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JAYE MOSIER
Software Engineer
* Home
* About
MOSIER V. TEXAS BARBARIANS
A True Story by Jaye Mosier
In the United States Court of Appeals for the Tenth Circuit
Mosier v. Texas Barbarians
The Defendants as officials of the State of Texas have abused their power
endowed by the Title IV-D of the Social Security Act, 88 Stat. 2351 (1975), 42
U.S.C. 651 Child Support Enforcement law. They have perpetrated this abuse under
the auspices of the most powerful law enforcement agency in the state, the
office of Attorney General. Specifically officials have violated two of their
own state laws and two Constitutional Bill of Rights, guaranteed the Plaintiff
under the U.S. Constitution.
The Plaintiff has been unjustly and unjustifiably damaged forever as a result of
this Abuse of Power Under the Color of Authority. The Plaintiff suffers from
alcoholism, extreme anxiety and depression, chronic homelessness, hunger and
poverty as well as a substantially reduced life expectancy as a result of the
Defendants ruinous and traumatizing actions and sociopathic attitudes.
Plaintiff endured an arduous feat to pay the $100,000+ child support obligation
that he legally and morally owed and dutifully paid from 1999 through 2007.
Since 2007 the defendants have placed an illegal and unbearable burden upon the
Plaintiff by redundantly collecting wrongfully reported arrearages that the
plaintiff has previously paid IN FULL as acknowledged by the state of Texas by
and through their agent, the Randall County D.A., whom acting solely on behalf
of the custodial parent failed their duty to coordinate their felony indictment
against the Plaintiff through their States federally mandated child support
enforcement division, the State Attorney General (the AG’s CSED). Nor was the
Plaintiff advised in any way either by his own hired personal Attorney or by the
prosecuting Attorneys or even the Judge as to the necessity of such
coordination.
The custodial parent disavows to the AG’s CSED her own handwritten and signed
testimony she faxed to the plaintiff’s extradition Attorney, James Love and
accepted by the Randall County D.A. as proof of payment for the aforementioned
arrearages for both a self surrender agreement as well as the ultimate is
dismissal of the Plaintiff’s felony criminal non support charge. The Defendants,
culpable case workers at the AG’s CSED have not only refused to consider the
plaintiff’s evidence but have conspired with the Tarrant and Potter County
Courts to prevent the Plaintiff from presenting this evidence in a Court of Law.
STATEMENT of PURPOSE
Plaintiff brings forth this Complaint out of a sense of duty and responsibility.
“Be it remembered that liberty at all hazards be supported, we have a right to
it derived from our maker, But if we have not, our Fathers have earned and
bought it for us at the expense of their ease, their estates, the pleasure and
their blood.” – John Adams 1765
Plaintiff seeks to place on the public record the need for and the justification
for a change in the Title IV-D of the Social Security Act, 88 Stat. 2351 (1975),
42 U.S.C. 651 Child Support Enforcement law to the effect that States acting
under the authority granted by this statute must be required to coordinate any
criminal non-support actions with that States Title IV-D child support
enforcement division.
Plaintiff seeks to place on the record a clear and meritorious Case of Abuse of
Power Under the color of Authority. In the spirit of John Adams that “men avow
their opinions and defend them with boldness.“.
Plaintiff seeks an answer to the question: Is it a violation of the U.S.
Constitution for the AG’s CSED of the State of Texas prosecute on and collect
again the same arrearages based on the same court order that have been
previously prosecuted for and collected by the Randall County D.A.?
DOUBLE JEOPARDY COMPLAINT
In late 2000 the Plaintiff was charged and indicted on felony criminal
non-support in Randall County Texas. Along with this indictment a warrant for
extradition was filed in Fairfax County Virginia. This was a heavy handed
prosecution not based primarily on arrearages that failed to meet state
guidelines for prosecution, greater than $5000 or over six months in default.
Rather it was based on a complaint filed by the Plaintiff’s ex wife and her
Mother, both dear friends and colleagues of the defendants, the Randall County
D.A.’s.
The warrant for extradition was suspiciously executed the same day the
Plaintiff’s two daughters were scheduled to fly to Virginia for the Christmas
vacation the Plaintiff had planned for them. The Plaintiff’s plans were
conveniently terminated by the Defendant, the Custodial Parent.
