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Title: Ok Who Is a Lawyer...I need to sue the government for saying I am a militia member and harrassment
Source: [None]
URL Source: [None]
Published: Jan 8, 2010
Author: A K A
Post Date: 2010-01-08 18:55:17 by A K A Stone
Keywords: None
Views: 1083
Comments: 62

Ok this has been going on for years. Someone in the city put my name in a database saying I am a militia member. Well I am not and never have been. This has caused me some problems. They also have it in their database that my wife is militia. Well I have seen the govt flyers that say militia is terrorists. So basically they are saying I am a terrorist. I am looking to sue the city for this defamation and slander. It has also caused the police to harrass me and not file charges in cases that I wished to persue. The prosecutor in a case I am involved in has even told my attorney that I am a militia member. I am serious about this. So if there are any attorneys out there. Please contact me privately and we can talk about this. Looking for suggestions.

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Begin Trace Mode for Comment # 62.

#7. To: A K A Stone (#0)

Dear A K A Stone,

P.H. dropped his middle initial name as a part of a "larger stratagem" of repatriating (from U.S. citizen as per the purported 14th to a Citizen of a State). This was done first by "common usage", then formally with a Notice of Name Change at the County Court (no judge required). See below for particulars & case law references. This simple "change" may save you and family the cost & grief of a law suit (there are few winners in court.. and the overwhelming majority of all controversies are settled before trial).

Regarding your claim of being damaged by Government Officials by being tagged with the moniker of Militia Member; For any suit for liable or slander, the Plaintiff must first establish that an irreparable harm or damage to reputation was done and by "whom" first and then when & where. Specifically, how has this tag harmed your reputation? And lastly, what amount are you seeking by schedule?

In my state, every able bodied man between the 18 & 45 are considered "part of the militia". This being said, I'm not sure how this moniker could have harmed your good reputation.

Warm Regards,

P.H.

_______________________________________________ The common law usage method of name change

A common law name (i.e. one assumed for a non-fraudulent purpose) is a legal name (e.g. State v. Ford, 172 P. 802; Bonnie Lee Daniels, 337 A.2d 49; Elizabeth Marie Hauptly 312 N.E.2d 857; Piotrowski v. Piotrowski, 247 N.W.2d 354; Thomas v. Thomas, 427 N.E.2d 1009; Klein v. Klein, 373 A.2d 86; Stuart v. Board of Elections, 295 A.2d 223); although it is not the person's true name (10 USC 1551, U.S. v. Cox, 593 F2d 46). A statutory method, while quick and definitive, only supplements the common law method (In Matter of Linda A. 480 NYS2d 996) unless the statute makes itself exclusive. Note that although a person may sue under a common law name (McKay, above), the Federal Rules of Civil Procedure (FRCP) have a higher standard and must use the 'real' information, allowing the case to be dismissed.[5]

Women often use an assumed name at marriage (In re Kruzel, 226 N.W.2d 458; Davis v. Roos, 326 So.2d 226), a custom which started by using the name of the person with the most land, which was usually the male, but as women lost their rights and became simply part of their husband's identity, it made sense for them to use their husband's name (In re Natale, 527 S.W.2d 402).

In California the usage method (changing it at will under common law) is sufficient to change one's name. Although it is federal law to allow this, it is not followed in all states.[citation needed] Some jurisdictions require that the new name be used exclusively (e.g., 22 CFR 51.24 for obtaining a passport), while others have no such requirement (e.g., Kreuter v US 201 F2d 33 (true name need not be abandoned), FL Statute 322.22 (driver's licenses in two names), Loser v. Plainfield, 128 N.W. 1101 (Iowa), Ludwinska v John Hancock 317 Pa 577 (may be used for just one nonfraudulent transaction). Any fraudulent use or intent, such as changing one's name to the same name as another person's name, may invalidate this type of name change.

