verifiedcomplaint
DESCRIPTION
Complaint against Georgia PowerTRANSCRIPT
IN THE SUPERIOR COURT OF DEKALB COUNTYSTATE OF GEORGIA
JANET MCDONALD,JAMES STEGEMAN,
And similarly effected property owners of Sheppard Road Stone Mountain, Georgia,
PLAINTIFFS
V
GEORGIA POWER COMPANY,GEORGIA POWER COMPANY FOREST
& RW SERVICES,
DEFENDANTS
JURY TRIAL DEMANDED
VERIFIED COMPLAINT FOR DAMAGES
COMES NOW, Janet McDonald and James Stegeman who file their Verified
Complaint against Georgia Power Company and Petition For Permanent Injunction
against Georgia Power Company.
JURISDICTION AND VENUE
1. Plaintiffs Janet D. McDonald and James B. Stegeman jointly own the residence of
821 Sheppard Road, Stone Mountain, Georgia (said land referred to herein as “Plaintiff’s
property”).
2. Plaintiff Stegeman is 100% Federally disabled and receives Supplemental
Security Income of $623.00 monthly.
3. The Defendant, Georgia Power Company, (“Georgia Power”), is a Georgia
corporation doing business in Georgia and other states and is a wholly owned subsidiary
of The Southern Company (“Southern”), a Delaware corporation with headquarters in
Atlanta, Georgia.
4. “Georgia Power’s” registered agent for service of process is Terry Hodges, who
may be served with a copy of this Complaint, Summons, and other process at: 241
Ralph McGill Blvd., B 1080, Atlanta, GA 30308.
5. At all times relevant to this complaint against “Georgia Power”, the acts
performed were at the direction of Georgia Power Company and Georgia Power
Company’s Forest & R/W Services Manager, Nancy Huddleston1, located at Bin 241
Ralph McGill Boulevard, NE, Atlanta, Georgia 30308-4474.
6. At all times relevant to this complaint against “Georgia Power”, Supervisor Matt
Goff2 was employed by and acting as an agent of and at the direction of “Georgia
Power”.
7. The Superior Court of DeKalb County, Stone Mountain Judicial Circuit, State of
Georgia has subject matter jurisdiction because this action is a complaint for conspiracy,
libel per se/defamation per se, trespass, and criminal damages to property exceeding
$500.00, intentional infliction of emotional distress, and acting under the color of law or
color of authority to violate and in conspiracy to violate Civil and Constitutional Rights.
8. The criminal damages concern property located at 821 Sheppard Road, Stone
Mountain, Georgia 30083, in DeKalb County.
FACTUAL BACKGROUND
Plaintiffs reassert and incorporates their averments as set forth in paragraphs 1 through 8
above as if set forth herein.
9. “Georgia Power” has thirty six month contracts with tree crews to cut trees along
Sheppard Road.
1 Referred to hereinafter as “Nancy Huddleston”
2 Referred to hereinafter as “Matt Goff”
2
10. Electric utility companies in Georgia have close relations with Southern
Company and have a policy of telling local law enforcement that they have been
threatened by a resident in the area in order to have law enforcement officers accompany
them when they arrive at person’s properties to harass, intimidate, trespass, damage and\
or illegally take property.
11. Defendants violated any previous agreement, by relocating their poles on
Sheppard Road.
12. The property at 831 Sheppard Road,3 shows the result of illegal taking of an
extra fifteen to sixteen feet.4 See JoAnn Smith’s Affidavit Exhibit A.
13. “Georgia Power” has a “historical practice of maintaining a 15-foot brush/tree
clearance around poles”5, thereby illegally moving the pole at “the 831 property”,
Georgia Power has illegally taken an extra thirty one feet to thirty two feet.
14. The illegal taking at “the 831 property”, “Georgia Power” resulted in an illegal
taking of Plaintiff’s property by forty plus feet.
15. June 15, 2007 AT&T line crews, “Georgia Power’s” tree crews, and a DeKalb
County Police Officer6 came to Plaintiff’s property intending cut trees, a to run a steel
support cable at the 831 property, and to run communication lines on “Georgia Power’s”
poles.
16. The Plaintiffs produced the Original March 26, 1937 Georgia Railway & Power
Company Map which clearly indicates where the poles were to be placed.