In October 2001 the plaintiff appeared in Randall County Court and Plead guilty
and was placed on probation for one year,
terms of which included “Must get current and remain current on child support”
In October 2002 the Plaintiff successfully completed probation and his charge
dismissed with the disposition “Restitution Paid“.
At that point in time the Judge, the D.A.’s the custodial parent were all in
agreement that the Plaintiff was current with his child support and had no
outstanding arrearages.
After successfully completing two very successful software projects on the east
Coast the plaintiff moved to Austin Texas, the “Silicon Valley of the South”.
Being between jobs the Plaintiff paid one month in advance of his $1400/month
child support obligation. The Plaintiff then sent letters to all concerned
parties advising them of his employment status, seeking patience. It was from
the AG’s CSED reply that the plaintiff discovered the wrongfully reported
arrearages.
That reply was very hostile and threatening. The Plaintiff responded by replying
and notifying the AG’s CSED of his prior prosecution and proof of payment. This
claim under Texas law (Texas Family Code – FAM § 234.0091. Administrative Review
of Child Support Payment Record) was required to be evaluated within 20 days and
responded to with either credit applied or a reason for denying the claim.
Instead it was ignored by the AG’s CSED.
Further exacerbating the Plaintiff’s worries were daily calls from the custodial
parent, reminding him of Mother’s dear friends and colleagues in both Randall
County and Potter County D.A.’s and Judiciary whom were ready to have him
arrested again and taken to jail in Amarillo.
“I was so worried and distressed that I had a crippling nervous breakdown It was
so severe it had physical effects. I could not speak normally. I would Stutter
as the words came out labored and strained, my hands shook uncontrollably and I
could barely walk. I walked as though I were trudging through thick mud. The
mental distress was so intolerable that I found only beer could dull the
suffering, My Condition was so bad that my last two job interviews were very
brief as I was no longer able to carry on a coherent conference.
It was during this breakdown that my alcoholism began. After six months and a
number of unsuccessful job interviews, My Girlfriend, Nancy, and I moved back to
Pennsylvania, Her father who had come with us to help us get started had died
while were there and we had to leave his body in a freezer in some funeral home,
The day we left was the exact same day the Potter County D.A. issued a warrant
for my arrest.”
After enduring a crippling nervous breakdown and a number of unsuccessful job
interviews the plaintiff was compelled to move back to the East Coast. Having to
move back to the East Coast where employment opportunities in the Plaintiff’s
profession of Software Development were very scarce and made even more so with
the flood of foreign nationals on H1B visas entering the job market. At that
time the Plaintiff’s Career became very precarious.
For the next year and a half the plaintiff was unsuccessful in finding a
software development job. Acting on the onerous burden of his child support
obligation, Plaintiff obtained a CNA license and began a low wage job in a
nursing home, with the goal of becoming an RN.
“From my $10/hr job the State of Texas took half my pay so I lived in rathole,
walked to work and starved. But those old folks loved me and appreciated me and
that made the job very rewarding”
Plaintiff eventually moved to Detroit Michigan to work on a software project for
Ford Motor Company. For almost three years the plaintiff paid half his income,
an amount around $2,000/month. In late 2007, Plaintiff calculated that when
properly credited for the arrearages he had been previously prosecuted for and
had paid IN FULL but was never given credit for, that he will have paid his
entire child support obligation IN FULL.
At that time the plaintiff again requested credit for those arrearages and once
again submitted his proof of payments to the defendants, the AG’s CSED. Again
the AG’s CSED failed to obey the 20 day rule and instead scheduled a “hearing to
confirm arrearages” the Plaintiff was claiming credit for. This hearing to be
presided over by a Judge in a Tarrant County Court of law Constituted a second
trial for arrearages the Plaintiff had been previously prosecuted for HENCE,
Plaintiff’s Constitutional right to Not be put twice in jeopardy for the offense
of these Same arrearages. Was denied, violated by the Defendants, the AG’s CSED.
DENIAL of DUE PROCESS COMPLAINT
In late 2007, Plaintiff flew from Detroit Michigan to Fort Worth Texas to attend
the aforementioned hearing. At that hearing just prior to entering the
courtroom, the Defendant, the Attorney representing AG’s CSED, a man, became
aware of the evidence that plaintiff was about to present and promptly canceled
the hearing. Instead transferring the case to Randall County.
