or permit at will- But a common right which one has under the right to life liberty and the pursuit of happiness.

#5 The state of Montana ,city of Hamilton,Ravalli County,institutions-

is hurting ones basic right to make use of an automobile as a vehicle of travel along the highways of the state-

#6 The state of Montana ,city of Hamilton,Ravalli County,institutions-

Clearly violated the 14th amendment and the bill of rights) the right to travel is protected by the equal protection clause 14th amendment- The 5th Amendments.

#7 The state of Montana ,city of Hamilton,Ravalli County,institutions-

had no contract with me in the law of contracts. No permission by competent authority, conferring the right to do so some act which without such authorization would be illegal, or would be trespass or tort.

#8 The state of Montana ,city of Hamilton,Ravalli County,institutions-

which would place the keeping and safe conduct of another in the hands of even a conservator of the peace, unless for some breach of the peace committed in his presence, or upon suspicion of felony would be most oppressive and unjust, and destroy all the rights which our constitution guarantees-

Attached papers of brief table with overwhelming support for a complaint of the infringement from all the institutions over the past 9 years of survival.

#9 I request the appeal of court to look into my findings and ask for redress to the city of Hamilton Montana and bring a civil matter to the violations I share-

The plaintiff ask to bring criminal charges on the officer's for violated the 4th Amendment, and the plaintiff ask that there be criminal charges brought on the The state of Montana institutions, city of Hamilton,Ravalli County, for obstruction, negligence of rights under title 18, USC, 231, 2883,2884,2885,1621.

DEMAND FOR AN OPPORTUNITY TO RESOLVE THIS MATTER

OUTSIDE OF COURT

#10

Plaintiff demands for 2.5 million dollars for violations of the civil rights and negligence. Let it be submitted to the candid courts for justice and liberty for all.

Respectfully submitted this _____ day of ____________ month, 2007, by

__________________________________

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