[JUDGEMENT FOR PLAINTIFF] Klaus vs Lorenzo Vercetti

[Klaus]

JOSE L. BECERRA Personal injury lawyer

From: ProLawyers Co., Downtown, Vice City. P.O. Box: 08459 To: Vice City Courthouse, Downtown, Vice City. P.O. Box: 00101

I. Opening Statement

Dear Judges and the State of Argonath,
ProLawyers Co. are hereby suing the following Person(s) of the state of Vice City, United States of Argonath on behalf of our client Klaus:

• Lorenzo_Vercetti(John_SopranoT).

II. Summary

Our client Klaus came to us with a disturbing story involving a confrontation with Lorenzo Vercetti. Our client is putting fourth a claim against the Police Officer, for compensation for the emotional distress suffered by my client. He is also putting fourth a claim against the Police Officer for Racially aggravated harassment. These claims are supported by three main areas of civil law that relates to racial harassment: Protection from Harassment Act 1997, The Crime and Disorder Act 1998, and the The Race Relations Act 1976.

The incident happened on the evening of 9th January 2018. My client Klaus was quietly walking around his neighborhood when suddenly a Patrol car approached him carrying three Police Officers. Two of the Police Officers had VCPD Badges, VCPD Officer Luchgox and VCPD Cadet Kappa. The other Officer was the defendant, Lorenzo, who was an ARPD Officer. It was then that ARPD Officer Lorenzo began harassing my client by shouting racial abuse at him. The ARPD Officer expressed immense racial hatred, threatening, abusive and insulting words/behaviour, towards my client. My client suffered extreme emotional distress as a cause of this racial attack and demands justice. Despite the two other VCPD Officers attempting to control him, Lorenzo continued to racially abuse and harass Klaus on a disturbing scale.

III. Charges

• Lorenzo_Vercetti:

1) Racially aggravated harassment.
A crime is racially aggravated if the offender shows hostility based on the victim's membership (or presumed membership) of a particular racial group, or if the crime is motivated by hostility towards members of a racial group. Includes but not limited to: pursuing a course of conduct likely to cause harassment and pursuing a course of conduct causing fear of violence. In addition, on conviction, a court can make a restraining order against an offender. Breach of a restraining order is a further criminal offence.

We believe that that the defendant, Lorenzo Vercetti, has committed a racially aggravated assault on my client Klaus. Lorenzo Vercetti has shown an appalling attitude with abusive and insulting words/behaviour fueled by racial hatred. This has led to cause my client extreme alarm and distress. The ARPD Officer continued to harass Klaus for some time, even threatening him with corruption (imprisoning an innocent) which also caused Klaus extreme distress.


IV. Demands

• For the defendant to pay towards litigation expenses.
• $9000 compensation for emotional distress.
• A restraining order, disallowing the defendant to approach our client within 30 meters.
• The Officer, Lorenzo Vercetti, to be discharged and suspended from the ARPD.

V. Evidence

• Evidence of crime:

https://ibb.co/dkdGRm
https://ibb.co/j2xAmm
https://ibb.co/nKnMsR
The recording shown are of the confrontation that took place.

VI. Requests

• We would like to summon VCPD Officer Luchgox and VCPD Cadet Kappa to court in order to make their statement regarding these events that took place in Little Havana on the evening of Tuesday 9th January. We would like them to give full description of what happened from their perspective.

Thank you,
ProLawyers Co.

[PulseEffect]

Vice City Law Courts Argonath Federal Court

From: The desk of the Honorable Alexander Treblin Address: 143 Downtown State Street, Downtown Vice City, Florida Topic: "Klaus v Lorenzo Vercetti" Proceeding Number: VC-CIVIL0001/18

COURT MINUTE

There is a significant issue to resolve before processing this case, that is if the defendant should be entitled to a police complaint before this Court exercises its jurisdiction to hear the matter. I note that previously the Court in Remuand v Asif, his honour Stormeus CJ dismissed a civil case without prejudice requiring the plaintiff to file a complaint against the defendant police officer before proceeding to a civil case. I am unsure on how to proceed given that the Law Enforcement Ordinance 2018 is not yet in effect and that previous caselaw requires the plaintiff to report a police officer for misconduct on duty before filing a lawsuit.