3 831 Sheppard Road is owned by The Smith Family referred to hereinafter as “the 831 property”
4 July 2004 Georgia Power trespassed over forty feet onto Plaintiff’s property and had their tree crews cut the trees in the Plaintiff’s front yard, eight to ten trees that were more than eight to ten years old were “poled” (all limbs removed and tops cut off) resulting in the death of the trees.
5 See Bibb County v Georgia Power, .(241 Ga. App. 131)(525 SE2d 136) (1999)
6 Referred to hereinafter as “Police Officer”
3
17. The map shows poles to be placed along Sheppard Road five feet - two and a
half inches from the white line or fifteen feet- two and a half inches from the center line
of Sheppard Road.
18. The map also indicates that coming from Ridge Avenue down Sheppard Road,
there was to be a pole placed directly across the street from “the 831 property”, then to
the corner of Sheppard Cove with no power lines crossing Plaintiff’s property.
19. The “Police Officer” contacted her supervisor and DeKalb County Code
enforcement, it was determined that “Georgia Power” had violated easement.
20. The “Police Officer” told AT&T and “Georgia Power’s” tree crews that the trees
they intended to cut are on private property and if they cut the trees they would be
violating the law and arrested.
21. While the “Police Officer”, AT&T and Plaintiff Stegeman were discussing the
pole location, Plaintiff McDonald called Ms. Simone Jenkins at “Georgia Power” about
the incident and was informed that Mark Bell would be visiting the Plaintiffs later.7
22. DeKalb County Deputy Sheriff Carlton Wilson arrived at the scene, confirmed
that the pole is in violation of easement, and confirmed that anyone cutting the trees
would be trespassing onto Plaintiff’s property and would be subject to arrest.
23. Plaintiffs who have no money for an attorney, believed that because of the
decision made by law enforcement and having full knowledge of the dispute that if
“Georgia Power” had “rights” to cut the trees, that “Georgia Power” would take their
documentation, if they had any, before a Superior Court Judge to get a Court Order or
Declaratory Judgment to cut Plaintiff’s trees.
7 Plaintiffs contacted Ms. Jenkins when Mr. Bell never came, they also contacted Mr. Bell, to date Mr. Bell never visited the Plaintiffs or discussed the matter with them.
4
24. August 10, 2007 around 11:00 a.m. Plaintiffs observed an Ansco8 supervisor at
Mountain Springs Apartments property which is directly across the street from “the 831
property”.
25. The Plaintiffs talked with the Ansco supervisor who said that AT&T was having
a new pole erected, indicating on a drawing the location shown for a pole on the 1937
map.
26. On or around August 11, 2007 Plaintiffs received a Certified letter from “Nancy
Huddleston” which said that in mid August “Georgia Power’s” tree crews would be
cutting trees on Plaintiff’s property; that Georgia Power “has distribution lines on your
property”; and “purchased easement rights from the previous owner”.9 The letter is
attached hereto as Exhibit B.
27. Plaintiffs have attached as Exhibit C their Certified response letter dated August
13, 2007 to Ms. Huddleston indicating: “There was no purchased easement rights from
the previous property owner” 10; “no contract conveying that claim”; “Georgia Power
moved their pole, they violated the agreement” citing Bibb County, et al., v. Georgia
Power Company; “gross violation of my property”; “Georgia Power … does not have
the right to illegally seize property…”; “has continually made false statements and false
representations”; and “…Georgia Power or the contract crews it will be “Criminal
Trespass” and “the appropriate legal steps will be taken.”
28. On or around August 15, 2007 Ansco erected a new pole for AT&T 11 at
Mountain Springs Apartments, across the street from “the 831 property” as indicated on
the 1937 map.
8 Ansco is the company that erects poles and installs support wires for Georgia Power and AT&T.
9 The letter indicated a carbon copy sent to “Georgia Power” employee Matt Chambers
10 John Cleapor was the previous owner and he did not have an agreement with “Georgia Power”
11 AT&T did not want to violate the law, had a pole erected in the proper place rather than cross Plaintiff’s property illegally.
5
29. Plaintiffs have attached as Exhibit D, the responsive Certified letter from “Nancy
Huddleston” received on or around August 27, 2007: “Thank you for your letter …
outlining your position …” and “Maintenance crews are scheduled to perform routine
vegetation maintenance … the end of August.”
