James “James Freeman” Springer (Freeman) filed a second amended complaint in his on-going federal lawsuit against New Mexico’s Seventh District Court on Wednesday.
The newly amended complaint comes after an order by United States District Judge Margaret Strickland requiring Freeman to properly serve all the defendants in the case within 21 days or face dismissal of the case. The Judge also dismissed counts two and three from his amended complaint regarding defendant Susan Rossignol with leave to file a second amended complaint.
A new court filing showed that the defendants were properly served on February 21, 2024, when their counsel, Jade Defliln, agreed to accept service of both the summonses and second amended complaint on behalf of the defendants.
Judge Strickland essentially found that Freeman failed to state a claim against defendant Rossingnol within the two counts as her basis for dismissing the charges. To address this, Freeman added the following paragraphs to count two:
This retaliation culminated in an outright refusal to accept protected petitioning activity to exercise his statutory right to request public records on June 8, 2023 and Ms. Rossignol requiring that Torrance County Sheriff’s Deputy Young chase Plaintiff from the building which he did.
Further, Defendant Rossignol, upon information and belief, at the direction of Defendant Murphy, falsely reported to the New Mexico State Police that Plaintiff was an armed threat and proceeded to close her government office to the public during normal business hours in an effort to place Plaintiff’ life in jeopardy and to deprive him of his statutory and constitutional rights to petition his government for redress.
He then added the following paragraph to count three:
Defendants Jason Jones and Susan Rossignol have each undertaken retaliatory efforts (Jones to issue threatening letters designed to chill Plaintiff’s exercise of speech, press and petitioning and Rossignol to refuse Plaintiff’s statutory right to inspect public records, to give false reports to state police about Plaintiff being an armed threat endangering his life, and cutting off his ability to petition his government by closing the government office during normal business hours when Plaintiff was present.) Upon information, all retaliatory efforts, including excluding Plaintiff from Defendant Murdock-Poff’s public hearing were undertaken at the direction and in agreement with Defendant Murphy.
In related news, United States Magistrate Judge Jennifer M. Rozzoni has ordered a telephonic status conference to be held on Thursday, February 22, 2024, to discuss whether to keep or vacate the settlement conference set for March 13, 2024.
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