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Case 3:11-cv-00145-HRH Document 1

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Ben Latham P.O. Box 100014 Anchorage, Alaska Zip. 99510 Phone 907-980-4109

JUL 2 J ?Oil

etc:'"

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA


BEN LATHAM Plaintiff, vs.
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Alaska's Governor Sarah Palin Alaska's Attorney General Talis Colberg Defendants. Supreme Court No. S-13526 Superior Court No. 3AN-08-12168CI District Court Case 3AN-M02-8722CR

) Case No.
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:3 'II ct) . 001L( 5~ (-

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COMPLAINT
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FOR COMPENSATORY AND PUNITIVE DAMAGES DECLARATORY JUDGMENT AND INJUNCTIVE RELIE
42 U.S.C. 1983

Comes Now Plaintiff, Ben Latham Pro Per, and allege as follows: NATURE OF THE ACTION This is an action to recover damages and other relief under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S.C. 388 (1971); 42 U.S.C. 1983; and state law.

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Case 3:11-cv-00145-HRH Document 1


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The claims arise from the acts and failure to act by


Alaska's Governor Sarah Palin and Alaska's Attorney General
Talis Colberg. By filing this Complaint, it is Plaintiffs'

intent, to provide defendants notice and to seek recovery from defendants for all of defendants' culpable conduct based upon

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all relevant causes of action as applicable under state and


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federal law, including all statutory, constitutional, and common


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law.

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I. PARTIES

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1.

Plaintiff, Ben Latham was harmed,

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being harmed, and

will continue to be harmed, by defendants' culpable conduct as set out herein. Plaintiff is and at all times herein is a

citizen of the United States of America, and the State of Alaska, and is a party to this action by virtue of his status as an illegally convicted criminal defendant, convicted by either the State of Alaska or the Municipality of Anchorage, for the following criminal convictions: State of Alaska 3PA-86-1986 Cr., and in State of Alaska 5044Cr., and in State of Alaska vs. Ben Latham

vs. Ben Latham 3AN-94

vs. Ben Latham 3AN--96-7123Cr.,

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and in State of Alaska


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vs. Ben Latham 3AN-98-10734Cr., and in

State of Alaska vs. Ben Latham 3AN-05-745Cr., and in State of


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Case 3:11-cv-00145-HRH Document 1


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State of Alaska vs. Ben

Alaska vs. Ben Latham 3AN-05-6218Cr., an in

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vs. Ben Latham 3AN-05-6593Cr., and in State of Alaska

Latham 3AN-05-10100Cr., and in State -------------"--'---------'....:...:....:. of Alaska vs. Ben Latham 3AN-07-14232Cr., and in State of Alaska 01320CR., and In State of Alaska vs. Ben Latham 3KN-85

vs. Ben Latham 3KN-97 vs. Ben Latham 3SW-00-00225CR.

00934CR., and in State of Alaska


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and in Municipality of Anchorage vs. Ben Latham 3AN-M02-8722Cr.,


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and in Municipality of Anchorage vs. Ben Latham 3AN-03-4860Cr.,


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and in Municipality of Anchorage vs. Ben Latham 3AN-06-5648Cr. In State of Alaska vs. Ben Latham 3AN-05-10100Cr.,

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Plaintiff Ben Latham is still on informal Probation for 4 years From July 18, 2008 until July 18, 2012 from the above Unconstitutional State criminal convictions. In Municipality of Anchorage vs. Ben Latham 3AN-M02-8722Cr. Plaintiff Ben Latham, is still on informal Probation for 5 years From March 2, 2011 until March 2, 2016 from the above Unconstitutional Municipal criminal Conviction.

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2.
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Defendant Governor Sarah Palin is collectively

referred to herein as "Palin" at the time of these actions


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complained of herein was a resident of the State of


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Alaska and/or acting in a culpable fashion in the State of


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Alaska, so as to subject her to the jurisdiction of this Court

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and was Alaska's Governor a State government by virtue of the Alaska Statehood Act of 1959, and Alaska Statute 44.19.010, and Alaska Statute 44.80.010, and Alaska Statute 44.17.005, and Art. III Sec. 1 and Art. III Sec. 24 of the Alaska Constitution, is

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a party to this action by virtue of her oversight, funding, and


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general control of the defendant Alaska's Attorney General Talis


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Colberg, and by certain onerous conduct, while acting Personally


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and while acting under the color of State and Federal Law and 42
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U.S.C. 1983, which has, does, and will continue to result in


irreparable harm and injury to Plaintiff Ben Latham and his constitutional protective rights, and further, result in

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grievous legal consequences being vested upon Plaintiff, without just cause. Governor Palin the defendant is further a party to

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this action under the common law doctrine of respondent superior for certain causes of action brought herein involving negligence and general malfeasance which has effected individually.
Plain~iff

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Governor Palin owed a fiduciary duty to innocent

persons such as Plaintiff Ben Latham, she was required to not encourage Alaska's Attorney General Talis Colberg the defendant,

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to engage in illegal, unconstitutional, unethical, reckless, and


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negligent conduct, and not to allow or encourage her agents to


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do so.
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Governor Palin is sued in her official capacity as the

Governor of the State of Alaska and in her individually capacity

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as the Governor of the State of Alaska and under color of State and Federal Law and 42 U.S.C. 1983.

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3.

