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home : latest news May 24, 2016

2/14/2011 6:01:00 AM
Judge gives Kanelos final chance to prove damages
Claims against county rejected
Ron Walker
Ron Walker

Suzanne Adams-Ockrassa
Miner Staff Reporter

KINGMAN - A Golden Valley man has until March 2 to clarify his civil rights complaint against Mohave County. A federal court judge granted Mohave County a partial judgment in two civil rights cases filed against the county by Golden Valley residents Jim Kanelos and Luca Zanna.

Kanelos and Zanna allege county officials violated their 1st Amendment rights in November 2009 when District III Supervisor Buster Johnson stopped Zanna from passing out flyers during a town hall meeting held by Sen. John McCain at the County Administration Building.

Zanna also alleges that County Manager Ron Walker and District II Supervisor Tom Sockwell made libelous remarks about him and his wife in letters to the editor that were published in local papers. Zanna is asking for $500,000 in damages.

Kanelos alleges that he was denied his 1st Amendment right to assembly when Johnson stopped Zanna from passing out the flyers.

He also alleges that the there was a conspiracy among county officials to create a policy that would prevent residents from passing out political information on county grounds or expressing their 1st Amendment rights to free speech. As evidence of the conspiracy, Kanelos points to statements made by the Board of Supervisors in support of County Manager Ron Walker and written policies approved by the Board regarding guns in county buildings, appropriate dress for residents visiting county buildings and prohibiting the distribution of political material on county grounds.

He also alleges that the county violated residents' 1st Amendment rights when it did not hold a public meeting to discuss the changes to the county policy. Kanelos is asking for $42 million in damages.

U.S. District Court Judge G. Murry Snow granted Mohave County's motion for partial judgment Wednesday. The ruling mainly dealt with Kanelos' claims against the county.

Snow dismissed most of his claims, saying that Kanelos didn't provide enough proof that he had been injured by the county's actions and that he had not provided a way of redressing any damages the county may have made through its actions.

He also ruled that Kanelos' right to assemble at the town hall meeting was not violated but perhaps his right to accept information was, that Kanelos' conspiracy claims against county officials were a criminal and not a civil matter, that he didn't suggest a state law that the county violated when it didn't hold a public hearing on the policy change, that he didn't state a plausible claim of actual or imminent injury with regard to the new policies, and that Kanelos couldn't claim punitive damages against public officials if they were acting in their official capacity.

Snow did leave Kanelos the option to amend his complaint to show more proof of damages to his civil rights and to provide a means of redressing those alleged damages. Kanelos has until March 2 to do so or the complaint will be terminated.

ICT - Dr. Mohtaseb
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Reader Comments

Posted: Wednesday, February 16, 2011
Article comment by: Marco Polo

Ok. The BOS seems to want to insulate themselves more and more, making ordinary business one has at the county offices more and more difficult. Many of us are, as is our RIGHT in Arizona, armed. We are subjected to the inconvenience of disarming to enter and pay our taxes or conduct other ordinary business like voter registration. If that's what they want, then it shouldn't COST us to use a debit card to pay like with AZDOT otherwise, take down the security that we never needed before (and likely still don't unless someone's buddy's being paid) and let us have access. It's a PUBLIC building, not The Massa's mansion.
Hey, maybe a DRIVE-up window like Burger King!

Posted: Wednesday, February 16, 2011
Article comment by: Elmer Whittaker

@ Looking forward to the Future

Unfortunately once you are sterilized, you won't be able to have any more children, even if you are financial stable. I feel this would be discrimination against part of the population. Given incentives for sterilization is another matter.

I think every couple should be allowed to have one child if they wish to. Then again incentives for sterilizations. If a couple has more than one child, the newborn must be given up for adaption to those who cannot have children or as incentive for those who chose sterilization.

However, this I am sure is not a perfect plan either. But that's what came to mind.

