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Request for Civil Inquiry; Alunya v Loftegen
Topic Started: Nov 4 2016, 07:40 AM (724 Views)
Alunya
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Complainant: Alunya
Accused: Loftegen
Offence: Harrassment (Unified Legal Code - Civil Code of the Republic of Lazarus, Article I, Section 1, Clause (b).)

Summary of Events:

On the evening of Sunday, October 30, 2016, the complainant Alunya briefly played the minigame Z-Day by researching hordes of zombies and subsequently unleashing them upon other residents of Lazarus. Alunya did so again in the early morning hours of Monday, October 31, 2016. While this may not be a popular way to play this minigame, it is not illegal nor a violation of RMB policies.

On the morning of Monday, October 31, between 9:15 and 9:30 AM PDT, as the complainant Alunya was preparing to log on for another round of play, he noticed in the Regional Happenings that the nation [nation]Funkadelia[/nation] was ejected from Lazarus by Loftegen. Shortly thereafter a post from Loftegen appeared on the Regional Message Board stating that, "Horde Spammers will be ejected."

A subsequent check of the Regional Happenings for ejections revealed that Loftegen had already ejected a number of (presumed) Horde Spammers.

The complainant Alunya is well aware that under Mandate 9, Article II, Clause 4, "No person may be banned or ejected from the region without being publicly charged with a crime unless they have violated the rules of NationStates or the policies of the Regional Message Board." He is also aware that Loftegen is a Court Official who should be familiar with the Constitution and laws of the Humane Republic of Lazarus. He assumes that as a Court Official Loftegen has sworn an oath to "pledge my loyalty to Lazarus and her people, whose democratic beliefs I share, whose rights and liberties I respect, and whose laws I will uphold and obey."

That the accused Loftegen was contravening the law gave pause to the complainant Alunya, who decided that discretion was the better part of valor, and declined to log on to play the minigame Z-Day as he had intended. A check of the activity levels of other officials in the Lazarene government indicated that none others were active, so there was no one but Loftegen to appeal to for redress.

The threats made, and the follow through in ejections, were deemed by Alunya to be credible. Both Powthran and Funkadelia, well known and respected members of Lazarus, had already been ejected by Loftegen. Alunya felt that asking Loftegen not to eject him would likely result in summary ejection for being a Horde Spammer.

As Alunya has been seeking to attain citizenship under Mandate 9, Article I, Section 2 since March 3, 2016, an ejection by Loftegen would eliminate almost 8 months of time served as a law-abiding, Sovereign-endorsing WA nation. Unlike a citizen, who is protected from loss of citizenship in the event of an involuntary departure from Lazarus, the complainant Alunya is afforded no similar protection in the event of an unwarranted and illegal ejection.

Having already unleashed hordes of zombies, the complainant Alunya felt threatened by Loftegen's outright aggression against other Horde Spammers, and intimidated by his threat to eject the same, Alunya ceased playing the minigame as the accused intended. The complainant Alunya was fearful that Loftegen might discover Alunya's horde spamming, distressed that he might subsequently be ejected without any recourse, and discomforted that he would have to start all over anew, either in Lazarus or another region.

Subsequent discover of evidence gathered for this complaint shows that Loftegen made earlier and additional threats against Horde Spammers, and carried out further ejections until he was stripped of Border Control by then-Sovereign Benevolent Thomas. Every ejection was of a nation that had unleashed hordes of zombies.

Preliminary Evidence:

Evidence that Alunya unleashed hordes of zombies
Twelve (12) screenshots


Evidence of threat from Loftegen to Alunya et al as members of the class of Horde Spammers
Screenshot taken Nov. 1, 2016 at 9:32 AM PDT

Evidence of all threats from Loftegen to Horde Spammers as a class
Screenshot taken Nov. 1, 2016 at 9:30 AM PDT
Screenshot taken Nov. 1, 2016 at 9:30 AM PDT
Screenshot taken Nov. 1, 2016 at 9:30 AM PDT
Screenshot taken Nov. 1, 2016 at 9:29 AM PDT
Screenshot taken Nov. 1, 2016 at 9:29 AM PDT
Screenshot taken Nov. 1, 2016 at 9:28 AM PDT

Evidence that Loftegen ejected nations
Screenshot taken Nov. 1, 2016 at 9:16 AM PDT
Screenshot taken Nov. 1, 2016 at 9:25 AM PDT

Evidence that nations ejected by Loftegen unleashed hordes of zombies
The nineteen (19) nations ejected by Loftegen


Evidence that Alunya has long sought citizenship under Mandate 9, Article I, Section 2
Original RMB statement of intent to seek citizenship by Mandate 9, Article I, Section 2
RMB post regarding anticipated date of citizenship

Additional Notes:

The complainant Alunya does not bring this matter to the Court's attention lightly. He is well aware that Loftegen is a popular figure, and that the Court, Government, and indeed the community of Lazarenes may be predisposed to close ranks to protect him.

Alunya is also aware that as a resident, he is not permitted to make a criminal complaint nor a legal inquiry. As a wronged party, however, he is entitled to file a civil complaint. This should not be construed as an end-around; Alunya was harrassed by Loftegen (as were other Horde Spammers). He asks the Court to consider this complaint strictly in that light.

Finally, although the evidence presented is strong enough to support a recall, or possibly a criminal complaint, Alunya makes no attempt to persuade or dissuade others from pursuing those avenues. He seeks only some form of redress for the harrassment he has endured.[edit_reason]Spelling errors[/edit_reason]
Edited by Alunya, Nov 4 2016, 01:34 PM.
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Constie
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Chief Justice Emeritus of the Grand Court
In addition, some of these nations have been here for years, and loft wrecked their residency stat
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Funkadelia
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May it please the court,

As an afflicted party on this case, I request that Loftegen recuse himself from deliberation.
Edited by Funkadelia, Nov 4 2016, 02:18 PM.
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Loftegen
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Funkadelia
Nov 4 2016, 02:16 PM
May it please the court,

As an afflicted party on this case, I request that Loftegen recuse himself from deliberation.
Perfectly understandable, and I will, of course, do so.
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Aguero
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Taeyeon's Bae
Well shit got serious real quick :P
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Loftegen
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The charge is serious, but I am confident I will be vindicated by the evidence.
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Wintermoot
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Like Love At First Sight <3
In fairness, Loftegen's actions are standard procedure in many regions during the Z-Day event. While his authority to take these actions for the sake of a mini-game is...questionable at best, it's certainly understandable that he or someone else with the ability to do so would take the initiative given the leadership vacuum in the region.


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Powthran
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Lazarene
I would also like to come and say that I have sent a similar civil inquiry to the Chief Justice as well, and add my name to this complaint.
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Funkadelia
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Wintermoot
Nov 5 2016, 07:04 AM
In fairness, Loftegen's actions are standard procedure in many regions during the Z-Day event. While his authority to take these actions for the sake of a mini-game is...questionable at best, it's certainly understandable that he or someone else with the ability to do so would take the initiative given the leadership vacuum in the region.
Just because every other region did it, does not mean that it's okay. I take serious umbrage with it.

I also don't think it's acceptable to excuse the use of power essentially while the delegate is away, that essentially advocates despotism.
Edited by Funkadelia, Nov 5 2016, 07:27 AM.
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Loftegen
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Funkadelia
Nov 5 2016, 07:26 AM
I also don't think it's acceptable to excuse the use of power essentially while the delegate is away, that essentially advocates despotism.
I must have missed his absence notification post. In any case, I support this going to trial, and hope the Chief Justice will so decide. We will need another judge, though.
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