Nikolaj Volkov vs Los Santos Police Department

[Harlow_Fletcher]

SUPERIOR COURT OF SAN ANDREAS

COUNTY OF LOS SANTOS

CIVIL DIVISION

 

Case Name: Nikolaj Volkov vs Los Santos Police Department

Plaintiff Attorney: Harlow Fletcher

 

CIVIL CASE COVER SHEET

_______________________________________________

 

1. Check one box below that best describes this case:

 

Personal Torts

[ ] Assault, battery, or unlawful contact

[ ] False imprisonment

[x] Intentional infliction of emotional distress

[x] Deprivation of rights under color of law

 

Negligent Torts

[x] Breach of duty

[x] Negligent infliction of emotional distress

[ ] Professional or Medical Negligence

 

Property Torts

[ ] Trespassing or Conversion

[ ] Nuisance

[ ] Theft

[ ] Detainder

 

Dignitary Torts

[ ] Defamation (Slander or Libel)

[ ] Invasion of privacy

[ ] Breach of confidence

[x] Abuse of process

[ ] Malicious prosecution

[ ] Alienation of affections

 

Business Torts

[ ] Fraud

[ ] Tortious interference

[ ] Conspiracy

[ ] Restraint of trade

[ ] Passing off

 

Contracts

[ ] Breach of Contract

[ ] Collections

 

Judicial Review

[ ] Denial or Revocation of Business License

[x] Denial or Revocation of Firearms License

 

2. List any damages sustained or fees accrued. Include billing rate for attorneys, expert witnesses, etc.

• Robbery and Assault: Value of stolen possessions : $10.000, medical expenses, pain and suffering.

• Job Loss: Past and future lost wages.

• Emotional Distress: Mental health treatment and pain and suffering.

• Legal Costs: $350,000 in attorney fees, plus $200 - $1,000 in court and administrative costs.

_______________________________________________

Certification. The undersigned swears or affirms, under penalty of perjury, that the information contained herein is truthful to the best of his knowledge.

 

Sworn this 25th day of July, 2024 by:

 

/S/ NAME OF PLAINTIFF

Nikolaj Volkov

Plaintiff

 

/S/ NAME OF ATTORNEY
Harlow Fletcher

Attorney for Plaintiff

[Fabi]

* The clerk's office would process the cover sheet. The case would be registered under docket "BCV24003", docket of Hon. Sergio Robleto. The plaintiff would be informed to forward the Case Brief accordingly. *

 

@Harlow_Fletcher

[Harlow_Fletcher]

2 hours ago, Fabi said:

 

Edited July 25, 2024 by Harlow_Fletcher

[Harlow_Fletcher]

Plaintiff v. Defendant

 

Case Number: BCV24003

Prepared by: Harlow Fletcher

 

CIVIL CASE BRIEF FOR [PLAINTIFF/DEFENDANT]

_______________________________________________

 

Argument

1.The Los Santos Police Department is a judicial agency operating in the Los Santos area, and Mister Nikolaj Volkov is an ordinary citizen with a registered address, a workplace and a vehicle, as well as valid documents.

2. On a Monday, July 22, Mister Volkov was walking home from work as his vehicle was being serviced,when a driver he already knew from the past offered him to give him a ride, Mr. Volkov accepted this offer and got into the vehicle, and they set off for their destination.

3. On the way home, the local law enforcement agency, i.e. the Los Santos Police Department, wanted to stop the driver of the vehicle, which revealed that the driver who picked up Mister Volkov has a criminal record and is being prosecuted.

4. The driver of the vehicle refused to comply with the police instructions and began to flee at high speed, making it impossible for Mister Volkov to leave the vehicle, due to this, Mister Volkov got into a vehicle with a criminal against his will.

5. During the chase, Mister Volkov repeatedly indicated to the police officers that he was not cooperating with the driver of the vehicle and was stuck in the car against his will.

6. After a long chase, the law enforcement agencies caught up with the fleeing driver and arrested him and Mister Volkov who identified himself several times during the arrest, by the way, Mr. Volkov was extremely cooperative during the procedure and did not obstruct the arrest in any way, therefore he did not give any reason to be considered as an accomplice.

7. Then the law enforcement officers took Mister Volkov to the police station and started interrogating him and asking him questions to which Mister Volkov answered, unfortunately, despite Mister Volkov's cooperation during the whole procedure, the police officers were extremely disrespectful to him and laughed in my client's eyes.

8. Neither during the interrogation nor during the arrest, the police officers did not read my client his rights, and they did not even inform my client why they were searching his clothes and why he was being taken to the police station, since they had no valid reason for doing so.

9. Then at the end of the interrogation, the police officers by name : Sergeant Hollow badge number : 30-7-40, Maximus Carrasco badge number : 40-924, they released my client and revoked his PF license, which they did completely illegally, since my client did not participate in the crime and cooperated with the instructions even though they were not correct and they did not even have a compelling reason for it.

10. After they let him go my client suffered multiple material damage and he had to take mental health treatment after the affair.

 

 

Exhibits

1. Following the regulation, it can be seen on the police website that the revocation was completely illegal.

(( Link to OOC Proof ))

https://imgur.com/znxZb6M

 

Witness List

1. Apart from the driver and the participating police officers, there were no other witnesses, and the bodycam recording of the police officers can also serve as evidence.

 

 

_______________________________________________

Certification. The undersigned swears or affirms, under penalty of perjury, that the information contained herein is truthful to the best of his knowledge.

