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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
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RAFAEL I. PINKHASOV PINCHAS,
Plaintiff,
v. AMENDED VERIFIED COMPLAINT
Civil Action No.: WMN 01 CV 2758
JERALD M. JORDAN,
DONALDA K. AMMONS and
JOHN M. LOVETT, Defendants.
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Plaintiff, presenting this Amended Verified Complaint, respectfully
alleges the following:
1. This action is within the jurisdiction of this Court by virtue of
28 U.S.C. &1332 and 1391.
2. Plaintiff is Rafael I. Pinkhasov Pinchas, the former Chairman of
the Awards Commission of the International Committee of Sports for the
Deaf with his following residence addresses at 76-54 168 Street Hillcrest
New York 11366 USA and 6 Dadashev Kuchasi Tashkent 700015 The Republic
of Uzbekistan.
3. The International Committee of Sports for the Deaf ("CISS"
) is an international sports organization with its following Home Office
address at 814 Thayer Avenue Suite 350 Silver Spring Maryland 20910
USA.
4. Defendant is Jerald M. Jordan, the former President of the CISS
and current Member of the CISS Legal Commission and CISS Honorary Member
with his following addresses at 814 Thayer Avenue Suite 350 Silver Spring
Maryland 20910 USA ( office ) and 826 Locust Drive West River Maryland
20778 USA ( residence ).
5. Defendant is Donalda K. Ammons, the CISS Secretary General and Member
of the CISS Legal Commission with her following addresses at 814
Thayer Avenue Suite 350 Silver Spring Maryland 20910 USA ( office )
and 11617 Orchard Grove Road North Potomac Maryland 20878 USA
( residence ).
6. Defendant is John M. Lovett, the CISS President and Member of the
CISS Legal Commission with his following addresses at 814 Thayer Avenue
Suite 350 Silver Spring Maryland 20910 USA ( office ) and 5/42
Wright Street McKinnon Victoria 3204 Australia ( residence ).
7. Plaintiff and defendants are deaf individuals whose main modes
of communication is the American Sign Language, English and the Gestuno
( International Sign Language of the Deaf).
8. Defendants are subjects to the jurisdiction of this Court.
9. The subject matter of this action exceeds seventy five thousand
dollars
( $75,000.00 ), exclusive of interest and costs, and is between citizens
of different states.
FIRST COUNT: Discrimination
10. On July 21, 2001, plaintiff was nominated by his National Sports
Association of the Republic of Uzbekistan at the 37th CISS Congress
held in Rome, Italy, as a Member candidate for the CISS Executive Committee
for the period of 2001-2005.
11. Before the start of the elections, when plaintiff was still a candidate,
defendants responded to plaintiff's action, as alleged in this Complaint,
by scrutinizing plaintiff more closely than other comparable candidates
for the CISS Executive Committee position.
12. Defendants knew or should have known that plaintiff had a comprehensive
background as an experienced sports administrator and leader, multilingualist,
sports writer and historian.
13. Plaintiff had satisfied all of the qualification requirements for
the said elections and was, otherwise, qualified for the elective position.
14. Plaintiff was disqualified by defendants to participate in an election
contest for the CISS Executive Committee Member position.
15. Defendants refused to provide plaintiff the opportunity to take
part in the said elections because of plaintiff's Uzbekistani ancestry,
background and characteristics, defendant Jordan's personal jealousy
and animosity history toward plaintiff, plaintiff's mixed residence/citizenship
status and because plaintiff had the so-called "possession of four
foreign passports".
16. At the end of August, 2001, defendants removed plaintiff's name
from the position of the Chairman of the CISS Awards Commission.
17. At the end of 2001, defendants refused, as part of "equal employment
opportunity", to provide plaintiff the opportunity to be considered
as a candidate for the vacant position of the CISS Sports Director,
which was an appointed CISS Executive Committee position.
18. Defendants' actions toward plaintiff were discriminatory, willful
and malicious.
COUNT TWO: Rule Violations
19. Defendants' removal of plaintiff as a candidate for the Member position
of the CISS Executive Committee for the period of 2001-2005 was in
violation of the CISS
Constitution Rules, namely:
Rule 10.4.2
Rule 10.4.3
Rule 10.4.4
Rule 15.
20. Rule 10.4.2 of the CISS Constitution states, "All members of
the Executive Committee must be a deaf person fluent in international
signs."
