$200,000,000+ Tort Claim filed against the City of Columbia (SC)

This just in from the Joe Azar Newsletter … ~SCHotline

From: Paul Gable
Sent: Tuesday, December 14, 2010 2:31 AM
To: Joe Azar
Subject: Tort Claims filed against the City of Columbia and the Columbia Police Department….

The Victims of the alleged Public Corruption in the Southern Holdings, Inc. case including Doris Holt and her son James Spencer, most of whom are Plaintiffs in a related lawsuit in Washington DC, are in the process of filing tort claims against the City of Columbia and the Columbia Police Department for alleged roles in the Public Corruption pertaining to Doris Holt and her rights to equal protection of the law under the 14th Amendment of the United States Constitution and Doris Holt’s health and welfare being used to blackmail the Plaintiffs to drop their legal actions.

Under South Carolina law, notice of the intent to file a lawsuit has to be submitted to the City of Columbia and its entities including but not limited to the Columbia Police Department before a lawsuit can be filed in DC Federal Court in this case.  Washington DC, is the hub of the corruption according to the filings in DC Federal District Court.  The evidence needed to bring such an action against the City of Columbia and the Columbia Police Department is now in the hands of the Plaintiffs’ experts and notices of tort claims are, therefore, now being issued against the Columbia Police Department and the City of Columbia as is the case below which is copied from the Tort Claims notice of the 93 year old victim, Doris Holt.

December 13, 2010

Kenneth E. Gaines, Esquire

Columbia City Attorney

Post Office Box 667

Columbia, South Carolina 29202

Sent via Fax 803-737-xxxx & US Certified Mail

Re: Filing of this Verified Claim under S.C. Code Ann. § 15-78-80 against the Columbia Police Department, the City of Columbia, and any and all applicable City of Columbia entities or sub-entities.

Dear Mr. Gaines:

On 12/15/2009, based on recommendations of 17 year veteran decorated former Police Officer Rodney Lail and retired FBI Special Agent in Charge (SAC) E. Johnson, James Spencer telephoned the Columbia, South Carolina Police Department.  Spencer reported the physical abuse and neglect of his mother, Doris Holt that he, Alan Geoghegan and Rodney Lail discovered earlier while Doris Holt was under the care of the UniHealth retirement home facility, in Columbia, South Carolina.

As requested by the Columbia, Police Department, former Police Officer Rodney Lail and James Spencer met Columbia Police Officer K. C. Chatara and Officer Jose Arvelo after the telephone call on 12/15/2009, outside the UniHealth facility on Forest Drive in Columbia, SC. At that time, Officer Chatara and Officer Arvelo were given copies of pictures that documented that Doris Holt had a black eye and other acute physical injuries as of that date and time.  Both Officers testified under oath that there was probable cause to conduct an investigation at that point in time on 12/15/2009, during their depositions on 03/17/2010.

However, during the deposition the officers admitted they did not conduct an investigation at any time including on 12/15/2009 for various reasons that made no sense and at best were inconsistent.  According to the officers during their deposition foremost, among the reasons for not conducting an investigation was that an individual who claimed she worked for the home and who met the Columbia Police officers when they came into the UniHealth facility suggested that James Spencer might be a suspect for causing the injuries to Doris Holt.  Further, the individual, who did not provide identification, would not allow the police officers to even see Doris Holt.

This makes no logical sense, as it does not matter who was a possible suspect. The Columbia Police testified under oath that there was probable cause that a crime had been committed.  Therefore, the Columbia Police were supposed to investigate regardless who the suspects might have been.  The Columbia Police certainly should not have allowed a possible suspect to prevent the Columbia Police from seeing the purported victim.

Immediately after the meeting as Spencer and Lail drove away from the UniHealth facility, Columbia Police Supervisor, Darwin L. Daugherty, called Spencer and Lail on Spencer’s cell telephone and apologized for the Columbia Police officers not investigating given the obvious probable cause.  Daugherty stated he did not understand what happened but would look into in and get back to Spencer with some answers as to why no investigation was conducted.  Spencer, Lail and Daugherty talked for approximately forty-five minutes after Spencer and Lail left the UniHealth facility that evening.  Daugherty stated he would have been at the facility himself but there was an armed robbery he was called to the scene of that evening.  Spencer and Lail never heard from Daugherty again after that telephone call.

James Spencer, to gain answers as to why no investigation was conducted by the Columbia police officers on 12/15/2009, subsequently met with Investigator A. L. Merrill and Sergeant Drafts of the Columbia Police Department on 12/23/2009. At the conclusion of the meeting, Investigator Merrill stated she would find out what happened on the night of 12/15/2009, and determine both why and how the officers were prevented from investigating the alleged crime including viewing the victim Doris Holt, given the probable cause.

