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Case 2:16-cv-02108-JAR-GLR Document 5 Filed 05/13/16 Page 1 of 14

IN THE UNITED STATES DISTRICT COURT


FOR THE DISTRICT OF KANSAS
ERIC M. MUATHE, and
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JULIE STOVER, and
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KASEY KING, and
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Case No. 16-cv-2108
LESTER MOORE, and
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RICHARD DICKERSON, and
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PATRICK DICKERSON, and
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FIRST AMENDED CIVIL COMPLAINT
TRAVIS CARLTON, and
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DUSTIN BLAIR, and
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MICHAEL L. KING, and
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THOMAS J. WALTERS, and
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DESIGNATED PLACE OF TRIAL
FREDERICK GRABLE, and
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STACY STEVENS, and
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ZACHARY WALDEN, and
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KANSAS CITY, KANSAS
JAMES BECKLEY, JR., and
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DANNY E. STEVENS, and
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JASE GREENWOOD, and
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REGGIE RHUE, JR., and
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JOE STOVER, and
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CHET STOVER, and
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HANNAH STOVER, and
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TONY SIMONS, and
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BO COY, and
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JURY TRIAL DEMANDED
TRENTIN CALTON, and
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KAREN CALTON, and
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KANDICE DUNCAN, and
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CLARK J. ANDERSON, and
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MATT MOORE, and
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MANDY DUNCAN, and
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MATT SCHWAB, and
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JOSH MOORE, and
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MAKAIHLAH GIBBS, and
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JENNIFER TURNBOUGH, and
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TRISTIN CRAMER, and
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DALLAS GARNER, and
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DREW CHRISTIANSEN, and
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BEN JAMES, and
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SHAWNA SMUTZLER, and
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KEVIN SEYBOLD, and
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WHITNEY COY, and
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MARC DOHERTY, and
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ROBBY PHILLIPS, and
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JOHN MACK, and
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Case 2:16-cv-02108-JAR-GLR Document 5 Filed 05/13/16 Page 2 of 14

LEONARD MACK, and


STEVE MELTON, and
DENI MELTON, and
DAVID WILDERMAN, and
JOHN CLOTHEIR, and
BRIAN HAMM
Plaintiffs,
v.
LORI BOLTON FLEMING, and
KURT LOY, and
MY TOWN MEDIA, INC., and
JOE MANNS
Defendants.

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COMES NOW Plaintiffs Erick Muathe, Julie Stover, Kasey King, Lester Moore,
Richard Dickerson, Patrick Dickerson, Travis Carlton, Dustin Blair, Michael King, and
Thomas Walters, Ferederick Grable, Stacy Stevens, Zachary Walden, James Beckley, Jr.,
Danny Stevens, Jase Greenwood, and Reggie Rhue, Jr., Joe Stover, Chet Stover, Hannah
Stover, Tony Simons, Bo Coy, Trentin Calton, Karen Calton, Kandice Duncan, Clark J.
Anderson, Matt Moore, Mandy Duncan, Matt Schwab, Josh Moore, Makaihlah Gibbs,
Jennifer Turnbough, Tristin Cramer, Dallas Garner, Drew Christiansen, Ben James,
Shawna Smutzler, Kevin Seybold, Whitney Coy, Marc Doherty, Robby Phillips, John
Mack, Leonard Mack, Steven Melton, Deni Melton, David Wilderman, John Clotheir,
and Brian Hamm, (hereinafter collectively referred to as plaintiffs), by and through
their attorney Prince Adebayo Ogunmeno of Kansas City, Kansas, and amends their
petition for their cause of action against the defendants state and allege as follows:
PARTIES
1. The plaintiffs are individual persons, adult citizens of the United States, and at all
times material to this complaint are resident of this district.

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2. The defendant Lori Fleming (hereinafter referred to as Fleming) is an individual


person and at all times material is believed to be a resident of this district.
3. The defendant Kurtis Loy (hereinafter referred to as Loy) is an individual person
and at all times material to this complaint is believed to be a resident of this district.
4. The defendant My Town Media, Inc., is a corporate entity organized by virtue of the
laws of the State of Kansas is believed to be a resident of this district.
5. The defendant Joe Mann (hereinafter referred to as Mann), is an individual person,
and is believed to be a resident of this district.
6. At all times relevant to this action, the defendant Mann was defendant My Town
Media, Incs employee and/or agent, and was acting within the scope of, and in
furtherance of his employers business interest.
JURISDICTION AND VENUE
7. The above paragraphs are incorporated by reference.
8. This cause of action arises out of denial and/or impairment of plaintiffs
constitutional, civil rights, and political rights which occurred within this district.
9. Jurisdiction lies with this court pursuant to federal question jurisdiction under 28
U.S.C. 1331; 28 U.S.C. 1343(1)(2)(3)(4); and 42 U.S.C. 1981, 1983, 1985 the
First, Fourth, and Fourteenth Amendments to the United States Constitution.
10. Venue is proper in this court pursuant to 28 U.S.C. 1391 in that all the defendants
are resident of this district and all the acts or omissions which gave rise to this cause
of action occurred within this district.
11. The plaintiffs invoke the pendent and/or supplemental jurisdiction of this Court to
hear and decide claims arising under state law pursuant to 28 U.S.C. 1367.