"We Are Not Afraid"

Posted: Wednesday, February 16, 2011
Article comment by: Another point of view

So? By 2020 we'll have 20 billion people.
I have no idea how many of that 20 billion would be in the USA, but why would that be of concern if just a few million could go back to being farmers, mechanics, electricians and other professionals that made this Country great!
Imagine. If we even had a few hundred more farmers, like we use to have in this Country, we wouldn't have to depend on other countries as much and more than likely the prices would not be quit so high.
The same logic applies to the other professions as well

Posted: Tuesday, February 15, 2011
Article comment by: Looking forward to the Future

@ Elmer Whittaker: I'm less about genocide and more about mandatory sterilization until a married couple can prove they are financially, mentally, and physically ready and able to care for a child.

Posted: Tuesday, February 15, 2011
Article comment by: Diogenes' Lantern

@ Elmer Whittaker

Actually both places are proper. The FBI or Justice Depertment may investigate to see if there is a criminal action that might be brought. But to sue for damages as a result of the alleged right-violating actions the case is brought in a civil court.

If the rights are constitutional the suit may have to be brought in Federal civil court. Or the State may have similar laws regarding civil rights which would allow a suit in State civil court and even the local Superior Court, which is a court of civil and criminal jurisdiction.
TO find out how long there is to sue (i.e., before the Statute of Limitations runs), you have to find out what jurisdiction fits your situation. If you're going to sue in Federal court then the Federal Statute rules. If you're going to sue in State court then the ARS Statutes of Limitations regardiing civil rights rules, as well as any local statutes that can preclude filing an action.

This is why it is said that a man who represents himself in court has a fool for a client. There are strict rules of procedure to be followed and any violation thereof can result in the dismissal of an action.

Posted: Tuesday, February 15, 2011
Article comment by: Elmer Whittaker

@ Looking forward to the future
While I do agree what the facts in your statement as well as with its conclusions. Taking your posting as a respond to nnp nnp it sounds like you are in favor of genocide of much of the world population. I certainly hope that we humans have advanced above that level, even if our governments and new world order might not have.

I am afraid that birth control voluntary and many will hate me for that and put me in the same category as the NWO, involuntary might be the only half way "humane" way to reduce the world's population.

Fortunately of what I have just said or your response to nnp nnp has anything to do with the judgment against Jim Kanelos.

"We Are Not Afraid"

Posted: Tuesday, February 15, 2011
Article comment by: Facts Please

@Carol Jeffers

The suit has cost the City of Kingman is a County issue. County funds cannot be mixed with Kingman funds, so what needed things in Kingman could the money be spent on? Animal might be right there, County money can be used for a County facility. Why do so many people confuse County issues with City issues? Must be they don't get all the facts before they open their mouth.

Posted: Tuesday, February 15, 2011
Article comment by: az mac

Let me add that you can be arrested for handing out the constitution or taking an American flag into the county building. That shows disrespect for both.

Posted: Tuesday, February 15, 2011
Article comment by: az mac

The constitution is the supreme law of the land and no law can over ride it. The judge says his first amendment rights were not violated which says to me he should be fired as a judge. The district attorney should file criminal charges against the BOS as they broke the state law by interfering with politics that went on that day. Since when in our history that a building bought and paid for by the people can not have access to it for political purposes according to the first amendment. No where in the first amendment does it give you places and times you can practice the first amendment. No where does it say you need a permit ( government permission) to do any thing in the first amendment. In fact the constitution is a guarantee that the peoples rights are there any time they choose to use them.

Posted: Tuesday, February 15, 2011
Article comment by: Patriot WES

@ Kristi, sounds like you do not like the U.S. Constitution or who stands for it! Yet it is the first Amendment that allows you to make your statement, just as I talk about Mohave Co and how they have mistreated the residents!
@ Margarita, now I know why you are a Maiden!
@ Nice Chuckle, I'm a nut case because I disagree with you? Just maybe you are talking into a mirror! Take a good look at the man in the mirror!