Defendant Alaska's Attorney General Talis Colberg

is collectively referred to herein as "Colberg U and at the time of these actions complained of herein was a resident of the State of Alaska and/or acting in a culpable fashion in the State of Alaska, so as to subject him to the jurisdiction of this Court. Colberg the former Attorney General for the State of

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Alaska is further a party to these actions pursuant to AS 44.23.020., and as the Attorney General for the State of Alaska, Colberg owed a fiduciary duty to innocent persons such as Plaintiff Ben Latham, and for Colberg not to engage in illegal,

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unconstitutional, unethical, reckless, and negligent conduct,


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and not to allow or encourage his Governor Sarah Palin and


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agents to do so.

Talis Colberg is sued in his official capacity

as the Attorney General for the State of Alaska and Colberg is sued in his individually capacity as the Attorney General for the State of Alaska and under color of State and Federal Law and 42 U.S.C. 1983.

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II. JURISDICTION
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4.

The jurisdiction of this Court is invoked pursuant to

28 U.S.C. 1343(a) (3), 1331, 1334, 1367, in light of claimed

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violations of 42 U.S.C. 1983 rights, et seq.; Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S.C. 388(1971), and state law.

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5.

Venue is appropriate in the District of Alaska

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because all of the events complained of occurred in this District, Plaintiff resided in this district at the time of the matters complained of, and both Defendants resided in this District. See, 28 U.S.C. 1391 (b) (1).

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III. FACTS
6.

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On December 13, 2006 Talis Colberg took office as the

Attorney General for the State of Alaska, as Governor Palin appointed him.

7.

After December 14, 2006 when the Attorney General for

the State of Alaska Colberg was in office, he personally informed Governor Sarah Palin, that pursuant to the Alaska Constitution and the Federal Constitution, and his oath of office that he took, and pursuant to the Alaska Rules of Professional Conduct 1.4 Communication, he was required to explain to Governor Palin as her Legal advisor for the State of Alaska, that it was the everyday Standing Operating Policy and
Procedures of the Alaska Department of Law Prosecutors office

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and all Municipal Prosecutors office throughout the State of Alaska to illegally accuse and/or charge Alaska residents of any criminal act that was prosecuted under Title 11 of the Alaska Statutes and/or under Municipal Code and to illegally convict that Person that was subjected to the jurisdiction of the State

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of Alaska or a Municipality within the State of Alaska when the


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State of Alaska and any Municipalities within the State of


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Alaska lost all and/or any Jurisdiction over that Alaska


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resident, and that Colberg had signed an Affidavit with the Alaska Bar Association under Alaska Bar Rule 64 and was required to explain to Governor Palin, that in 1995 when Alaska's Governor Tony Knowles was in office, under Authority of Art. III Sec. 18 of the Alaska Constitution he introduced Sla. 1995 Ch. 79 Section 1-36 (hereinafter HB 201 of 1995) to the Alaska Legislature, and on the Floor of the House, Brian Porter changed the Governors Bills intent, regarding, Plea Agreements, Sentence Appeals, and Post-Conviction Relief Applications and Writ of Habeas Corpus, and the entire bill of HB 201 of 1995, was ran retroactive under section 41, and by the passage of HB 201 of

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1995, Governor Knowles voided out any and all Alaska Criminal
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Convictions and all Municipal Criminal Convictions, that accrued


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on, before and after the enactment of the act which was July 1,
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1995. See, Sla. 1995 Ch. 79 Sec. 1-45.

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8.

Talis Colberg went further and explained to Governor

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Palin that pursuant to the Alaska Constitution and the oath of office that Governor Palin took as Alaska's Governor, and under the Authority of Art. III Sec. 18 of the Alaska Constitution, Governor Palin was required to direct the Alaska Legislature to

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repeal House Bill 201 of 1995, and at the same time for him,
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Talis Colberg to be directed by Governor Palin to change the


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everyday operational Standing Operating Policy and Procedures of


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the Alaska Department of Law Prosecutors office and all Municipal Prosecutors office to change their day to day standing operating Policy and Procedures and to stop illegally charging and/or Convicting Criminal Defendants that are Alaska Residents and/or United States of America Citizens.

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9.
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After December 14, 2006 Governor Palin then directed

and ordered Talis Colberg the Attorney General for the State of Alaska under Authority of Art. III Section 1 and Art. III Sec. 22 and Art. III Sec. 24 of the Alaska Constitution, for him Talis Colberg to direct all State Prosecutors' offices and branches of the Alaska Department of Law and all Municipal Prosecutors' offices, for them to stop arguing in all Criminal and Civil cases and Appeals and Law suits against the state of Alaska that House Bill 201 of 1995 was constitutional and argue that House Bill 201 of 1995 was in fact Punitive Ex Post Facto

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Prohibited Laws and are unconstitutional.

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10.

After December 14, 2006 both Defendant's Governor

Palin and Talis Colberg, both of them personally and/or in their official capacities and in their individually capacities, deliberately and intentionally and with personal and total disregard for their oath of offices and Plaintiff's Alaska and Federal Constitutional protected Rights, denied Plaintiff Ben Latham his equal protection Rights and his Due Process Rights under color of State and Federal Law, and under 42 U.S.C. 1983, by refusing to change the non-discretionary daily Standing operating Policies and Procedures of the Alaska Department of Law and Prosecutors office and all Municipal Prosecutors'

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offices throughout the State of Alaska and leave all illegal


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Alaska criminal Convictions intact.


