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Jung Yun v. State

United States District Court, D. New Jersey

February 25, 2019

GLORIA SUN JUNG YUN, Plaintiff.
v.
STATE OF NEW JERSEY et al., Defendants.

          OPINION

          KEVIN MCNULTY, UNITED STATES DISTRICT JUDGE

         Pro se plaintiff Gloria Sun Jung Yun ("Ms. Yun") brings this Complaint (DE 1) against defendants the State of New Jersey, the Edison Police Department, Nicholas P. Parenty ("Officer Parenty"), four unnamed officers, Prosecutor Metha (first name unknown), former Governor of the State of New Jersey Christopher Christie, current Secretary of State for the State of New Jersey Tahesha Way (collectively, the "New Jersey Defendants"), Governor of the Commonwealth of Pennsylvania Thomas Westerman Wolf, Pennsylvania Secretary of Transportation Leslie Richards, former Secretary of the Commonwealth of Pennsylvania Robert Torres (collectively, the "Pennsylvania Government Defendants"), and former United States Secretary of State Rex Tillerson. The Complaint arises out of events related to a traffic stop and arrest in Edison, New Jersey.

         Now before this Court is the motion to dismiss brought by the Pennsylvania Government Defendants under Fed.R.Civ.P. 12(b)(2) and (6). (DE 11) Also before this Court are Ms. Yun's two motions to strike that motion to dismiss (DE 12, 16). For the reasons set forth in this Opinion, the motion is granted and the complaint is dismissed as to the Pennsylvania Government Defendants only.

         I. BACKGROUND[1]

         A. Facts

         For the purposes of this motion to dismiss, the plaintiffs' allegations are accepted as true and disputed facts are construed in favor of the plaintiffs.

         Ms. Yun, the plaintiff, admits that, at least "[according to the law," she is a citizen of Pennsylvania. (Cmplt. ¶ 64; Id. p. 3). She asserts, however, that in reality she is a sovereign citizen, [id. p. 4), and a member of the American National People's [or People of the] Creator, a "nonresident private organization." (Id. at ¶ 13b).

         Christopher Christie was the governor of the State of New Jersey unti January 2018. [Id. p. 3). Secretary Way is currently the Secretary of State for the State of New Jersey. [Id.). Defendant the Edison Police Department is located in Edison, New Jersey. [Id.). Defendant Officer Parenty is a police officer for the Edison Police Department. [Id. p. 3; Id. ¶ 3-5). The four unnamed officers presumably also work for the Edison Police Department. Prosecutor Metha is a prosecutor in Edison, New Jersey. [Id. p. 3).

         Governor Wolf is the Governor of the Commonwealth of Pennsylvania. [Id., p. 3). Secretary Richards is the Secretary of Transportation in the Commonwealth of Pennsylvania, and oversees driver's licenses for the Commonwealth. [Id.). Former Secretary Torres was previously Secretary of the Commonwealth of Pennsylvania. [Id.).

         Defendant Tillerson was previously the United States Secretary of State. [Id. p. 3).

         On September 21, 2017, Ms. Yun was travelling back to Pennsylvania from New Jersey when she lost her way on a road somewhere in or near Edison, New Jersey. (Id. ¶¶ 3-5). She was pulled over by Officer Parenty. [Id. SISI 6-12). During the stop. Officer Parenty requested Ms. Yuri's driver's license and registration. (Id. at ¶ 10). However, Ms. Yun had allegedly cancelled her Pennsylvania driver's license years earlier and was, therefore, driving without a valid license. (Id. St 57). Instead of a government-issued driver's license, Ms. Yun gave Officer Parenty her private identification from the American National People's Creator, and explained to the officer her beliefs on her rights as a sovereign citizen. [Id. at ¶ 10). She further pointed out that her vehicle had a car plate issued by the American National People's Creator that gave her the right to travel freely. (Id.). Ms. Yun explained further that she was not required to register under car. [Id. ¶ 11). Officer Parenty informed Ms. Yun that he did not recognize Ms. Yun's car plate and identification, and asked for her birthdate, which she gave according to two calendar systems. (Id. ¶ 18).

         The events between the stop and Ms. Yun's eventual arrest are unclear. At some point, four unnamed police officers joined Officer Parenty, and allegedly harassed Ms. Yun, handcuffed her, and impounded her car. (Id. at 34-36). At some point Ms. Yun was incarcerated, and on September 22, 2017 (i.e., the morning after the traffic stop), Ms. Yun was released. (Compl. ¶ 37).

         At some point, Ms. Yun was hit by a car while crossing the street. This, she says, would never have occurred if she had still possessed her car, which (she implies) was still impounded. (Id.).

         At an undisclosed time, Ms. Yun's brother-in-law assisted her in registering her car (the state is not specified, but it seems to have been Pennsylvania. Id. ¶ 39; see Section I.B, infra.). The factual allegations of the Complaint make no specific mention of named defendants Governor Wolf, Secretary of Transport Richards, or former Secretary Torres. (Id. ¶¶ 80-93).

         B. Procedural history

         I review the procedural history that is most pertinent to the motion before me.

         On February 6, 2018, Ms. Yun filed this Complaint, which asserts fourteen counts. (Compl. ¶¶ 80-93). The following 13 claims I interpret as being claims against ...


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