Wanda Alexander Hoston v. Earl Silbert, U. S. Attorney for the District of Columbia

1. The Plaintiff Wanda Alexander Hoston is the wife of the deceased Curtis Hoston, Jr. and brings this action as the next of kin, Administrator of the estate of the deceased and next friend and mother of the daughter of the deceased, a minor Ayodele O. Hoston; and next friend of the deceased's other daughter Curtina Hoston; and for herself personally.

2. The Defendant Earl Silbert is the U.S. Attorney for D.C. and he is sued in his official capacity and personally.

3. The defendant H. F. Shulke III is the Exec. Asst. U.S. Atty. for D.C. and is sued in his official capacity both now and for events following the death of C. Hoston, when he was Grand Jury Section Chief for the Superior Court for D.C. and he is sued in his personal capacity.

4. The defendant Roistacher is sued in his official capacity as Grand Jury Section Chief for the U.S. Attorney for D.C. in the U.S. District Court and is also sued personally.

5. The defendant Griffin Bell is the U.S. Atty. General and is sued in both his personal and official capacity.

6. The defendant Pottinger was the head of the Civil Rights Division of the U.S. Dept. of Justice and is sued personally.

7. The defendant McDonald is Deputy Chief of the Criminal division of the Dept. of Justice and is sued in his official capacity and personally.

8. The defendant Days is the Asst. Atty. Gen'l. of the Civil Rights Division of the Dept. of Justice and is sued both in his official and personal capacity.Page 882

9. Deft. McKinney was the U.S. Marshall for the District of Columbia and is sued personally.

10. The defendant Hon. J. Jerome Bullock is the U.S. Marshall for the District of Columbia and is sued in his official capacity only.

11. The defendant Burch is an Asst. U.S. Marshall for D.C. and along with defendants John Does I, II, III IV are sued both in their official capacity and personally.

12. Defendant Washington was the Mayor of Washington, D.C. and is sued in his personal capacity.

13. Defendant HON. MARION BARRY is the present Mayor of Washington, D.C. and is sued in his official capacity only.

14. The defendant Chief Burtell Jefferson of the Metropolitan Police Department is sued in his official capacity only.

15. The defendant Cullinhane was the former chief of the Metropolitan Police Dept. of D.C. and is sued in his personal capacity.

16. Defendants John Doe V, VI, VII VIII and O'Donnell, Bailey, Pierson, Crist, Deane, J. K. Kelly, Sevilla and "Heasthanig" are all members of the Metropolitan Police Department and are sued in their official and personal capacities.

17. Defendant Hall is the Director of the U.S. Marshall's Service and is sued in his official and personal capacity.

18. Defendant C. Kelly was the former head and director of the F. B. I. and is sued in his personal capacity.

19. The defendants John Doe IX X are present members of the F. B. I and are sued in their official and personal capacities.

20. The defendant Hon. Wade McCree is the Solicitor General of the United States of America and is sued in his official capacity only.

21. Defendants Burch and John Doe I, II, III IV were at all times duly appointed and qualified U.S. Marshalls agents of the U.S. Government and acting in the course of their employment duties, however certain of the activities complained of herein were willfully maliciously in excess of and outside the scope of their employment.

22. Defendant Metropolitan Police Officers of the District of Columbia including then Chief Cullinhane and excepting Chief Jefferson were at all times duly appointed police officers and agents of the Municipal Corporation acting in the course of their employment and engaged in performance of their duties as police officers.

23. Defendant Thornburg is sued in his personal capacity and was at all pertinent times herein the head of the Criminal Division of the Department of Justice and a prime mover in the illegalities and conspiracies complained of herein. 1. This cause of action arises because of the murder, homicide and wrongful death of Curtis Hoston Jr. on Oct. 27, 1976 while a prisoner of the U.S. Marshalls in the lock-up of the Arraignment Court of the District of Columbia Superior Court. Defendant Asst. U.S. Marshall Carlisle Burch and others did willfully and maliciously and with a sadistic disregard for human life, "stomped" to death Mr. Hoston who being unarmed, prone and manacled was the recipient of such a frenzied profusion of blows that he was beaten repeatedly after loosing consciousness from his breastplate having been compressed to such a degree that his heart became ruptured after being impailed upon the vertebrae of his spine and then left to die for over 1/2 hour without medical attention in the U.S. Marshall's holding cell of the District of Columbia Superior Court-house. and the official conspiracy and cover-up thereafter.