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11.

In Latham's Criminal case 3AN-M02-8722CR, Latham

filed a notice of Appeal to the Alaska Superior Court in Civil Case 3AN-03-8947CI, and Latham was appointed Appellate Counsel, "Richard Kibby" Alaska Bar Number 8006024 and on August 17, 2006

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Latham's Appeal was dismissed in the Alaska Superior Court


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because Latham's Attorney "Richard Kibby" failed to file an


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opening brief by June 12, 2006.


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The Alaska Court of Appeals

denied Latham Appeal and the Alaska Supreme Court denied

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Latham's Appeal.

Latham was denied effective Assistance of

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counsel on Direct Appeal in violation of Latham Six Amendment Right to the United States Constitution and Pursuant to Art. 1 Sec. 11 of the Alaska Constitution. See, 3AN-11-8943CI.

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12.

On August 2, 2010 a remand hearing was held in the

Anchorage District Court for Plaintiff Latham to serve a year in Prison, in criminal case 3AN-M02-8722CR.

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13.

On August 2, 2010

Plaintiff Ben Latham in his

underline Criminal case 3AN-M02-8722CR filed a Petition for Writ of Habeas Corpus in the Anchorage Superior Court in civil Case 3AN-10-9508CI.

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As a direct and proximate result of the Defendants'

negligent, unreasonable, reckless, actionable, willful,


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recklessly indifferent, and/or otherwise culpable conduct on August 3, 2010 Plaintiff Ben Latham was remanded into the Custody of the Alaska Department of Corrections to serve a Year in Prison in criminal case 3AN-M02-8722CR.

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In Ben Latham's Petition for writ of Habeas Corpus

that he filed on August 2, 2010 from his underline criminal


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conviction in case 3AN-M02-8722Cr.


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On September 21, 2010

Anchorage Superior Court Judge Frank A. Pfiffner wrote a sua

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Case 3:11-cv-00145-HRH Document 1


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sponte Order in Civil case Ben Latham v. Joseph Schmidt Commissioner of the Alaska Department of Corrections 3AN-I0 9508CI stating that Petitioners Petition for writ of Habeas Corpus was a request for Post-Conviction Relief under Alaska Statute AS 12.72.010-12.72.040 and criminal Rule 35.1.

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16.

On September 27, 2010 Petitioner Ben Latham

responded to Judge Pfiffner order in a twenty one page response stating that Alaska Statute AS 12.72.010-12.72.040 and criminal Rule 35.1 were in fact Punitive Ex Post facto Prohibited Laws and Statutes that were passed in the same Legislation of House Bill 201 of 1995, Sla 1995 Ch. 79 Sec. 9, 41, 45, and that House

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Bill 201 of 1995 violated Art l. Sec. 15 of the Alaska


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Constitution and it also violated Art. 1 Sec. 9 Ch. 3 of the


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United States Constitution and that Petitioners underline


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criminal conviction in case 3AN-M02-8722Cr is a void Judgment.


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17.

On December 13, 2010 Anchorage Superior Court Judge

Frank A. Pfiffner wrote a sua sponte Order denying Petitioners Objection of the Courts Order Directing Petitioner to re-file

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his Petition for Writ of Habeas Corpus as a Post-Conviction


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Relief Application under AS 12.72.010-12.72.040 and Criminal


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Rule 35.1, Alaska Civil Rule 77(K), Judge Pfiffner in his order
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stated

that

Pursuant

to

Alaska

Civil

Rule

86(m) and

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AS 12.72.010-12.72.040 and the ruling in Hertz v. State, 8 P.3d 1144 (Alaska App. 2000) Petitioners objection was denied.

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On December 27, 2010 Petitioner Latham filed his

Motion for Reconsideration of Petitioners Objection of the


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Courts Order Directing Petitioners to re-file his Petition for


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Writ of Habeas Corpus as a Post-Conviction Relief Application


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under AS 12.72.010-12.72.040 and Criminal Rule 35.1, Alaska

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Civil Rule 77(K).

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On January 4, 2011 Judge Pfiffner denied Petitioners

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Motion for Reconsideration of Petitioners Objection of the


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Courts Order Directing Petitioners to re-file his Petition for


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Writ of Habeas Corpus as a Post-Conviction Relief Application


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under AS 12.72.010-12.72.040 and Criminal Rule 35.1.


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20.

On March 2, 2011 after completing a year in prison

Plaintiff Ben Latham was released from custody from the Alaska Department of Corrections in Criminal case 3AN-M02-8722CR., and was placed on five years of unconditional probation.

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21.

On September 21, 2010 and on December 13, 2010 and Anchorage Superior Court Judge Frank A.

on January 4, 2011.,

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Pfiffner abolished the Alaska and Federal Writ of Habeas Corpus

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Statute pursuant to AS 12.75.010-230 and 28 U.S.C. 2254 and


pursuant to Art. 1 Sec. 13 of the Alaska Constitution and
Art 1 sec. 9 Ch. 2 of the United States Constitution.

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22.

On April 29, 2011 the Alaska Court of Appeals

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Dismissed Plaintiff's Petition for a Hearing pursuant to


Appellate Rule 521(2) in civil case A-10952 Ben Latham
vs. Joseph Schmidt Commissioner of the Alaska Department of
Corrections.

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23.