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FACTS
12. The above paragraphs are incorporated by reference.
13. On or about February, 2015, the plaintiffs formed a group named Summary Judgment
Group, an unregistered association, to advance their constitutional rights to freedom
of speech and the rights to petition the government as enshrined in the First
Amendment to the United States Constitution, including expression of their
displeasure with perceive conflict of interests between local attorneys and judges in
handling cases in Crawford County District Court system.
14. In pursuit of their constitutional and civil rights, plaintiffs began a petition drive to
summon a grand jury to remove sitting Crawford County District Judges, including
defendant Fleming and Loy.
15. In furtherance of their goal and legal requirements of collection of sufficient
registered voters signatures, plaintiffs approached defendant My Town Media, Inc.,
who operates a local radio station commonly known as 100.7 ESPN to purchase radio
advertisement spots.
16. On February 16, 2015, plaintiffs entered into a contractual agreement with defendant
My Town Media, Inc., for an advertisement spots on defendants F.M. 100.7 ESPN
radio station.
17. The parties agreed plaintiffs signature drive advertisement spot will air during a
popular morning sport show commonly known as Mike and Mike at 7:55 a.m. each
day for 30 days.
18. In exchange plaintiffs agreed and paid defendant My Town Media, Inc., the agreed
fees for airing plaintiffs advertisement spots for 30 days.

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19. In addition, the parties agreed that the defendant My Town Medical, Inc., will create
and produce the content of the plaintiffs signature drive advertisement spots.
20. On February 16, 2015, the plaintiffs tendered full payment of the advertisement
purchase to defendant My Town Medical, Inc.
21. On or about February 17, 2015, the defendant My Town Media, Inc., created and
produced the sample advertisement spot for plaintiffs review and approval.
22. The plaintiffs relied entirely on defendant My Town Media, Inc., experience and
expertise in radio advertisement creation; and based on defendants suggestions and
recommendations, plaintiffs approved the advertisement spot the defendant My Town
Media, Inc., created and produced for publication.
23. On February 18, 2015, and February 19, 2016, the defendant My Town Media, Inc.,
ran plaintiffs signature drive campaign advertisement spots as the parties agreed.
24. Information has it that on February 19, 2015, the defendant Fleming and Loy became
aware of the plaintiffs signature drive campaign advertisement on FM 100.7 ESPN
radio station.
25. According to information and belief, the defendant Fleming and Loy agreed to use
their positions as Crawford County District Court Judges to stop plaintiffs radio
signature drive advertisement.
26. Information further has it that defendant Fleming and/or Loy contacted defendant My
Town Media, Inc., and its employee and/or agent Mann and prevailed on them to join
the conspiracy and then jointly made the decision to stop running plaintiffs signature
drive radio advertisement immediately.

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27. Information further has it that defendant Fleming in furtherance of the agreement with
defendant Loy convinced defendant My Town Media, Inc., and its employee and/or
agent defendant Mann to join in the conspiracy and act together to stop plaintiffs
signature drive and radio campaign.
28. Within hours after defendant Fleming contacted defendant My Town Media, Inc.,
and its employee and/or agent Mann On February 19, 2015, the defendant My Town
Media, Inc., acting through its employees and/or agents pulled the plaintiffs
signature drive advertisement campaign off the air.
29. Further, after the defendant My Town Media, Inc., pulled plaintiffs signature drive
advertisement off the air, defendant advised plaintiffs it cancelled the radio
advertisement contract because the content violated the Federal Communication
Commission (herein after referred to as FCC) rules governing radio advertisement.
30. Plaintiffs suggested to defendant My Town Media, Inc., to recreate and to make the
content of plaintiffs signature drive advertisement conform to FCC rules.
31. However, the defendant My Town Media, Inc., refused plaintiffs offers and
suggestions in furtherance of their conspiracy to deny plaintiffs their constitutional
and civil rights.
COUNT ONE
DEFENDANTS VIOLATED PLAINTIFFS RIGHTS UNDER 42 U.S.C 1985
32. The above paragraphs are incorporated by reference.
33. Plaintiffs are members of a private citizen class-based protected group, and plaintiffs
are involved in a protected speech and actions under the First Amendment to the
United States Constitution.