30. Plaintiffs have attached as Exhibit E their responsive Certified letter back to
Nancy Huddleston dated August 28, 2007 which clearly states: “We have the Original
Railroad map… agreed upon of 15’2” from the center line of Sheppard Road …”; “Our
position is this: we will not allow you to trespass onto the property, should there be a
trespass onto the 821 Sheppard Road property, there will be charges for criminal trespass
levied.” Paragraph 3. of Plaintiff’s last correspondence pointed to:
“BIBB COUNTY et al. v. GEORGIA POWER COMPANY (two cases) A99A1350. A99A1351.(241 Ga. App. 131)(525 SE2d 136) (1999) :
“To construe the original easement in any other manner would be to authorize the [utility] to eventually take all the [landowners'] land if the necessities of their business dictated, …”
“This was clearly not the intention of the parties to the instrument. Certainly the [landowners] did not intend to convey to the [utility] blanket authority to take any and all their land whenever it might suit the convenience or necessity of the [utility], …”
“But altering, repairing, and extending the power lines do not encompass the right to move the fixed poles several feet in one direction; otherwise, by incremental adjustments, Georgia Power could eventually take over the entire property…””
31. DeKalb County Police would normally be on the scene with “Georgia Power”
and their tree crews, but DeKalb County Police and Code Enforcement had already
determined that “Georgia Power” has no right to cut Plaintiff’s trees.
6
32. August 30, 2007 “Georgia Power”, their tree crews and two off-duty State
Patrol Troopers12 arrived at Plaintiff’s home at or around 9:00 a.m. and began cutting the
trees.13
33. Plaintiffs clearly informed “Georgia Power” and their tree crews that they had no
authorization to cut the trees.
34. Plaintiffs clearly stated to “Georgia Power” and their tree crews that they were
trespassing.
35. Plaintiffs unsuccessfully attempted to show the Troopers the 1937 map and
easement agreements which do not indicate in any manner that Plaintiff’s property was
ever part of an agreement with “Georgia Power.
36. Plaintiffs were advised by the off-duty Troopers that “Georgia Power” had a
Court Order and any attempt to stop the cutting would result in Plaintiff’s arrests.
37. Plaintiffs requested to see the Court Order, the request was ignored.
38. Plaintiff McDonald contacted “Georgia Power’s” division of land and easements
and spoke with Mr. Langley who stated that he had no record of an easement agreement
for Sheppard Road.
39. Mr. Langley asked to speak with the “Georgia Power” representative at the
scene.
40. Senior Trooper Mathis blocked Plaintiff McDonald from getting near Matt
Goff14 and refused to hand the phone to Mr. Goff for her.
41. Plaintiff McDonald immediately called Georgia State Patrol Headquarters and
talked with a Corporal about why the State Patrol Troopers were at the scene claiming
they were “ensuring Georgia Power’s rights”; she was informed there was no record that
the Troopers were sanctioned to be there.
12 Although the State Patrol Troopers refused to give their names and badge numbers, Plaintiffs later learned that they were Senior Troopers Mathis and Slappy.
13 Plaintiff McDonald videotaped parts of the incident. There was a lot of noise from the two bucket trucks cutting the trees and the limb chipper causing the audio difficult to hear.14 At this time, Plaintiffs did not know the name of the Georgia Power person at the site.
7
42. Plaintiff McDonald then talked with Georgia State Patrol Sergeant Parham who
asked to speak with one of the Troopers, she took the phone to Trooper Mathis the
phone.
43. Sergeant Parham called Plaintiffs and stated that an on-duty trooper was coming
to the scene to verify that the Troopers on the scene were in fact State Patrol, that the
story he had been told was that the Officers on the scene were from Stone Mountain
Police Dept.
44. Stone Mountain Police Officers came to the scene and talked briefly with
Plaintiffs then talked with the Troopers, who upon finding that Headquarters was
sending an on-duty Trooper to the scene, “Matt Goff”, the tree crews and the Troopers
quickly left, leaving a mess with heavy damage and destruction to Plaintiff’s property.
45. Later that same day, Plaintiff McDonald received a call from Corporal Fagan,
then Lt. Kinnup. Sergeant Parham, Lt. Kinnup and the Corporal all requested that
Plaintiffs file a formal complaint which is attached hereto as Exhibit F.