On May 11, 2011 Plaintiff Ben Latham filed a Petition

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for a Hearing in the Alaska Supreme Court in case number S-14311 to Appeal the Alaska Court of Appeals decision dismissing Plaintiff's petition for Review in case number A-10952, and Plaintiff argued that Appellate Rule 521(2) is unconstitutional since it was passed in the same legislation of Sla 1995 Ch. 79 Sec. 21, 41, 45, of House Bill 201 of 1995.

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On May 11, 2011 the Alaska Court System reclassified

and changed the Jurisdiction of Latham's Petition for Writ of Habeas Corpus from the Superior Court to a Post-Conviction Relief Application in the District Court in Civil Case 3AN-10 9508CI, and also changed the Judge that was assigned to his case from Superior Court Judge Frank A. Pfiffner to District Court Judge Pamela Scott Washington.

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25.

On June 14, 2011 the Alaska Court of Appeals amended

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Its April 29, 2011 Order, and denied Plaintiffs Petition for
Review.

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As a direct and proximate result of the defendants

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aforesaid culpable conduct, negligence and/or recklessness, and violation of Plaintiffs'

u.s.

Constitutional rights, result of

the defendants actions, Plaintiff has suffered and will suffer mental suffering and physical and emotional pain and suffering and loss of enjoyment of life.

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27.

The above-described actions of Governor Palin and

Colberg violated the rights of Plaintiff Latham to be free from illegal convictions and sentences and to be free from unreasonable search and seizures of his person and body, guaranteed by Art. 1 Sec. 1 and Art. 1 Sec. 7 and Art. 1 Sec. 22 of the Alaska constitution and the Fourth, and Fourteenth Amendment to the United States Constitution when on August 3, 2010 Plaintiff Latham's body was seized by the State of Alaska and the Municipality of Anchorage, and the Alaska Court System

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and the Alaska Department of Corrections when Latham was


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remanded into custody in criminal case 3AN-M02-8722CR to serve a


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Year in Prison, when House Bill 201 of 1995 are Punitive Ex Post
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Facto Prohibited Laws and Rules of Court in violation of Art 1

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Sec. 15 of the Alaska Constitution and pursuant to Art 1 Sec. 9 Ch. 3 of the United States Constitution.

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28.

As a direct and proximate result of Defendants'

Palin

and Colberg and their negligent, unreasonable, reckless, actionable, willful, recklessly indifferent, and/or otherwise culpable conduct the following illegal Criminal and Civil Statutes and Rules of Court remain intact, Sla. 1995 Ch. 79 Sec. 9, 41, and 45 that are Punitive Ex Post Facto Prohibited Laws and Rules of Court, in violation of Art 1 Sec. 15 of the Alaska Constitution and pursuant to Art 1 Sec. 9 Ch. 3 and Art. 1 Sec. 10 of the United States Constitution.

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29.

As a direct and proximate result of Defendants' Palin

and Colberg and their negligent, unreasonable, reckless, actionable, willful, recklessly indifferent, and/or otherwise culpable conduct the following illegal Criminal and Civil

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Statutes and Rules of Court remain intact, Sla. 1995 Ch. 79 Sec. 7, 8, 41, and 45 that are Punitive Ex Post Facto Prohibited Laws and Rules of Court, in violation of Art 1 Sec. 15 of the Alaska Constitution and pursuant to Art 1 Sec. 9 Ch. 3 and Art. 1 Sec.

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10 of the United States Constitution.


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30.

As a direct and proximate result of Defendants' Palin

and Colberg and their negligent, unreasonable, reckless,

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actionable, willful, recklessly indifferent, and/or otherwise culpable conduct the following illegal Criminal and Civil

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Statutes and Rules of Court remain intact, Sla. 1995 Ch. 79 Sec. 10, 41, and 45 that are Punitive Ex Post Facto Prohibited Laws and Rules of Court, in violation of Art 1 Sec. 15 of the Alaska

Constitution and pursuant to Art 1 Sec. 9 Ch. 3 and Art. 1 Sec.


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10 of the United States Constitution.


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31.

As a direct and proximate result of Defendants'

Palin

and Colberg and their negligent, unreasonable, reckless, actionable, willful, recklessly indifferent, and/or otherwise culpable conduct the following illegal Criminal and Civil

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Statutes and Rules of Court remain intact, Sla. 1995 Ch. 79 Sec. 11, 41, and 45 that are Punitive Ex Post Facto Prohibited Laws and Rules of Court, in violation of Art 1 Sec. 15 of the Alaska Constitution and pursuant to Art 1 Sec. 9 Ch. 3 and Art. 1 Sec. 10 of the United States Constitution.

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32.
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As a direct and proximate result of Defendants' Palin

and Colberg and their negligent, unreasonable, reckless,


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actionable, willful, recklessly indifferent, and/or otherwise


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culpable conduct
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the following illegal Criminal and Civil

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Statutes and Rules of Court remain intact, Sla. 1995 Ch. 79 Sec.

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12, 41, and 45 that are Punitive Ex Post Facto Prohibited Laws
and Rules of Court, in violation of Art 1 Sec. 15 of the Alaska Constitution and pursuant to Art 1 Sec. 9 Ch. 3 and Art. 1 Sec. 10 of the United States Constitution.

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33.