2. Primary jurisdiction is vested in this honorable Court pursuant to the Federal Tort Claims Act28 U.S.C. § 1346et seq.Plaintiffs having exhausted their administrative claim which was perfected within two years of Oct. 2, 1976. This instant suit is filed within six months of the denial of that administrative claim.

3. The following causes of action are joined here as being pendent and ancillary to Federal jurisdictionPage 883

A. District of Columbia Wrongful Death Statute 11 D.C. Code 501, 16 D.C. Code 2701 (1973)

B. Both Criminal Civil¹Common Law offenses remain in force in the District of Columbia (49 D.C. Code 301) such that the Court had found inapplicable the rule that there is no common law offenses against the U.S. in D.C. (Harrison v.MayerD.C., Ga 1915 224 F.Supp. ____) as where police officers were tried for the common law offense of negligent escape. (U.S. Vs Davis 83 US App DC 99) — and — The general law of damages apply to injured persons for damages against a public officer for misfeasance and non feasance (63 AmJur 2d 1548 Damages; Costs Public Officers Employees) The following being common law crimes which are not "inconsistent with or replaced by a subsequent act of Congress." (49 D.C. Code 301)

3. B. continued, to wit:

i. Commonlaw crimes of Embracery Champerty.

ii. Public Officials violating their oaths of office.

iii. Commonlaw obstruction of justice including Grand Jury rigging corrupt failure to prosecute

iv. Murder and accessory after the fact thereto.

v. Misprison of felonies.

vi. Intimidation of witnesses to that murder

vii. Conspiracies involving i through vi above, including secreting witnesses from the Grand Juries.

C. Torts arising under the U.S. Constitution 5th. Amend. denial of life without due process; denial to Plaintiffs, the deceased and the public of ensuring the equal protection of the laws by corruptly conspiring and failure to prosecute public officials for Mr. Hoston's murder as well as the violation of his Civil Rights under the U.S. Code and the violation of his civil rights which resulted in a death under18 U.S.C. § 241242.

D. Widow's pecuniary loss for death of husband, companionship, comfort and protection and consortium support.

E. Children's pecuniary value of services from father including his love, advice and training, guidance support.

F. Prosecutors do not enjoy absolute immunity for activities in aid of an investigatory (grand jury) function as opposed to an advocate (prosecutorial) function (Briggs v. Goodwin 186 U.S.App.D.C. 179)

4. Plaintiffs complain of a conspiracy of injustice tyranny entrenched within the Federal Bureaucracy which is presently so pervasive as to insulate criminal public officials who as here murdered the deceased Mr. Hoston as in para. 1. above. This conspiracy against the public trust has prevailed to the detriment of the remaining public citizens because tentacles of that conspiracy now extend and infiltrate into the Congress STAFF, the Executive Branch, National security defense, The Judiciary, The Ensuing Agro-Energy Resource Monopoly, The financial sector, and the media and communications sector.

This is made possible by the combination of:

A. Having now co-opted the independent, investigative and deliberative citizen Grand Jury Power as guaranteed by the 9th. Amendment to the U.S. Const. so as to preclude all but a rare criminal prosecution of public officials with in the Federal bureaucracy, cooperating State Officials, and captains of U.S. Industry.

The U.S. Ct. of Appeals for D.C. appears to have taken judicial notice of this sickness and fascist characteristic of our now crippled system of justice where inBriggs v. Asst. U.S. Atty Gen'lGuy Goodwin,185 US App DC 179, at pg. 193 after noting that there was a remedy of criminal sanctions to be employed against the perjurious U.S. Atty. or that the Federal CourtPage 884could on its own motion punish Mr. Goodwin, found the fact that during the five years between the perjury and the Court's opinion that nothing had been done went on to note that same "undercores the fact that such restraints on prosecutorial excesses are likely "^fn*

Criminals within the Dept. of Justice can also insulate the fact that they join into a further conspiracy to cover-up these crimes and thereby become accessories after the fact to those crimes as well as practice misprison of felony by failure to report the crime to the attention of the Grand Juries, itself a Federal Crime (18 U.S.C. § 5) and do so with impunity knowing that if they did not go along, and "play ball" and "blow the whistle" that nothing would be accomplished except that they would be "cutting their own throats."