On 12/29/2009, former Police Officer Lail and James Spencer met with Colonel Carl Burke and Sergeant Drafts of the Columbia Police Department at the Columbia Police Department headquarters.  During the meeting two pictures of Doris Holt purportedly taken on 12/28/2009, by Investigator Merrill were shown to  Spencer and Lail.  Lail and Spencer were told by Colonel Burke that the investigation was ongoing and no answers were given as to why the officers had not proceeded in to investigate the crime on 12/15/2009, which was supposed to be the topic of the meeting.

On 03/17/2010, Officer K. C. Chatara and Officer Jose Arvelo testified under oath that to the best of their knowledge there had never been an investigation of what happened on 12/15/2009, and neither officer was ever questioned by anybody concerning the events of that evening.

On 03/12/2010, a report was presented by Dr. Susan Luberoff, MD, a  Pediatrician to Investigator Merrill stating the photograph of the black eye on the 93 year old victim, Doris Holt, could represent bruising but she, the pediatrician, could not determine for sure if the bruises were from abuse.  Subsequently, purportedly based on the “pediatrician’s” observations of the picture on 03/22/2010, Investigator Merrill closed her investigation of the matter without ever determining why the police officers were not allowed to investigate the crime that both officers testified they had probable cause to do.

Further, the City of Columbia in concert with the defendants in the Federal Tort Claims action in Washington, DC, (C.A. No. 10-CV-210-PLF) in which Doris Holt and James Spencer are among the plaintiffs, purged all copies of medical records of Doris Holt from their files before turning copies over to James Spencer as Doris Holt’s lawful power of attorney and medical power of attorney.  This is similar to the actions of the Defendants in the Washington DC, tort claims lawsuit.  This was done to keep the medical records out of the hands of victim Doris Holt who has consistently requested her medical records, and out of the hands of Doris Holt’s self-appointed durable power of attorney and power of medical attorney, her son, James Spencer.  These records were specifically requested through FOIA from the City of Columbia on 04/14/2010, by Doris Holt’s durable power of attorney and power of medical attorney and were agreed to be provided by the Public Information Office of the City of Columbia given the request was made by Doris Holt’s medical power of attorney.

Therefore, the Columbia Police Department and the City of Columbia were negligent by either not having police policy and procedures in place that allowed the police officers to investigate crimes based on the existence of probable cause, and/or failed to train police officers to not be deterred from investigating crimes with probable cause simply because a suspect tells them they are not allowed to investigate.

By either not having such a policy in place and/or not enforcing such policy the Columbia police and the City of Columbia created an environment that failed to provide equal protection under the law in violation of the 14^th Amendment of the United States Constitution, which resulted in the following:

• The continued abuse and/or neglect of Doris Holt by Defendants in the tort claims action in Federal District Court in Washington, DC.
• Defendants in the tort claims action in DC Federal District Court following through with their threats of retaliation involving beatings, and mental and physical torture against 93 year old Doris Holt.
• With malice a forethought, the Columbia Police Officers and civilian personnel with the city of Columbia participated with Defendants in the civil rights lawsuit in DC Federal District Court by fabricating documentation to cover up the physical and psychological abuse of Doris Holt.
• A law enforcement environment that led to the total disappearance of Doris Holt in contempt of a standing Court Order, which resulted in the further physical and psychological torture of Doris Holt during her disappearance for nine months and continuing forward to this date.
• Allowed James Spencer to suffer severe mental torture as his mother had disappeared and he was not allowed to know if she was alive or dead during that nine-month period of time as he frantically searched for his mother Doris Holt and continuing forward to this date.
• The Columbia Police Department and the City of Columbia, by failing to fulfill its duty of providing equal protection under the law to Doris Holt and James Spencer under the 14^th Amendment of the United States Constitution, resulted in the violation of the 8^th Amendment of the United States Constitution, which provides for freedom  from unusual punishment.

These 8^th Amendment crimes included cruel and unusual punishment through the physical and mental torture of Doris Holt and her son James Spencer.  Additionally, the negligence and cover-up activities by the Columbia Police Department and the City of Columbia led to the wrongful imprisonment in isolation of Doris Holt in violation of her 5^th Amendment rights guaranteed by the United States Constitution.