Until the resolution of this issue, this case is permanently stayed. 

DATED, on this 18th day of January, 2018.

Signed,

Alexander Treblin
Alexander Treblin
Judge

[Klaus]

(( Both Kessu and Huntsman agreed that filing a complaint to VCPD was not necessary. I guess Kessu will have to make things clear on the subject ))

[Kessu]

VCPD as of right now has no direct control over ARPD, so in my opinion having the need to file a complaint there is.. unnecessary.

That is, unless we are willing to bring copbanning to the table for both VCPD and court (still an administrative command) to issue roleplay based copbans.

Personally, with how the situation is right now, I don't see a point in reporting ARPD Officers / freecops to the VCPD, only VCPD Cadets and above.

Feel free to create a separate discussion topic for this court case if you do not want this court case to be filled with this discussion

EDIT BY PULSE: Discussion link here -> http://www.argonathrpg.eu/index.php?topic=122999.msg1924096#msg1924096

[PulseEffect]

Vice City Law Courts Argonath Federal Court

From: The desk of the Honorable Alexander Treblin Address: 143 Downtown State Street, Downtown Vice City, Florida Topic: "Klaus v Lorenzo Vercetti" Proceeding Number: VC-CIVIL0001/18

COURT MINUTE

If the Vice City Police Department will not exercise its jurisdiction over the matter then it shall be entitled to go to Court, the Court will accept and process the civil case once proof of summons has been issued against the defendant.

DATED, on this 18th day of January, 2018.

Signed,

Alexander Treblin
Alexander Treblin
Judge

[Klaus]

Defendant is aware of the case against him.

[LorenzoVER2442]

i will pay my fine for this case closed your honor

[PulseEffect]

Vice City Law Courts Argonath Federal Court

From: The desk of the Honorable Alexander Treblin Address: 143 Downtown State Street, Downtown Vice City, Florida Topic: "Klaus v Lorenzo Vercetti" Proceeding Number: VC-CIVIL0001/18

COURT MINUTE

The defendant has moved for default judgement against him, judgement is reserved, to be published within one week.

DATED, on this 18th day of January, 2018.

Signed,

Alexander Treblin
Alexander Treblin
Judge

[Klaus]

The defendant has moved for default judgement against him, judgement is reserved, to be published within one week.

DATED, on this 18th day of January, 2018.

[PulseEffect]

Vice City Law Courts Argonath Federal Court

From: The desk of the Honorable Alexander Treblin Address: 143 Downtown State Street, Downtown Vice City, Florida Topic: "Klaus v Lorenzo Vercetti" Proceeding Number: VC-CIVIL0001/18

Medium Neutral Citation:	Klaus v Vercetti [2018] AFCR 4
Date of Decision:	14 Feburary 2018
Jurisdiction:	Common Law
Before:	Treblin J
Catchwords:	CIVIL LITIGATION - Conclusion judgement - defendant entered for default judgement against them. LAW ENFORCEMENT LAW - Allegation of racial harassment.
Legislation Cited:	Interim Constitution Law Enforcement Ordinance 2018 San Andreas Constitution
Cases Cited:	Klaus v Vice City Police Department [2017] AFCR 13
Texts Cited:	Constitutional Proposal Discussions
Parties:	Klaus (Plaintiff) Lorenzo Vercetti (Defendant)
Representation:	Legal Representatives/Counsel: Mr J Becerra (Plaintiff) The defendant appeared in person. Instructors: Pro Lawyers Co (Plaintiff)

JUDGEMENT

[1].        On the 9th of January 2018, ARPD Officer Lorenzo Vercetti (the ‘Defendant’) engaged in clear acts of racism and verbal assault against citizen Klaus (the ‘Plaintiff’). The plaintiff subsequently instigated legal action¹ against the defendant on grounds of ‘racially aggravated harassment’ and seeks emotional distress damages, a restraining order, a costs order and an injunction from the court to remove the defendant from service of the Vice City Police Department.