46. August 31, 2007 Plaintiffs went to DeKalb County Magistrate Court where
Magistrate Judge Whiteman set a hearing for criminal trespass and damages to be held
September 14, 2007. The Notice of Hearing is attached hereto as Exhibit G.
47. September 14, 2007 at hearing, “Georgia Power” admitted an on-going dispute,
that they had State Patrol Troopers at the scene; did not deny Plaintiff’s claims of what
the Original 1937 Map shows, did not deny that they knew DeKalb County Police and
Code enforcement had determined that Georgia Power has violated easement, did not
deny damaging Plaintiff’s property or killing Plaintiff’s trees.
48. Plaintiff McDonald stated to the Magistrate Judge: “… and rather than taking the
proper procedure and going into the Court system and getting a Court Order, she sent
them out and said cut the trees no matter what.” “Georgia Power” did not dispute the
statement.
49. “Georgia Power” perjured themselves by claiming: “…what we’re talking about
is going in and pruning trees that are within easement lines of the power line that has
8
been running through this property since 1941” “power lines that has been going
through the property since 1941, 1942”
50. Plaintiff McDonald brought up the fact that Mr. Bell was supposed to come out
and talk to Plaintiffs and never came, this was not disputed by “Georgia Power”.
51. “Georgia Power” never claimed that Matt Goff or anyone else came to the
Plaintiff’s home or that Plaintiff Stegeman threatened to kill Matt Goff.
52. The Magistrate Judge said that she thought this was about a “boundary dispute”;
“it appears to be an “on-going dispute”; that “Superior Court” would be the proper Court
to make such a decision; and “… and certainly Georgia Power could even file
something to make a determination to stop what is probably going to continue to go on
for years.”
53. The Judge dismissed the case.15
54. Senior Trooper Elbert Slappy’s response to complaint, Exhibit H, shows that the
Troopers were hired by “Georgia Power” for “protection”, “Georgia Power” Supervisor
Matt Goff had claimed: “the homeowner had threatened to kill him”; and “Georgia
Power had the proper paperwork” which the Troopers had told Plaintiffs at the time of
the incident that “Georgia Power had a Court Order”.16
55. The letter from Georgia Dept. Public Safety to Plaintiffs shows that the Troopers
were lied to and used by “Georgia Power”.
COUNT ONE: CONSPIRACY
56. Plaintiffs reassert and incorporates their averments as set forth in paragraphs 1
through 55 above as if set forth herein.
15 Plaintiffs have a recording of the hearing
16 Plaintiffs sent an Open Records Request to Georgia Dept. Public Safety to obtain the information about their complaint and the resulting “investigation”.
9
57. Employees of “Georgia Power”, Manager Nancy Huddleston and Supervisor
Matt Goff conspired against Plaintiffs and worked a scheme to trespass, damage and
deprive Plaintiff’s of their property.
58. “Georgia Power’s” Matt Goff and Nancy Huddleston made false representations,
and defamatory statements to State Patrol Troopers.
59. “Georgia Power’s” Nancy Huddleston and Matt Goff, had an agreement on how
to deprive Plaintiffs of their right to the equal protection of the laws.
60. “Georgia Power” performed one or more unlawful overt acts.
61. The conspiracy and Defendant’s acts resulted in harm to Plaintiffs and Plaintiff’s
property.
62. The Plaintiffs are entitled to recover damages from “Georgia Power”.
63. WHEREFORE, Plaintiffs demand Judgment, including interest, against
“Georgia Power” for actual, general, special, compensatory damages in the amount of
$5,000,000, plus the costs of this action, including attorney's fees, and such other relief
in the form of punitive damages deemed to be just, fair, and appropriate.
COUNT TWO LIBEL PER SE 17 - DEFEMATION PER SE
64. Plaintiffs repeat and re-allege and incorporates by reference the allegations in
paragraphs 1 through 63 with the same force and effect as if set forth herein.
65. Matt Goff in his Official capacity, while representing “Georgia Power” and with
authorization of “Georgia Power” willfully, wantonly, maliciously falsely alleged to
Georgia State Patrol Troopers that “the Court” had issued an Order concerning easement
at Plaintiff’s property.
