LEECH LAKE BAND OF OJIBWE
TO: Leech Lake Tribal Court Administrator, and
Attorney for Defendants, Michael Garbow, at 115 Sixth Street NW, Suite E, Cass Lake, Minnesota 56633.
Pursuant to Rule 38 of the LLBO Judicial Code, Title II, Part VII, Petitioners seek Reconsideration of the Court’s Order filed February 22, 2005, in light of the new facts and evidence, additional supporting law, waiver of sovereignty, lack of an available and fully seated Appellate Court for the LLBO and new and increasing constitutional violations surrounding due to the continued use of tribal police by elected officials against the citizens since original filings, submissions and oral arguments December 16, 2004.
WHEREFORE, based upon all the previous and current filings and records contained herein Plaintiffs pray for judgment as follows:
1. Amend the Complaint caption to include LLTPD Chief Steven Day as a named Defendant.
2. Grant the Motion to Reconsider or Transfer to federal court jurisdiction due to various rights of Plaintiffs and criminal laws implicated.
3. Grant the Application for stay of Judgment until other remedies requested have been granted or completed.
4. Accept the Memorandum of Law in support of all the motions as a brief for the purposes of Notice of Appeal.
5. Declaring that Defendants have acted unlawfully and outside the scope of their authority and did conspire to discriminate against and deprive Plaintiffs of their several civil rights under the meaning of 42 U.S.C. §1981 et seq.
6. Declaring that Plaintiffs were never given the benefit of Band proscribed due process regarding the appeals of their terminations from employment and are entitled to be returned to their previous or comparable positions with all back pay and benefits due; or in the alternative if Plaintiffs are do not feel safe to return they will be fully compensated for past quantum meruit, past lost earnings and benefits as well as loss of reasonable future earnings.
7. Declaring that Defendants did act with malicious intent to defame, harm and injure Plaintiffs individually in their person, profession and livelihood and have therefore committed defamatory acts against Plaintiffs for which Defendants are personally and individually liable for damages.
8. Declaring that Defendants have cause widespread intentional infliction of emotional distress for Plaintiffs’ spouse, children and/or families by causing financial hardship, using public defamation and other overt acts of oppression to publicly ridicule and humiliate and therefore Defendants committed acts causing the intentional infliction of emotional distress to Plaintiffs and Plaintiffs’ families for which Defendants are personally and individually liable for damages.
9. Declaring that the Tribal Police acted unlawfully and unconstitutionally when searching and seizing Plaintiffs’ personal possessions, files, work product and other private case information, without a warrant or other lawful court order to aid in Defendants defamation and ridicule to harm Plaintiffs and therefore such items must be returned to the Plaintiffs or Plaintiffs must be compensated for the damages.
10. Declaring that Defendant RBC members’ actions and directions of Tribal Police have now become inextricably intertwined as the LLBO directs police actions to unreasonably and without cause or warrant, intrude on Plaintiffs lives so as to continuously add and increase spectacle and defamation.
11. Declaring that Defendants have committed an unjust taking against Plaintiff Bibeau as described above and by not reimbursing his personal costs/expenses in performing his previous job duties which are provided for under the LLBO policies and he must be compensated for the damages.
12. Encouraging that Defendants enter into a Consent Judgment with Plaintiffs to develop an independent LLR civil service commission to establish a merit system for equal rights hiring practices and a termination review board to provide for due process reviews, free of Defendants’ or future RBC’s control and interference.
13. Ordering Defendants pay attorney fees and costs as provided under 42 U.S.C. 1998(b-c).
14. Ordering punitive damages for Plaintiffs’ other pain, suffering, losses and general home environment and families’ emotional hardships associated with Defendants’ extreme and outrageous defamatory acts.
15. Judgment of at least of $1,000,000.00, for each the two occurrences provided in the present matter under Minn. Ch. 466 municipal liability.
16. For such further relief as the Court may deem just, fair and equitable.
Respectfully submitted this 4th day of March, 2005.
Attorney for Plaintiffs
51124 County Road 118
Deer River, Minnesota