Patrick Ruffini :: The Next Right Launches May 27th

Jeremy says:

Can we sign up to be a writer before the launch?

# May 22nd, 2008 at 2:56 pm

Francesco says:

I am pretty excited about the launch of the great event. I am sure that this event would prove to be a history.

# May 24th, 2008 at 7:14 am

Repack Rider says:

Stop the presses!

No, really. Stop. You’re killing me.

I have plenty to brag about, but I didn’t start the bragging until I had done something.

Remember, every time you hurt yourself when you were a kid, it was right after you said, “Hey fellas, watch this!”

Remember how the “Victory Caucus” Changed Everything with a new approach to conservative blogging?

Me neither.

# May 25th, 2008 at 11:09 am

DARRYL says:

UNITED STATES DISTRICT COURT
SOUTHERN DIVISION OF WISCONSIN
EASTERN DIVISION

Darryl Kinney )
Jada Kinney ) CASE # 08-C-0460
v. )
U.S. Dept. of Justice ) JUDGE: Charles N. Clevert Jr.
& )
I.R.S )
___________________)
PLAINTIFF’S AMENDED COMPLAINT

Plaintiffs Darryl Kinney(”Kinney”) and Jada Kinney against the Defendants by himself,

hereby files his Amended Complaint against the Defendants U.S. Dept. of Justice(”DOJ”) the I.R.S. which

includes the U.S. Navy and the F.B.I. all hailing from Wisconsin and Illinois Plaintiffs allege as follows:

NATURE OF THIS ACTION
1. This is an action that arises under Title VII of the Civil Rights A ct of 1964,
42 U.S.C. §§ 2000e, et seq., as amended by the Civil Rights Act of 1991, and under 42 U.S.C.
§ 1981.because both Kinney’s are African Americans,.Racial Discrimination.
2. Stalker laws ( WIS. Statute 940.32, 214 Wis. 2d 548,571)
3. Harrassment laws ( Wis. Statute 947.013)
4. Internet fraud ( Fake websites hacking, Fed.Statute Ann. 254 U.S. 17,41 S.Ct. 11 65 U.S.,
5. Section 1030 of the Computer Fraud and abuse Act)
6. Child questioning ( discretion of the court since none specific)
7. Mental Anguish (254 U.S. 17, 41 Sup. Ct. 11,65 U.S.)
8. Employment harassment(Fake customers and Coercing)
9. Corruption of Government Agencies(EEOC, Unemployment)
10. Conspiracy (Wis. Statute 939.31, 18 U.S.C 371)
11. Abuse of Power (title 18 sections 241-242 U.S.C, Title 42, section 1983)
12. Telephone tapping (Wis. Statute 885.365)
13. Mental and Physical abuse( 750 ILCS 60/103)
THE PARTIES
14. Plaintiffs Darryl Kinney and Jada Kinney are both African American citizens who reside in Wisconsin
and Illinois cities of Kenosha and Waukegan.
15. Defendants D.O.J. is an agency established under the Laws of the United States and Wisconsin and Illinois
with an office located at 114 E. Capitol Dr, Madison , Wisconsin.
16. Defendants I.R.S. is an agency established under the laws governed by the United States and Wisconsin and
Illinois with an office at 545 Zor Shrine Dr. Madison, Wisconsin.
17.At all relevant times D.O.J. acted thru its agents utilizing the U.S. Navy active and retireed duty, including
Katrina Kigoda and the Kenosha and Waukegan Police Dept..
18. At all relevant times the I.R.S. used its agents and those of the U.S. Navy active and retired duty
and the Kenosha and Waukegan Police Dept..
19. Both the D.O.J. and the I.R.S. have headquarters in Wisconsin and Illinois. With over 100 employees an
at all relevant times subject to all Federal and State laws forementioned.
JURISDICTION AND VENUE
20. This court has original jurisdiction pursuant to 28 U.S.C.§§ 1331, 1343.
21. This court also has supplemental jurisdiction over Kinneys state and common law claims pursuant to
28 U.S.C. §§ 1367(a)
22. Venue is proper in this judicial district pursuant to 28 U.S.C.§§ 1391(b)
FACTUAL ALLEGATIONS

