Professional Documents
Culture Documents
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COMES NOW Plaintiffs Erick Muathe, Julie Stover, Kasey King, Lester Moore,
Richard Dickerson, Patrick Dickerson, Travis Carlton, Dustin Blair, Michael King, and
Thomas Walters, Ferederick Grable, Stacy Stevens, Zachary Walden, James Beckley, Jr.,
Danny Stevens, Jase Greenwood, and Reggie Rhue, Jr., Joe Stover, Chet Stover, Hannah
Stover, Tony Simons, Bo Coy, Trentin Calton, Karen Calton, Kandice Duncan, Clark J.
Anderson, Matt Moore, Mandy Duncan, Matt Schwab, Josh Moore, Makaihlah Gibbs,
Jennifer Turnbough, Tristin Cramer, Dallas Garner, Drew Christiansen, Ben James,
Shawna Smutzler, Kevin Seybold, Whitney Coy, Marc Doherty, Robby Phillips, John
Mack, Leonard Mack, Steven Melton, Deni Melton, David Wilderman, John Clotheir,
and Brian Hamm, (hereinafter collectively referred to as plaintiffs), by and through
their attorney Prince Adebayo Ogunmeno of Kansas City, Kansas, and amends their
petition for their cause of action against the defendants state and allege as follows:
PARTIES
1. The plaintiffs are individual persons, adult citizens of the United States, and at all
times material to this complaint are resident of this district.
FACTS
12. The above paragraphs are incorporated by reference.
13. On or about February, 2015, the plaintiffs formed a group named Summary Judgment
Group, an unregistered association, to advance their constitutional rights to freedom
of speech and the rights to petition the government as enshrined in the First
Amendment to the United States Constitution, including expression of their
displeasure with perceive conflict of interests between local attorneys and judges in
handling cases in Crawford County District Court system.
14. In pursuit of their constitutional and civil rights, plaintiffs began a petition drive to
summon a grand jury to remove sitting Crawford County District Judges, including
defendant Fleming and Loy.
15. In furtherance of their goal and legal requirements of collection of sufficient
registered voters signatures, plaintiffs approached defendant My Town Media, Inc.,
who operates a local radio station commonly known as 100.7 ESPN to purchase radio
advertisement spots.
16. On February 16, 2015, plaintiffs entered into a contractual agreement with defendant
My Town Media, Inc., for an advertisement spots on defendants F.M. 100.7 ESPN
radio station.
17. The parties agreed plaintiffs signature drive advertisement spot will air during a
popular morning sport show commonly known as Mike and Mike at 7:55 a.m. each
day for 30 days.
18. In exchange plaintiffs agreed and paid defendant My Town Media, Inc., the agreed
fees for airing plaintiffs advertisement spots for 30 days.
19. In addition, the parties agreed that the defendant My Town Medical, Inc., will create
and produce the content of the plaintiffs signature drive advertisement spots.
20. On February 16, 2015, the plaintiffs tendered full payment of the advertisement
purchase to defendant My Town Medical, Inc.
21. On or about February 17, 2015, the defendant My Town Media, Inc., created and
produced the sample advertisement spot for plaintiffs review and approval.
22. The plaintiffs relied entirely on defendant My Town Media, Inc., experience and
expertise in radio advertisement creation; and based on defendants suggestions and
recommendations, plaintiffs approved the advertisement spot the defendant My Town
Media, Inc., created and produced for publication.
23. On February 18, 2015, and February 19, 2016, the defendant My Town Media, Inc.,
ran plaintiffs signature drive campaign advertisement spots as the parties agreed.
24. Information has it that on February 19, 2015, the defendant Fleming and Loy became
aware of the plaintiffs signature drive campaign advertisement on FM 100.7 ESPN
radio station.
25. According to information and belief, the defendant Fleming and Loy agreed to use
their positions as Crawford County District Court Judges to stop plaintiffs radio
signature drive advertisement.
26. Information further has it that defendant Fleming and/or Loy contacted defendant My
Town Media, Inc., and its employee and/or agent Mann and prevailed on them to join
the conspiracy and then jointly made the decision to stop running plaintiffs signature
drive radio advertisement immediately.
27. Information further has it that defendant Fleming in furtherance of the agreement with
defendant Loy convinced defendant My Town Media, Inc., and its employee and/or
agent defendant Mann to join in the conspiracy and act together to stop plaintiffs
signature drive and radio campaign.
28. Within hours after defendant Fleming contacted defendant My Town Media, Inc.,
and its employee and/or agent Mann On February 19, 2015, the defendant My Town
Media, Inc., acting through its employees and/or agents pulled the plaintiffs
signature drive advertisement campaign off the air.
29. Further, after the defendant My Town Media, Inc., pulled plaintiffs signature drive
advertisement off the air, defendant advised plaintiffs it cancelled the radio
advertisement contract because the content violated the Federal Communication
Commission (herein after referred to as FCC) rules governing radio advertisement.
30. Plaintiffs suggested to defendant My Town Media, Inc., to recreate and to make the
content of plaintiffs signature drive advertisement conform to FCC rules.
31. However, the defendant My Town Media, Inc., refused plaintiffs offers and
suggestions in furtherance of their conspiracy to deny plaintiffs their constitutional
and civil rights.
COUNT ONE
DEFENDANTS VIOLATED PLAINTIFFS RIGHTS UNDER 42 U.S.C 1985
32. The above paragraphs are incorporated by reference.
33. Plaintiffs are members of a private citizen class-based protected group, and plaintiffs
are involved in a protected speech and actions under the First Amendment to the
United States Constitution.
