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Yun v. State

United States District Court, D. New Jersey

July 29, 2019

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

          OPINION

          KEVIN McNULTY, U.S.D.J.

         Pro se 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").[1] 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 Jersey.

         Now 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.

         I. BACKGROUND [2]

         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 "[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).

         Christopher 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 34)

         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. ¶¶ 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).

         At some 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.)

         Attached 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)

         Later, 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)

         Apparently, 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)

         B. The Complaint

         On 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 (1943));
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. ¶ 85);
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 ...

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