23. Kinney’s also allege violations under the laws of the State of Wisconsin.

24. This action also violates the EEO laws in Wisconsin.

25. Also unlawful surveillance home and at work and illegal harassment on the job and
private life. 26.Plaintiff had fake customers on the job calling with phony complaints as work was sabotaged by these Defendants.
27. Both Kiimey’s have experiences emotional and Jada Simone Kimiey has experienced physical abuse
by family set into motion by these organizations.
28. This action also includes defamation of character.
29. In mid-2007 thru 2008 direct or indirect harassment was caused at Plaintiffs employer, thru actions
causing mental harassment, by tearing up Plaintiffs truck by Sears manager, message left was taped by
Plaintiff of this action.
30. In 2008 mid year Plaintiffs family was led to attempt making false claims about plaintiff
in emails by direct or indirect contact from the defendants.
31. Plaintiffs computer has been hacked daily and destroyed to try to keep evidence from being seen
by Defendants, upstairs.
32. In 2008 mid-year Plaintiffs family members have had their cars tampered with by the Defendants.
33. In mid year 2007 unitl present Plaintiff has had his phones tapped by defendants.
34. Since Sept. 2007 unitl present Plaintiff has had his computer created with fake websites and has
had had his emails blocked from reaching their destinations.
35. Plaintiff has had the two state area put on a watch him type military status from mid
2007 until present by the defendants.
36. Employers have been asked not to hire the plaintiff by the Defendants.
37. From mid 2007 until present.Plaintiffs have been attempting to create a blackball situation
with the help of several agencies.
38. The defendants have used their power to stop government agencies from doing their jobs
where the Plaintiff is concerned.
39. Plaintiff has been subjected to actions of discrimination because of the actions of the Defendants
spreading harassing rumors.
40. Plaintiff is followed every day everyplace he goes, by the Defendants.
41. Plaintiff has been told by a Kenosha Detective because of the Defendants being who they are,
that they would not do their job.
42. Plaintiff has filed complaints thru multiple police stations with no assistance because of who the
Police say the Defendants are.
43. Plaintiff has had every aspect of his privacy invaded by the Defendants, from cameras to taps.
44. Plaintiffs daughter has been put in a position for abuse to take place by direct actions of the Defendnants.
45. Plaintiffs daughter has been questioned without the Parents permission at school, she is 5 years
old.
46. Plaintiff has had his phone calls rerouted to people who were not the real contacts.
47. Plaintiff has been targeted by the Defendants because of corruption from Chicago.
48. Plaintiff has come home to find his garage has been broken into with electronic code readers
and they leave the garage lights on to run up my bill and have me being charged extra.
49. I have them playing with my internet service by calling and disabling it regularly with their fake
websites.
50. The defendants now know from hacking my computer they are being sued and are asking
everyone to try a different lie that they have talked to.
51. Plaintiffs is leaving the two States that are in this conspiracy together and will be speaking before
the U.S. Senate about these issues so they can never happen again to Americans.
52. Plaintiff was told by a video store employee that the military was running around and wish they could
shoot me, now his video store is closed, located on 52nd st. Lion Video.
53. Plaintiffs wife has lied in Illinois state court writing statements that are lies verifiable thru the true sources,
one being my daughters daycare, as far as her being taken by defendants from school.