As a direct and proximate result of Defendants' Palin

and Colberg and their negligent, unreasonable, reckless, actionable, willful, recklessly indifferent, and/or otherwise culpable conduct the following illegal Criminal and Civil

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Statutes and Rules of Court remain intact, Sla. 1995 Ch. 79 Sec. 17, 41, and 45 that are Punitive Ex Post Facto Prohibited Laws and Rules of Court, in violation of Art 1 Sec. 15 of the Alaska Constitution and pursuant to Art 1 Sec. 9 Ch. 3 and Art. 1 Sec.

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10 of the United States Constitution.


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34.

As a direct and proximate result of Defendants' Palin

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and Colberg and their negligent, unreasonable, reckless, actionable, willful, recklessly indifferent, and/or otherwise culpable conduct the following illegal Criminal and Civil

Statutes and Rules of Court remain intact, Sla. 1995 Ch. 79 Sec. 18, 41, and 45 that are Punitive Ex Post Facto Prohibited Laws

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and Rules of Court, in violation of Art 1 Sec. 15 of the Alaska


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Constitution and pursuant to Art 1 Sec. 9 Ch. 3 and Art. 1 Sec.


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10 of the United States Constitution.


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35.

As a direct and proximate result of Defendants' Palin

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and Colberg and their negligent, unreasonable, reckless,


actionable, willful, recklessly indifferent, and/or otherwise
culpable conduct the following illegal Criminal and Civil

Statutes and Rules of Court remain intact, Sla. 1995 Ch. 79 Sec.
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20, 41, and 45 that are Punitive Ex Post Facto Prohibited Laws
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and Rules of Court, in violation of Art 1 Sec. 15 of the Alaska


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Constitution and pursuant to Art 1 Sec. 9 Ch. 3 and Art. 1 Sec.


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of the United States Constitution.

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36.

As a direct and proximate result of Defendants' Palin

and Colberg and their negligent, unreasonable, reckless, actionable, willful, recklessly indifferent, and/or otherwise culpable conduct the following illegal Criminal and Civil

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Statutes and Rules of Court remain intact, Sla. 1995 Ch. 79 Sec. 21, 41, and 45 that are Punitive Ex Post Facto Prohibited Laws and Rules of Court, in violation of Art 1 Sec. 15 of the Alaska Constitution and pursuant to Art 1 Sec. 9 Ch. 3 and Art. 1 Sec. 10 of the United States Constitution.

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37.

As a direct and proximate result of Defendants' Palin

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and Colberg and their negligent, unreasonable, reckless, actionable, willful, recklessly indifferent, and/or otherwise culpable conduct the following illegal Criminal and Civil

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Statutes and Rules of Court remain intact, Sla. 1995 Ch. 79 Sec. 24, 41, and 45 that are Punitive Ex Post Facto Prohibited Laws and Rules of Court, in violation of Art 1 Sec. 15 of the Alaska Constitution and pursuant to Art 1 Sec. 9 Ch. 3 and Art. 1 Sec. 10 of the United States Constitution.

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38.
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As a direct and proximate result of Defendants' Palin

and Colberg and their negligent, unreasonable, reckless,


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actionable, willful, recklessly indifferent, and/or otherwise culpable conduct the following illegal Criminal and Civil Statutes and Rules of Court remain intact, Sla. 1995 Ch. 79 Sec. 27, 41, and 45 that are Punitive Ex Post Facto Prohibited Laws and Rules of Court, in violation of Art 1 Sec. 15 of the Alaska Constitution and pursuant to Art 1 Sec. 9 Ch. 3 and Art. 1 Sec. 10 of the United States Constitution.

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39.

As a direct and proximate result of Defendants' Palin

and Colberg and their negligent, unreasonable, reckless, actionable, willful, recklessly indifferent, and/or otherwise Culpable conduct the following illegal Criminal and Civil

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Statutes and Rules of Court remain intact, Sla. 1995 Ch. 79 Sec.
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32, 33, 34, 35, 36, 37, 38, 40, 41, and 45 that are Punitive Ex
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Post Facto Prohibited Laws and Rules of Court, in violation of

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Art 1 Sec. 15 of the Alaska Constitution and pursuant to Art 1 Sec. 9 Ch. 3 and Art. 1 Sec. 10 of the United States Constitution.

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40.

As a direct and proximate result of Defendants' Palin

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and Colberg and their negligent, unreasonable, reckless, actionable, willful, recklessly indifferent, and/or otherwise culpable conduct the following illegal Criminal and Civil

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Statutes and Rules of Court remain intact, Sla. 1995 Ch. 79 Sec. 41, 42, 43, 44 and 45 that are Punitive Ex Post Facto Prohibited

Laws and Rules of Court, in violation of Art 1 Sec. 15 of the Alaska Constitution and pursuant to Art 1 Sec. 9 Ch. 3 and Art. 1 Sec. 10 of the United States Constitution.

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41.
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As a direct and proximate result of Defendants' Palin

and Colberg and their negligent, unreasonable, reckless, actionable, willful, recklessly indifferent, and/or otherwise culpable conduct the following illegal Criminal and Civil Statutes and Rules of Court remain intact, Sla. 1995 Ch. 79 Sec. 9, 41, and 45 that violate Plaintiffs Equal Protection Rights

and his Due Process Rights under the Alaska Constitution and under the Fourteenth Amendment to the United States Constitution.

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Palin

42.

