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April 20, 2016 www.DesertMessenger.com 3 US Appeals Court rejects Jones' appeal The Smoke Shop The Smoke Shop has CLOSED our doors for good. Thank you for your patronage over the past 5 years. We appreciate your support! By Shanana Rain BearCat Quartzsite, AZ - April 4, 2016 Jen- nifer "Jade" Jones lost her bid to a federal appeals court to overturn Federal Court's dismissal of her civil rights lawsuit. Jones' complaint revolved around the issuance of an inspection warrant on August 20, 2013 and the filing of 113 Town Code violations against her for failure to have a vendor's permit. Within hours after losing her bid for Arizona State Representative District 5 in August 26, 2014 Primary Election, Jones filed a new claim in U.S. District Court for Arizona Un- der Section 1983. The case arises from an ongoing dispute between Jones and the Town of Quartzsite. Jones, a "self-styled activist," alleges that in 2008, she be- came vocal in speaking out "against the corrupt Quartzsite government." She claims that in retaliation for her open political opposition, the Quartzsite government began "an ongoing campaign of malicious pros- ecution, harassment," and unconsti- tutional persecution. Defendants included The Town of Parker, Town of Quartzsite, Park- er Magistrate James Putz-Artrup, Quartzsite Prosecutor David Ward, for- mer Quartzsite Town Manager Laura Bruno (& husband), former Quartzsite Community Developer Director Ste- phen Henrichs (& wife), Quartzsite Council Members Mark Orgeron, (& wife) Norma Crooks (& husband), Carol Kelley, and Mike Jewitt (& wife); and Desert Messenger Publisher Sha- nana "Rain" Golden-Bear. Jones, who represented herself "pro se", alleged in the 28-page Com- plaint CV-14-01907-PNX-SPL, that defendants violated her rights when Quartzsite Police Dept. and Henrichs visited her location at Rice Ranch Swap Meet on August 22, 2013 with a warrant to inspect a 1956 trailer to ensure compliance with Town Codes. According to a press release issued by the Town of Quartzsite they found 15 Pit Bull dogs housed in cages in the trailer. The Town of Quartzsite emailed the press release to the Ari- zona Republic, Parker Pioneer, Palo Verde Times, and Desert Messen- ger. Jones alleges the Press Release was "libelous and defamatory." Jones alleged defendants (includ- ing Golden-Bear): "Violated the First Amendment Right to Free Speech, Press and Assembly; First Amendment Right to be Free from Retaliation; Fourth Amendment Right to be Free from Unreasonable Search and Malicious Prosecution; Intentional Infliction of Emotional Distress; Conspiracy to Violate the Constitutionally Protected Rights of the Plaintiff; Intentional Inter- ference with Contract; Violating of Equal Protection by Singling out Plaintiff for Unequal Treatment for no other Reason Other Than Malice, as a Class of One." Jones was seeking compensatory and punitive damag- es, along with "attorney's fees" and also demanded a jury trial. Over the recent years, Jones has filed a series of complaints in the Dis- trict of Arizona against Quartzsite and its employees, including, but not limited to: Jones v. Quartzsite, CV-12-01383-PHX-JAT ("Jones I"); Jones v. Quartzsite, CV-12-02629- Jennifer Marie Jones, Plaintiff, vs. Town of Parker, et al., Defen- dants. No. CV-14-01907-PHX -LOA ("Jones II"); Jones v. Quartzsite, CV-13-01770-PHX-DJH ("Jones III"); Jones v. Quartzsite, CV-13- 02170-PHX-DJH (Jones IV); and this case ("Jones V"). Jones filed this 42 U.S.C. § 1983 action on August 27, 2014. Jones claimed that, in violation of 42 U.S.C. § 1983, the Towns of Quartzsite and Parker failed to adequately train, supervise, and discipline its person- nel, and the actions taken against her were in fact part of a conspiracy by Defendants to violate her consti- tutional rights. A Civil Rights violation occurs whenever any person, acting under color of law subjects, or causes to be subjected, any citizen of the Unted States or other person within the ju- risidiction theref to the deprivation of any rights, privileges or immuni- ties secured by the Constitution and laws. "Color of law" simply means the person is using authority given to him or her by a local, state, or federal government agency. • On May 29, 2015, the Honorable Steven P. Logan United States Dis- trict Judge DIMISSED the case. • On June 25, 2015 Jones request- ed the court rescind its order. In Jones' response to motion to deny, she falsely argued "Subse- quent to the filing of this Claim, Defendant Golden-Bear conspired with a Town Official to conduct a frivolous and unwarranted in- spection of Plaintiff's business... Defendant Golden-Bear(Bearcat) admits to working for the Town of Quartzsite and she has benefited for years from privileged relation with her employer and evidence exists in support of Plaintiff's assertions to that effect which Golden-Bear did not specifically deny." Judge Logan denied her motion to amend the order. In his order Judge Logan stated, "the Court advised Plaintiff that the filing of future lawsuits of this nature may result in sanctions and that she may be ad- judged a frivolous litigant." Jones retired from dog grooming in 2014. As publisher of the Desert Freedom Press, Jones published only 3 edi- tions of her tabloid in all of 2015 and just one edition in 2016 to date. • She then filed an appeal in Unit- ed States Court of Appeals for the Ninth Circuit. On April 4, 2016, the US Court of Appeals AFFIRMED the Dis- trict Court's judgement. Jones is, once again, a candidate for Arizona House of Representa- tives Legislative Dis- trict 5, covering La Paz & Mohave Counties. She is also Vice-Chair of La Paz County Repub- lican Party. Desert Messenger also published Quartzsite Visitor Guide 2015-16 in cooperation with the town. Judge Logan stated, "A contract with the Town of Quartzsite does not make Golden-Bear an employee of the Town of Quartzsite. Golden- Bear is not a state actor and cannot be liable for a § 1983 claim." In recent years, Jones ran failed political campaigns for Quartzsite Town Council, Quartzsite Mayor, La Paz County Supervisor and Ari- zona State Representative Dist. 5. Jones became famous when the 2011 video of her being removed from a town council meeting went "viral." Jones stated she retired from her dog grooming business in the spring of 2014. Jones stated she is willing to ap- peal her case to the U. S. Supreme Court. Every year, the Supreme Court receives about 10,000 peti- tions for certiorari, but only hears about 80 of them. Case Documents have been up- loaded and are available for viewing at https://desertmessengernews- blog.wordpress.com. "The Court advised Plaintiff [Jones] that the filing of future lawsuits of this nature may result in sanctions and that she may be adjudged a frivolous litigant."