THE WITNESSES

Which thru discovery have the pertinent information to prove or assist in proving violations,

who have dirct or indirect knowledge of events:
1) Piaintiff s Darryl Kinney and Jada Simone Kinney are of African American descent
and at this time Darryl Kinney and Jada Simone Kinney in Kenosha,WI
2) President George W. Bush located in the White House in Washington, D.C.
Vice President Dick Chaney in Washington, D.C.
Defendants Dept. of Justice is localed in Wisconsin and all over the United States
including Washington. D.C..
Don Kinney, Eric Kinney located in Kansas.
Barack Obama located in Washington, D.C.(IL)

City of Kenosha Police Dept. located Kenosha and includes the Mayors office.
Sen. Barbara Mills in Washington (MD)
REV. Al Sharpton located in New York.
ACLU located in Wisconsin and every U.S. state.
Senator Ryan in Washington D.C. (WI)
Sen. Dick Durbin un Washington (IL).
Sen. Feingold in Washington (WI)
Speaker of the house Nancy Pelosi located in Washington, D.C.
Wendy Martin of the Wisconsin EEOC branch.
Waukegan Police Dept. located in Waukegan Jll.
Attorney General Lisa Madigan’s Chicago office located in Chicago and
Springfield,IL.
18)Defendants Dept. of Revenue Illinois located in Illinois.
The U.S. Dept. of Justice located in Wisconsin and Washington, D.
The FBI located in Kansas and Chicago and Washington, D.C.
NAACP located in Illinois and throughout the U.S.
Chicago Tribune located in Chicago,Ill.
22) And a list of 100 to be inserted at end as witness or Defendants
23) Chanel 6 News located in Wisconsin and New Jersey
24) CNN news located in New Jersey.
25) Computer Exchange located in Kenosha and Milwaukee.

26) Sears and A&E a subsidiary of Sears nationwide and Wisconsin.
27) Katrina Kigoda the upstairs criminal hacker house.
28) Judge Barbara Kluka Kenosha Circuit Court.
29) Senate Budget Committee.
30) Ms. Barnes Pricipal Patti Cake daycare.
PRAYER FOR RELIEF
WHEREFORE, Kinney respectfully request that the court:
1. Enter judgment that D.O.J. and the I.R.S. have violated Kinneys rights under foremention laws and statutes.
2. Enter a judgment for damages of $50,000,000.00 for all violation including emotional and other abuses under
the laws forementioned, which includes Punitive and Compensatory damages.
3. Pay for any reasonable legal Assistance from lawyers or otherwise incurred during this process.
4. Order that Defendants pay for lost wages and travel expenses from state to state cost, including
interest, in an amout to be shown at trial.
5. Order that Defendants pay for future lost wages in an amout to be shown at trial.
6. Order the public apology over a T.V. Broadcast for the defamation of professional and personal relationships lost
because of thier actions.
7. Grant Kinney such other and further relief as is just.

respectfully submitted,
Plaintiff Pro Se
______________________________
Darryl Kinney
signed & dated

# July 12th, 2008 at 5:18 pm

DARRYL says:

DARRYL KINNEY 7301 98TH AVE
UNITD
KENOSHA.Wi. 53142 April 28,2008

MEMO ADDRESSED TO THE UNITED STATES SENATE

I am a citizen of the United States and have been addressing several Senators with the issues and problems to follow
including Nancy Pelosi and Barack Obama as well as several others and will in the near future be speaking in front of
you all because of Americans being held hostage by Navy personnel from Great Lakes Navy base as well as by
veterans used to Stalk and intimidate by the abuse of Power of the IRS and the United States Dept. of Justice. I
have been taken out of and kept from employment by them as they attempt a hostile search for money, i have my
phones tapped and computer hacked by government personnel spending alot of government budget following me
everyday for at least 8 months, all my family and past associates has been paid by them to create some ftctious story
because of a conspiracy, initated by the FBI from Chicago and brought to Wisconsin. All of this is a clear violation of
my Civil Rights and also the rights of my daughter who has been questioned and harrassed at school by them, she
is 5 years old. I have had to replace my computer 3 times because they are camped upstairs and i listen to them thru
the vents as they call themselves strategizing but not very well if I hear your every attempt to play on American
citizens.My family has had their cars as well as i have tampered by them in and attempt to get us or me to spend
money, they have raised bills above normal, been in my garage leaving lights on in an order to do so stopped my
emails from reaching their intended destinations and faked as the recipient, they have acted as operators and
fake being the person I called on the other line, I have been told by the police that they would not do anything
because they know who it is which is fither showing the attempt to keep me hostage. I have filed lawsuits and will
continue because I believe even that was manipulated by them as everything and everyone else has been, I have
talked to the security chief after calling the Chief of Great Lakes Navybase, no cooperation, Bush is who I believe
brought this because of corrupt judges from Chicago, after I brought this out to officials. American citizens who are
not terrorist being treated as if they are, I say send some more troops to war since we have so many of them to follow
people around everyday, someone is reimbursing them for this large price tag of surviellance. I see the plan must
be to discredit or in gov. terms attempt to burn me or ruin my career because they have some corrupt people in
the government.
sincerly,
Darryl Kinney 7301 98th Ave. UnitD
Kenosha,WI 53142 262-237-1310