17 “A libel is a false and malicious defamation of another, expressed in print, or writing or pictures, or signs, tending to injure the reputation of an individual, and exposing him to public hatred, contempt, or ridicule. The publication of the libelous matter is essential to recovery.” Code 105-701. Southland Corporation v. Garren , (138 Ga. App. 246)(225 SE2d 920)(1976) at 2.: “Whether or not the words spoken are actionable depends upon the meaning attributable to the words by innuendo and that which is understood by the one who hears them.” Blackstock v. Fisher, 95 Ga. App. 117 (97 SE2d 322)
10
66. Matt Goff in his Official capacity, while representing “Georgia Power” and with
authorization by “Georgia Power” willfully, wantonly, maliciously falsely alleged to
Georgia State Patrol Troopers that Plaintiff Stegeman said he “would kill” Matt Goff
should he come to the Plaintiffs property intending to cut trees. See Exhibit H
67. Matt Goff’ claims are charges of crimes, made to State Patrol Troopers who
were hired by “Georgia Power” for the alleged protection of Matt Goff from Plaintiffs as
Matt Goff performed work in his Official capacity as employee of “Georgia Power”.
68. Certified letters exchanged between Plaintiff’s and Nancy Huddleston clearly
show that “Georgia Power” had decided to take matters into their own hands rather than
let the legal system decide the dispute.
69. Matt Goff’s libelous words were authorized or directed by Nancy Huddleston,
Georgia Power Company’s Forest & R/W Services Manager in order to have the trees
cut no matter what it took.18
70. The State Troopers were in fact contracted to off-duty employ by “Georgia
Power” to protect Matt Goff.
71. Matt Goff’s libelous words were false and malicious defamation meant to injure
the reputation of Plaintiff Stegeman19 who has never been arrested, charged or convicted
of any crime.
18 “A corporation is not liable for damages resulting from the speaking of false, malicious, or defamatory words by one of it’s agents,… unless it affirmatively appears that the agent was expressly directed or authorized by the corporation to speak the words in question.” Behre v. National Cash Rigister Co., Ga. 213 (27 SE 986, 62 ASR 320); Russell v. Dailey’s, Inc. 58 Ga. App. 641 (199 SE 665); Sinclair Refining Co. v. Meek, 62 Ga. App. 850 (1) (10 SE2d 76); Cochran v. Sears, Roebuck & Co., 72 Ga. App. 458 (1) (34 SE2d 296); Braden v. Baugham, 74 Ga. App. 802 (1) (41 SE2d 581); Woolf v. Colonial Stores, Inc., 76 Ga. App. 565 (46SE2d 620).
19 "A libel is a false and malicious defamation of another, expressed in print, or writing . . . tending to injure the reputation of an individual, and exposing him to publiC hatred, contempt, or ridicule. The publication of a libelous matter is essential to recovery." Code Ann. 105-701.
11
72. Upon communicating to State Trooper Slappy the false allegation that
homeowner threatened to kill him, the libel became published,20 and the “investigation”
obtained by Open Records Act shows the publication.
73. The libelous statements concerning claims that Plaintiff Stegeman would “kill”
Matt Goff are libelous per se and require no proof of special damages.21
74. As a result of their actions, Defendants are liable to Plaintiffs
75. WHEREFORE, Plaintiffs demand judgment against “Georgia Power” for libel
against “Georgia Power” in the amount of $5,000,000, and injunctive relief, actual,
compensatory and punitive damages in an amount deemed at time of trial to be just, fair,
and appropriate.
COUNT THREE: TRESPASS
76. Plaintiffs repeat and re-allege and incorporates by reference the allegations in
paragraphs 1 through 75 with the same force and effect as if set forth herein.
77. “Georgia Power” worked a conspiracy to violated Plaintiff’s property Rights.
78. “Georgia Power” alleged to have easement agreements for all Sheppard Road
properties.
79. The alleged easement agreement was for five feet – two and a half inches; or
fifteen feet, two and a half inches from the center line of Sheppard Road.
80. None of the poles on Sheppard Road are within the space of the alleged
agreement.