B. While violating their oaths of office to "execute faithfully their duties, they use the excuse of prosecutorial discretion or lack of employee moral and with regard to maintaining employed moral they pay millions of taxpayer dollars to reimburse the legal costs of defending the few officials who have been indicted thereby generally practicing a not so subtle form of bribery, itself an obstruction of justice and the commonlaw crime of CHAMPERTY.

C. Utilization of self serving pleas of national security or highly "classified" and "secret" classifications to avoid their own criminal exposure, indictment and prosecutions such that they further obstruct justice.

D. Employ the fact that Grand Jury proceedings are secret for self-serving cover-up purposes.

E. Having entrenched an inordinate number of former DOJ attorneys as a percentage of U.S. Magistrates and Judges (over 50%) while that class represents less than 4% of all attorneys. So that the scales of justice are tilted toward a pro government bias by jurists — many of whom can be relied upon to save harmless and protect public officials who appear to either commit or coverup crimes with impunity.

5. The conspiracy and illegal acts complained of in paragraph 4 above which are adopted here by reference with respect to the murder and cover-up of Mr. Hoston's death is made actionable against various of the defendants on a commonlaw basis within the District of Columbia as more particularly laid out in paragraph 3.B. above. Misfeasance comprises nonfeasance and Plaintiff's complain that NO evidence was presented to any U.S. Grand Jury regarding violations of Mr. Hoston's Civil Rights18 U.S.C. § 241242and same was coordinated by an illegal combination and conspiracy of defendants Silbert, Shulke, Postacher, Bell, Pottinger, McDonald, Days, McKinney, Thornburgh, Cullinhane, C. Kelly and Washington or their nonfeasance.

6. The conspiracy and illegal acts complained of in paragraph 4. above is hereby adopted by reference and is made actionable against various of the defendants on a commonlaw basis as per paragraph 3.B. above with respect to the murder and cover-up of Mr. Hoston's death, and Plaintiffs complain that advice, instructions, witnesses and evidence were corruptly presented to the D.C. Superior Court Grand Juries and was carefully orchestrated to preclude any indictment of public officials in general and U.S. Marshalls in particular and the defendants thereby commited the commonlaw crime of EMBRACY, obstruction of justice, and violation of their oaths of office and especially that some witnesses were systematically bribed or otherwise placed under duress in order that their testimony be not forthcoming or else at the behest of and in furtherance of a conspiracy to suborn perjurious testimony and same was adduced and by the illegal combination of defendants Silbert, Shulke, Roistacher, Bell, Pottinger, McDonald, Days, Hon. Richard Thornburgh, McKinneky, Burch, John Doe I, II, III IV, Cullinhane C. Kelly, or made possible by their nonfeasance.Page 885

7. Plaintiffs complain that with regard to the U.S. Marshalls service the hereinabove mentioned conspiracy (paragraphs 4, 5, 6) had particular application to the murder and coverup of Mr. Hoston's death because the U.S. Marshalls service is in a position to practice "extortion" against the Dept. of Justice to effectuate an avoidance of prosecution against members of that service; their having in the past been, along with the F.B.I. "handmaidens" and part of rampant illegalities and an on-going conspiracy with those organizations and Organized Crime, and having remained "loyal" i.e.

Witness under protection in organized crime trial murdered/hunting accident, while in custody of US Marshalls.

New York Police Dept. Officers rewarded by being promoted up to U.S. Marshall's service.

Substantial corruptors infiltrate the U.S. Marshalls. (N.Y.P.D. almost totally corrupt as per Frank Serpico) Organized crime then in a position to perform (services to convicted felons in prison) (women, liquer and drugs), while being transported from institutions.

The Marshalls are then in a position to extort and remain under the protectionist umbrella of the conspiracy complained of and the incumbent illegality which has been before and above characterized by a failure to fairly administer Justice by career corrupters within the Department of Justice bureaucracy who for over 30 years have systematically covered up crimes by public officials with illegal working agreements not to prosecute U.S. Government officials within the Depts. of Defense, intelligence, Law Enforcement, Treasury and others for crimes ranging from Murder, drug sales and smuggling, black market profiteering both personally and for U.S. Agencies, wholesale violations of civilian and citizen constitutional human rights, opening citizen mail, reading private telegrams, unsuspected druggings, employing prostitutes, burgleries, hate mail campaigns, amassing tons of manufactured intelligence against law abiding citizens for purposes of bureaucratic self assassinations, plotting assassinations and effectuating same, suborning perjury to congressional committees, infiltrating congress and their Staff, the judiciary, the executive branch and infiltrating and corruptly influencing grand juries of which the exoneration of the particular defendant murderers Burch and John Does I, II, III IV is complained of here.

