Friday, September 21, 2012


This blog will document fighting a civil injunction against harassment at the local level. Perhaps some of these legal documents will help you in your uphill fight.

As background, on April 10, 2011, about a week before her oldest minor child turned 18, Melody Thomas-Morgan sought an ex parte (civil) injunction against harassment against our blogger. (She couldn't have gotten an injunction on behalf of her oldest minor once he turned 18. Interesting (scheming) timing, don't you think?)

She sought an injunction because she didn't like what our blogger had been blogging about her. (She seems particularly vexed over the issue of adultery.) See the blog That Woman Jezebel. 

Despite that blogging is protected speech, amazingly, Yavapai County Superior Court judge Kenton Jones gave Miss Thomas-Morgan her injunction. (If this happens to you, read the on-point case of LaFaro v. Cahill, where the Arizona Court of Appeals said someone can't get an injunction against you because you exercised your First Amendment right to free speech. But that doesn't stop judges in Arizona from granting injunctions to make everyone play nice.)

Worse, the brilliant Judge Kenton Jones wrote an unlawful order saying our blogger had to turn over his firearms! For blogging!

But there is no law in Arizona allowing judicial officers to deprive you of a constitutional right in a civil injunction. The Arizona Supreme Court made up its own "law," saying they can take away your Second Amendment right in one of their (Rule 18) Rules of Administration. But Rule 18 rules only apply to judges, judicial staff, and attorneys. Not the rest of us. (Only the Legislature can make law.)

Nevertheless, Judge Kenton Jones did not vacate his stupid order when the public spotlight shown on him.

The injunction wasn't served on our blogger until September 2011. This was after Michael Roth of Quartzsite found his gun rights revoked for calling Quartzsite Councilman Joe Winslow a turd. See the short video titled "Michael's Law."

Having fought this illegal gun grab before in court and won, and then having tried to show the Arizona Supreme Court Justices their error, our blogger took it to federal court, suing the Justices of the Arizona Supreme Court. 

The first federal judge, Judge Murray Snow, delayed things quite a bit, arguing he should abstain.

But it turns out that Judge Snow used to be an Arizona Court of Appeals judge and knew (and knows) all the defendants by sight on a first name basis! He should have recused as soon as the case was assigned to him. But he didn't.

It was only after our blogger supplied paperwork from the Arizona Supreme Court, showing he worked with several of the defendants when he was a COA judge that he finally recused. See a short YouTube about it.

The second federal judge, Judge Teilborg, dismissed the matter a half day later, claiming you can't sue judges because they have absolute immunity. No they don't. Not when you're only asking for Declaratory and Injunctive relief. (Just like suing Arizona Governor Jan Brewer over SB 1070.)

Our blogger took it to the Ninth Circuit, who similarly didn't want to rule against the Brethren. The Ninth kept moving the goalpost on our blogger and eventually dismissed the matter, although our blogger has asked the Ninth to reinstate.

After waiting a while and not hearing anything from the Ninth Circuit, our blogger decided to fight the matter of the illegal gun grab at the local level, with the so-called Prescott "Justice" court. (See how they cheat there.)

We will attempt to post all the documents our blogger filed with the Prescott Justice Court in his battle agaisnt Melody Thomas-Morgan.

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