1 IN THE CIRCUIT COURT OF MISSOURI – KANSAS CITY MUNICIPAL DIVISION – COURT

2 ROOM A
3
4 CITY OF KANSAS CITY, MISSOURI )
5 Plaintiff )
6 Vs ) case # 2243354-4 and 2243355-1 and
7 ) 2243356-9
8 William Duff )
9 Defendant )
10
11 DEFENDANT ANSWER TO PLAINTIFF, CITY OF KANSAS CITY, MO.,
12 CASE #’s 2243354-4 and 2243355-1 and 2243356-9
13
14 COMES HERE NOW, William Duff, pro per, (hereinafter he, his, defendant or Duff),
15 One of the People within Missouri, sui juris, without assistance of counsel, appearing
16 specially for the express limited purpose of challenging the competence of complaint #
17 2243354-4 and 2243355-1 and 2243356-9 and of this Courts lawful standing to hear
18 said matter, and demonstrating that this complaint fails to provide this court with
19 jurisdiction of the subject matter or the person due to defendant’s affirmative defense of
20 Sovereign Immunity From all restraint by every government department or agency
21 respecting said complaints , does answer said complaints as follows;
22 1. William Duff is a mature adult Missourian and is sufficiently knowledgeable of

23 the facts and law applicable to the instant matter to testify as follows;
24 Duff Avers that;
25 2. All actions herein complained of by agents of Kansas City, Mo were actions that
26 took place upon the public right of way in Clay County, Missouri;
27 3. The complaints/information above referenced comprehend no intentional or
28 unintentional injury to any others person or property;
29 4. At no time relevant to this action did Duff ever exit his own private domain and
30 enter into the public domain or any others private domain nor act in anything
31 other than his own private capacity in accordance with his own private Right of

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 32 action as is authorized by his Birthright and comprehended and secured to him by
33 the controlling constitutions.
34 5. Duff avers that; and takes cognizance that two distinct status of citizen exist.

35 Included here as if written in full is the “offer of proof of two distinct citizenship
36 status”(exhibit B)
37 6. William Duff avers that; having rejected the federal declaration that he is a United

38 States citizen as comprehended by section 1 of the 14th amendment; having

39 rescinded all powers of appointment with the Federal and State Governments
40 therewith associated respecting his Right of Action taken within his own private
41 domain and all previous admissions to the contrary informs this court and every
42 other government entity that he is not a federal citizen residing in Missouri but
43 has taken back his rightful status as a Missourian who is expressly not a United
44 States citizen as comprehended by the 14th Amendment and revised Missouri
45 Constitutions subsequent to 1820 in comprehension thereof and is therefore not
46 subject to the regulatory scheme(s) arising there from (See Exhibit A, Affidavit of
47 Truth of Citizenship Status);
48 7. Duff avers that there are, in fact, one of the two distinct status of citizen in
49 America probably can legally be compelled or prohibited respecting the actions
50 herein complained of but that William Duff is expressly not such federal citizen
51 (United States citizen) residing in Missouri (see offer of proof of citizenship
52 status’ Exhibit B). Duff is a Missourian, one of the people, and therefore could
53 not possibly be restricted or restrained by any law, statute, or ordinance in support
54 of the instant charges although Duff does recognize that they may have the
55 capacity to restrain the U.S. citizen in some circumstances.
56 8. William Duff avers that complaint # 2243354-4 and 2243355-1 and 2243356-9 is
57 an attempt by City of Kansas City, Mo (a government sub-division) to initiate an
58 unlawful restraint upon his person and property;

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 59 9. William Duff avers that said complaint is civil in nature and does not comprehend
60 a criminal act sufficient to invoke the “reasonable search and seizure” clause 2 of
61 the 4th Amendment or the equivalent expression in the 1820 Missouri
62 Constitution;
63 10.William Duff avers that City of Kansas City, Mo has failed to bring an action for
64 which this court can lawfully provide a remedy in that the action complained of is
65 an individually retained prerogative right of action protected by the controlling
66 constitutions because the action exists and is performed solely at the prerogative
67 Right of William Duff upon which no government entity was or even could be
68 granted authority to compel or prohibit;
69 a. AFFIRMATIVE DEFENSE; William Duff, not being a federal citizen
70 residing in Missouri, possesses Sovereign Immunity from all restraint
71 initiated by any government department, sub division, agency and/or agent
72 unless probable cause that a “mala in se” crime or damage to the Public
73 owned property is a causation attendant to that initiation of restraint upon
74 William Duff’s person, house, papers and effects pursuant to Rights
75 retained by the individual people as expressed and secured in the
76 Constitution for the United States of America at Article 4 section 2 and
77 enforced upon the States without their consent as a condition of Statehood
78 by Article 6 clause 2 (supremacy clause) and acknowledged by the
79 Constitution of Missouri 1820 at Article XIII section 13;
80 11.William Duff avers that the State can be granted only those powers that the
81 collective people possess and can grant or that individual people consent to and
82 that all Rights of the people held individually, inclusive of, but not limited to,
83 prerogative rights and rights of action are strictly held by the individual unless by
84 the individuals consent he grants the state use thereof or by his act that injures
85 another;

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 86 12.William Duff avers that he does not consent to any government prohibition or
87 compulsion in the use of his individually held rights and rights of action which
88 exist solely within his individual domain and no other than William Duff can
89 exercise them or compel their exercise or prohibit their exercise without that
90 consent. Included here as if written in full: “Affidavit of truth of status”(exhibit
91 A)
92
93 WHEREFORE; William Duff, sui juris, appearing specially, moves this court to
94 dismiss case # 2243354-4 and 2243355-1 and 2243356-9 in comprehension of
95 defendants affirmative defense, exhibits and affidavits; or in the alternative to convene
96 an evidentiary hearing, on the record, to determine if in fact defendants claim of
97 immunity from this attempted restraint is accurate in light of the exculpatory nature of
98 the affirmative defense; or in the alternative should this court fail to take one of these
99 two actions, to provide the following due process and other protections for defendant;
100
101 1. That this court convenes an adversarial hearing, with a competent record, thereof
102 to determine the validity of the exculpatory evidence herein provided;
103 2. That this court provide this defendant with a jury of his peers for the adjudication
104 of this matter should this court fail to dismiss as requested;
105 3. That this court provide this defendant with counsel to advise defendant with
106 respect to the courts demand for specific adherence to, pleadings and procedure;
107 4. That this court proceeds upon a competent court of record in all proceedings
108 associated with this action or should this court not be a court of record as that
109 phrase is judicially understood in the controlling constitution of 1820 that it
110 certify this case to such a court of record without delay;
111 5. That this court compel its agents to return all Duff’s property to him at 108 NW
112 101 Pl Kansas City, Mo 64155 today.

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 113 6. That this court, today, whether it dismisses the Cities action or not, issue a
114 declaratory judgment, in favor of William Duff, to all agencies within its venue
115 Declaring that William Duff is not to be further harassed, restrained or bothered
116 by any agent of City of Kansas City, Missouri respecting the charges associated
117 herein unless probable cause that an intentional injury has resulted from Duff’s
118 act and there is an injured party ready and willing to seek remedy for same.
119
120
121 With all due Respect
122
123 William D Duff Friday, June 22, 2007
124
125 Email williamduff@kcm.com
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