# July 12th, 2008 at 5:19 pm

DARRYL says:

SINCE THESE ACTIONS THE DOJ HAS ASKED JUDGES TO BE MORE CORRUPT THAN USUAL AND STOPPED ME FROM GETTING FEDERAL HELP LIKE THE REST OF AMERICA AND ARE TRYING TO ISOLATE ME FROM ANY OUTSIDE COMMUNICATIONS, FAKE OPERATORS AND PHONE CALLS INTERVEIWS ETC.

# July 31st, 2008 at 8:45 am

DARRYL says:

No. 08-

____________________________________________________

UNITED STATES COURT OF APPEALS
FOR THE EASTERN DISTRICT OF WISCONSIN
_____________________________________________________

DARRYL KINNEY,
Plaintiff-Appellant,

v.

INTERNAL REVENUE SERVICE
U.S. DEPT. OF JUSTICE,
Defendant-Appellee.

_____________________________________________________

Appeal From the United States District Court
For the Easternn District of Wisconsin,
Case No. 08-C-0460
The Honorable Judge Charles Clevert Jr.

______________________________________________________

BRIEF AND REQUIRED SHORT APPENDIX OF
PLAINTIFF-APPELLANT, DARRYL KINNEY
______________________________________________________

DARRYL KINNEY
PLAINTIFF –APPELLANT
PRO SE- DARRYL KINNEY

7301 98TH AVE
KENOSHA, WI 53142
262-237-1310

TABLE OF CONTENTS
Page

TABLE OF AUTHORITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. ii

STATEMENT OF THE ISSUES PRESENTED . . . . . . . . . . . . . . . . .. . . . . 1

STATEMENT OF THE CASE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . ….2

Civil Code & Rights….……….. . . . . . . . . . . . . . . . . . . . . . . . . .. ….2,3

Factual Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ……….5

3. Proceedings below . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . ………..12

SUMMARY OF ARGUMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . …13

ARGUMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. …14

CONCLUSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . …..15

CERTIFICATE OF SERVICE

i

TABLE OF AUTHORITIES

CASES PAGE

Desert Palace,Inc. v. Costa, 123 S.Ct. 2148, 2155(2003)………………………………………3

United States v. Crukshank, 92 U.S. 542, 552 (1876)……………………………………………3

De Jonge v. Oregon, 299 U.S. 353,364 (1937)…………………………………………………….3.

Borse, 963 F.2d at 621…………………………………………………………………………………….2.

Smoth, Sheriff v. Goguen, 415 U.S. 566 573, 39 L. Ed 2d 605, 94 S. Ct 1242(1974)…4

Villiage of Hoffman Estates v, Flipside Hoffman Estates, Inc. 455 U.S.

489, 71 L/ Ed. 2d 362, 102 S. Ct. 1186(1982)…………………………………………………….3.