34. In furtherance of plaintiffs constitutional right under the First Amendment to the
Constitution, plaintiffs began a signature drive to gain community support for their
cause.
35. Shortly thereafter plaintiffs, individually and as a group, contracted with defendant
My Town Media, Inc., to create and produce a radio advertisement to promote their
cause.
36. The defendant Fleming, Loy, and My Town Media, Inc., agreed among themselves to
deprived plaintiffs of their Constitutional and First Amendment rights by bringing
about the termination of plaintiffs radio advertisement.
37. The defendant Fleming, Loy, and My Town Media, Inc., actions were motivated by
defendant Fleming and Loy invidious discriminatory animus against plaintiffs
individually and as members of a protected class and because plaintiffs were engaged
in protected activities.
38. As a direct and proximate result of defendants wrongful actions and conspiracy,
plaintiffs suffered deprivation of their civil rights under the First Amendment to the
United States Constitution.
WHEREFORE, plaintiffs pray the court for judgment against defendant Fleming,
Loy, and My Town Media, Inc., for actual and punitive damages, for plaintiffs costs,
including reasonable attorney fees, and for all other reliefs the court find just and proper.
COUNT TWO
DEFENDANT VIOLATED PLAINTIFFS RIGHTS UNDER 42 U.S.C 1981
39. The above paragraphs are incorporated by reference.
40. Plaintiffs are members of a private citizen class-based protected group, and plaintiffs
were engaged in protected speech and protected activities under the First Amendment
to the United States Constitution.
41. On February 19, 2015, there was in existence a valid contract between plaintiffs and
defendant My Town Media, Inc. of which defendant Fleming and Loy possessed
knowledge of the existence.
42. By the actions and/or inactions described in the preceding paragraphs, the defendant
Fleming and Loy willfully and intentionally interfere, impede, and brought about the
breach and termination of the existing radio advertisement contract between the
plaintiffs and the defendant My Town Media, Inc.
43. The defendant Fleming, Loy, and My Town Media, Inc., actions was motivated by
defendants invidious discriminatory animus against plaintiffs individually and as
members of a protected class and/or because plaintiffs were engaged in protected
activities.
44. As a direct and proximate cause of the defendants wrongful and intentional
interference with plaintiffs contractual relationship with defendant My Town Media.,
Inc., plaintiffs suffered harm and damages for which they are entitled to recover
compensatory damages from the defendant Fleming and Loy.
WHEREFORE, plaintiffs pray the court for judgment against defendant Fleming,
Loy, and My Town Media, Inc., for actual and punitive damages, for plaintiffs costs,
including reasonable attorney fees, and for all other reliefs the court find just and proper.
COUNT THREE
DEFENDANTS VIOLATED PLAINTIFFS RIGHTS UNDER 42 U.S.C 1983
51. On February 16, 2015, the plaintiffs individually and as member of an unregistered
association entered into a radio advertisement contract with the defendant My Town
Media, Inc., on behalf of, and for the benefit of all plaintiffs.
52. The defendant My Town Media, Inc., promised to create the content and produce a
radio advertisement for plaintiffs signature drive for a grand jury petition; in
exchange the plaintiffs promised to pay defendant its usual and customary charges for
such radio spot for a 30 days run.
53. In addition, the parties agreement imposes the general contractual duties and
obligations, including but not limited to a duty to act in good faith.
54. The plaintiffs have fully performed their obligations under the parties contract by
payment to defendant My Town Media, Inc., in advance, the agreed contract amount.
55. However, the defendant breached the parties contract when it withdrawn and refused
to continue to run plaintiffs signature drive radio campaign after it ran it for just two
days out of the 30 days agreed to in the parties contract.
56. The actions taken and/or not taken by the defendants constitute a breach of contract
under Kansas law.
57. As a result of the defendants breach of the parties agreement the plaintiffs suffered
injury for which they are entitled to recover compensatory damages from the
defendant.
WHEREFORE, the plaintiffs pray the court for judgment against the defendant
My Town Media, Inc., in an amount that is just and reasonable, for their costs, including
reasonable attorney fees, if appropriate, and for all other reliefs the court find just and
proper.
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COUNT SIX
TORTIOUS INTERFERENCE WITH CONTRACTUAL RELATIONS
64. The above paragraphs are incorporated by reference.
65. On February 19, 2015, there was in existence a valid contract between plaintiffs and
defendant My Town Media, Inc.
66. The defendant Fleming and Loy possessed knowledge of an existing radio
advertisement contract between plaintiffs and defendant My Town Media, Inc.
67. By the actions and/or inactions described in the preceding paragraphs, the defendant
Fleming and Loy willfully and intentionally brought about the breach of the existing
radio advertisement contract between the plaintiffs and the defendant My Town
Media, Inc.
68. The defendant Fleming and Loy have no legal excuse or legal justification to cause
the breach of the existing contract between plaintiffs and My Town Media, Inc.
69. As a direct and proximate cause of the defendants wrongful and intentional
interference with plaintiffs contractual relationship with defendant My Town Media.,
Inc., the plaintiffs suffered harm and damages for which they are entitled to recover
compensatory damages from the defendant Fleming and Loy.
WHEREFORE, the plaintiffs pray the court for judgment against the defendant
Fleming and Loy in an amount in excess of $75, 000.00, for their costs, for all other
reliefs the court find just and proper.
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