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34. In furtherance of plaintiffs constitutional right under the First Amendment to the
Constitution, plaintiffs began a signature drive to gain community support for their
cause.
35. Shortly thereafter plaintiffs, individually and as a group, contracted with defendant
My Town Media, Inc., to create and produce a radio advertisement to promote their
cause.
36. The defendant Fleming, Loy, and My Town Media, Inc., agreed among themselves to
deprived plaintiffs of their Constitutional and First Amendment rights by bringing
about the termination of plaintiffs radio advertisement.
37. The defendant Fleming, Loy, and My Town Media, Inc., actions were motivated by
defendant Fleming and Loy invidious discriminatory animus against plaintiffs
individually and as members of a protected class and because plaintiffs were engaged
in protected activities.
38. As a direct and proximate result of defendants wrongful actions and conspiracy,
plaintiffs suffered deprivation of their civil rights under the First Amendment to the
United States Constitution.
WHEREFORE, plaintiffs pray the court for judgment against defendant Fleming,
Loy, and My Town Media, Inc., for actual and punitive damages, for plaintiffs costs,
including reasonable attorney fees, and for all other reliefs the court find just and proper.
COUNT TWO
DEFENDANT VIOLATED PLAINTIFFS RIGHTS UNDER 42 U.S.C 1981
39. The above paragraphs are incorporated by reference.

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40. Plaintiffs are members of a private citizen class-based protected group, and plaintiffs
were engaged in protected speech and protected activities under the First Amendment
to the United States Constitution.
41. On February 19, 2015, there was in existence a valid contract between plaintiffs and
defendant My Town Media, Inc. of which defendant Fleming and Loy possessed
knowledge of the existence.
42. By the actions and/or inactions described in the preceding paragraphs, the defendant
Fleming and Loy willfully and intentionally interfere, impede, and brought about the
breach and termination of the existing radio advertisement contract between the
plaintiffs and the defendant My Town Media, Inc.
43. The defendant Fleming, Loy, and My Town Media, Inc., actions was motivated by
defendants invidious discriminatory animus against plaintiffs individually and as
members of a protected class and/or because plaintiffs were engaged in protected
activities.
44. As a direct and proximate cause of the defendants wrongful and intentional
interference with plaintiffs contractual relationship with defendant My Town Media.,
Inc., plaintiffs suffered harm and damages for which they are entitled to recover
compensatory damages from the defendant Fleming and Loy.
WHEREFORE, plaintiffs pray the court for judgment against defendant Fleming,
Loy, and My Town Media, Inc., for actual and punitive damages, for plaintiffs costs,
including reasonable attorney fees, and for all other reliefs the court find just and proper.
COUNT THREE
DEFENDANTS VIOLATED PLAINTIFFS RIGHTS UNDER 42 U.S.C 1983

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45. The above paragraphs are incorporated by reference.


46. Plaintiffs are members of private citizen class-based protected group, and plaintiffs
were engaged in protected speech and activities under the First Amendment to the
United States Constitution.
47. The plaintiffs were exercising their rights under the First Amendment to the United
States Constitution when the defendants acting in concert conspired and used the
color of their public office and position to interfere with, and to cause plaintiffs
signature drive radio advertisement campaign to be withdrawn and pulled off the air,
and their contract with My Town Media, Inc., cancelled.
48. That the defendant Fleming and Loys actions was motivated by defendants
invidious discriminatory animus against plaintiffs individually and as members of a
protected class and because plaintiffs were engaged in protected activities.
49. As a direct and proximate cause of the defendants wrongful and intentional
interference with plaintiffs contractual relationship with defendant My Town Media.,
Inc., the plaintiffs suffered harm and damages for which they are entitled to recover
compensatory damages from the defendant Fleming and Loy.
WHEREFORE, plaintiffs pray the court for judgment against defendant Fleming,
Loy, and My Town Media, Inc., for actual and punitive damages, for plaintiffs costs,
including reasonable attorney fees, and for all other reliefs the court find just and proper.
COUNT FOUR
BREACH OF CONTRACT

50. The above paragraphs are incorporated by reference.

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51. On February 16, 2015, the plaintiffs individually and as member of an unregistered
association entered into a radio advertisement contract with the defendant My Town
Media, Inc., on behalf of, and for the benefit of all plaintiffs.
52. The defendant My Town Media, Inc., promised to create the content and produce a
radio advertisement for plaintiffs signature drive for a grand jury petition; in
exchange the plaintiffs promised to pay defendant its usual and customary charges for
such radio spot for a 30 days run.
53. In addition, the parties agreement imposes the general contractual duties and
obligations, including but not limited to a duty to act in good faith.
54. The plaintiffs have fully performed their obligations under the parties contract by
payment to defendant My Town Media, Inc., in advance, the agreed contract amount.
55. However, the defendant breached the parties contract when it withdrawn and refused
to continue to run plaintiffs signature drive radio campaign after it ran it for just two
days out of the 30 days agreed to in the parties contract.
56. The actions taken and/or not taken by the defendants constitute a breach of contract
under Kansas law.
57. As a result of the defendants breach of the parties agreement the plaintiffs suffered
injury for which they are entitled to recover compensatory damages from the
defendant.
WHEREFORE, the plaintiffs pray the court for judgment against the defendant
My Town Media, Inc., in an amount that is just and reasonable, for their costs, including
reasonable attorney fees, if appropriate, and for all other reliefs the court find just and
proper.