STATUTES PAGE

Id. at 768………………………………………………………..……….5-8
428 F. Supp. 763(C.D. Cal. 1977)…………………………………..….1-8
42 U.S.C.A. § 2000e-5(g)(1974)…………………………………….…1-11
42 § 2000e-3(a)………………………………………………………….1-11
42U.S.C. §1981…………………………………………………………1-11
§ 409…………………………………………………………………….1-11
§ 417……………………………………………………………………..4-6
§ 400…………………………………………………………………….…5
§ 2.10(d)……………………………………………………………….…..7
§ 302……………………………………… . . . . . . . . . . . . . . . . . . . . . ..1-10
§ 444………………………… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-11
§§ 412-415………………………………………………………………4-8
§§ 417-420…………………………………………………………………8
§ 420……………………………………………………………………….8
42 U.S.C.A. § 2000E-3(a)………………………………………………1-11
411F.2d at 1005…………………………………………………………5-7
417 U.S. at 550………………………………………………………….1-11
M.S. § 609.749, Subd. I…………………………………………………. 5
§ 2.10 Retaliation under Title VII………………………………………………7
WI § 940.32 Stalking. Amended 2005…………………………………………..
ii

STATEMENT OF THE ISSUES PRESENTED

1. Whether it was proper for the district court to dismiss the Plaintiffs

complaint as moot, when the rights of every citizen is at risk if so. When

Government agencies abuse the power given to them against American citizens

that are to be used in terrorist situations, by using the military and internet as

well as Police harassment?

2. Whether it was proper for the district court to not appoint an Attorney when

one was requested by the Plaintiuff, when the Plaintiff sent the Amended

complaint in the deadline time, if it did not meet the process the court wanted

them the Attorney should have been appointed as requested?

3. Whether discrimination is a factor because the Agencies involved would have

no where enough resources if these actions were used on every American in any

Class, as this Plaintiff is an African American an is entitles to protection under

this class?

4. Whether an investigation can violate the Laws of Civil Rights as well and

Employment interference, and placing a child into and abusive situation to make

the outcome or attempted outcome what they want it to be?

1

STATEMENT OF THE CASE

1) Recovery of punitive damages is governed by Civil Code

section 3294, which was amended to define “malice, fraud or

oppression” as “despicable” conduct carried on with a conscious awareness that

it will violate the plaintiff’s rights. The procedural hurdles section 3294 raises to

the recovery of punitive damages apply in wrongful termination/ public policy

cases, as well as in independent tort cases, discussed below.
The reviewing court must consider only those facts alleged in the Complaint and
The Court of Appeals in Borse, observed that one of the torts which Pennsylvania
recognizes as encompassing an action for invasion of privacy is the tort of “intrusion
upon seclusion.” As noted by the Court of Appeals, the Restatement (Second) of
Torts defines the tort as follows:
One who intentionally intrudes, physically or otherwise, upon the
solitude or seclusion of another or his private affairs or concerns, is
subject to liability to the other for invasion of his privacy, if the
intrusion would be highly offensive to a reasonable person accept all
of the allegations as true. Liability only attaches when the “intrusion
is substantial and would be highly offensive to the ‘ordinary
reasonable person.’” Borse, 963 F.2d at 621.

2

“We note that the Supreme Court recently held that under the current language of

Title VII . . . a plaintiff may be entitled to a mixed motive jury instruction without

presenting direct evidence of discrimination if he or she shows that discrimination

was a ‘motivating factor’ in the adverse employment decision. See Desert Palace,

Inc. v. Costa, 123 S.Ct. 2148, 2155(2003) 704 (a) of the Civil Rights Act of 1964,

42 U.S.C. 2000e-2 (a) (1) and 2000e-3 (a). 4 (411 U.S. 792, 797)

2) The Right to Petition the government requires stringent protection. “The very

idea of a government, republican in form, implies a right on the part of its citizens

to meet peaceably for consultation in respect to public affairs and to petition for

a redress of grievances. “United States v. Crukshank, 92 U.S. 542, 552 (1876)

