Joe L.

Lapp, an individual )
and )
Curtis Crut, an individual )
)
Defendants. )
)

PETITION AND COMPLAINT IN THE NATURE OF A SUIT FOR DEPRIVATION

OF FEDERALLY PROTECTED RIGHTS 42 USC 1983

1. Dwayne Citizen, aggrieved party, petitions this court under authority of 42

USC 1983 for deprivation of federally protected rights inter alia the Fifth and Fourteenth
Amendments of The United States Constitution. Rick Spudd, Jerry Bink, Carlotta Flem,
Margaret Terb, Tom Slur, Karen Carden Dree, Joe L. Lapp, and Curtis Crut, hereinafter,
Rick Spudd et al, with malice and aforethought, conspired, under color of law, to deprive
Dwayne Citizen of liberty and property without due process of law.
2. Beginning about March of 1999, Rick Spudd et al. conspired to prosecute and
did prosecute Dwayne Citizen in criminal proceedings identified as CF-99-888,
Washington County Oklahoma. These "color of law" proceedings were terminated in
favor of Dwayne Citizen. No probable cause was established on record: the putative
probable causes were vitiated by disclosure of instruments which Rick Spudd et al. had
knowledge of which vindicated Dwayne Citizen after their disclosure and after Carlotta
Flem, under oath and testifying in open court, lacked the cunning to perpetrate the fraud
which she had machinated with Jerry Bink, Margaret Terb, Tom Slur, Curtis Crut, Joe L.
Lapp, and Rick Spudd. Records and testimony will verify that Flem, Bink, Terb, Slur,
Lapp, Crut, and Spudd were motivated by purposes other than bringing an offender to
justice. In the context of the disclosures which follow, a jury shall determine that the
conspired to acts of Flem, Bink, Terb, Slur, Lapp, Crut, Dree, and Spudd were malice res
ipsa loquitur.
3. Carlotta Flem's role in the malicious prosecution was an attempt to extort
money from Delmer Citizen by convincing a jury that Dwayne Citizen had uttered false
instruments moving property from Carlotta Flem to Delmer Citizen. The record made in
CF-99-888, Washington County Oklahoma verifies that Carlotta Flem knew this
assertion was false. Had Dwayne Citizen been convicted on false testimony, Carlotta

110
 Flem would have received a sum reasonably in excess of fifty thousand dollars and
( perhaps as much as one hundred fifty thousand dollars.
4. Jerry Bink wrote a title opinion for Ruth Citizen on property which was the res
of the alleged crime in CF-99-888, Washington County Oklahoma, then in direct
contradiction to his purported legal opinion, Mr. Bink sued Delmer Citizen on behalf of
Margaret Terb, sister-in-law of Dwayne Citizen. Ruth Citizen filed a complaint about the
conflict of interest reflecting poorly on the reputation of Jerry Bink. Jerry Bink with
others named in this suit machinated the fraud that Dwayne Citizen had transferred
property to Delmer Citizen which belonged to Carlotta Flem. Jerry Bink gained
financially from fees paid Jerry Bink in a suit that contradicted his own legal opinion.
Jerry Bink sought to benefit from the malicious prosecution of Dwayne Citizen by getting
revenge for casting asperity on the character and professional competence of Jerry Bink.
5. Margaret Terb conspired with Jerry Bink and Carlotta Flem to defraud Ruth
Citizen and Delmer Citizen of property they had purchased from Margaret Terb. Terb,
Bink, and Flem conspired to have Dwayne Citizen prosecuted with a resulting
determination that the property which belonged to Ruth Citizen and Delmer Citizen was
actually Carlotta Flem's through marital estate. Terb, Bink, and Flem knew that Dwayne
Citizen had gone to Colorado to investigate property there. The next day, Carlotta Flem,
then Carlotta Citizen, filed for divorce. Terb, Bink, and Flem attempted to miscast deeds
of title which were rightfully Ruth Citizen's to a consortium which dealt in Carlotta
Flem. The scam was foiled by the conscientious observations of Dwayne Citizen
necessitating Terb, Bink, and Flem "covering their asses" by maliciously prosecuting
Dwayne Citizen. Margaret Terb benefited by the property transaction and would have
benefited at least vicariously if not financially if her sister, Carlotta Flem, and she,
succeeded in the scam.
6. Tom Slur was and is a law partner with Jerry Bink and was and is the assistant
district attorney of Washington County Oklahoma. Tom Slur knew that any action to
prosecute Dwayne Citizen would necessarily need to show a victim of a crime. Since
Delmer Citizen was obviously not victimized by Dwayne Citizen's actions and even if
cast so by Tom Slur would not have abetted the fraud Terb, Maddox, and Flem were
attempting to perpetrate, Slur's assistance in machinating the fraud that property
l,

