In exactly 2 weeks in Keene District Court, the case of Darryl W. Perry vs. City of Keene, Fred Parsells & Gary LaFreniere will go before a judge at District Court in Keene for a “Hearing on the Merits.”
Last week, I received an envelope from Erik G. Moskowitz – the attorney for the City – containing a 7 page “Motion to Dismiss.” That motion can be downloaded here.
I am filing the following response:
RESPONSE TO MOTION TO DISMISS
I object to the defendants‘ motion to dismiss:
1. The defendants do not deny awaking me from my slumber.
2. The defendants were given multiple chances to apologize for that action. All of these requests were ignored.
3. The defendantsappeal to their own authority as an excuse for failing to accept responsibility for their actions. The defendants’ titles and papers do not absolve them of personal responsibility.
4. Article 10 of the New Hampshire Constitution states: “Government being instituted for the common benefit, protection, and security, of the whole community, and not for the private interest or emolument of any one man, family, or class of men; therefore, whenever the ends of government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the people may, and of right ought to reform the old, or establish a new government. The doctrine of nonresistance against arbitrary power, and oppression, is absurd, slavish, and destructive of the good and happiness of mankind.”
5. Nuremberg Principle IV states: “The fact that a person acted pursuant to order of his Government or of a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible to him.”
Prayer for Relief
WHEREFORE, I request the court order the following relief:
- Allow this case to move forward, or
- Issue a ruling that the defendants must issue a written or verbal apology to plaintiff; and
- Issue a ruling that defendants must pay restitution to the plaintiff, including reimbursement of any court fees; and/or
- Grant any other relief this Court deems just and proper.
Respectfully submitted,
Darryl W. Perry