21. Rule 10.4.3 of the CISS Constitution states, "The Executive
Committee shall
consist of persons who are members of the National Association of their
country of residence admitted to Full Membership by virtue of this Constitution."
22. Rule 10.4.4 of the CISS Constitution states, "Only one member
per National
Association shall be elected to the Executive Committee".
23. Rule 15 of the CISS Constitution states, "Dispute Resolution
- if any dispute arises concerning the construction of this Constitution
or any matter arising from it or any disciplinary matters, then such
a dispute will solely and exclusively be resolved by the Congress. The
decision of the Congress will be final and binding on the parties and
it is agreed that neither party will institute or maintain proceedings
in any court or tribunal beyond the Congress."
24. On July 29, 2001, leaders from forty nations - Members of the CISS
- signed
a petition by denouncing defendant Lovett's unconstitutional removal
of plaintiff as a candidate for the CISS Executive Committee Member
position, which was done in violation of the CISS Constitution Rules.
COUNT THREE: Breach of Contract
25. On or about January 26, 1979, defendant Jordan as the CISS President,
actually and apparently on behalf of the CISS Executive Committee, orally
or via the sign language, promised to plaintiff that plaintiff, as a
new Member of the CISS World Records Commission in Athletics, Swimming
and Shooting, would receive the customary compensation package (mail
postage, meal and lodging accomodation ) in exchange for plaintiff's
work and stay at the XIVth Deaflympic Summer Games held in Cologne,
Germany, in 1981.
26. On or about March 13, 1999, defendant Lovett as the CISS President,
actually and apparently on behalf of the CISS Executive Committee, orally
or via the sign language, promised to plaintiff that plaintiff, as
the Chairman of the CISS Awards Commission, would receive the customary
compensation package (meal and lodging accomodation) in exchange for
plaintiff's work and stay at the XIXth Deaflympic Summer Games held
in Rome, Italy, in 2001.
27. Defendants failed and neglected to the conditions of the contract
on their part
as described on Paragraphs 25 and 26.
28. For the aforementioned, plaintiff had to pay from his own pocket
the mail postage and accomodation expenses as a Member of the CISS World
Records Commission in Athletics, Swimming and Shooting in 1981 and Chairman
of the CISS Awards Commission in 2001.
COUNT FOUR: Breach of Agreement
29. From on or about August,1995 through November, 2000, on various
occasions, plaintiff as the CISS Bulletin writer and Chairman of the
CISS Awards Commission, entered into a series of agreements with defendants.
30. A special relationship of trust and confidence was maintained between
plaintiff and defendants Ammons and Lovett.
31. The following agreements, previously made between plaintiff and
defendants
in a good-faith manner, were breached by defendants:
a) publication of plaintiff's materials in the CISS Bulletin issues,
b) purchase of the trophies for the winners of the 1999 and 2000
World SportsMan and SportsWoman of the Year Award honors,
c) preparation and publication of diplomas for the finalists of the
Deaflympic Games Athlete of the Century and Deaf Olympian
of the Century Award honors,
d) non-inclusion of plaintiff as a member of the 2001 CISS Media
Team,
e) publication of plaintiff's materials in the CISS 2001 Review book,
f) personal correspondence between plaintiff and defendant.
COUNT FIVE: Defamation of Character and Conspiracy
32. From 1981 to 1986, and again, from 2000 to now, defendants herein
have unlawfully, wantonly and maliciously conspired, confederated and
agreed among and with each other and others whose names are presently
known and unknown to plaintiff to libel and defame plaintiff.
33. During the times aforesaid, defendants did conspire to maliciously
publicize
of and concerning plaintiff by circulating among CISS Executive Committee
members - past and present - and other individuals the following printed
false and defamatory matter:
a) the CISS Bulletin issues between 1982 and 1986,
b) the Securities Exchange Commission vs. plaintiff matter, which is
published on the worldwide website system,
c) the media.
34. Defendant Lovett influenced and coached the 37th CISS Congress
delegate from Australia to bring up the concoctingly defaming charge
against plaintiff, which was made in the presence of the full-packed
37th CISS Congress audience,
" Pinkhasov Pinchas has four foreign passports. Is he eligible
to run for the CISS Executive Committee seat? "
35. Defendants meant and intended to mean that plaintiff had deliberately
withheld
his personal data from the CISS and that plaintiff had committed certain
professional acts for which he would be persecuted.
