COMPLAINT FOR DECLARATORY JUDGMENT, DAMAGES, AND INJUNCTIVE RELIEF, UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA, ROGAN O’HANDLEY, Plaintiff, v. ALEX PADILLA, in his personal capacity; SKDKNICKERBOCKER, LLC, a Delaware company; PAULA VALLE CASTAÑON, in her personal capacity; JENNA DRESNER, in her personal capacity; SAM MAHOOD, in his personal capacity; AKILAH JONES; in her personal capacity; SHIRLEY N. WEBER, in her official capacity as California Secretary of State; TWITTER, INC., a Delaware corporation; NATIONAL ASSOCIATION OF SECRETARIES OF STATE, a professional nonprofit organization; Defendants.

 

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
ROGAN O’HANDLEY, Plaintiff,

v.
ALEX PADILLA, in his personal capacity; SKDKNICKERBOCKER, LLC, a Delaware company; PAULA VALLE CASTAÑON, in her personal capacity; JENNA DRESNER, in her personal capacity; SAM MAHOOD, in his personal capacity; AKILAH JONES; in her personal capacity; SHIRLEY N. WEBER, in her official capacity as California Secretary of State; TWITTER, INC., a Delaware corporation; NATIONAL ASSOCIATION OF SECRETARIES OF STATE, a professional nonprofit organization; Defendants.
COMPLAINT FOR DECLARATORY JUDGMENT, DAMAGES, AND INJUNCTIVE RELIEF
DEMAND FOR JURY TRIAL
Case Number: 2:21-cv-04954

CLAIMS

First Claim for Relief

First Amendment – Free Speech (42 U.S.C. § 1983)

(By Plaintiff Against All Defendants)

Second Claim for Relief

California Constitution art. I § 2 – Free Speech

(By Mr. O’Handley Against All Defendants)

Third Claim for Relief

Fourteenth Amendment - Equal Protection Discrimination (42 U.S.C. § 1983)

(By Mr. O’Handley Against All Defendants)

Fourth Claim for Relief

Fourteenth Amendment - Due Process Clause (42 U.S.C. § 1983)

(By Mr. O’Handley Against Defendants California Secretary of State Shirley N. Weber in her official capacity, SKDK, Twitter, Alex Padilla, Paula Valle Castañon, Jenna Dresner, Sam Mahood, and Akilah Jones)

Fifth Claim for Relief

Fourteenth Amendment – Void for Vagueness (42 U.S.C. § 1983)

(By Mr. O’Handley Against Defendant California Secretary of State Shirley N. Weber in her official capacity and Defendants Alex Padilla, Paula Valle Castañon, Jenna Dresner, Sam Mahood, and Akilah Jones in their personal capacities)

Sixth Claim for Relief

Civil Conspiracy to Interfere with Civil Rights (42 U.S.C. § 1985)

(By Mr. O’Handley Against All Defendants)

PRAYER FOR RELIEF

WHEREFORE, Mr. O’Handley prays this Court grant the relief requested herein, specifically that the Court render the following judgment in Mr. O’Handley’s favor and against Defendants:

i. Declaratory Judgment: For entry of a Declaratory Judgment that California Election Code § 10.5, as applied to Mr. O’Handley, violates Mr. O’Handley’s state and federal constitutional rights to free speech, equal protection, and due process;

ii. Injunctive Relief: For entry of a Permanent Injunction stating that the Secretary of State and the OEC may not censor speech, work to take down the speech of private speakers, selectively enforce speech restrictions, or discriminate against those who seek to hold the current office holder accountable for perceived defects in election administration;

iii. Damages: general, nominal, statutory (pursuant to Cal. Civ. Code § 52) and exemplary damages, in an amount to be determined at trial;

iv. Attorneys’ fees and costs: awarded pursuant to 42 U.S.C. § 1988; California Code of Civil Procedure Section 1021.5; Cal. Civ. Code § 52; and v. Pursuant to 42 U.S.C. §§ 1983, 1985, and 1988, Plaintiff is entitled to declaratory relief; temporary, preliminary, and permanent injunctive relief invalidating and restraining Defendants’ enforcement of California Election Code §10.5; damages from the businesses and persons sued in their personal capacities; and attorneys’ fees.

 

DEMAND FOR JURY TRIAL

Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Plaintiff demands trial by jury in this action of all issues so triable.

Date: June 17, 2021