Posted: Monday, February 14, 2011
Article comment by: Elmer Whittaker

@ Diogenes' Lantern

I really appreciate your most informative explanation. In the Judges eyes the law suit had no merits because it was brought forth in a Civil Court, where you have to show and sue for damages.

So actually the law suit should have been a claim with the FBI, who is in charge of Jim Kanelos accusations of criminal conspiracy, and should have been pursuit by either the Arizona Attorney General or the US Justice Department.

I wonder if it is too late for Jim Kanelos or someone else to file a complaint with the FBI Lake Havasu. 928-854-7150

"We Are Not Afraid"

Posted: Monday, February 14, 2011
Article comment by: Looking forward to the Future

@nnp nnp: Useless eaters are useless.
There was only 1 billion people in 1800, 2 billion in 1920, 3 billion in 1960. The Earth can't sustain the amount of people that are here, if people don't star breeding sensibly by the end of 2011 there will be 7 billion people, by 2020 there will be 8 billion, 2040 will have 10 billion, and at 14 billion, by ALL accounts, there will literally not be enough food and water to sustain humanity.

Posted: Monday, February 14, 2011
Article comment by: Elmer Whittaker

@ Margarita Maiden

It was not necessary to really refer to the "story" again, although I re-read it anyway. At least Nice Chuckle knew when to explain something, and he did. Which of course is a lot more than can be said of you.

Like "NoNeedForTitles" already inquired, I too would like to know who this "conspiracy clan" is and what sort of conspiracy you are actually referring to. Personally I have little understanding why you think I am part of any "conspiracy clan" at all?

Although one of these years I will recover the money I lost due to the City of Kingman and Mohave County's malicious prosecution of two fabricated cases against me, I had no illusions that I might get rich off Jim Kanelos law suit. I am not associated with Jim Kanelos nor was I part of the law suit. I can also not recall of having ever given out any pamphlets anywhere and anytime, nor do I see a reason of handing out pamphlets in your house.

To the best of my abilities I cannot find any correlation between your house and the Mohave County Building which is owned and maintained by the people of Mohave County. Maybe you did not realize that the Mohave County Sheriff, the Mohave County Board of Supervisors, and the Mohave County Attorney are in fact public servants and do (at least so says the law) work for the citizens of Mohave County who seem forced to pay them too much money for their corrupt services.

Lastly, I have to admit that I have seldom responded to someone as judgmental, unknowing, and misinformed as you.

Have you ever considered going back to school?

"We Are Not Afraid"

Posted: Monday, February 14, 2011
Article comment by: Elmer Whittaker

@ Nice Chuckle

I am really not that informed about the Kanelos case. I have not been around when the incident happened nor have I sued Mohave County. I am also not aware what evidence Kanelos has and what he doesn't have.

I do however appreciate that you took my questions at least serious and answered me. Unfortunately I am not sure what it is you want me to give up, and why you consider me a nutcase? Because I stand for the US Constitution and its Bill Of Rights? No matter how you look at it, or not. The US Constitution is the supreme law of this Country.

Anyways, re-reading the article and your commentary to me, I must wonder why Luca Zanna is mentioned in this article at all. To my knowledge these are two completely different lawsuits and were not filed together. (Suzanne?)

As I already stated I do not really know much or anything about the Kanelos case, I do however know a little about the Zanna case, as the most pressing evidence is public knowledge as videos, written statement and letters from the BOS as well as eyewitness accounts. I cannot imagine that any Judge would have the authority or intention of combining two completely different cases.

Anyone who can see, read and hear must be aware that Luca Zanna has a most legitimate case against the BOS. Of course reading what the Judge said and you explained, I do not know how much good all the evidence will do Luca Zanna, if it is ok with the court that the supreme law of the Country is violated as long there is no visible monetary damage.

It's like a drunk driver or child molester gets away free, as long as he causes no monetary damages.

"We Are Not Afraid"

Posted: Monday, February 14, 2011
Article comment by: Diogenes' Lantern

RE "Snow dismissed most of his claims, saying that Kanelos didn't provide enough proof that he had been injured by the county's actions and that he had not provided a way of redressing any damages the county may have made through its actions."

