NEW LAWSUIT ACTION IS OPENED, WHILE OLD LAWSUIT ACTION IS CLOSED

From: DEAFSPORTLAWSUIT - Apr 25, 2003

On March 24, 2003, a new legal action titled Rafael I. Pinkhasov Pinchas, plaintiff, against Donalda K. Ammons and Jerald M. Jordan, defendants ( Civil Action Number WMN-03-857 ) was being commenced at the USA District Court for the District of Maryland, Baltimore, Maryland, USA.

The other legal action by plaintiff Pinkhasov Pinchas against defendants Jordan, Ammons and John M. Lovett ( Civil Action Number WMN-01-2758 ) was closed on April 8, 2003.

Judge William M. Nickerson, as was the case with the old legal action, is in charge of the new legal action.

Below please read the contents of the new Complaint by plaintiff Pinkhasov Pinchas against defendants Ammons and Jordan.

www.deafsportlawsuit.com

IN THE UNITED STATES DISTRICT COURT
      FOR THE DISTRICT OF MARYLAND

****************************************
RAFAEL  I. PINKHASOV PINCHAS,
76-54 168 Street
Hillcrest New York 11366
Plaintiff,
                  COMPLAINT
v. Civil Action Number:
   WMN-03-857
DONALDA K. AMMONS,
11617 Orchard Grove Road
North Potomac Maryland 20878, and
JERALD  M. JORDAN,
826 Locust Drive
West River Maryland 20778
Defendants.
****************************************

Plaintiff Mr. Rafael I. Pinkhasov Pinchas ( "plaintiff" ), for its Complaint against defendants   Dr. Donalda K. Ammons ( "Ammons" ) and Mr. Jerald M. Jordan ( "Jordan" ), alleges as follows:

1. This  Court has original jurisdiction over this action under Title 28 of the United States Code, Section 1332 in that it is a civil action between citizens of different states ( as alleged specifically below ) in which the amount in controversy exceeds for each cause of action, exclusive of costs and interest, seventy-five thousand dollars ( $75,000.00 ). Venue is proper in this district pursuant to Title 28 of the  United States Code, Section 1391 ( a ), because Ammons and Jordan  reside in this district and are subject to personal jurisdiction in this district.

2. Plaintiff is residing  at 76-54 168 Street Hillcrest New York 11366.

3. Ammons is residing at 11617 Orchard Grove Road North Potomac Maryland 20878.

4. Jordan is residing at  826 Locust Drive West River Maryland 20778.

5. The main charges of this Complaint  are:

Defamation of Character
Discrimination
Conspiracy
Rule Violations
Human Rights Violations.

6. On September 17, 2001, plaintiff  filed his Verified Complaint and on February 22, 2002 his Amended Verified Complaint  titled Rafael I. Pinkhasov Pinchas vs. Jerald M. Jordan. Donalda K. Ammons and John M. Lovett ( Civil Action Number WMN 01-2758 ) before this Court.

7. The Civil Action Number WMN  01-2758  matter is still pending

              8. On February 25, 2003, plaintiff along with his friend, Mr. F., who is a citizen of RF, made a trip to the city of Sundsvall, Sweden ( "Sundsvall" ).

9. In the afternoon hour of February 26, 2003, plaintiff and Mr. F. arrived in Sundsvall.

10. In the late afternoon hour of February 26, 2003, plaintiff was officially registered by the Swedish Organizing Committee of the  XVth  Deaflympic Winter Games as a delegate for Uzbekistan to the 2003 International Sports Committee of the Deaf ( "CISS" )  Workshop and 38th CISS Congress sessions.

11. Consequently, plaintiff received an official identification badge Number 1296, which was supposed to allow plaintiff to attend  without any hindrance any event arranged by the CISS and  Swedish Organizing Committee of the XVth Deaflympic Winter Games in Sundsvall, including the 38th CISS Congress session as a delegate.

12. Sundsvall was the venue of the 2003 CISS Workshop and 38th CISS Congress sessions, which took place between February 27-28, 2003.

13. Sundsvall was also the venue of the March 1-8, 2003,  XVth Deaflympic Winter Games,
an Olympic-style competition.

14.  Several minutes after plaintiff's receipt of  the official  identification badge, plaintiff was suddenly approached by  Mr. Lars Holmlund, the Secretary  of the Swedish Organizing Committee of the XVth Deaflympic Winter Games, and Mr. Lennart Edwall, the CISS Executive Committee member from Sweden.

15. Mr. Holmlund and Mr. Edwall informed plaintiff that "they received a letter from this Court  and  that this Court ordered that plaintiff  is an unwelcome visitor to Sundsvall and that he is a CISS persona-non-grata."