81. Once so established, the easements could not be changed without “Georgia
Power” first obtaining from the landowners a further or additional easement, whether by
condemnation or otherwise.22
20 A libel is published as soon as it is communicated to any person other than the party libeled. Code Ann. 105-705.
21 Weatherholt v. Howard, 143 Ga. 41 (4) (84 SE 119) (1915); Dickey v. Brannon, 118 Ga. App. 33 (5) (162 SE2d 827) (1968).22 Jackson Elec. Membership Corp. v. Echols, 84 Ga. App. 610, 611 (66 SE2d 770) (1951); see Gaston v. Gainesville &c. R. Co., 120 Ga. 516, 517-518 (1) (48 SE 188) (1904).6 Jackson Elec., supra, 84 Ga. App. at 612; see Martin v. Seaboard Air-Line R., 139 Ga. 807, 809 (1) (77 SE
12
82. When Defendants moved their pole located at the 831 property farther onto that
property, they violated any agreement they may have had and illegally denied Plaintiffs
their right to full enjoyment of their personal, private property.
83. DeKalb County PD and Sheriff’s Office had already told Georgia Power’s tree
crews that there was an easement violation and would not allow the cutting.
84. Plaintiffs contacted several employees of “Georgia Power” land and easements
departments and informed them that there is no valid easement agreement.
85. Further, Plaintiffs had shown where that there was to have been a pole directly
across from the 831 property that no lines should be crossing over Plaintiff’s property.
86. Plaintiff’s letters to Nancy Huddleston clearly showed the dispute, easement
violation and cited Bibb County., et al., v. Georgia Power Company23, which is why
“Georgia Power” did not go before a Judge to get a Court Order, the would not be able
to get one.
87. Both of Plaintiff’s letters stated that any trespass and cutting would end with
Plaintiffs taking a warrant for criminal damages.
88. Nancy Huddleston, Manager Forestry & RW at Georgia Power Company,
ignoring the on-going easement dispute, Georgia statutes, and legal procedure, sent
“Georgia Power” representative Matt Goff and their tree crews to Plaintiff’s property
with orders to cut Plaintiff’s trees no matter what it took, disregarding the consequences
of their acts.
1060) (1913) (grantee confined to land used in first establishing easement).
23 BIBB COUNTY et al. v. GEORGIA POWER COMPANY (two cases).A99A1350. A99A1351.(241 Ga. App. 131)(525 SE2d 136) : “To construe the original easement in any other manner would be to authorize the [utility] to eventually take all the [landowners'] land if the necessities of their business dictated, …” “This was clearly not the intention of the parties to the instrument. Certainly the [landowners] did not intend to convey to the [utility] blanket authority to take any and all their land whenever it might suit the convenience or necessity of the [utility], …” “But altering, repairing, and extending the power lines do not encompass the right to move the fixed poles several feet in one direction; otherwise, by incremental adjustments, Georgia Power could eventually take over the entire property…”
13
89. Rather than following the proper procedure of going through the Courts, they
hired off-duty State Patrol Troopers alleging death threats by Plaintiffs.
90. Two bucket trucks came to Plaintiff’s property and began cutting trees up to
forty feet onto Plaintiff’s property with the intent of “killing as many trees as they
could”24.
91. Plaintiffs told “Georgia Power”, the State Troopers and the tree crews to leave
their property.
92. Plaintiffs informed “Georgia Power”, the tree crews and the State Troopers that
they were trespassing on private property.
93. “Georgia Power” has illegally denied Plaintiffs their right to full enjoyment of
their personal, private property.
94. “Georgia Power’s” acts were clearly malicious, wanton and reckless disregard to
the law, to the Plaintiffs and the Plaintiff’s private property.
95. As a result of their actions, Defendants are liable to Plaintiffs
96. WHEREFORE, Plaintiffs demand judgment for the trespass by “Georgia Power”
for actual damages, general damages, and further demands judgment against defendant,
for nominal and punitive damages in an amount to be determined by the jury, plus the
costs of this action, including attorney's fees, and such other relief deemed to be just,
fair, and appropriate.
COUNT FOUR: CRIMINAL DAMAGES TO PROPERTY
97. Plaintiffs repeat and re-allege and incorporates by reference the allegations in
paragraphs 1 through 96 with the same force and effect as if set forth herein.
98. “Georgia Power” conspired and worked a scheme to damage as much of
Plaintiff’s property as possible.
99. The damage and destruction by “Georgia Power” is an amount of over $500.00
24 This statement made by Arbor-nomics Certified Arborist-wildlife biologist.
14
100. July 2004, Plaintiffs lost eight, eight to ten year old trees due to damage by tree
crews at the direction of “Georgia Power”.