“Here I began to suspect a conspiracy of unknown motivation to prevent me from
presenting my evidence to a Judge. The Attorney representing the AG’s CSED
insisted I negotiate with my ex-wife. I found this mystifying as I was a adamant
I was ready to present my evidence and upon being properly credited for all the
arrearages I had been previously prosecuted for and had PAID IN FULL and my
payment record recalculated accordingly that I would agree to pay any arrearages
still showing on the bottom line.
That man, the AG’s CSED Attorney simply stood there wringing his hands and
repeating ‘if you don’t pay your mortgage, you lose your house’. I found this
very annoying as I didn’t see any valid analogy in his statements. Then I opened
my briefcase to show him my evidence at which point he immediately looked away
and held up his hand in a stop gesture and Stated ‘I can’t see that’. He then
left the room only to return a few minutes later to announce his decision to
cancel the hearing, cancel my day in court.”
In early 2008 the Potter County AG’s CSED scheduled another hearing. At that
time the Plaintiff was living in Detroit Michigan and had just lost his job as a
result of the “Great Recession”. Plaintiff could not afford another $700 for a
second trip to Texas. So the Plaintiff attempted to exercise his right (Texas
Family Code – FAM § 159.316. Special Rules of Evidence and Procedure) to
participate remotely by telephone and FAX. Attempts to notify the court of his
intentions were rebuffed by the Potter County Court Clerk for the reason “the
court had no speaker phone”. A blatantly illegal reason and one the plaintiff
filed a complaint to the State Commission On Judicial Conduct.
On the day of the hearing the Plaintiff attempted to exercise his lawful right
to participate remotely and faxed his evidence and promptly called at the
appointed time. At that time the Plaintiff was told by the Court Clerk that a
summary judgment had already been entered against the Plaintiff since he was not
physically there.
“I believe it was in March 2008, I had just lost my job with Ford Motor Company
just shortly before I was to appear in Federal Court to argue my request for an
injunction against the AG’s CSED, I was mentally devastated by the loss of my
job and was so mentally incapacitated that I was not able to effectively argue
my case and I lost on a technicality, the Rooker Feldmen decision was cited by
the state. I was so financially beat down such that I was unable to pay for
council, hence the reason I was seeking the injunction. To get enough financial
relief to afford to hire an attorney to properly litigate my claims of prior
payment for those arrearages that I had been prosecuted for and had previously
PAID IN FULL through the Randall County D.A. but refused credit on my official
payment record maintained by the AG’S CSFD. My protracted financial burden had
made it difficult to keep a vehicle mechanically sound and legal enough to
commute to work but impossible to keep my vehicle sound enough for a 2000 mile
round trip to Texas, much less the fuel costs.
Trying to determine the most efficacious way to attend the rescheduled hearing
to confirm arrearages again in Texas I discovered the state had a law on the
books that explicitly stated that I did NOT have to be physically present and
that I had a right to participate remotely by telephone and FAX. That law
further stated that no Court could deny that right for the reason of not having
the proper equipment. In my case a $9 speaker phone readily available at any
general store . Upon discovery of this law l immediately called the Potter
County Court Clerk to notify the court of my intentions to exercise my right to
participate remotely and be advised of any protocols or prerequisites. Her
response was curt and condescending. I will never forget that conversation as it
is permanently burned in my memory. She stated ‘well Mr. Mosier, you won’t be
able to do that because the court has no speaker phone’ Totally aghast by her
response I replied that I’m going to need that in writing to which she replied
‘well Mr. Mosier, I’ll have to get the Judge to approve such a letter”. I told
her I would check back for confirmation. I believe it was the next day when I
called her back to ask about the letter stating explicitly the reason for
denying my lawful right. Her response. Was “Well Mr. Mosier, of course the Judge
would not approve such a letter” with a smirk.
Being that her reason for the denial was simply illegal and that neither she nor
the law itself offered any guidance, I simply abided by the law and on the day
of the hearing I faxed my evidence at 6 a.m. that morning and at 9:00 a.m. I
believe it was, I called the court to participate in the hearing to which Court
Clerk upon answering the phone haughtily stated ‘Oh Mr. Mosier you weren’t here
so a summary judgment has already been entered against you, the hearing is
over’. A few days later I got a copy of the judgment and a bill for $25.”