Background

On January 14, 2009, after obtaining a copy of the Manual of Investigative Operations and Guidelines (MIOG) of the Federal Bureau of Investigation (FBI),  it was discovered that the FBI in conjunction with others including, but not limited to, SLED and the South Carolina Insurance Reserve Fund, the South Carolina Budget and Control Board, Horry County, the Horry County Police Department, the Horry County Sheriff’s Department, Myrtle Beach, the Myrtle Beach Police Department with malice aforethought fully participated in and furthered a conspiracy including but not limited to depriving me of my civil rights “under color of law” including but not limited to violating the due process and equal protection guaranteed by the 5th and 14th Amendments of the US Constitution, and my right to a fair trial guaranteed by the 5th Amendment of the United States Constitution. (See Pacer Docs. # 45-1 through 45-6, filed 01/29/09, Case # 08-1955, 4th Circuit US Court of Appeals).

Bribed law enforcement officers in South Carolina under the direction of felon Harold Steve Hartness (Hartness is currently serving a multi-year Federal prison sentence, Prison ID # 22070-058. Note: Felon Hartness arranged for the wrongful and baseless NCIC entry and BOLO that were input in North Carolina) entered and searched several victims’ homes without probable cause and without legal basis violating their 4^th Amendment rights guaranteed by the United States Constitution.

Said actions are civil rights violations “under color of law” and as such, are violations of the search and seizure provisions of the 4^th Amendment of the United States Constitution.  Victims were deprived of the right to free speech, guaranteed by the 1^st amendment of the United States Constitution, “under color of law.” Victim Rodney Lail was dismissed from his job as a police officer by Myrtle Police Chief Gall for reporting the civil rights violations, which he had witnessed, to his police superiors and due to his wife’s refusing to comply with felon Harold Steve Hartness’ demands for his wife to change her stated objections and effectively allow Southern Holdings, Inc., to participate in illegal activities such as money laundering.  In one instance, felon Harold Hartness ran the car in which Ms. Lail and their two minor children were riding off the road.

On February 21, 2001, victim James Spencer met with FBI SA Marsh in Columbia, SC, to file a civil rights complaint under color of law both with and without brutality.  Also attending that meeting were two South Carolina law enforcement personnel (in violation of FBI-MIOG defined procedures).  Victim Spencer reported and provided to the FBI primary evidence of the civil rights violations “under color of law”, both with and without brutality, and the names of victims, all of whom were victims of civil rights violations “under color of law.”

Contrary to the FBI requirements regarding reports of civil rights violations of this nature, no case(s) was (were) opened and no investigation was conducted by the FBI as a result of the reports given and the confirming evidence provided at February 21, 2001, meeting.  All evidence concerning the February 21, 2001, meeting having occurred disappeared from the FBI files and the certified FBI-NCIC report produced on NCIC inquiries made on Spencer was also fabricated to conceal the meeting on February 21, 2001.  The FBI violations with malice aforethought of Spencer’s and other victims rights included, but were not limited to, the due process guarantees under the 5^th and 14^th amendments of the United States Constitution.  These violations and related conspiracy involving the FBI only became known to the victims on or about January 14, 2009.

Further, it became known on January 14, 2009, that the FBI participated in a conspiracy including, but not limited to, SLED and the SC Insurance Reserve Fund and the State Budget and Control Board depriving Spencer and other victims of their constitutional rights including, but not limited to, the right to a fair trial guaranteed by the 5^th Amendment of the United States Constitution.  Individuals including, but not limited to, personnel with the FBI, SLED, the SC Insurance Reserve Fund and the SC State Budget and Control Board undermined the civil Federal District Court proceedings brought by Spencer and other victims regarding the civil rights violations “under color of law” with brutality against the perpetrators which included, but was not limited to, local law enforcement personnel and associated agencies and the civilians involved.  The wrongful actions included, but were not limited to:

• With malice aforethought, the provision of fabricated and “certified” NCIC reports to Plaintiffs through the office of Senator Lindsey Graham, a member of the Senate Judiciary Committee, for use in Federal District Court proceedings brought by the Plaintiffs.
• With malice aforethought, the provision of “forensic” examination results that were fabricated, baseless and biased in favor of the law enforcement and civilian Defendants in the civil rights lawsuit.
• With malice aforethought, the provision of fabricated documentation to cover up the spoliation of evidence by the law enforcement and civilian Defendants in the civil rights lawsuit.
• With malice aforethought, the provision of Noel Herold an FBI employee at the public’s expense as a Defendants’ forensic expert witness. Noel Herold knowingly participated in subornation of perjury in conjunction with the law enforcement and civilian Defendants, at the FBI’s direction and at the public’s expense.
• With malice aforethought, the provision of Department of Justice attorneys who wrongfully invoked Federal Government confidentiality during the deposition of FBI forensic expert Herold as part of the conspiracy to cover up civil rights violations “under color of law” involving the FBI.
• With malice aforethought, participation of the FBI and Defendants and Defendants counsels in acts of fraud on the court, both known and unknown, as part of a conspiracy to deny the Plaintiffs their civil rights “under color of law” in violation of the 5^th Amendment of the United States Constitution.
• When the Plaintiffs in the DC Federal District Court lawsuit discovered the FBI violated the Plaintiffs’ Constitutional rights by not following the mandatory procedures specified in MIOG, on January 14, 2009, this caused the constructive tolling of the statute of limitations against the state, local Federal officials and other participants in the conspiracy involving Southern Holdings, Inc., on January 14, 2009.