All defendants with the exception of Bullock, Barry Burtell Jefferson, by having adopted that conspiracy to coverup the Murder of Mr. Hoston and having given aid and effectuation to that purpose thereby became accessories after the fact to that crime and are liable over to the plaintiffs for their mis feasance or mal feasance.

Alternatively the hereinbeforenamed defendants in this Court are liable to the plaintiffs for their nonfeasance.

8. The defendant McKinney is liable over to the plaintiffs for his nonfeasance and dereliction of duty to properly supervise defendants Burch and John Does I, II, III IV by failing to have psychological stress testing performed upon those employees to ferret out and deal with their sadistic propensities which would allow the "stomping to death" of the unarmed, manacled prone Mr. Hoston. The defendant is charged with particular knowledge of the psychological infirmities of Burch and John Does I, II, III IV such that had he exercised the degree of care that a reasonable and prudent man would have exercised, Mr. Hoston's life would remain viable and sacred.

9. Defendants Burch and John Doe I, II, III IV are sued in their individual capacities for the heinous murder and unjustifiable homicide of Mr. Hoston as above complained and adopted here by reference as a constitutional tort; under the D.C. Wrongful Death Statute and under the commonlaw for malfeasance in office.

10. The allegations in the foregoing counts are adopted here by reference as against the United States of America, The Department of Justice and the U.S. Marshalls Service and these defendants are liable over to Plaintiffs under the Federal Tort Claims Act.

11. The allegations in the foregoing counts are adopted here by reference as againstPage 886the defendant District of Columbia whereby the past Mayor Washington and all defendant Metropolitan police Officers adopted the illegal conspiracy to cover-up the murder of Mr. Hoston and are liable over to the plaintiffs including defendant Cullinhane for commonlaw misfeasance malfeasance or nonfeasance.

12. All defendants who are employed as attorneys for the Dept. of Justice or were so employed are liable over to the plaintiffs personally (See:Briggs v. Guy Goodwin186 US Appl DC 179) in that their criminal and tortious conduct complained of in counts 5 6 above and which is hereby adopted for reference and fell outside the confines of those prosecutorial activities for which absolute prosecutorial immunity applies and they are thereby liable over to Plaintiffs for misfeasance, malfeasance or corrupt non-feasance as per paragraph 3 above, or are liable over for accepting the illegal conspiracy in regard thereto and giving aid and effectuation thereto. This is so because their activities were in aid of an investigative (grand jury) function as opposed to an advocate (prosecutorial) function.

WHEREFORE premises considered Plaintiffs and each of them demand judgment as follows:

1. As against the United States of America in an amount of Five Million Dollars each for a total of Fifteen Million Dollars.

2. As against the District of Columbia in an amount of Five Million Dollars each for a total of Fifteen Million Dollars and for an additional amount of Five Million Dollars each for punative damages (Total 30 Million Dollars.)

3. As against each defendant named individually for an amount of One Million Dollars per each defendant for compensatory damages and an additional One Million Dollars for punative damages.

And for such other and further relief as the Court may deem just and proper including but not limited to a direction that the facts and evidence regarding the murder of Mr. Curtis Hoston, Jr. be submitted to a U.S. Grand Jury by independent and outside counsel — independent of the U.S. Attorneys office for the District of Columbia and outside the U.S. Dept. of Justice in that the Statute of Limitations will not run against a murder charge! and to correct a gross conflict of interest and miscarriage of justice! Plaintiffs by counsel the undersigned demand a jury trial on all counts hereinabove except that delineated as a claim under the Federal Tort Claims Act.

I hereby certify that the foregoing Complaint by me subscribed is true to the best of my knowledge, information and belief.

Wanda Alexander Hoston

Plaintiff

Respectfully submitted, D. Mitchell Basker # 140855 Attorney for Plaintiffs 1346 Conn. Ave., N.W. # 1024 P.O. Box 19331 Washington, D.C. 20036 (202) 296:1984

Sworn Subscribed this 9th day of May, 1979

Deputy Clerk, U.S.Dist.Ct.D.C.