Specifically in California, Code of Civil Procedure § 1279.5 and Family Code § 2082 regulate common law and court decreed name changes. Code of Civil Procedure § 1279.5 (a) reads, “Except as provided in subdivision (b), (c), (d), or (e), nothing in this title shall be construed to abrogate the common law right of any person to change his or her name.” Subdivisions b through e preclude one from changing their name by common law if they are in state prison, on probation, on parole, or been a convicted sex offender. If a person is not in any of these categories, then a common law name change is allowed. Family Code § 2082 also specifically states, “Nothing in this code shall be construed to abrogate the common law right of any person to change one's name.” [edit] Officially registering a name change

A legal name change is merely the first step in the name-change process. One must officially register one's new name with the appropriate authorities whether the change was made as a result of a court order, marriage, divorce, adoption, or any of the other methods described above. The process includes notifying various government agencies, each of which may require legal proof of the name change and which may or may not charge a fee. Important government agencies to be notified include the social security office[6], Passport Office, Post Office, and one's local department of motor vehicles for a new driver's license. Additionally the new name must be registered with other institutions such as one’s employer, bank, doctor, mortgage, insurance and credit card companies. Online services are available to assist in this process either through direct legal assistance or automated form processing.

Although state requirements differ, it is generally recommended to first register a new name with the social security office as some states’ motor-vehicle departments require updated social security cards to make changes; Arizona is one of these states.[7]

Time can be of the essence. Most states require name changes to be registered with their departments of motor vehicles (DMVs) within a certain time frame. For example, South Carolina[8], and Wyoming[9] require a name change be registered with their office in a mere ten days. States like Illinois[10] and Texas[11] require it be registered within 30 days, while North Carolina provides its residents up to 60 days.[12] New York State requires visiting a local motor vehicle office to change one's name on all records and documents, but without definite deadline to do so.[13] The fees for registering a new name vary from state to state. The forms, along with the state-specific requirements, can generally be obtained for free.

PatrickHenry  posted on  2010-01-08   20:20:55 ET  Reply   Untrace   Trace   Private Reply  

In my state, every able bodied man between the 18 & 45 are considered "part of the militia".

isn't this supposedly the case via the Bill of Rights/2nd A in all 50 states? are you in California?

also, that's an interesting solution dropping a middle name/initial. i'd not heard that before.

christine  posted on  2010-01-09   11:49:35 ET  Reply   Untrace   Trace   Private Reply  

in part

The Militia Act of 1792, Passed May 8, 1792, providing federal standards for the organization of the Militia.

An ACT more effectually to provide for the National Defence, by establishing an Uniform Militia throughout the United States.

I. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That each and every free able-bodied white male citizen of the respective States, resident therein, who is or shall be of age of eighteen years, and under the age of forty-five years (except as is herein after excepted) shall severally and respectively be enrolled in the militia, by the Captain or Commanding Officer of the company, within whose bounds such citizen shall reside, and that within twelve months after the passing of this Act. And it shall at all time hereafter be the duty of every such Captain or Commanding Officer of a company, to enroll every such citizen as aforesaid, and also those who shall, from time to time, arrive at the age of 18 years, or being at the age of 18 years, and under the age of 45 years (except as before excepted) shall come to reside within his bounds; and shall without delay notify such citizen of the said enrollment, by the proper non-commissioned Officer of the company, by whom such notice may be proved. That every citizen, so enrolled and notified, shall, within six months thereafter, provide himself with a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch, with a box therein, to contain not less than twenty four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball; or with a good rifle, knapsack, shot-pouch, and powder-horn, twenty balls suited to the bore of his rifle, and a quarter of a pound of powder; and shall appear so armed, accoutred and provided, when called out to exercise or into service, except, that when called out on company days to exercise only, he may appear without a knapsack. That the commissioned Officers shall severally be armed with a sword or hanger, and espontoon; and that from and after five years from the passing of this Act, all muskets from arming the militia as is herein required, shall be of bores sufficient for balls of the eighteenth part of a pound; and every citizen so enrolled, and providing himself with the arms, ammunition and accoutrements, required as aforesaid, shall hold the same exempted from all suits, distresses, executions or sales, for debt or for the payment of taxes.

IRTorqued  posted on  2010-01-09   13:20:41 ET  Reply   Untrace   Trace   Private Reply  

The Militia Act of 1792 was passed on May 2, 1792. That Act may be seen in the U.S. Statutes at Large here.

The Militia Act of 1792 was repealed and replaced by the Militia Act of 1795.

| PAGES 1507-1508 |

PAGES 1509-1510 |

The Militia Act of 1795 begins on page 1508 and ends on page 1510.

An Act to provide for calling forth the Militia to exe­cute the Laws of the Union, suppress insurrection and repel invasions, and to repeal the act now in force for those purposes.

