United States District Court, D. New Jersey
GLORIA SUN JUNG YUN, Plaintiff.
STATE OF NEW JERSEY et al., Defendants.
MCNULTY, UNITED STATES DISTRICT JUDGE
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.
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.
purposes of this motion to dismiss, the plaintiffs'
allegations are accepted as true and disputed facts are
construed in favor of the plaintiffs.
Yun, the plaintiff, admits that, at least "[according to
the law," she is a citizen of Pennsylvania. (Cmplt. Â¶
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).
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. Â¶ 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).
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.
Tillerson was previously the United States Secretary of
State. [Id. p. 3).
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. Â¶Â¶
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).
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).
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.
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. Â¶ 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).
review the procedural history that is most pertinent to the
motion before me.
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 ...