3) Except in the most extreme circumstances citizens cannot be punished for

exercising this right :without violating those fundamental principles of liberty

and justice which lie at the base of all civil and political institutions.” De Jonge

v. Oregon, 299 U.S. 353,364 (1937)

3) The seminal case concerning pre- wnforcement facial challenges on the grounds

of vagueness in Villiage of Hoffman Estates v, Flipside Hoffman Estates, Inc. 455

U.S. 489, 71 L/ Ed. 2d 362, 102 S. Ct. 1186(1982) The Flipside court determined that

when a court examines such a challenge, :assuming the enactment implicates no

constitutionally protected conduct. (the court) should uphold the challenge only if

the enactment is is impermissibly vague in all of its applications.” Id. 495

(emphasis added).

3

Although the Supreme Court does not state precisely what it means

by” constitutionally protected conduct,” it is clear that it is referring primarily

to the First Amendment expressive freedoms, which have long received

special protection in vagueness cases. See e.g. Smoth, Sheriff v. Goguen,

415 U.S. 566 573, 39 L. Ed 2d 605, 94 S. Ct 1242(1974)

4

FACTUAL BACKGROUND

1) Petitioner is entitled to relief in the form of compensatory and punitive

damages primarily based rights afforded every American citizen, we are all

afforded a right to work and take care of our families and have no interfernce in

a descent quality of life, as a right and not a gift. The right to work without

interference to demoralize an citizen if America, while putting forth a military

type harrassment driven situation while keeping a child in an abusive home to

prevent an American citizen from leaving the States to continue the defamatory

harassment.

2) Darryl Kinney is an African American citizen, raised in a Marine home, and

like any other juvenile has had an occasional brush with the law, but has since in

the area of 25 or so years continued his education and worked to have the life

that any other American citizen seeks and works for.

3) Darryl Kinney can truthfully state that in all his employment he has always

given 100%, but has had outside sources dictate what actually happens at my

employers offices( the defendants)

4) Darryl Kinney has had to stand by and watch his family being told not to

communicate with him and outright lie on him to aid these agencies in a

governments attempt at burning him .M.S. § 609.749, Subd. I

5) Darryl Kinney has filed Complaints with every Federal agency available

and had them interferewd with the lead the decisions to a dismissed verdict,

all services have been tampered with including local law enforcements (Police)
5

6) Darryl has had his telephones tapped, and had people answer it when he first
turned it on and it was’nt him, he has had his computer hacked and emails and faxes
faked or stopped by the actions of the Defendants.He has had his daughter
questioned in school and forced to not tell the truth because of this situation, placed
in play by these gov agencies, Dept. of Justice and the I.R.S. Darryls privacy has
been ended by the military from house buggings to cell phone scanning and computer
hacking, he has been followed daily once he leaves the house all day everyday, no matter
where he goes. Darryl has had his jobs told to terminate him with lies to help them
follow him around and then the EEOC was told not to do the appropriate job in
giving justice by these agencies.
7) Jada Kinney has been asked to forget the abuse, and been bought toys and kept
from school to aid in the brainwashing of a minor and bwwn asked to lie about the
things she has seen, been involved in and heard. Which was an direct ir indirect result
lrd from actions of one or both organizations or Defendants.
8) Darryl and Jada have had their lives watched in the home as well as outside of it.
9) Darryl has been to Washington, D.C. and contacted several Senators as well as
police and multiple agencies for assistance with these problems to find that Americans
are being treated like second class citizens by Americans.

6

3. Proceedings Below
On , May 23, 2008 Plaintiff Darryl Kinney and Jada Kinney filed his complaint of
Discrimination, Harassment and Stalking against Defendants.. Plaintiff’s complaint
states three claims- (1) race discrimination in violation of Title VII,
(2),M.S. § 609.749, Subd. I and (3) WI § 940.32 Stalking. Amended 2005
Plaintiffs ask thecourt to grant Plaintiff appropriate injunctive relief, lost wages,
liquidated/double damages, front pay, compensatory damages, punitive damages,
prejudgment interest, post-judgment interest, and costs.
On , June 19, 2008 Plaintiff filed an amended Complaint for
. Plaintiffs motion was denied.

