Dan Daily vs. The city of SF
l3wis Public Comment – City Council Meeting – December 19, 2011 (transcript)
I’d like to remind you I have 5 minutes presentation for this unconstitutional illegal public assembly. Please don’t interrupt. What I have to say here is the truth and nothing but the truth.
My name is Daniel R. Daily. I’m a disabled combat veteran and a citizen of Sioux Falls.
I sued the city and won in Circuit and State Supreme Court.
Initially, the matter was a concrete pad that (per city ordinances) is legal without a permit. After 4 city hearings, I constitutionally challenged city civil procedures in court. The city process was abhorrent. I received 4 repeat citations (quadruple jeopardy). They were not presented in person (improper service). I’d not seen them when the city code enforcer bouncer knocked and blocked my front door at 8AM on a Saturday morning. There was one hearing I arrived for that was last minute city hall cancelled. I attended one hearing with 5 directors the city said never happened but I proved did. One 8 hour hearing was recorded. The city attorney stated he had no recording but was heard on the presented tape asking to change his tape for his recording. I was not allowed to present evidence and forced to testify against myself (unconstitutional). The city process violates all state civil procedures and 2 amendments to the US constitution.
There were 4 Circuit Court dates. At one, the city showed up without subpoenaed witnesses arguing they were not served at the city PO box. Prior witnesses appeared when they were served at 224 W. Ninth. The judge awarded me $1300 the city has never paid. There was no representation at one hearing because the assistant city attorney was ill. When called at his city office, he answered. The city presented a form I’d signed. However, there was a fabricated 2nd page with architectural lettering I’d not seen and didn’t sign or initial. This, the only city evidence was inadmissible. The city cited one 1800’s Minnesota case while I cited 30 South Dakota cases.
The city lost in Circuit Court and appealed to State Supreme Court. They left out the concrete question and the matter became entirely constitutional. The city cited 6 cases while I cited 70. I’d like to thank 3 law firms and the school of law for their pro bono participation. My attorney fees had reached $50K and these patriots recognized I needed help. Yes, I won in State Supreme Court. Everything the lower court ruled. Justices scolded the private attorney. City tax dollars are wasted fighting against your constitutional rights with expensive private attorneys.
There’s federal law that protects me from local government malicious litigation. The city, as defendant, has no complete record for this matter. They’ll have to use mine. Constitutional law requires they keep a thorough file. The federal case warrants a jury trial with damages (actual, punitive). The city tortured me 8 years. I lost my house and my spouse of 27 years. The Veterans Administration treats me psychologically. My issues are PTSD and Agent Orange. I’m seeking financial reimbursement and 6 figures I can devote to a mayoral candidate who will repeal home rule. If you don’t know who she is, you’ll find out. See you in court. No questions.