This summary judgment has resulted in the AG’s CSED issuing orders to withhold
half the Plaintiff’s earnings to any employer. They have also cashed out his
mandatory stock Savings account a condition of which was imposed during the
Plaintiff’s stay at the Salvation Army as a participant the Veterans Grant Per
Diem Homeless Program. They may place liens on his property, they may suspend
any state issued licenses. They may prevent him from getting a passport. They
may intercept any tax refund due, the plaintiff.
HENCE, Plaintiff’s constitutional right to not be deprived of life, liberty or
property by without due process has been denied, violated by the Defendants
including the AG’s CSED.
DAMAGES
Between the years. 2008 through 2011 the AG’S CSED refused to issue orders to
withhold income from any of the plaintiff’s employers. Plaintiff interpreted
this as a sign of good faith, that the AG’ CSED was Capitulating to Plaintiffs
claims and a Settlement was forthcoming.
Plaintiff implemented plans to establish his own business out of necessity as a
hedge against rampant abuses of the H1B visa in his profession of software
development. Plaintiff had pioneered a process to blend two state of the Art
media, dichroic glass and precious metal clay to design and manufacture silver
mounted dichroic glass jewelry.
At the most critical time when the plaintiff was making head way with his
fledgling business. Showing signs of success but as yet not financially
independent of the need for supplemental income the AG’s CSED abruptly began to
issue orders to withhold the plaintiff’s earnings, thereby resuming to
reluctantly collect arrearages State Officials had previously acknowledged the
Plaintiff had previously paid IN FULL.
This unjust and malicious action precipitated a tumultuous period of
instability. This chaotic period of instability has been characterized by
chronic homelessness, hunger and poverty and loss of the ability for the
Plaintiff to support himself, thereby statistically and substantively reducing
the Plaintiff’s life expectancy. Plaintiff charges that the defendants
illegal, immoral, unjust and unconstitutional actions amount to Attempted Murder
of the plaintiff.
Further these heinous actions have not only resulted in the Plaintiff’s
alcoholism, extreme traumatic anxiety and severe depression as a direct result
but also has caused protracted physical and mental distress exacerbated by the ”
gaslight” effect on his psyche due to the Defendants obstinate refusal to even
acknowledge the plaintiff’s allegations and questions. Plaintiff finds it
perplexing that the Defendants, once so relentless in their pursuit of criminal
non-support charges and warrants against the Plaintiff now fail to take any
criminal actions in light of the plaintiff’s imperious repudiation of any child
support.
No credit for arrearages that I had paid IN FULL in the course of a heavy handed
prosecution, making that prosecution little more than an expensive and cruel
joke perpetrated against me. Unnecessary hearings to confirm arrears I had
already proven to have paid IN FULL. Hearings that were ultimately denied. State
officials putting up hoops for me to jump through then pulling them away just as
I was about the leap through them. I was so frustrated I had one of the worse
nervous breakdowns I had ever had, and I have had quite a few since that first
one in Austin in 2001.”
SUMMARY
Plaintiff has great faith in the principles set forth in our constitution.
Principles that provide a vast array of checks and balances. The right to trial
by jury, the right to petition the Federal Judiciary, and Congress, a Free Press
and freedom of speech.
Indeed these checks and balances were designed to protect the People from a
rising level of government oppression. Oppression based on sociopathic paranoia
born of a Darwinian mindset. A mindset that demonstrates an unwillingness to
acknowledge injustice, inequity and diversity inherent in human nature and work
towards solutions. But rather perpetuating malevolence with a zero tolerance
attitude in the form of sanctimonious self-righteous indignation
“A memorable change must be made in the system of Education and knowledge must
become so general as to raise the lower ranks of society nearer to the higher.
The education of a nation instead of being confined to a few schools and
universities for the instruction of the few must become the national Care and
expense for the formation of the many” – – – – John Adams 1786
Plaintiff is filing this complaint in his state of residence, Oregon. Plaintiff
has NO ties to Texas and has great distrust of ANY Judiciary associated with it.