 

Sworn this 25th day of July, 2024 by:

 

/s/ NAME OF ATTORNEY

Harlow Fletcher

Edited July 25, 2024 by Harlow_Fletcher

[Harlow_Fletcher]

Plaintiff v. Defendant

 

 

 

Case Number: BCV24003

 

Prepared by: Harlow Fletcher

 

 

 

CIVIL CASE BRIEF FOR [PLAINTIFF/DEFENDANT]

 

_______________________________________________

 

 

 

Argument

 

1.The Los Santos Police Department is a judicial agency operating in the Los Santos area, and Mister Nikolaj Volkov is an ordinary citizen with a registered address, a workplace and a vehicle, as well as valid documents.

 

2. On a Monday, July 22, Mister Volkov was walking home from work as his vehicle was being serviced,when a driver he already knew from the past offered him to give him a ride, Mr. Volkov accepted this offer and got into the vehicle, and they set off for their destination.

 

3. On the way home, the local law enforcement agency, i.e. the Los Santos Police Department, wanted to stop the driver of the vehicle, which revealed that the driver who picked up Mister Volkov has a criminal record and is being prosecuted.

 

4. The driver of the vehicle refused to comply with the police instructions and began to flee at high speed, making it impossible for Mister Volkov to leave the vehicle, due to this, Mister Volkov got into a vehicle with a criminal against his will.

 

5. During the chase, Mister Volkov repeatedly indicated to the police officers that he was not cooperating with the driver of the vehicle and was stuck in the car against his will.

 

6. After a long chase, the law enforcement agencies caught up with the fleeing driver and arrested him and Mister Volkov who identified himself several times during the arrest, by the way, Mr. Volkov was extremely cooperative during the procedure and did not obstruct the arrest in any way, therefore he did not give any reason to be considered as an accomplice.

 

7. Then the law enforcement officers took Mister Volkov to the police station and started interrogating him and asking him questions to which Mister Volkov answered, unfortunately, despite Mister Volkov's cooperation during the whole procedure, the police officers were extremely disrespectful to him and laughed in my client's eyes.

 

8. Neither during the interrogation nor during the arrest, the police officers did not read my client his rights, and they did not even inform my client why they were searching his clothes and why he was being taken to the police station, since they had no valid reason for doing so.

 

9. Then at the end of the interrogation, the police officers by name : Sergeant Hollow badge number : 30-7-40, Maximus Carrasco badge number : 40-924, they released my client and revoked his PF license, which they did completely illegally, since my client did not participate in the crime and cooperated with the instructions even though they were not correct and they did not even have a compelling reason for it.

 

10. After they let him go my client suffered multiple material damage and he had to take mental health treatment after the affair.

 

 

 

 

 

Exhibits

 

1. Following the regulation, it can be seen on the police website that the revocation was completely illegal.

 

(( Link to OOC Proof ))

https://imgur.com/znxZb6M

 

 

 

Witness List

 

1. Apart from the driver and the participating police officers, there were no other witnesses, and the bodycam recording of the police officers can also serve as evidence.

 

 

 

 

 

_______________________________________________

 

Certification. The undersigned swears or affirms, under penalty of perjury, that the information contained herein is truthful to the best of his knowledge.

 

 

 

Sworn this 25th day of July, 2024 by:

 

 

 

/s/ NAME OF ATTORNEY

 

Harlow Fletcher

Edited July 25, 2024 by Harlow_Fletcher

[Fabi]

"It's been determined by the Court that cause of action exists under the presented circumstances. As such, I'm mandating the plaintiff to serve the opposing party or their counsel and provide proof of the notification to the court. I'll be expecting an update in a maximum of 48 hours regarding this."

 

(( Please make sure to inform the party at an OOC level as well and attach proof accordingly. Thank you! @Harlow_Fletcher ))

[Harlow_Fletcher]

The defendant has been notified.

[Fabi]

The Defendant or his counsel is ordered to enter a plea on or before August 1st, 2024 at 11:00 AM (( server time )) or a default judgment shall issue to the Plaintiff.7

 

@Michael @Harlow_Fletcher

Edited July 29, 2024 by Fabi
tags

[ImperiumXVII]

Nikolaj Volkov v. Los Santos Police Department
 

Case Number: BCV24003

Prepared by: Sophie Thyne
 

MOTION FOR CONTINUANCE

_______________________________________________
 

In order to enter a fair and correct plea that is in the interest of Plaintiff, the Los Santos Police Department requests a continuance of 7 days in order to conduct an internal investigation, confirm that relevant department employees are not currently on paid time off, and better prepare. The Los Santos Police Department currently employes hundreds of employees that might be relevant to this case and as such, we request that we are given appropriate time to determine the facts of the case before a plea is entered.

_______________________________________________

Certification. The undersigned swears or affirms, under penalty of perjury, that the information contained herein is truthful to the best of his knowledge.

 

Sworn this 29th day of July 2024 by:

 

/s/ SOPHIE THYNE

Sophie Thyne

[ImperiumXVII]

Nikolaj Volkov v. Los Santos Police Department
 

Case Number: BCV24003

Prepared by: Sophie Thyne
 

MOTION TO DISMISS

_______________________________________________
 

The subjects of the lawsuit, Sergeant Hollow 30740 and Maximus Carrasco 40924 are not employees of the Los Santos Police Department, and have never been employees of the department. The lawsuit is not pertinent to the defendant, thus no cause of action has been demonstrated against the Los Santos Police Department.

_______________________________________________

Certification. The undersigned swears or affirms, under penalty of perjury, that the information contained herein is truthful to the best of his knowledge.

 

Sworn this 29th day of July 2024 by:

 

/s/ SOPHIE THYNE

Sophie Thyne

 

@Fabi @Harlow_Fletcher

[Fabi]

"There is not much to say to that. Counsellor, do you wish to combat the motion to dismiss in any way or would you like the opportunity to re-file this?

 

@Harlow_Fletcher

[Fabi]

"The motion is granted. The plaintiff is asked to re-file if need be."

 

@Harlow_Fletcher @Michael