citations 2021-12-19 16:52:05 -1000

Answer by Way of Negative Averment, and Denial of Corporate Existence regarding your Claim of Lack of Jurisdiction by Officers, Judge & Court.

Citations to attest to the veracity of your defense of "no contract":

1. The benefits of official immunity lie principally in avoiding disruption of governmental functions. Westfall v Erwin. 108 S.Ct. 580, 583 a 3 (1988). Immunity attaches to particular official functions, not to particular offices. Rutilek v. Gannon. 766 F.Supp 967, 972 (D. Kan. 1991).
   The Defendant had no official function in the actions he took. His actions were taken in clear absence of all jurisdiction.
2. A judge or magistrate is only immune from liability for acts committed "within their judicial jurisdiction", Pierson v Rav. 87 S.Ct. 1213, 1217-18 (1967), overruled on other grounds, Harlow v Fitzgerald. 102 S.Ct. 2727 (1982).
3. A defendant judge is impervious to civil liability for his physical acts as long as jurisdiction over the subject matter is invested by law in the judge or in the court he holds. Stump v Sparkman, supra at 1104 n. 6.
   In the instant case, it was neither.
4. An act is non-judicial if it is performed outside the judge's official capacity. Stump v Sparkman al 1107.
5. When a judge clearly lacks jurisdiction over the subject matter, "any authority exercised is a usurped authority." In such a case, he is not immune from suit. Maestri v Jutkofekv. 860 F.2d 50, 52 (2nd Cir. 1988).
   No public policy would be served by granting immunity for such arrogant excess of authority. Maestri @ 53.
   WHEREFORE, this action must be allowed to proceed through discovery and to trial.