7

SUMMARY OF ARGUMENT
The reviewing court must consider only those facts alleged in the Complaint and
The Court of Appeals in Borse, observed that one of the torts which Pennsylvania
recognizes as encompassing an action for invasion of privacy is the tort of “intrusion
upon seclusion.” As noted by the Court of Appeals, the Restatement (Second) of
Torts defines the tort as follows:
One who intentionally intrudes, physically or otherwise, upon the
solitude or seclusion of another or his private affairs or concerns, is
subject to liability to the other for invasion of his privacy, if the
intrusion would be highly offensive to a reasonable person accept all
of the allegations as true.
Liability only attaches when the “intrusion is substantial and would
be highly offensive to the ‘ordinary reasonable person.’” Borse, 963
F.2d at 621.
Recovery of punitive damages is governed by Civil Code section 3294, which
was amended to define “malice, fraud or oppression” as “despicable”
conduct carried on with a conscious awareness that it will violate the
plaintiff’s rights. The procedural hurdles section 3294 raises to the recovery
of punitive damages apply in wrongful termination/ public policy cases, as
well as in independent tort cases, discussed below.

8

§ 940.32 Stalking. Amended 2005.
(1) In this section:
(a) “Course of conduct” means a series of 2 or more acts carried out over
time, however short or long, that show a continuity of purpose, including any
of the following:
1. Maintaining a visual or physical proximity to the victim.
2. Approaching or confronting the victim.
3. Appearing at the victims workplace or contacting the victims employer or
coworkers.
4. Appearing at the victims home or contacting the victims neighbors
5. Entering property owned, leased, or occupied by the victim.
6. Contacting the victim by telephone or causing the victims telephone
or any other persons telephone to ring repeatedly or continuously, regardless
of whether a conversation ensues. 6m. Photographing, videotaping, audiotaping,
or, through any other electronic means, monitoring or recording the activities of
the victim. This subdivision applies regardless of where the act occurs.
7. Sending material by any means to the victim or, for the purpose of obtaining
information about, disseminating information about, or communicating with the
victim, to a member of the victims family or household or an employer, coworker,
or friend of the victim.
8. Placing an object on or delivering an object to property owned, leased, or
occupied by the victim.
9. Delivering an object to a member of the victims family or household or an
employer, coworker, or friend of the victim or placing an object on, or delivering

9

an object to, property owned, leased, or occupied by such a person with the intent
that the object be delivered to the victim.
10. Causing a person to engage in any of the acts described in subds. 1. to 9.

10

ARGUMENT
The district court improperly dismissed Plaintiffs Comp[laint.
Defendants conspiracy to commit civil rights violations and fraud.
The Distict court erred in its decision to dismiss the Complaint
that was filed timely and did requst the Appoinment of an Attorney
for any procedural mishaps that may occur. These agencies have
abused their power to keep the Plaintiff in a Terrorist type confinement
situation.

11

Conclusion
For the reasons set fourth above, this Court should reverse the district
courts decision because if these actions are allowed to continue then we
as a civilized nation are no better than the oppressors in other countries.
Respectfully submitted,
_____________________
DARRYL KINNEY
Pro Se Plaintiff
7301 98th Ave
Unit D
KENOSHA, WI 53142

12

CERTIFICATE OF SERVICE

I hereby certify that, on Aug , 2008, I mailed the Brief of Darryl Kinney Pro Se,

Plaintiff to the appellees by sending a floppy disk copy, by

mail delivery, to:

I.R.S.
545 ZOR SHRINE PL.
MADISON, WI 53719 608-829-5827

U.S. DEPT OF JUSTICE
114 E. CAPITAL (ATTORNEY GENERALS OFFICE)
MADISON, WI 53707 608-266-1221

13

# August 7th, 2008 at 2:13 am