36. The words and material are and were wholly false, defamatory and
untrue, all of which was known to defendants.
37. The false and defamatory words and material are libelous per se.
COUNT SIX: Signature Forgery
38. Defendant Ammons as the CISS Secretary General, lacked any authority
and permission to perform the unlawful acts which she did perform
twice.
39. By using the CISS stationery, defendant Ammons signed plaintiff's
name as the Chairman of the CISS Awards Commission, by herself in the
CISS stationery letter, which was an act of signature forgery by defendant.
40. In addition, defendants, through their attorney, have repeatedly
chosen to commit the acts of disinformation and false publicity to
the world.
41. Defendants have issued misleading Press Releases to the world, in
which they, inter alia, mentioned that the CISS as an organization
is also as if a party to this lawsuit ( see EXHIBIT A ).
42. Plaintiff repeats and realleges all of the allegations contained
in Paragraphs 1 through 39, inclusive, as if set forth at length herein.
43. Plaintiff suffered severe emotional trauma, distress and humiliation
caused by defendants' aforementioned acts
44. As a result of the foregoing, plaintiff has suffered damages for
which defendants are liable to plaintiff.
45. Wherefore, plaintiff demands judgment against defendants as follows:
a) for compensatory damages,
b) for punitive damages,
c) for interest,
d) for cost of suit.
46. Whereto, plaintiff requests an award on all counts to be assessed
against defendants individually, jointly and severally in the amount
of TWO MILLION AND FIVE HUNDRED THOUSAND DOLLARS ( $2,500,000.00 ),
and such other
relief as Court may deem just and proper.
Dated: Queens, New York
February 22, 2002
_____________________________
Rafael I. Pinkhasov Pinchas
Plaintiff and Pro Se
TO: Kelby Brick, Esq.
Attorney for Defendants
Jerald M. Jordan,
Donalda K. Ammons and ( Read EXHIBIT A Below )
John M. Lovett
14440 Cherry Lane Court
Suite 200
Laurel Maryland 20707 - via U.S. Federal Express
EXHIBIT A
February 15, 2002 PRESS RELEASE
COURT THROWS OUT CASE AGAINST CISS
Laurel, MD
As expected, the United States District Court for the District Court
of Maryland dismissed litigation against Comite International des Sports
des Sourds ( CISS) leaders.
The Court ruled that plaintiff Rafael Pinchas' complaint was vague,
"immaterial" and had "conclusory accusations" full
of a "mass verbiage". The Court stated that despite an interpretation
to allow the rules to be bent in favor of the plaintiff, the complaint
still failed to present a clear statement of his claims. As a result,
the Court further ruled that the Plaintiff violated basic rules and
procedures warranting the dismissal of his claims.
While remaining confident, the CISS and its defendants are pleased with
the Court's decision. They have previously asserted that the lawsuit
was baseless and completely unsupported by facts.
"We will not allow the plaintiff's actions to divert CISS from
its obligation and commitment to serve all its members fairly and ethically
while promoting the ideals behind the CISS Motto- Per Ludos Aequalitas-
Equal Through Sports. The CISS will continue
to develop and to promote sport training and competition in the deaf
international sporting community and promote international relations
on the playing field," commented President John Lovett.
The court has allowed the plaintiff twenty (20) days to re-file in order
to clarify his intentions. If the re-filing occurs, the CISS expects
that it will still be dismissed once again. Kelby Brick, an attorney
representing the defendants, stated that that "we will not allow
the plaintiff to use personal attacks and blackmail tactics to weaken
the CISS
and its Constitution. This is not negotiable. The law and the court
are on our side. If Mr. Pinchas wants to drop his personal vendetta,
we will listen to any offer he wishes to make."
The Comite International des Sports des Sourds ( CISS ) is the oldest
of international sportsorganizations on sport for disabled people. Founded
in 1924 and given full recognition by the International Olympic Committee
(IOC), the CISS is the body which controls the Deaflympics. The CISS
is composed of national deaf sports organizations and is managed by
an executive committee of nine persons, all of whom are deaf.
For further information about the lawsuit, contact Kelby N. Brick, Esq.
at
Kelby@bricklawoffice.com
For further information about CISS, visit www.ciss.org
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