As a direct and proximate result of Defendants'

2 3

and Colberg and their negligent, unreasonable, reckless, actionable, willful, recklessly indifferent, and/or otherwise culpable conduct the following illegal Criminal and Civil Statutes and Rules of Court remain intact, Sla. 1995 Ch. 79 Sec. 7, 8, 41, and 45 that violate Plaintiffs Equal Protection Rights

4
5

6
7

and his Due Process Rights under the Alaska Constitution and
8

under the Fourteenth Amendment to the United States


9
10
11

Constitution.

43.

As a direct and proximate result of Defendants' Palin

12

and Colberg and their negligent, unreasonable, reckless, actionable, willful, recklessly indifferent, and/or otherwise

13
14

culpable conduct
15

the following illegal Criminal and Civil

Statutes and Rules of Court remain intact, Sla. 1995 Ch. 79 Sec.
16

10, 41, and 45 that violate Plaintiffs Equal Protection Rights


17 18 19

and his Due Process Rights under the Alaska Constitution and under the Fourteenth Amendment to the United States Constitution.

20
21

22

44.

As a direct and proximate result of Defendants'

Palin

23
24 25

and Colberg and their negligent, unreasonable, reckless, actionable, willful, recklessly indifferent, and/or otherwise culpable conduct the following illegal Criminal and Civil

21

Case 3:11-cv-00145-HRH Document 1


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Statutes and Rules of Court remain intact, Sla. 1995 Ch. 79 Sec.
2

11, 41, and 45 that violate Plaintiffs Equal Protection Rights


and his Due Process Rights under the Alaska Constitution and
under the Fourteenth Amendment to the United States
Constitution.

6
7

8
9 10
11

45.

As a direct and proximate result of Defendants' Palin

and Colberg and their negligent, unreasonable, reckless, actionable, willful, recklessly indifferent, and/or otherwise culpable conduct the following illegal Criminal and Civil

12 13

Statutes and Rules of Court remain intact, Sla. 1995 Ch. 79 Sec. 12, 41, and 45 that violate Plaintiffs Equal Protection Rights

14

and his Due Process Rights under the Alaska Constitution and
15

under the Fourteenth Amendment to the United States


16

Constitution.
17

18
19
20

46.

As a direct and proximate result of Defendants' Palin

and Colberg and their negligent, unreasonable, reckless, actionable, willful, recklessly indifferent, and/or otherwise culpable conduct the following illegal Criminal and Civil

21 22 23

Statutes and Rules of Court remain intact, Sla. 1995 Ch. 79 Sec. 17, 41, and 45 that violate Plaintiffs Equal Protection Rights and his Due Process Rights under the Alaska Constitution and

24
25

22

Case 3:11-cv-00145-HRH Document 1


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Filed 07/20/11 Page 23 of 32

under the Fourteenth Amendment to the United States Constitution.

2
3

4
5

47.

As a direct and proximate result of Defendants'

Palin

and Colberg and their negligent, unreasonable, reckless, actionable, willful, recklessly indifferent, and/or otherwise culpable conduct the following illegal Criminal and Civil Statutes and Rules of Court remain intact, Sla. 1995 Ch. 79 Sec. 18, 41, and 45 that violate Plaintiffs Equal Protection Rights and his Due Process Rights under the Alaska Constitution and under the Fourteenth Amendment to the United States Constitution.

6
7 8

9
10
11

12 13

14
15 16 17

48.

As

direct and proximate result of Defendants' Palin

and Colberg and their negligent, unreasonable, r8ckless, actionable, willful, recklessly indifferent, and/or otherwise culpable conduct the following illegal Criminal and Civil Statutes and Rules of Court remain intact, Sla. 1995 Ch. 79 Sec. 20, 41, and 45 that violate Plaintiffs Equal Protection Rights and his Due Process Rights under the Alaska Constitution and under the Fourteenth Amendment to the United States

18
19

20
21

22

Constitution.
23

24
25

49.

As a direct and proximate result of Defendants'

Palin

23

Case 3:11-cv-00145-HRH Document 1


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and Colberg and their negligent, unreasonable, reckless,


actionable, willful, recklessly indifferent, and/or otherwise
culpable conduct the following illegal Criminal and Civil

2
3 4

Statutes and Rules of Court remain intact, Sla. 1995 Ch. 79 Sec. 21, 41, and 45 that violate Plaintiffs Equal Protection Rights and his Due Process Rights under the Alaska Constitution and

5 6 7

under the Fourteenth Amendment to the United States


8

Constitution.
9
10
11

50.

As a direct and proximate result of Defendants'

Palin

12 13 14
15

and Colberg and their negligent, unreasonable, reckless, actionable, willful, recklessly indifferent, and/or otherwise culpable conduct the following illegal Criminal and Civil

Statutes and Rules of Court remain intact, Sla. 1995 Ch. 79 Sec. 24, 41, and 45 that violate Plaintiffs Equal Protection Rights and his Due Process Rights under the Alaska Constitution and under the Fourteenth Amendment to the United States Constitution.

16 17 18 19 20 21

51.
22

As a direct and proximate result of Defendants'

Palin

and Colberg and their negligent, unreasonable, reckless,


23

actionable, willful, recklessly indifferent, and/or otherwise


24

culpable conduct
25

the following illegal Criminal and Civil

24

Case 3:11-cv-00145-HRH Document 1


1 2 3

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Statutes and Rules of Court remain intact, Sla. 1995 Ch. 79 Sec. 27, 41, and 45 that violate Plaintiffs Equal Protection Rights and his Due Process Rights under the Alaska Constitution and under the Fourteenth Amendment to the United States Constitution.