[2].        The defendant applied for default judgement against them, in ensuring procedural fairness² to the defendant, I will examine the plaintiff’s claims.

Are the Claims Legally Sound?

[3].        The plaintiff cites a number of statutes and legislation which is not applicable in this jurisdiction. To address the plaintiff’s claim of ‘racially aggravated harassment’, there must be an applicable civil basis for any lawsuit³. Harassment is not directly criminalised nor does it give rise to an actionable civil claim by law in Vice City.

Section II, Ordinance I of the Interim Constitution

[4].        Section II, Ordinance I of the Interim Constitution relevantly provides:

There shall be no law respecting the establishment of a religion, prohibiting the free exercise of a group, or abridging freedom of speech or of the press other than personal insults. There shall be no law restricting citizens' right to assemble peacefully, or petition the government. However, if the safety of other individuals is compromised, such assemblies and organizations are to be considered illegal.

[Emphasis added]

[5].        Whilst it was intended that there was to be a law restricting offensive language⁴ as our Interim Constitution was based off the San Andreas Constitution, the provisions provided for in their Section III, relevantly Article XIII and XXI do not exist in our criminal law. Therefore a civil basis can not be found from these laws.

Other Regulations

[6].        However in Klaus v Vice City Police Department,⁵ I stated that the Court may from time to time on a case by case basis look to the Vice City Police Department Regulations for guidance. Section 2 of those regulations relevantly provide:

2.2. VCPD Officer must show professionalism and good attitude at all times, even when not on duty. VCPD Officer is supposed to be professional at all times. This also includes officers behavior and attitude in the server as a whole. Moaning, complaining, provoking and other things that trash the image of VCPD Officer and the VCPD as a whole are not allowed.
2.4. VCPD Officer is to respect every single citizen of Argonath and every single player in the server, regardless of their personal feelings or opinions. Professionalism and tolerance comes first.

[Emphasis added]

[7].        I find that there has been a breach of these regulations.

Remedies

[8].        In addressing remedies, the defendant has entered into default judgement against them, for this I do not believe the Court has any responsibility to protect for the damages listed on the plaintiff’s statement of claim. For this reason I award $9,250 ARD to the plaintiff for both emotional distress and legal costs.

[9].        In addressing a restraining order, I make an order to that effect accordingly

[10].      In addressing suspension of the defendant, I note that at the time of the proceedings, the defendant was not subject to the Law Enforcement Ordinance 2018 and as such the Court’s jurisdiction to accordingly make an order to that effect may result in jurisdictional error, for that reason I will not make an order to that effect.

I certify that the preceding ten (10) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Treblin.

Register

THE COURT ORDERS THAT:

[1].        That judgement for the plaintiff be entered into.

[2].        That the defendant is to pay the plaintiff the sum of $9,250 ARD.

[3].        That the defendant be restrained from approaching the plaintiff within a distance of 200 metres.

ORDERED, on this 14th day of February, 2018.

Signed,

Alexander Treblin
Alexander Treblin
Judge

_______________________
Footnotes
¹ Plaintiff, ‘Statement of Claim’, Submission in Klaus v Vercetti, VC-CIVIL0001/18, 15 January 2018.
² See Interim Constitution s IV ord I.
³ See Klaus v Vice City Police Department [2017] AFCR 13 [16] (Treblin J).
⁴ See Constitutional Proposal Discussions, 22 October 2011, Submission addressing Freedom of Speech (Gandalf P).
⁵ [2017] AFCR 13 [19] (Treblin J).

JUDGEMENT SUMMARY
Today, the Argonath Federal Court found in favour of the plaintiff in a civil matter as the defendant had entered into default against them. It awarded the plaintiff the sum of $9,250 ARD.
 

• This statement is not intended to be a substitute for the reasons of the Court or to be used in any later consideration of the Court’s reasons.

~Distributed by authority of the Courts of Argonath~