101. August 30, 2007, Plaintiffs lost eight to ten trees that were estimated to be
twelve to fifteen years old.
102. Ten to twelve trees were cut in a manner that will end up with the death of those
trees. 25
103. The property value has been decreased due to the loss of trees.
104. The Plaintiffs suffer from the loss of enjoyment, beauty, and feelings of well
being that the trees brought to the Plaintiffs.
105. The Plaintiffs without workable air conditioning further suffer from the lack of
shade the trees provided for them, blockage of heat from the roadway, and sights and
sound of the apartments that are across the street.
106. As a result of their actions, Defendants are liable to Plaintiffs.
107. WHEREFORE, Plaintiffs demand judgment for the criminal damages caused by
“Georgia Power” in the amount of $5,000,000 and further demands judgment against
defendants, for punitive damages in an amount to be determined by the jury, plus the
costs of this action, including attorney's fees, and such other relief deemed to be just,
fair, and appropriate.
COUNT FIVE: INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
108. Plaintiffs repeat and re-allege and incorporates by reference the allegations in
paragraphs 1 through 107 above with the same force and effect as if herein set forth.
109. “Georgia Power” conspired and worked a scheme to intentionally cause Plaintiffs
emotional distress.
110. Plaintiff Stegeman has suffered extra mental anguish knowing that should
anything happen to Matt Goff, Plaintiff would be the prime suspect; there are drive-by
25 All limbs were removed and the tops of the trees cut off, according to Arbor-nomics tree experts, this is only done when the intent is to kill a tree; Either action alone will kill the tree.
15
shootings, road rage any number of incidents in which something could happen and
Plaintiff would be blamed.
111. Plaintiffs take great pride of and enjoy their trees which give them peace of
mind, pleasure, clean the air, replace Air Conditioning at their home, and aesthetic value
to their home.
112. The destruction of Plaintiff’s trees has hurt the value of their property.
113. The beauty of Plaintiff’s trees were an asset to all residents of Sheppard Road, a
great source of pride of the Plaintiffs. One of their Oaks is believed by many people to
have sprouted right after Sherman marched through Atlanta.
114. By taking the law into their own hands, “Georgia Power” denied Plaintiffs of
their peace of mind and feelings of well being.
115. “Georgia Power” further has shown that they feel they are above the law and
will intimidate, libel, and do whatever they please in order to illegally take private
homeowners land, for this they should be punished.
116. “Georgia Power’s” conduct was extreme and outrageous, beyond all possible
bounds of decency, and utterly intolerable in a civilized community As a result of their
actions, Defendants are liable to Plaintiffs.
117. “Georgia Power’s” actions were the cause of the plaintiff's distress.
118. The emotional distress suffered by the plaintiffs was severe and of such a nature
that no reasonable person could be expected to endure it.
119. WHEREFORE, Plaintiffs demand judgment for the intentional infliction of
emotion distress caused by “Georgia Power” in the amount of $5,000,000 and further
demands judgment against defendants, for punitive damages in an amount to be
determined by the jury, plus the costs of this action, including attorney's fees, and such
other relief deemed to be just, fair, and appropriate.
COUNT SIX: ACTING UNDER COLOR OF LAW OR COLOR OF AUTHORITY IN THE VIOLATION OF AND IN CONSPIRACY TO VIOLATE
CIVIL RIGHTS AND CONSTITUTIONAL RIGHTS
16
120. Plaintiffs repeat and re-allege and incorporates by reference the allegations in
paragraphs 1 through 119 with the same force and effect as if set forth herein.
121. At all times relevant, Plaintiffs had a right under the due process and equal
protection clauses of the state and federal constitutions not to be deprived of their
constitutionally protected interests in their property. U.S.C. Const. Amend. 14;.Georgai
Constitution Article 1, Section I, Paragraph I.
122. At all times relevant herein, the Defendants were state actors and their conduct
was subject to 42 U.S.C. secs. 1983, 1985, and 1988.26
123. “Georgia Power” has violated easement and illegally taken property without
consent or agreement of the property owners on Sheppard Road, Stone Mountain,
Georgia.