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COUNT FIVE - FRAUD


58. The above paragraphs are incorporated by reference.
59. On February 19, 2015, the defendant Mann while acting within the scope of his
employment and/or as an agent of the defendant My Town Media, Inc., told the
plaintiffs that the FCC ordered them to withdraw and took off the air the plaintiffs
signature drive radio spot airing on defendants radio because the advertisement
violated the FCC rules.
60. The defendant Mann while acting as defendant My Town Media, Inc., employee,
agent and/or ultra ego knew the representation that plaintiffs signature drive
advertisement defendant My Town Media, Inc., created and produced for plaintiffs
violated FCC rules was false and untrue statement at the time he made the statement
and representation to plaintiffs.
61. That the defendant Mann willfully and intentionally made the false and untrue
statement for the purpose of inducing plaintiffs to act upon the representation.
62. That the plaintiffs reasonably relied and acted upon the false and untrue
representation the defendant Mann made to them to their detriment.
63. As a direct and proximate cause of the defendants wrongful actions, the plaintiffs
sustained damages by relying upon the defendant Mann false and untrue
representation.
WHEREFORE, the plaintiffs pray the court for judgment against the defendant
Joe Mann and defendant My Town Media, Inc., pursuant to respondent superior doctrine
in an amount in excess of $75, 000.00, for their costs, for all other reliefs the court find
just and proper.

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COUNT SIX
TORTIOUS INTERFERENCE WITH CONTRACTUAL RELATIONS
64. The above paragraphs are incorporated by reference.
65. On February 19, 2015, there was in existence a valid contract between plaintiffs and
defendant My Town Media, Inc.
66. The defendant Fleming and Loy possessed knowledge of an existing radio
advertisement contract between plaintiffs and defendant My Town Media, Inc.
67. By the actions and/or inactions described in the preceding paragraphs, the defendant
Fleming and Loy willfully and intentionally brought about the breach of the existing
radio advertisement contract between the plaintiffs and the defendant My Town
Media, Inc.
68. The defendant Fleming and Loy have no legal excuse or legal justification to cause
the breach of the existing contract between plaintiffs and My Town Media, Inc.
69. As a direct and proximate cause of the defendants wrongful and intentional
interference with plaintiffs contractual relationship with defendant My Town Media.,
Inc., the plaintiffs suffered harm and damages for which they are entitled to recover
compensatory damages from the defendant Fleming and Loy.
WHEREFORE, the plaintiffs pray the court for judgment against the defendant
Fleming and Loy in an amount in excess of $75, 000.00, for their costs, for all other
reliefs the court find just and proper.

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COUNT SEVEN DEFAMATION


70. The above paragraphs are incorporated by reference.
71. By the actions and/or inactions described in the preceding paragraphs above, the
defendant Fleming made a false and defamatory statement that plaintiffs individually
and as a group are members of Possee Comitatus group, a known violent white
supremacist, right-wing, and anti-government group, when in fact the defendants
knew and/or have reasons to know that the statement is false and untrue.
72. The defendants published and/or communicated the false and defamatory statement to
third persons.
73. The defendant Fleming willfully and intentionally made the false and defamatory
statement with the intent to expose plaintiffs to public hatred, contempt and/or
ridicule.
74. Further, the defendant Fleming willfully and intentionally made the false and
defamatory statement with the intent to deprive plaintiffs of the benefits of public
confidence and social acceptance.
75. As a direct and proximate cause of the defendants wrongful and egregious false
statement, the plaintiffs suffered harm and damages to their individual reputations in
the community.
WHEREFORE, the plaintiffs pray the court for judgment against defendant Lori
Fleming individually and/or severally in an amount in excess of $75,000.00, for their
costs, and for award of all other reliefs the court finds to be just and proper.

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DEMAND FOR JURY TRIAL


Plaintiff demands trial to the jury of all disputed issues in this cause.
Respectfully submitted,
/s/ Adebayo Ogunmeno
Prince Adebayo Ogunmeno KS # 14808
155 S. 18th Street, Suite 250
Kansas City, Kansas 66102-5654
Tel. (913) 233-2133
aikogun@ogunmenolawfirm.com
Attorney for the Plaintiff.

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