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矛盾江湖

作者: 牛乐吼   帮高寒拟了个状子,细节还需补充,属征求意见版 2008-03-07 09:38:04  [点击:344]
其中的JURISDICTION和VENUE还没有搞定,细节还要补充,属于草稿。

请老丁,云儿踊跃提意见,两位都是鼓励高寒诉讼的,大家群策群力,帮他把官司
打了吧。

STATE OF NEW YORK
SUPREME COURT : COUNTY OF QUEENS

----------------------------------------
Zhi Guo (Han Gao),

Plaintiff,

-vs-

Independent Chinese PEN Center, Inc.

Defendant

COMPLAINT

Plaintiff, Zhi Guo, (hereinafter referred to as the Plaintiff) brings this suit against the Defendant, Independent Chinese PEN Center, Inc. (hereinafter referred to as Defendant), seeking injunctive and monetary relief and in support thereof states as follows:


THE PARTIES

1. The Plaintiff Zhi Guo, penname Han Gao, is a resident in the County of Queens, State of New York. Residence address is __________________.

2. The Defendant, Independent Chinese PEN Center, Inc. (ICPC) is a nonprofit organization incorporated under the law of the United States and has an office in the ________________.

3. The Defendant, Independent Chinese PEN Center, Inc. receives financial aid from National Endowment of Democracy (NED), which is publicly funded by the United States Congress.


FACTS

4. On ____ , the Plaintiff obtained membership of the Independent Chinese PEN Center, Inc. with full qualification and recommendation from current ICPC president. Since then, the Plaintiff has paid membership fee promptly and has participated ICPC's various activities.

5. About November 2005, the Plaintiff noticed accounting irregularities and possible misuse of ICPC fund and since then he has voiced his strong concern.

6. About July 2006, the Plaintiff criticized personal conduct of two ICPC officers during their visiting United States and questioned their capacity of discharge the duties of the offices they hold. Jointly with others, the Plaintiff brought motion to remove the said two officers.

7. The Plaintiff's complaint and action strictly followed the rules and procedure outlined by ICPC's Charter Article 13.

8. On July 28, 2007 the Plaintiff's ICPC membership was terminated.

CLAIM ONE: BREACH OF CONTRACT

9. By accepting the Plaintiff as a member of ICPC, the Defendant and the Plaintiff entered a contractual relationship. By which, the Plaintiff pays membership fee and in exchange, enjoys membership benefit and privilege. ICPC’s Charter serves as an implied in fact contract between the Plaintiff and the Defendant.

10. The Plaintiff has performed all conditions, covenants, and promises required by him on his part to be performed in accordance with the terms and conditions of the ICPC Charter. The Plaintiff has reasonable expectation to maintain his full membership.

11. The Defendant’s wrongful and ill-willed termination of the Plaintiff’s membership without probable cause constitutes breach of contract.

12. As a result of the Defendant’s breach of contract, the Plaintiff has lost an important and prominent platform to promote his cause and idea, and was denied his right to free associate with fellow exiled Chinese writers. The Plaintiff is entitled to injunctive relief that his membership be reinstated.


CLAIM TWO: DEPRIVATION OF PROCEDURAL RIGHTS

13. The Plaintiff’s criticisms about ICPC’s financial matter and its officers’ misconduct are well within the scope of free speech and more importantly, an excise of member’s right defined by Article 13 of the ICPC Charter.

14. In responding to the Plaintiff's criticism, the Defendant failed to conduct timely inquiry and hearing. Instead, the Defendant launched process to expel the plaintiff from membership purely for retaliation.

15. During the process of terminating the Plaintiff's membership, the Plaintiff was deprived of his right to fair and open procedure. The defendant wrongfully expelled the Plaintiff from membership, thus violating his common law right to natural justice and procedural due process.

16. As a result of the Defendant’s deprivation of the Plaintiff’s procedural rights, the Plaintiff suffered mental and emotional distress and is entitled to damages and compensations.

CLAIM THREE: DEFAMATION

17. During the same time period, the Defendant deliberately encouraged and implicitly organized its board members and other active members to make false and defamatory statements about the Plaintiff's character, integrity, political activities and motivation.

18. The Defendant knew those statements were false and were made with reckless disregard as to whether they were false. The Defendant was negligent in enforcing the ICPC rules to sanction those members who made such false statements.

19. The Defendant's gross negligent created a hostile and humiliating environment and inflicted irreparable harm to the Plaintiff's reputation and standing in the Chinese political dissident community.

20. The Defendant maliciously and falsely imputes to the Plaintiff a want of integrity in the conduct of his political activities in Chinese opposition movement and is actionable defamation under the law.

21. The Defendant's conduct was solely motivated by retaliation toward the Plaintiff, the malice is actual and real. Even if not by retaliation, the conduct itself is so outrageous that malice can be implied. The Plaintiff suffered damages as a result of the Defendant's defamation, therefore is entitled to monetary damages, injunctive relief, and other available remedies.

PRAYER FOR RELIEF

Wherefore, Plaintiff requests that this Court,

22. Order the Defendant to immediately reinstate the Plaintiff as a full member of Independent Chinese PEN Center (ICPC).

23. Require the Defendant to issue a Statement of Appology and publish it on ICPC's official website for a period of no less than 90 days.

24. Award the Plaintiff monetary damages of $100,000 or in an amount to be determined at trial.

25. Enjoin the Defendant permanently from violating its own organization bylaws.

26. Award the Plaintiff the costs and fees of bringing this action.

27. Grant the Plaintiff any other and further equitable or monetary relief as the Court deems just and proper.

JURY TRIAL

28. The Plaintiff demands a jury trial.
最后编辑时间: 2008-03-07 21:00:00

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