Current Estimated Extent of  Loss:

• Property Damage:  The SC State entities’ and City of Columbia participation in violations with malice aforethought resulted in damages including loss of value to Southern Holdings, Inc. stock from $33.70 just prior to June 7, 2000, to $0.00 as a result of the perpetrators actions and the loss of RICO civil remedies including, but not limited to, (3) times the loss of value per share, plus the current value lost component @ 6% compounding interest in addition to $200,000,000.00 in personal injury damages including the psychological torture of Doris Holt and her son James Spencer.

Property Damages and Personal Injury Damages Currently Estimated at:  $508,101,191.43.

These traumatic events were part of a conspiracy involving civil rights

violations “under color of law” including but not limited to violation of due process rights and equal protection under the 5th and 14th Amendments and with malice aforethought violation of the 5th Amendment guarantee of a right to a fair trial.

Time and Place of Loss: On or before June 6, 2000 to date, various locations.

Individuals Allegedly Involved: Governor Mark Sanford, Danny Parris of the SC Insurance Reserve Fund, Major Mark Keel of SLED, Captain Gainey of SLED, Mike Prodan of SLED, Lt. Michael J. Brown, SLED, Chief Robert M. Stewart of SLED, Captain David Caldwell of SLED, former FBI-SA Thomas Marsh, now Director of Security, the South Carolina Lottery, Robert E. Lee, Aiken Bridges law firm, E. Glenn Elliott, Aiken Bridges law firm, Jay Saleeby, Aiken Bridges law firm, Sandra Senn, Senn, McDonald and Leinbach law firm, Noel Herold, FBI Forensic Expert, George Skaluba, FBI Forensic Expert, John Weaver, Horry County Attorney, Thomas R. Isabella, Jr., FBI-CJIS, Monte Dell McKee, FBI CJIS, Michael Kirkpatrick, Assistant Director, FBI – CJIS, Albert Allen, Horry County Councilman, Horry County Police Chief John Morgan, former Horry County Police Chief Paul Goward, Lt. Deputy Sheriff Beaty,  Horry County Sheriff Philip Thompson, former Horry County Sheriff Teddy Henry, David M. Hardy, FBI Records Section Chief, Horry County Solicitor Gregg Hembree, AUSA Marshal Prince, former FBI SA Paul Gardner, Horry County Police Lt. Jay Brantly, Horry County Police Officer Charles McLendon, Horry County Sheriff Deputy Causey, Horry County Sheriff Deputy Sidney R. Thompson, former Horry County Sheriff Deputy Jeff Caldwell, Myrtle Beach Chief of Police Warren Gall, former Guilford County Sheriff Deputies Bryant and Zimmerman, former Guilford County Sheriff B. J. Barnes, former Guilford County ADA Richard Panosh, Linda Lawrence, Ernest Morton, Vivian Nichols, Dave Smith, Pam Smith, Thomas Leath, Myrtle Beach, City Manager, former FBI Assistant Director Chris Swecker, FBI-SA Phil Celestini, FBI-SA Donald Causey, FBI-SA Andrew T. Hildreth, Harold Steve Hartness, Michael Steven Hartness, Richard Way, Ancil Garvin, John Benson, DOJ, Columbia Police Department Investigator A. J. Merrill, Columbia Police Department Sgt. Drafts, Columbia Police Department Colonel Carl Burke, and John Doe(s).

Please consider this correspondence as meeting the requirements of a Verified Claim under S.C. Code Ann. § 15-78-80. If addressee(s) believes the Verified Claim is not consummated, please notify the sender by certified mail within thirty days upon receipt.  Lack of such notice from addressee within thirty days after receipt shall be considered confirmation of addressee having received a proper Verified Claim under South Carolina law for said entity.

Paul Gable