Be it enacted, &c., That whenever the United States shall be invaded, or be in imminent danger of invasion from any foreign nation or Indian tribe, it shall be lawful for the President of the United States to call forth such number of the militia of the State or States most convenient to the place of danger or scene of action, as he may judge necessary to repel such invasion, and to issue his orders for that purpose to such officer or officers of the militia as he shall think proper. And, in case of an insurrection in any State against the Government thereof, it shall be lawful for the President of the United States, on application of the Legislature of such State, or of the Executive, (when the Legislature cannot be convened,) to call forth such number of the militia of any other State or States as may be applied for, as he may judge sufficient to suppress such insurrection.

Sec. 2. And be it further enacted, That when­ever the laws of the United States shall be opposed, or the execution thereof obstructed in any State, by combinations too powerful to be sup­pressed by the ordinary course of judicial proceedings, or by the powers vested in the Marshals by this act, it shall be lawful for the President of the United States to call forth the militia of such State, or of any other State or States, as may be necessary to suppress such combinations, and to cause the laws to be duly executed; and the use of militia so to be called forth, may be continued, if necessary, until the expiration of thirty days after the commencement of the then next session of Congress.

Sec. 3. Provided always, and be it further enacted, That whenever it may be necessary, in the judgment of the President, to use the military force hereby directed to be called forth, the Presi­dent shall forthwith, by proclamation, command such insurgents to disperse, and retire peaceably to their respective abodes within a limited time,

Sec. 4. And be it further enacted, That the militia employed in the service of the United Status shall be subject to the same rules and ar­ticles of war as the troops of the United States; and that no officer, non-commissioned officer, or private of the militia, shall be compelled to serve more than three months after his arrival at the place of rendezvous, in any one year, nor more than in due rotation with every other able-bodied man of the same rank in the battalion to which he belongs.

Sec 5. And he it further enacted, That every officer, non-commissioned officer, or private of the militia, who shall fail to obey the orders of the President of the United States, in any of the cases before recited, shall forfeit a sum not ex­ceeding one year's pay, and not less than one month's pay, to be determined and adjudged by a court-martial; and such officers shall moreover be liable to be cashiered, by sentence of a court-mar­tial, and be incapacitated from holding a commis­sion in the militia for a term not exceeding twelve months, at the discretion of the said court; and such non-commissioned officers and privates shall be liable to be imprisoned, by a like sentence, on failure of payment of the fines adjudged against them, for one calendar month for every five dollars of such fine.

Sec 6. And be it further enacted, That courts-martial for the trial of militia shall be composed of militia officers only.

Sec 7. And be it further enacted, That all fines to be assessed, as aforesaid, shall be certified by the presiding officer of the court-martial, before whom the same shall be assessed, to the Mar­shal of the District in which the delinquent shall reside, or to one of his deputies, and also to the Supervisor of the Revenue of the same District, who shall record the said certificate in a book, to be kept for that purpose. The said Marshal or his deputy shall forthwith proceed to levy the said fines, with costs, by distress and sale of the goods and chattels of the delinquent; which costs and the manner of proceeding, with respect to the sale of the goods distrained, shall be agree­able to the laws of the State in which the same shall be in other cases of distress. And where any non-commissioned officer or private shall be adjudged to suffer imprisonment, there being no goods or chattels to be found, whereof to levy the said fines, the Marshal of the District or his depu­ty may commit such delinquent to jail during the term for which he shall be so adjudged to imprisonment, or until the fine shall be paid, in the same manner as other persons condemned to fine and imprisonment at the suit of the United States may be committed.

Sec, 8. And be it further enacted, That the Marshals and their deputies shall pay all such fines by them levied to the Supervisor of the Revenue in the District in which they are collected within two months after they shall have received the same, deducting therefrom five per centum as a compen­sation for their trouble; and, in case of failure, the same shall be recoverable by action of debt or information in any Court of the United States of the district in which such fines shall be levied, having cognizance thereof, to be sued for, prosecuted, and recovered, in the name of the Supervisor of the District, with interest and costs.

Sec. 9. And be it further enacted, That the Marshals of the several Districts and their deputies shall have the same powers, in executing the laws of the United States, as Sheriffs and their deputies in the several States have, by law, in executing the laws of the respective States.

Sec. 10. And be it further enacted, That the act, entitled "An act to provide for calling forth the militia to execute the laws of the Union, sup­press insurrections, and repel invasions," passed the second day of May, one thousand seven hun­dred and ninety-two, shall be and the same is hereby repealed.

Approved, February 28, 1795.

nolu_chan  posted on  2010-01-13   15:11:11 ET  Reply   Untrace   Trace   Private Reply  

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