4 5
6 7

52.
8

As a direct and proximate result of Defendants' Palin

and Colberg and their negligent, unreasonable, reckless,


9

10

actionable, willful, recklessly indifferent, and/or otherwise culpable conduct the following illegal Criminal and Civil

11
12
13

Statutes and Rules of Court remain intact, Sla. 1995 Ch. 79 Sec. 32, 33, 34, 35, 36, 37, 38, 40, 41, and 45 that violate Plaintiffs Equal Protection Rights and his Due Process Rights under the Alaska Constitution and under the Fourteenth Amendment to the United States Constitution.

14
15

16 17 18 19 20
21

53.

As a direct and proximate result of Defendants' Palin

and Colberg and their negligent, unreasonable, reckless, actionable, willful, recklessly indifferent, and/or otherwise culpable conduct the following illegal Criminal and Civil

22

Statutes and Rules of Court remain intact, Sla. 1995 Ch. 79 Sec.
23

41, 42, 43, and 44 that violate Plaintiffs Equal Protection


24

25

Rights and his Due Process Rights under the Alaska Constitution

25

Case 3:11-cv-00145-HRH Document 1


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and under the Fourteenth Amendment to the United States Constitution.

2
3
4

IV. CLAIMS FOR RELIEF


Plaintiff hereby incorporate paragraphs 1 through 53 above as though fully set forth herein and make the following claims:

5
6

COUNT ONE
9

10
11

(Bivens Action against Governor Palin and Attorney General Colberg Defendant's violation of Latham's Due Process Rights Art 1 sec. 7 of the Alaska Constitution and the Fourteenth Amendment to the United States Constitution)

12

13

54.
14

The above described actions of Governor Palin and

Attorney General Colberg violated the rights of Plaintiff by


15

having unconstitutional Laws, statutes and Rules of Court in


16 17 18 19
20

effect that denied Plaintiff Ben Latham his Due Process Rights by being falsely incarcerated for a Year in Prison and then being illegally placed on Probation for Five Years in violation of Art. 1 Sec. 7 of the Alaska Constitution and the Fourteenth Amendment.Right to the United States Constitution.

21

22
23 24 25

V. CLAIMS FOR RELIEF Plaintiff hereby incorporate paragraphs 1 through 54 above as though fully set forth herein and make the following claims:

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COUNT TWO
(Bivens Action Against Governor Palin and Attorney General Colberg Defendant's Violation of Latham's Art. 1 Sec. 14 and Fourth Amendment Rights)

3
4

5
6 7 8

55.

The above described actions of Governor Palin and

Attorney General Colberg violated the rights of Plaintiff by having Punitive Ex Post Facto Prohibited Laws and Rules of Court in effect that denied Plaintiff to be free from unreasonable Searches and seizures, guaranteed by Art 1 sec. 14 of the Alaska Constitution and the Fourth Amendment to the United States

10
11

Constitution.
12
13
14

VI. CLAIMS FOR RELIEF


Plaintiff hereby incorporate paragraphs 1 through 55 above as though fully set forth herein and make the following claims:

15 16 17 18 19 20

COUNT THREE
(Bivens Action Against Governor Colberg Defendant's Violation of Constitution and Pursuant to Art. 1 Ch. 10 of the United Palin and Attorney General Art 1 Sec. 15 of the Alaska Art. 1 Sec. 9 Ch. 3 and States Constitution.)

21

56.
22

The above described actions of Governor Palin and

Attorney General Colberg violated the rights of Plaintiff by


23

having Punitive Ex Post Facto Prohibited Laws and Rules of Court


24

in effect that denied Plaintiff to be free from illegal


25

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Case 3:11-cv-00145-HRH Document 1


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2

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Convictions, Sentences, and judgments by having Punitive ex Post Facto Prohibited Laws and Rules of Court in effect in violation of Art. 1 Sec. 15 of the Alaska Constitution and Art. 1 Sec. 9 Ch. 3 and Art. 1 Ch. 10 of the United States Constitution

3
4

6
7
8 9

VII. CLAIMS FOR RELIEF


Plaintiff hereby incorporate paragraphs 1 through 56 above as though fully set forth herein and make the following claims:

COUNT FOUR
(Section 42 U.S.C. 1983 Action Against Governor Palin and Attorney General Colberg Violation of Ben Latham's Equal Protection Rights Art. 1 Sec 1 of the Alaska Constitution and the Ninth and Fourteenth Amendment to the U.S. Constitutional)

10
11

12
13

14 15 16 17 18 19 20

57.

The above described actions of Governor Palin and

Attorney General Colberg violated their oath of office in their Individual Capacities as Governor of Alaska and as Attorney General of Alaska when they refused to change the daily Standing Operating Policy and Procedures of the Alaska Department of Law Prosecutors office and all Municipal Prosecutors office thereby violating the rights of Plaintiff by having the above Laws on

21

the Books in Alaska, in violation of Plaintiffs equal Protection


22

Rights Art. 1 Sec. 1 of the Alaska constitution and the Ninth


23 24 25

and Fourteenth Amendment to the United States Constitution.