A state that preys upon its residents with unreasonable fiat based charges, fees
and fines. A state government so enamored with their 40 year old anti litter
slogan “Don’t mess with Texas” that they have lost all compassion and regard the
residents as “Cash Cows”. A state whose previous governor left offices under
felony indictment for abuse of power and whose current Attorney General is under
multiple felony indictments for fraud. A state whose leadership encourage and
Supports sedition against U.S. Supreme Court rulings.
The Point
This story starts off with a malicious prosecution by the Randall County D.A.
Done as a favor for a dear friend and colleague of the Amarillo Courts System. A
system that encompasses two counties and includes the Randall and Potter County
D.A.’s. What inspires a D.A. to perpetrate this abuse?
In this story it appears the inspiration was motivated by manipulation of a
charismatic gossip monger, an esteemed member of the Amarillo Judiciary, The ex
Mother in Law. A person who boasts about cruising into the mall parking lot, and
with sanctimonious hubris whip right into a recently vacated parking space
displacing the person who had been patiently waiting for it. A person who at a
restaurant once gasped and shrieked in horror, pointing out the morbidly obese
person at the next table. A person who believes abortion to be just another
method of birth control recommended to a young couple as a necessary duty since
they “couldn’t afford the one they already had”.
As a co-worker and colleague of Court officials the motivation appears to have
been malicious slander about her Daughters poor choice for a Husband and Father
of her Grandchildren that spewed forth from this highly skilled gossip monger .
But perhaps what most inspired and enables this abuse of power runs deeper than
cronyism.
Normally one wouldn’t expect in our great American Democracy such a high level
officials blatantly and flagrantly abusing their powers. Yet what has happened
in this story is a clear and meritorious case of abuse of power sanctioned from
the highest levels of State government.
A State Attorney General who entered office with a personal vendetta against the
mostly mythical “deadbeat dad” and pursued a policy of zero tolerance, NO
EXCUSES! If the deadbeat Dad lost his job it was a nefarious attempt to avoid
paying child support. If the dead beat dad ended up with a lower paying job it
was an obvious plan to pay as little child support as possible. There are NO
EXCEPTIONS, as any body with an order to pay child support is considered to be a
deadbeat dad.
A prime example is about the deadbeat Dad Anthony Graves, that had accrued $5420
in arrearages while he sat on death row for 18 years before being exonerated by
DNA evidence, and how his paycheck for a public speaking engagement at a major
University was intercepted and Confiscated by the state Attorney General.
Then there’s this story about Mr. Mosier who dutifully paid over $120,000 in
child support in just seven years. And after having paid off his entire
obligation is unable to afford to work today because the state Attorney General
issues orders to take half his earnings for wrongfully and illegally reported
arrearages that since 2001 has compounded to over $ l0,000 today. And as a
result has been homeless and living in poverty for the past five years. And
whose once dear friend and soulmate is dead today due large in part to his
inability to support himself, much less her too. And today has a Fiance that
desperately needs the help denied or illegally confiscated by the bullies at the
State Attorney General.
With attitudes like this, it’s no wonder that the previous Governor left office
under felony indictment for abuse of power. Or that the current governor and
previous Attorney General is today executing his personal vendetta against his
latest demographic, Immigrants.
Or even that the current Attorney General is under multiple felony indictments
for fraud. But it does appear that the previous Governor has got away with abuse
of power and the current Governor gets away with heavy handed abuse of power.
With such prevailing attitudes of tolerance it seems that the lowest levels of
law enforcement now feel empowered to abuse their authority.
So now we have a 15 year old Jordan Edwards from Balch Springs Texas, Shot Dead.
Alton Sterling, Shot Dead, Walter Scott, Shot Dead. Freddie Gray, Beat to death
while in Police custody, Stephon Clark Shot DEAD, in the BACK SEVEN TIMES. And
many other unarmed citizens murdered by local law enforcement. These aren’t just
isolated incidents of miscarriage or travesty of justice, its straight up abuse
of power under the color of law and authority sanctioned by the highest levels
of state Government.
I’m Jaye Mosier, I’m deeply disturbed and personally victimized by the moral
decay of the empowered elite. What’s happening here today is just plain wrong
and directly Contradicts what America stands for.
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Jaye
May 9, 2022
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