Police Brutality! Lawsuit Filed: Lance Charger v Kusari Naval Forces

[Lance_Charger]

The Law Offices of Dewey, Cheatum, and Howe of Planet Manhattan do hereby file the following suit on behalf of the plaintiff, Lance Charger (hereafter referred to as The Plaintiff), against the Kusari Naval Forces at large, and individually against Seaman Shimotsuki and Seaman Ishikawa (hereafter referred to as The Aggressors).

- Whereas on or about 23:00 UTC 5.27.822 in system New Tokyo, Seaman Ishikawa fired upon The Plaintiff without properly identifying himself or requesting identification from The Plaintiff while The Plaintiff was lawfully engaged in using the Kyushu jump gate; The Plaintiff responded by exercising his lawful anti-piracy rights to flee as outlined in section B, subsection 7, of the fourth article of the Boorman Treaty and subsequent codes.

- Whereas on or about 00:00 UTC 5.28.822 in system New Tokyo, Seaman Shimotsuki fired upon The Plaintiff without properly identifying himself or requesting identification from The Plaintiff while The Plaintiff was lawfully passing planet New Tokyo; The Plaintiff responded by exercising his lawful anti-piracy rights to flee as outlined in section B, subsection 7, of the IV article of the Boorman Treaty and subsequent codes. See Appendix 1.

- Whereas on or about 00:02 UTC 5.28.822 in system New Tokyo, The Aggressors willfully and with blatant disregard for civilian safety fired upon and destroyed The Plaintiff's vessel after The Plaintiff came to a full and complete stop, engaged in lengthy conversation, and offered to pay the appropriate fine as outlined by the Kusari Trade Code section Q, subsection Contraband 3, of article MCIX-803. See Appendix 2 and 3.

For such heinous and brutal acts, The Plaintiff demands the following compensation:
- 10,000,000 credits in property damage
- 2,500,000 credits in lost cargo
- 500,000 credits for medical damages
- 85,000,000 credits for pain and suffering and mental duress
- The immediate dismissal of Seaman Ishikawa and Shimotsuki from the Kusari Naval Forces
- Appropriate criminal charges to be brought against Seaman Ishikawa and Shimotsuki by the relevant authorities for aggravated assault, attempted murder, unlawful discharge of weapons unsafely in civilian space, and destruction of a space vessel, major.

Appendix 1: https://www.dropbox.com/s/b6ighaljzinqlu...1.jpg?dl=0
Appendix 2: https://www.dropbox.com/s/7aqeo9ws19nvz2...2.jpg?dl=0
Appendix 3: https://www.dropbox.com/s/efiaa1fuousxpz...3.jpg?dl=0

[The Republic of Kusari]

Secretary Shouhei Mishima, Republic of Kusari Ministry of Justice

Konnichiwa to the representatives of the "Dewey, Cheatum, and Howe Law Offices", and legal representatives of the pilot and crew of the Lance Charger. My name is Shouhei Mishima, Secretary for the Ministry of Justice of the Republic of Kusari.

The ministry has received your formal notice of complaint to the incident happening in the New Tokyo, namely "the destruction of the Lance Charger vessel" during a case of "Police Brutality".
The High Court of Kusari is preparing to address this complaint and further more request you gather all evidence to back up your complaint along with any witnesses you need to maintain a strong case against the defendant "Kusari Navy Forces".
It is vital that you understand that this court does not condone nor tolerate frivolous law suites and expects you to be ready to present your case when called upon.

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We have also received the the mission reports from the officers of the Kusari Naval Forces, and and found several inconsistencies with your reported case. I shall enumerate some of the most noticeable ones:

- The lack of involvement of any elements of the Kusari State Police, the only recognized Police entity in Kusari.

- The incorrect identification of officer Hideaki Ishikawa as a Seaman. There is no such rank in the structure of the KNF that grants independent action. The officer currently holds the rank of Rear-Admiral.

- The incorrect identification of the KDS-Shimotsuki as a Seaman. The KDS-Shimotsuki is a "Takeda" class Naval Forces Destroyer, commanded by Commander Yuuka Nakazono.

- in the first event, the vessel Lance Charger was found in possession of a large amount of Cardamine in his hold, and refused to stop upon the orders of the KNF officer in the field. Furthermore, the Lance Charger was reported seen docking on Planet New Tokyo to escape persecution.
--The legal use of force to stop an escaping offender of the House laws is not considered a piracy act, and therefore not covered in the rights you claim under the Boorman Treaty. In addition, the Boorman Treaty does in no case take precedence over Kusari House laws.

- In the second event, the captain of the KDS-Shimotsuki found the Lance Charger in possession of large amount of counterfeited Black Market Munitions, and ordered several times to the offending vessel to halt, which were deliberately ignored. The report from the KNF indicates this happened Three times in a space of an hour. During this time, the Lance Charger avoided persecution by retreating to the docking ring of Planet New Tokyo, against orders of the KNF, and avoided detention by planetide KSP elements.

- In the last encounter, which resulted in the destruction of the Lance Charger, the pilot of the vessel proceeded to insult said officers in the area, and decided against better judgement that he could depart while under interrogation from the KNF. The officers found that the pilot was not cooperative, and took measures to neutralize his freedom of movement, according to the law.

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In face of the report presented above, as well as the additional evidence of cardamine smuggling, the KNF has also placed the following charges upon the pilot and any crew of the Lance Charger, according to the Kusari Codex:

2-1 Insulting a Kusari Law Enforcer is a crime, and you can be fined for doing so.
2-4 Disobeying a direct order from a Kusari Law Enforcer is a crime. (3 Counts)

3-1-1 Contraband
- Possession of Black Market Munitions
- Possession of Cardamine Evidence

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The KNF has already stated their rejection to several of your compensation demands, mainly:

- Property damage compensation, as it is indicated by Samura Prime Insurance Entreprizes to be an overestimation of the ship hardware's worth.
- Lost cargo compensation, as the Lance Charger has been found in all events to be in possession of illegal cargo, and therefore such cargo retains no commercial value.
- Medical Charges, as the medical services provided upon his capture were deemed to worth less than the presented value, and were not levied on the plaintiff.
- Pain and suffering and mental duress compensation, for no such compensation is prescribed in the legal frameworks ruling law enforcement operations. The KNF has suggested visiting the psychiatrist office on Fuchu Prison, with the approval of the KSP ward director.

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If you wish to proceed with your case, a letter of notice will similarly be sent to the Kusari Navy Forces through the Ministry of Defense to inform them of this complaint and provide them with time to prepare their defense for this case.
Adequate time will be allotted to all parties for a fair trial with the rights of each party preserved.
According to Court procedures only the above complaints may be addressed by this Court during the proceedings, if you have any further complaints to add to the itinerary you have 72 hours to add them or forfeit the right to do so later.

May Justice be served,
Secretary Shouhei Mishima, Republic of Kusari Ministry of Justice

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