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VIII. CLAIMS FOR RELIEF


Plaintiff hereby incorporate paragraphs 1 through 57 above as though fully set forth herein and make the following claims:

2
3
4

COUNT FIVE

(Section 42 U.S.C. 1983 Action Against Governor Palin and Attorney General Colberg Violation of Ben Latham's Alaska Constitutional right to a Habeas Corpus Art. 1 Sec. 13 of the Alaska Constitution and Art. 1 Sec. 9 Ch. 2 of the United States Constitution)

6 7
8 9

10
11

58.

The above-described actions of Governor Palin and

Attorney General Colberg violated their oath of office in their Individual Capacities as Governor of Alaska and as Attorney General of Alaska when they refused to change the daily Standing Operating Policy and Procedures of the Alaska Department of Law Prosecutors office and all Municipal Prosecutors office since Alaska Statute 12.75.010-230 the Alaska Writ of Habeas Corpus Statute is unconstitutional in violation of Art. 1 Sec. 13 of the Alaska Constitution and Art. 1 Sec. 9 Ch. 2 of the United States Constitution.

12
13 14 15

16
17

18
19 20

IX. PUNITIVE DAMAGES


21
22
23 24 25

Plaintiff hereby reallege and incorporate paragraphs 1 through 58 above as though fully set forth herein.

59.

The conduct of individual defendants, persons,

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and/or persons acting in concert with them, individually, jointly and severally was willful, wanton, reckless and with reckless indifference and/or in deliberate disregard of the
foreseeable consequences and the interest of other persons, and of the plaintiffs' Constitutional, statutory, and/or common law

2
3

rights under Federal and/State Law, and calls for the imposition
7

of punitive damages against all defendants individually, jointly


8

and severally who are subject to same under the law in an

10
11

appropriate amount to chill and deter such conduct in the


future, with due regard to the nature of the culpable conduct at issue, and harm to plaintiff, for false incarceration and intentional infliction of emotional duress and the net worth of the respective defendants.

12 13 14 15 16
17

WHEREFORE the Plaintiff seeks' the following relief:


a. On behalf of Plaintiff Ben Latham compensatory damages

18
19

Of up to Ten Million U.S. Dollars ($10,000,000.00), from the Alaska Government Sarah Palin, and in amount to be proved at

20

trial from other Defendants,


21 22

jointly and severally;

b.
23 24 25

On behalf of Plaintiff Ben Latham a Declaratory

Judgment declaring Sla. 1995 Ch. 79 Sec. 7-45 are Punitive Ex Post facto Prohibited Laws and are void.

30

Case 3:11-cv-00145-HRH Document 1


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c.

On behalf of Plaintiff Ben Latham injunctive relief

2
3

in the form of an order Stating and declaring that plaintiffs'


Alaska Criminal Convictions are void Judgments, since they were made under Punitive Ex Post Facto Prohibited Laws, Statutes, and Rules of Court, and are void judgments and the State of Alaska

and the Municipality of Anchorage no longer have jurisdiction


7

over Ben Latham and any probation that he is serving.


8

9 10 11 12
13 14

d.

For punitive damages against each Defendant from which

such damages are allowable by law in an appropriate amount;

e.

For appropriate prejudgment and post-judgment interest

in the maximum amount allowable by law;

15 16 17 18 19 20

f.

For a Declaratory Judgment declaring that the following

Statutes and Rules of Court violate the Alaska Constitution and the Federal Constitution Sla. 1995 Ch. 79 Sections,7,8,9,10,11, 12,17,18,20,21,24,27,32,33,34,35,36,37,38,40,41,42,43,44,45 are Punitive Ex Post facto Prohibited Laws in violation of Art. 1

21

Sec. 1 and Art. 1 Sec. 7 and Art. 1 Sec. 15 of the Alaska


22

Constitution and under Art. 1 Sec. 9 Ch. 3 and Art. 1 Sec. 10


23

and the fourteenth Amendment to the United States Constitution.


24
25

g.

For Declaratory Judgment that Alaska Statute 09.50.250,

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Case 3:11-cv-00145-HRH Document 1


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is unconstitutional insofar as it attempts to bar this action and for a Court Order declaring Alaska Statute 12.75.010-230 and
2
3

Alaska Civil Rule 86(m), the Alaska's Writ of Habeas Corpus Statutes and AS 12.72.010-040 the Alaska's Post-Conviction Relief Statute and AS 12.55.120 Alaska Sentence Appeal Statutes

5
6 7

and Alaska Criminal Rule 11 (c) 5 (i) (ii) and Alaska Appellate Rule 521 are Punitive Ex Post facto Prohibited Laws Statutes and Rules of Court in Violation of Art. 1 sec. 9 Ch. 3 and the 14
th

8
9

Amendment to the United States Constitution has been violated by Defendants' and in violation of Art. 1 Sec. 1 and Art. 1 Sec. 7 and Art. 1 Sec. 13 and Art. 1 Sec. 15 of the Alaska Constitution has been violated by both defendants.

10
11

12 13 14

h.
15

Interest, and other relief as the Court may deem just

and equitable;
16
17

18 19

i.

A trial by jury under the Plaintiffs' constitutional

rights to same with respect to all claims.

20
21

Respectfully Submitted

22
23 24 25

Dated this 20 th

day of July, 2011 at Anchorage Alaska.

By:I3~~ Ben Latham, Pro Per

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