16. When plaintiff asked to show "a letter from this Court", it turned out to be a faxed  February 19, 2003 letter from Mr. Kelby Brick, instead.

17. Mr. Kelby Brick is an attorney for the three defendants  - Ammons, Jordan and Mr. John Lovett - in another Civil Action Number WMN 01-2758 matter before this Court.

18. Mr. Lars Holmlund presented to plaintiff a copy of the faxed letter by Mr. Brick, which was addressed to the CISS officials and concerned people and which, among the other things, mentioned that  plaintiff  "as a CISS persona-non-grata is prohibited  to attend any  CISS event in Sundsvall".

19. By manipulating, confusing and intimidating plaintiff, Mr. Holmlund flatly refused to provide a copy of the faxed February 19, 2003 letter by Mr. Brick to plaintiff.

20. In spite of the above, in the evening hour  of February 26, 2003, at the Scandic City hotel
premises in Sundsvall, plaintiff  along with many CISS officials, foreign delegates and guests attended a reception party organized by the 2009 Deaflympic Summer Games hostship bid group from Athens, Greece.

21. Ammons and Jordan also attended the reception party arranged by the host Greek group.

22. The presence of plaintiff at such a reception party, at which plaintiff was socializing with many CISS officials, foreign delegates and guests, enraged Ammons and Jordan a great deal.

23. On February 26, 2003, on or about 10.30 p.m., plaintiff left the Scandic City hotel premises
for his IBIS hotel room for a sleep.

24. On or about 11.30 p.m. of the same day of February 26, 2003, there was an emergency flash light rings at plaintiff's hotel room, which compelled  a half-naked plaintiff  to quickly get up from his bed and, in the presence of  Mr.F, who was still in the room, to open the door.

25. While plaintiff opened his hotel room, he found four persons awaiting outside:  a female hotel receptionist, a  male sign language interpreter and two policemen.

26. The two policemen began to question plaintiff's and Mr. F.  presence in Sundsvall.

27. The policemen  told plaintiff and Mr. F., among the other things, that "they were unwelcome  and dangerous visitors to Sundsvall and that they would be immediately arrested in the event plaintiff and Mr. F.  would have committed an improper act in Sundsvall."

28. During the policemen's thorough and excruciating  questioning and documents search of plaintiff and Mr. F. at the room, plaintiff, by utilizing his proficient command of English speech and International Gestuno Sign Language, made all-around effort  to convince the two policemen that both plaintiff and Mr. F.  are "indeed law-abiding citizens and their presence in Sundsvall was to be legitimate, free of trouble  and peaceful one".

29. Plaintiff also explained to policemen about the pending Civil Action Number WMN 01-2758 matter by presenting to them several important copies of court  papers signed by the Judge as well as other relevant documents such as

- an official letter from the National Sports Association of Uzbekistan, which designated plaintiff as one of  its  two delegates to the CISS Congress,

- the the just-received  identification badge, and

- other previously-plaintiff-published materials in the CISS Bulletin issues and CISS Review 2001 book.

30. As a result, the two policemen were satisfied with plaintiff's explanation and document presentations and decided to take no arrest action against plaintiff and Mr. F.

31. Before the policemen were to leave the hotel room, plaintiff  specifically and repeatedly asked policemen as to "who requested them to come to his  hotel room at that midnight hour". Their reply was that the policemen "were acting against plaintiff on the urgent request of one top CISS official- Ammons."

32. Another degradable, menacing  and annoying incident plaintiff faced was that in the early  morning of February, 27, 2003, plaintiff went to attend the 2003 CISS Workshop and 38th CISS Congress sessions held in the Town Hall premises, but he was denied an entry  to the building in order to attend such events.

33. Under the unusually tight security at the 2003 CISS Workshop and 38th CISS Congress session premises, plaintiff was discriminatorily and harassingly  prohibited from attending  these  events as an Uzbekistani delegate.

34. This act, as plaintiff was repeatedly advised by security men and Swedish Organizing Committee of the XVth Deaflympic Winter Games officials, was done on the orders of Ammons.

35. Ammons is an unconstitutionally-elected CISS Secretary General.

36. Ammons is also the CISS anarchist and reputed abuser of the CISS legal system. Ammons is also employed as a Professor in the Department of Foreign Languages and Literatures  at Gallaudet University in Washington, D.C.

37. During the 38th  CISS Congress session and XVth Deaflympic Winter Games competitions Ammons committed an aggregate of thirty one ( 31 ) different violations derived from fourteen ( 14 )
various rules of the CISS Constitution and Deaflympic Games Regulations.

38. Jordan is a current member of the CISS Legal Commission.

39. Jordan is also the former CISS President, 1994 Gallaudet University honorary doctorate degree recipient, holder of the Olympic Order and CISS Honorary Life Member since 1995.