124. By depriving the Plaintiffs of their rights to equal protection and affording only
“Georgia Power” their rights to equal protection, the state insinuated itself into the
conspiracy and metamorphosed the individual actors into State actors.
125. By using State Patrol Troopers to aid in breaking the law, “Georgia Power” is
guilty of violating Plaintiff’s Civil Rights.
126. Acting under the color of law, Defendants worked a denial of Plaintiff's rights,
privileges, or immunities secured by the United States Constitution and guaranteed by
the Fourth, Fifth, and Fourteenth Amendments to the Constitution of the United States
and Article I, Paragraph II of Georgia Constitution guaranteeing Protection to Person
and Property; Equal Protection, based on their misrepresentations.
127. Further, Plaintiff Stegeman is a Federally disabled individual, a member of a
protected class.
128. Plaintiffs informed “Georgia Power” as well as the State Troopers that he is a
disabled individual.
26 “Private persons, jointly engaged with state officials in the challenged action, are acting ‘under color’ of law for purposes of Section 1983 actions.” Dennis v. Sparks, 449 U.S. 24, 27-28 (1980); Cf. Gonzales-Morales v. Hernandez-Arencibia
17
129. By “Georgia Power” using State Troopers to aid in the criminal damage to
Plaintiff’s property, they were acting under Color of Law or Color of Authority.
130. As a result of Defendants' concerted unlawful and malicious conduct, Plaintiffs
were deprived of their rights to equal protection of all the laws and to due process of law,
of their right to their property, and the due course of justice was impeded, in violation of
the Fourth, Fifth, and Fourteenth Amendments of the Constitution of the United States
and 42 U.S.C. sec. 1983 and the Constitution of the State of Georgia.
131. WHEREFORE, Plaintiff McDonald demands judgment for the violation of her
civil and constitutional rights against defendants, for actual, general, and compensatory
damages in the amount of $1,000,000 and further demands judgment against defendants,
for punitive damages in an amount to be determined by the jury, plus the costs of this
action, including attorney's fees, and such other relief deemed to be just, fair, and
appropriate.
132. WHEREFORE, Plaintiff Stegeman demands judgment for the violation of his civil
rights against the defendants, for actual, general, compensatory damages in the amount
of $15,000,000 and further demands judgment against defendants, for punitive
damages27 in an amount to be determined by the jury, plus the costs of this action,
including attorney's fees, and such other relief deemed to be just, fair, and appropriate.
Respectfully Submitted this 25th day of October, 2007,
By: ___________________________ JANET D. MCDONALD, Pro Se
821 Sheppard RoadStone Mountain, GA 30083
(770) 879-8737
27 "Punitive damages are recoverable in sec. 1983 suit where defendant's conduct is motivated by an evil motive or intent, or where it involves reckless or callous indifference to plaintiff's federally protected rights”. Smith v. Wade, 461 U.S. 30, 50-51 ((1983); Clark v. Taylor, 710 F.2d 4, 14 (1st Cir. 1983).
18
By: _____________________________JAMES B. STEGEMAN, Pro Se
821 Sheppard RoadStone Mountain, GA 30083
(770) 879-8737
VERTIFICATION
I, Plaintiff Janet D. McDonald, being duly sworn, under penalty of perjury,
deposes and says that I have read the foregoing pleading to be file and the facts
stated therein are from first hand knowledge and are true and correct to the best of
my knowledge and belief.
I further depose while sworn and under penalty of perjury, that all Exhibits
that are copied are true and correct copies with nothing omitted and nothing
added.
This 25th day of October, 2007 _______________________ JANET D. MCDONALD
Subscribed and sworn to before me,
19
this 25th day of October, 2007.
Seal
____________________________Notary Public
My Commission Expires: _____________________
VERTIFICATION
I, Plaintiff James B. Stegeman, being duly sworn, under penalty of perjury,
deposes and says that I have read the foregoing pleading to be file and the facts
stated therein are from first hand knowledge and are true and correct to the best of
my knowledge and belief.
I further depose while sworn and under penalty of perjury, that all Exhibits
that are copied are true and correct copies with nothing omitted and nothing
added.
This 25th day of October, 2007 ___________________________JAMES B. STEGEMAN
20
Subscribed and sworn to before me, this 25th day of October, 2007.
Seal
____________________________Notary Public
My Commission Expires: _____________________
21