111
belonging to Delmar Citizen actually belonged in the marital estate benefiting Carlotta
Flem was required. Reasonably and logically, since Jerry Bink and Tom Slur are business
partners, the scam benefited Tom Slur either directly or indirectly.
7. Curtis Crut assisted others named including Margaret Terb, Jerry Bink, and
Tom Slur by acting as a liaison between parities guilty of crimes and investigative and
law enforcement authorities. In other words, Curtis Crut was useful for a cover-up.
Reasonably and logically, Curtis Crut's motive was quid pro quo.
8. Rick Spudd, in prosecuting Dwayne Citizen, was carrying out a vendetta
against Dwayne Citizen. Rick Spudd had literally rustled cattle belonging to Dwayne
Citizen circa 1983. Mr. Spudd, then a private practitioner, prosecuted a foreclosure on a
neighbor of Dwayne Citizen's where cattle belonging to Dwayne Citizen were grazing.
Rick Spudd knew or should have known that the cattle were actually Dwayne Citizen's.
Court records show that Rick Spudd has exhibited a pattern of using process to punish
Dwayne Citizen for foiling Rick Spudd' s original rustling of cattle.
9. Karen Carden Dree, acting as bankruptcy trustee in case no. 98-03653-R,
Northern District of Oklahoma, is still pressing a claim that Carlotta Flem is entitled to
property rightfully owned by Delmer Citizen. Karen Carden Dree is acting under mere
color of law because Karen Carden Dree knows of the outcome of the "trial" of Dwayne
Citizen and knows the claims of Carlotta Flem were confessed as fraud, has a copy of the
contract for Dwayne Citizen to act as Ruth Citizen's agent, and has a copy of the
cancelled check of Ruth Citizen's making. Karen Carden Dree and / or law partners of
Karen Carden Dree wrote the title opinion on the property sold by Delmer Citizen to fund
the purchase of Colorado property Dwayne Citizen was sent to investigate. See article 5
of these pleadings. Records suggest that Karen Carden Dree either knew or should have
known of the nefarious plans of Bink, Terb, and Flem. Regardless, Karen Carden Dree
now knows but still asserts a claim which she knows is false.
10. Joe L. Lapp was Carlotta Flem's divorce attorney. His role in the conspiracy
was to falsely represent to the court that Carlotta Flem's marital estate should include
property belonging to Delmer Citizen. Joe L. Lapp's fee from Carlotta Flem was
contingent on Carlotta Flem perpetrating the fraud that property belonging to Delmar
Citizen belonged in the marital estate of Carlotta Flem.

112
 11. As no reasonable theory of apportionment arises, the defendants should be
/
considered jointly and severally liable.
12. A jury's determination that Dwayne Citizen was deprived of federally
protected rights caused by any or all of the defendants warrants a jury's determination of
damages together with the costs of bringing this action.
13. Determination by the court that any of the defendants conspired to commit
fraud warrants remand to other authority for inquiry into criminal charges.
14. Ajury's determination that any or all of the defendants' acts were scandalous,
outrageous, and an affront to public policy justly requires punitive and exemplary
damages sufficient so as to be instructional to parties found guilty to effect correction of
their bad behavior.

JURy TRIAL DEMANDED

Prepared and submitted by:

Dwayne Citizen
Route 2, Box 1481
River City, Oklahoma 740000
(918) 555-1212

AFFIDAVIT OF

I, Dwayne Citizen, of lawful age and competent to testify, after having

been duly sworn, state as follows:
1. About 1983, Rick Spudd took my cattle without authorization or judicial
determination. Before the matter of Rick Spudd's theft of my cattle was
resolved, Rick Spudd conspired with others to force me to submit to a body
search in which I was forced to undress. In connection with this same
occurrence, Rich Spudd influenced a judge to file "bail jumping" charges
against me where records show that I was neither under indictment nor on
trial.
.'".

2. I was prosecuted by Rick Spudd in 1999. I was acquitted.

113
 3. Had Rick Spudd's 1999 prosecution of me been successful, Carlotta Flem and
others who conspired with her would have gotten away with fraud.
4. As a result of the prosecution which ended in my acquittal, I have been
damaged financially, socially, and emotionally.

Dwayne Citizen
STATE OF OKLAHOMA INDIVIDUAL ACKNOWLEDGMENT
COUNTY OF WASHINGTON Oklahoma Form

Before me, the undersigned, a Notary Public in and for said County and State on
this __ day of , 2002, personally appeared _
to me known to be the identical person who executed the within and foregoing instrument
and acknowledged to me that he executed the same as his free and voluntary act.
Given under my hand and seal the day and year last above written.
My commission expires _
_ Notary Public

Performa for a suit for denial of remedy

IN THE UNTED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF OKLAHOMA

Kenney Kincaid, )
and )
Colleen Kincaid, a married couple )
)
Plaintiffs, )
)
Vl. ) No. 02-CV-300-B(M)
)
William W. Spinalie, an individual, )
and )
Johnny Butzly, an individual, )

114