A little legal lesson here. There are four elements to a cause of action (a legitimate reason to sue). All four must be present in the Complaint together with sufficient alleged facts or it will be dismissed procedurally. The four elements are: Duty, Breach of Duty, Proximate Cause and Damages.

More explicitly, the Defendant must have a legal duty to behave toward the Plaintiff in a certain Way. Then the Defendant must have breached that duty. Then that breach must be the proximate (direct) cause of the Plaintiff's damages, which are the fourth element.

If a Complaint fails to properly allege the specific facts that fulfill each of the above elements, then the Complaint (or a part of it) is dismissed, usually with permission to resubmit an amended Complaint that properly fulfills the requirements.

What the judge meant by not providing a way to redress any damages, he is merely saying that the Plaintiff did not state his damages in such a manner as to make them a legally recoverable action or reimbursement.

Posted: Monday, February 14, 2011
Article comment by: NoNeed ForTitles

Re: "Margarita Maiden"

Exactly who is the "conspiracy clan"?, first, county property is owned by the taxpayers and unlike "your house" have every right to conduct business there and hand out items just like the senator did. Second, most people sue the local government to get changes, right a wrong or get a policy created, not to get rich. And last, for someone like you to trample on someone else's opinion and try to belittle them shows what kind of person you are and your obvious low level of intelligence, perhaps you need to grow up and become an adult.

Posted: Monday, February 14, 2011
Article comment by: carol jeffers

Trying to stand up for there constitutional rights has cost the city of Kingman alot.Ron walker spent big tax payers money on his unneeded security for his county building.This money could have been spent on so many other much needed things here in Kingman ,for one a new animal shelter we are in desperate need of.

Posted: Monday, February 14, 2011
Article comment by: No name provided

Zannas will win their claim! Kanelas just made Zanna look bad.

Its interesting how people are lumped in together when they are not even part of certain herds.

Posted: Monday, February 14, 2011
Article comment by: nnp nnp

first they came for thosde who just wanted to pass out McCain's voting record then they came for those who don't feeli like removing their hats in the presence of the Illuminati then they came for those who write to the Daily Miner with the audacity to sign their true names then they came for you, just because you're regarded as Useless Eaters by the New World Order, and there's nobody left you can turn toon the way to the FEMA execution camp. Good riddance.

Posted: Monday, February 14, 2011
Article comment by: Margarita Maiden

Once again, Elmer, [deleted]. Please, refer to the story again and answer your own questions. The "conspiracy clan" need to get their facts straight before jumping off that mountain. Sue, sue, sue. Thought you were going to get rich easy, huh? If you come to my house and hand out pamphlets, I have every right to ask you to stop. So, grow up, be adults AND QUIT COMPLAINING!!!!!

Posted: Monday, February 14, 2011
Article comment by: Nice Chuckle


It says the judge says Kanelos did not provide proof of his claims. Looks like you nut cases lose yet again. Ready to give up yet?

Posted: Monday, February 14, 2011
Article comment by: Elmer Whittaker

Am I understanding this correctly. Judge Snow is stipulating that it is all right to violate someone's constitutional rights as long as that person cannot prove monetary damages? Or is the Judge saying Kanelos' constitutional rights were not violated at all?

"We Are Not Afraid"

Posted: Monday, February 14, 2011
Article comment by: No Autograph

All I can say is, if the county is found to be at fault, then they should get sued for a lot of bucks. What sucks is that the taxpayers will be the ones to actually pay the suit but then again the taxpayers put these people in office. It is so sad that it takes a lawsuit to make the government work for the people and not for themselves.

Posted: Monday, February 14, 2011
Article comment by: Kristi Turner

LOL .. that is all I have to say LOL @ Zanna, LOL @ Kanelos, LOL @ the Tea Party "movement" and LOL @ "Patriot Wes" who will come here screaming about more county conspiracy theories.

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