United States District Court, D. New Jersey
plaintiff Gloria Sun Jung Yun ("Ms. Yun") brings
this Complaint ("Cplt", DE 1) and against
defendants the State of New Jersey, former Governor of the
State of New Jersey Christopher Christie, and current
Secretary of State for the State of New Jersey Tahesha Way
(collectively, the "New Jersey
Defendants"). Also named are Edison Municipal Court
Judge Gary M. Price, Prosecutor Craig Metha, Edison Police
Department, Nicholas P. Parenty, and four unnamed officers,
(the "Edison Defendants") The Complaint arises out
of events related to a traffic stop and arrest in Edison, New
before this Court are motions to dismiss brought by the New
Jersey Defendants (DE 43) and the Edison Defendants (DE 26)
for lack of jurisdiction under Fed.R.Civ.P. 12(b)(1), and for
failure to state a claim under Fed.R.Civ.P. 12(b)(6). For the
reasons set forth in this Opinion, the motions to dismiss of
the New Jersey and Edison defendants are granted.
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 "[a]ccording
to the law," she is a citizen of Pennsylvania. (Cplt.
¶ 64; Id. p. 3). She asserts, however, that in
reality she is 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 until
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
Parenty is an officer of the Edison Police Department.
(Id. p. 3; Id. ¶ 3-5). The four
unnamed officers presumably also work for the Edison Police
Department. DefendantCraig Metha is a prosecutor in Edison.
(Id. p. 3). On motion, I permitted Ms. Yun to add as
a defendant Edison Municipal Court Judge Gary M. Price. (DE
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. ¶¶ 6-12). During the stop, Officer
Parenty requested Ms. Yun'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. ¶ 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 as to 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 her 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).
point, four unnamed police officers joined Officer Parenty.
They allegedly harassed Ms. Yun, handcuffed her, and
impounded her car. (Id. at 34-36). At some point Ms.
Yun was taken into custody, and on September 22, 2017 (i.e.,
the morning after the traffic stop), Ms. Yun was released.
(Compl. ¶ 37). (Elsewhere, she states that she was held
for 2 hours. (Notice, De 1-1 at 23.)
to the Notice is a police report of the traffic stop.
(Notice, DE 1-1 at 10). Also attached are fairly illegible
copies of a nine traffic tickets. (Notice, DE 1-1 at 11-13)
on September 22, 2017, 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. (Compl. ¶ 37)
there was a court hearing of some kind, before Municipal
Court Judge Price. Cplt. ¶ 9. There, Ms. Yun claimed
that she was "not bound to any other law but God's
law." (DE 33 p. 1) She objects that Judge Price had no
jurisdiction to issue a warrant for failure to appear,
because she has a constitutional right to travel, and because
under the Thirteenth Amendment she cannot be "forced ...
to be the U.S. Citizen." (DE 2-3)
February 6, 2018, Ms. Yun filed this Complaint, which asserts
fourteen counts. (Compl. ¶¶ 80-93). Thirteen of
them seem to be claims against the New Jersey or Edison
Defendants under 42 U.S.C. § 1983:
Count 1. Violation of the Fourth Amendment for falsely
arresting Ms. Yun (Compl. ¶ 80);
Count 2. Violation of Ms. Yun's alleged right to travel
by "refusing to dismiss" the traffic case against
her, presumably related to her arrest, with the aim of
gaining commercial profits, (see Compl. ¶ 82) (citing
Murdoch v. Com. of Pennsylvania, 319 U.S. 105
Count 3. Violation of Ms. Yun's Fifth Amendment
protection from self-incrimination, (id. ¶ 83);
Count 4. Violation of Ms. Yun's Sixth Amendment right to
a trial by the jury of her peers, (id. ¶ 84);
Count 5. Violation of the Fifth Amendment by taking Ms.
Yun's private property, namely her fingerprint, (id.
Count 6. Violation of the Fifth Amendment by taking Ms.
Yun's private property, namely taking a photograph of her
face for purposes of a mugshot, (id. ¶ 86);
Count 7. Violation of the 14th Amendment for unlawfully
imprisoning Ms. Yun in the Edison County jail for two ...