Have you ever read the complaint against ST? It has an entire section devoted to Deprivation of Constitutional Rights.
COUNT FOUR - 42 U.S.C. § 1983 DEPRIVATION OF CONSTITUTIONAL RIGHTS
144.
Plaintiffs John and Patsy Ramsey hereby incorporate, adopt and re-allege Paragraphs 1 through 28 of the Jurisdictional Statement of this Complaint, Paragraphs 29 through 52 of the Factual Statement of this Complaint and Paragraphs 53 through 105 of Count One of this Complaint and Paragraphs 106 through 129 of Count Two of this Complaint, Paragraphs 130 through 143 of Count Three of this Complaint as if fully set forth herein.
145.
Defendant Thomas and unknown officials of the Boulder Police Department, including, but not limited to, Defendant Officer John Doe 1, Defendant Officer John Doe 2, Defendant Officer John Doe 3 and Defendant Officer Jane Doe (hereinafter "the unknown Boulder Police co-conspirators"), are sued in their individual capacities.
146.
At all times referred to herein, the unknown Boulder Police co-conspirators were employed by the City of Boulder Police Department as police officers or high-ranking police officials.
147.
At all times referred to herein, Defendant Thomas and the unknown Boulder Police co-conspirators acted under color of the laws, statutes, ordinances, regulations, policies, customs and usages of the State of Colorado and the City of Boulder.
148.
Prior to the publication of the hardback book, Defendant Thomas and the unknown Boulder Police co-conspirators expressly or impliedly entered into an agreement to deny Plaintiffs John and Patsy Ramsey their constitutional rights to privacy, due process of law and equal protection of the laws under the Fifth, Ninth and Fourteenth Amendments to the U.S. Constitution (hereinafter "the Boulder Police conspiracy").
149.
In furtherance of the Boulder Police conspiracy, as admitted by Defendant Thomas in the Author's Note to the books, the unknown Boulder Police co-conspirators were actively involved in the preparation of Defendant Thomas' book:
To certain members of the Boulder Police Department, cops who still cannot speak out publicly and who know this story all too well, I appreciate your continued support and the confidences you provided me in the preparation of this book.
150.
In furtherance of the Boulder Police conspiracy, prior to resigning from the Boulder Police Department, Defendant Thomas, with the active assistance of the unknown Boulder Police co-conspirators, unlawfully copied, confiscated and obtained documents and materials from confidential law enforcement files of the JonBenét Ramsey murder investigation and unlawfully obtained confidential law enforcement information about the JonBenét Ramsey murder investigation (hereinafter collectively "confidential law enforcement information").
151.
In furtherance of the Boulder Police conspiracy, after he resigned his position as a City of Boulder police officer, Defendant Thomas continued to receive confidential law enforcement information from the unknown Boulder Police co-conspirators.
152.
The information upon which Defendant Thomas relies in his book and in his media interviews as the basis for his false accusations that Plaintiff Patsy Ramsey killed her daughter, JonBenét Ramsey, and Plaintiff John Ramsey engaged in a criminal cover-up of her crime, is almost exclusively the product of, or directly derived from, the confidential law enforcement information.
153.
Much of the information upon which Defendant Thomas relies in his book and in his media interviews to support his false accusations that Plaintiff Patsy Ramsey killed her daughter, JonBenét Ramsey, and wrote the ransom note found in her home on the morning of December 26, 1996 and that Plaintiff John Ramsey engaged in a criminal cover-up of his wife's crime, is information that could not have been obtained by him or by the unknown Boulder Police co-conspirators except for the exercise of the state police power to investigate crimes under color of state law, including obtaining information through search warrants and consent forms.
154.
But for his former position as a Boulder, Colorado Police officer and the efforts of the unknown Boulder Police co-conspirators, Defendant Thomas would not have had access to confidential law enforcement information that was essential to his ability to write and publish the books.
155.
The Boulder Police Department obtained personal and private information from Plaintiffs John and Patsy Ramsey under color of state law and Plaintiffs John and Patsy Ramsey had a right to expect that Boulder police officers and officials would not unlawfully disclose confidential law enforcement information to the public and members of the media and that the information would not be utilized by Boulder police officers to write and publish a book about the investigation into their daughter's murder during an ongoing murder investigation.
156.
The illegal copying, confiscation, obtaining and misuse of confidential law enforcement information by Defendant Thomas and by the unknown Boulder Police co-conspirators deprived Plaintiffs John and Patsy Ramsey of their constitutional right to privacy under the Fifth, Ninth and Fourteenth Amendments to the U.S. Constitution, as it allowed for public disclosure of their private financial information, their private medical information and private facts about their personal lives that were only obtained by Defendant Thomas and the unknown Boulder Police co-conspirators through the exclusive state police power to investigate crimes under color of state law.
157.
Defendant Thomas and the unknown Boulder Police co-conspirators conspired to unlawfully copy, confiscate and obtain confidential law enforcement information for the purpose of making that information public and thereby making it available to private litigants for use in civil litigation against Plaintiffs John and Patsy Ramsey.
158.
The confidential law enforcement information published by Defendant Thomas, with the active assistance of the unknown Boulder Police co-conspirators, has been used to support essential elements of two civil lawsuits filed against Plaintiffs John and Patsy Ramsey, Linda Hoffman-Pugh v. Patricia Ramsey and John Ramsey, Civil Action File No. 1:01 CV-0630, U.S.D.C. (N.D Ga) and Robert Christian Wolf v. John Bennett Ramsey and Patricia Paugh Ramsey, Civil Action No. 1:00-CV-1187, U.S.D.C. (N.D Ga), which include accusations that Plaintiff Patsy Ramsey killed her daughter JonBenét Ramsey, and wrote the ransom note found in her home on the morning of December 26, 1996, and that Plaintiff John Ramsey engaged in a criminal cover-up of his wife's crime.
159.
Plaintiffs John and Patsy Ramsey's ability to defend themselves against these civil lawsuits that seek to put them on trial for the murder of their daughter is prejudiced by the fact that the plaintiffs in those actions have the benefit of the confidential law enforcement information published by Defendant Thomas with the active assistance of the unknown Boulder Police co-conspirators.
160.
Plaintiffs John and Patsy Ramsey's ability to defend themselves against these civil lawsuits that seek to put them on trial for the murder of their daughter is prejudiced by the fact that they do not have the ability to obtain relevant confidential law enforcement information about the investigation of their daughter's murder that would be strong and compelling evidence establishing their innocence.
161.
The illegal copying, confiscation, obtaining and misuse of confidential law enforcement information by Defendant Thomas and by the unknown Boulder Police co-conspirators deprived Plaintiffs John and Patsy Ramsey of their constitutional rights to due process of law and equal protection of laws under the Fifth and Fourteenth Amendments to the U.S. Constitution as it prejudiced them by subjecting them to civil lawsuits and by denying them the ability to fairly and fully defend themselves in said civil litigation.
CONTINUED