40. Mr. Edwall tried to help to allow plaintiff to take part at the Congress session pursuant to the CISS Constitiution Rule 15, but Mr. Edwall was turned down by Ammons and  Jordan.

41. Ammons had dictatorially  and anarchially, along with  Jordan, acting as "her behind-the-scenes senior advisor and co-conspirator,"  presided over the 2003 CISS Workshop and 38th CISS Congress session proceedings.

42. When plaintiff was repeatedly notified by security men about his non-admittance to these events' premises at the Town Hall, plaintiff acted gentlemanly, diplomatically and tactfully by offering no resistance or physical shoving to anyone.

43. Still deeply feeling humiliated and painfully offended by Ammons' and Jordan's provocative maneuverings against plaintiff, plaintiff politely left the building premises for good.

44. The provocative acts by Ammons and Jordan  against plaintiff were in blatant violations of the CISS Constitution Rules 3.1, 3.1.11 and 15.

45. CISS Constitution Rules 3.1 and 3.1.11 state the following:

"The objects of the CISS are as follows: to promote deaf sports without discrimination on the ground of religion, politics, economics, sex and race."

46. The CISS  Constitution Rule 15 basically  states that if there is any dispute, "then such a dispute will solely and exclusively be resolved by the ( CISS ) Congress ( delegates )".

47. The Rule 15 clearly means and soundly demonstrates that by refusing to admit plaintiff as an Uzbekistani delegate to the 2003 CISS Workshop and  38th CISS Congress sessions, Ammons, in concert with Jordan,  suppressively, deliberately, intentionally and  purposefully denied all the foreign CISS Congress delegates the fundamental and constitutional right to freely, openly and democratically debate, decide and vote by themselves ( not by Ammons alone nor by the CISS Executive Committee members ) on the two disputable matters such as  

a) "Pinkhasov Pinchas' status as "a CISS persona-non-grata",  and
 
b) plaintiff's status as an official Uzbekistani delegate at the 2003 CISS Workshop and  38th CISS Congress sessions.

48. Ammons, by mistreating plaintiff, also committed another horrendous  and humiliating act against plaintiff: universal human rights violation.

49. The acts described in the above Paragraphs by Ammons  and Jordan against plaintiff prompted one Swedish newspaper - SUNDSVALLS TIDNINGS - to publish in its February 28, 2003 front and back page columns the story  about plaintiff's plight, which was accompanied with  a large photo of plaintiff  standing in front of  the huge Town Hall building, the site of the 2003 CISS Workshop and 38th CISS Congress sessions.

50. During his stay in Sundsvall, plaintiff, at the orders of Ammons and her attorney, Mr. Brick,   was prevented  from attending the various public activities in Sundsvall such as

a) reception party organized by the 2007 Deaflympic Winter Games hostship bid group from Park City, Utah, USA ( the event was held on February 27, 2003 );

b) reception  party organized by the 2009 Deaflympic Summer Games hostship bid group from Taipei, Taiwan ( February 27, 2003 ), and

c) reception party organized by the 2005 Deaflympic Summer Games Organizing Committee from Melbourne, Australia ( February 28, 2003 ).

51. Plaintiff was also prohibited from observing a special  event in which the award trophies were presented to the winners of the 2001 and 2002 Deaf World SportsMan and SportsWoman of the Year.

52. This was done in spite of the fact that plaintiff himself was the one who, back, in 1996,  conceived the idea of organizing the now-popular  annual and international selections of the Deaf World SportsMan and SportsWoman of the Year Awards project.

53. Moreover, plaintiff was not allowed to be seated in the section of his choice of the Gardenhallen stadium where the ice hockey matches were held between teams of USA and Germany, Russia and Canada on March 1, 2003.

54. After the end of the Opening Ceremonies of the XVth Deaflympic Winter Games held at
Nordichallen stadium in Sundsvall on March 1, 2003, plaintiff had  two separate meetings with Mr. Nikolai Klimov.

55. Mr. Klimov is the current President of the Russian Deaflympic Committee.

56. During his meeting with Mr. Klimov, plaintiff demonstrated a copy of the Letter-Appeal  titled RUSSIAN COMMITTEE OF  DEAF SPORT FULLY SUPPORTS  CISS BOARD IN PINCHAS CASE ( "Letter-Appeal" ), which was allegedly signed by Mr. Klimov and Mr. Vladimir Galchenko and posted on the www.ciss.org  website ( www.ciss.org/enews/rusjune02.html ) since the middle of June, 2002.

57. True and correct copy of printout of such a Letter-Appeal is attached as Exhibit A.

58. Mr. Klimov denied his role with preparing and signing such a Letter-Appeal.

59. Instead, Mr. Klimov told that:

a) "it was Ammons' idea to write such a Letter-Appeal when I ( Mr. Klimov ) visited her on May 20, 2002, in Washington, D.C., and

b) " I ( Mr. Klimov ) would ask Ammons as to why she ( Ammons )  as the person in charge of the CISS e-News Magazine published such a  Letter-Appeal in the CISS e-News Magazine website, without  my     ( Mr. Klimov's )  prior knowledge, permission and consent."

60. The contents of the Letter-Appeal are libelous, false and defamatory ones.

61. Russian Committee of Deaf Sport is a non-existent organization.

62. Mr. Vladimir Galchenko also informed that "he was never aware of the Letter-Appeal he ever signed  in English, which was  posted on the CISS e-News Magazine website." Mr. Galchenko sent   "a friendly, good wishes" letter  in Russian to plaintiff.

63. The Letter-Appeal with its libelous, false and defamatory  contents against plaintiff has continuosly been published over the internet twenty-four hours a day, seven days a week and is continuing unabated to this day.

64. Upon information and belief, Ammons and Jordan have utilized and continue to utilize such a Letter-Appeal as "an anti-Pinkhasov Pinchas scheme and well-designed  propaganda ploy"  to others, which , among the other things,

a) "paints" plaintiff in a very negative and anti-CISS manner,

b) shows  the world that it is plaintiff who is  "the enemy of the CISS and who wants to destroy the CISS and Deaflympic Games competitions,"

c) misleads the world that "the organization of the CISS is also being sued by plaintiff,"

d) demonstrates "sympathy, pity and support" for Ammons. Jordan  and Mr. John Lovett among all the CISS Nation Members against plaintiff in their another Civil Action Number WMN 01-2758 matter before this Court, and

e) tries to ostracize plaintiff  as "a bad deaf guy" from the deaf world community in general.

65. On March 1, 2003, plaintiff also attended a private meeting with Mr. Klimov and his two confidants, Mr. G. and Mr. A.,  at the Scandic City hotel lobby premises in Sundsvall.

66. Mr. Klimov, Mr. G. and Mr. A. represented themselves as "supporters, admirers and friends of Ammons,  Jordan and Mr. John Lovett."

67. Mr. Klimov, Mr. G. and Mr. A. at  that private meeting  made, among the other things, threats on plaintiff's life.

68. One of these men  - Mr. Klimov, a day earlier, i.e.,  on February 28, 2003, at a reception party hosted by the 2005 Melbourne, Australia Deaflympic Summer Games Organizing Committee at the Scandic City hotel premises, was publicly seen to individually  exchange the wine/champange drink toasts with Jordan.

69. Because of the above threats and because of continued unhealthy, hostile and "anti-Pinkhasov Pinchas" atmosphere created by Ammons and Jordan in Sundsvall, plaintiff  made a swift decision: to cut  his visit  short in Sundsvall, including his planned vacation there, and return home on March 2, 2003.

70. Plaintiff repeats and realleges all of the allegations contained in Paragraph 1 through 69.
inclusive, as if set forth at length herein.

71. Plaintiff suffered aggravation, distress, humiliation, bad image and negative reputation caused by Ammons' and Jordan's aforementioned acts.

72. As a direct and proximate result of Ammons' and Jordan's various acts  against plaintiff, plaintiff has suffered actual and consequential damages, including but not limited to damages to its reputation, the amount of such damages are currently unknown but will be proven at trial.

73. Ammons' and Jordan's acts of defamation of character. discrimination, conspiracy, rule violations and human rghts violations against plaintiff were intentional and were committed willfully and maliciously.

74. As a resut, in addition, to its actual damages, plaintiff is entitled to exemplary damages in an amount as a jury may find necessary to punish Ammons and Jordan for their malicious and wrongful conduct and to deter Ammons and Jordan and others similarly situated, from engaging in such wrongful conduct in the future.

WHEREFORE, plaintiff  prays for judgment against Ammons and Jordan  as follows:

A. For compensatory and consequential damages in an amount to be proved at trial but which amount exceeds this Court's jurisdictional minimum.

B. For exemplary and punitive damages in an amount sufficient to make an example of  defendants Ammons and Jordan and to deter them and others similarly situated from engaging in similar wrongful conduct in the future.

C. For reasonable costs incurred in this action.

D. For such other  and further relief as the Court may deem just and proper.

DEMAND FOR TRIAL BY JURY

Plaintiff hereby demands a trial by jury on all issues triable by jury.

Dated: Queens, New York
            March 24, 2003
Respectfully Submitted,

___________________________
Rafael I. Pinkhasov Pinchas
Plaintiff and Pro Se