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COPY OF ANTI LITEM NOTICE SENT TO GA AND STEPHENS COUNTY COMMISSIONES OFFICE.
PLAINTIFF:
AUSTIN WAYNE BYRD
DEFENDANT:
STATE OF GEORGIA
RE: ANTE LITEM NOTICE PURSUANT TO GA CODE § 36-11-1
THE STATE OF GEORGIA AND THE COUNTY OF STEPHENS COUNTY IN THE STATE OF GEORGIA HAS VIOLATED ONE OR MORE CONSTITUTIONAL RIGHTS AND INTERNATIONAL AGREEMENTS AGAINST PLAINTIFF, AUSTIN WAYNE BYRD, UNDER COLOR OF LAW. THE CONSTITUTIONAL RIGHTS THAT WERE VIOLATED ARE, BUT NOT LIMITED TO, THE 1ST, 4TH, 5TH, 7TH, 8TH, 9TH, AND 14TH AMENDMENT. THE AMERICANS WITH DISABILITIES ACT OF 1990, REHABILITATION ACT OF 1973, AND THE UNITED NATIONS AGREEMENT ON THE CONVENTIONS ON THE RIGHTS OF THE CHILD 1989 WERE ALSO VIOLATED. ON DECEMBER 21, 2011 STEPHENS COUNTY JUDGE RUSSEL SMITH IMPOSED AN UNCONSTITUTIONAL SENTENCE ON A CHILD UNDER GEORGIA
CODE § 15-11-2. THE BANISHMENT IMPOSED IN STEPHENS COUNTY COURT FILE #: 11 CR 176 AS A CHILD, THAT IS STILL IN EFFECT, CAUSED ME SEVERE EMOTIONAL DISTRESS INVOLVING DEPRESSION, ANXIETY, PHOBIA, AND GRIEF ON AND AFTER NOVEMBER 4, 2022 INVOLVING MY GRANDMOTHER SARA JO GLOVAN WHO PASSED AWAY. SHORTLY AFTER MY GRANDMOTHER PASSED
AWAY, I BEGAN GOING THROUGH A STAGE OF HOPELESSNESS AND LOW SELF WORTH. I COULD NOT CARE FOR MYSELF. I DID NOT EAT AND BEGAN UNHEALTHY HABITS. I BECAME SICK WITH CONFIRMED PNEUMONIA DUE TO THESE EVENTS. I DID NOT WANT TO LIVE. THE BANISHMENT IMPOSED DID NOT ALLOW ME THE RIGHT TO ASSOCIATE WITH MY GRANDMOTHER BEFORE SHE
PASSED AND DID NOT LET ME ASSEMBLE AT THE FUNERAL WITH MY FAMILY. THE LAST TIME I SEEN MY GRANDMOTHER WAS AUGUST OF 2011 DUE TO THIS CRUEL AND UNUSUAL PUNISHMENT. I WILL NEVER BE ABLE TO FORGET THIS. I HAVE THOUGHT MANY TIMES ABOUT CHECKING INTO A MENTAL FACILITY BUT DUE TO MY MOTHERS AGE AND HER BEING A WIDOW I REFUSE TO GO BECAUSE I AM SCARED IT WILL BE THE LAST TIME I SEE HER ALSO. THIS HAS CAUSED ME PAIN AND SUFFERING. IT WAS LIKE THE STATE BURRIED MY GRANDMOTHER ALIVE AND I HAD TO WATCH FROM A DISTANCE. THAT WAS AND IS PSYCHOLOGICAL TRAUMA. I WAS ALIENATED FROM MY FAMILY THAT I HAVE A CONSTITUTIONAL RIGHT TO BE WITH. THE EMOTIONAL DAMAGE THAT HAS BEEN CAUSED IS BEYOND REPAIR. DATE OF INJURY WAS NOVEMBER 4 2022. THIS ANTE LITEM NOTICE ADHERES TO O.C.G.A. § 50-21-26. I AM SEEKING RELIEF FROM THE STATE OF GEORGIA. PLAINTIFF ASKS THE STATE OF GEORGIA TO REPLY WITH A SETTLEMENT OFFER OR A RESPONSE TO THE CLAIM WITHIN
THE TIME PERIOD STATED BY GEORGIA CODE. I VOICED MY CONCERNS AND PETITIONED FOR MY CONSTITUTIONAL RIGHTS REGARDING THE LEGALITY OF THE BANISHMENT BEGINNING JUNE OF 2022 WITH PETITION BEING FOUND ONLINE AT CHANGE.ORG.
PETITION LINK:
RELIEF:
PLAINTIFF IS ASKING THAT THE STATE PROVIDE THE FOLLOWING RELIEF FOR HIS INJURIES IN NOVEMBER 2022:
1. (LEAVING THE # ASKED FOR OUT) IN MONETARY DAMAGES FOR THE SEVERE EMOTIONAL DISTRESS, PHYSICAL INJURIES OF PNEUMONIA AS A RESULT OF THE LOSS AND HOPE FOR SEEING MY GRANDMOTHER, PAIN AND SUFFERING, AND NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS THAT BEING BANISHED HAS CAUSED ME. NUMEROUS REQUEST TO MR. KEMP
AND OTHER AGENCIES THAT ARE WELL DOCUMENTED COULD HAVE CORRECTED THIS INJUSTICE BEFORE THE INJURY TOOK PLACE. PLAINTIFF TRIED IN EVERY WAY TO HAVE THE POSSIBILITY OF SEEING PATERNAL GRANDMOTHER SARA JO GLOVAN BEFORE SHE PASSED AWAY. NOT ONLY DID THIS ROB HER LIFE FROM ME, BUT MY LIFE FROM HER. I LOVED THAT WOMAN WITH ALL MY HEART. I WILL NEVER BE ABLE TO FORGET THIS. SHE DID NOT WANT THE BANISHMENT IN EFFECT.
2. ALL CHARGES RELATED TO CRIMINAL COURT CASE FILE NUMBER 2011 CR 176 IN STEPHENS COUNTY, GEORGIA PARDONED, SEALED, OR EXPUNGED.
3. DOUGHERTY COUNTY, GEORGIA CHARGE THAT PLAINTIFF WAS ARRESTED ON 01/31/2012 PARDONED, SEAL, OR EXPUNGED DUE TO THE NEGLIGENCE THAT CAUSED THE CHARGE TO OCCUR.
4. GEORGIA'S LAWS REVISED TO OUTLAW THE COURT'S USE OF BANISHMENT AS A FORM OF PUNISHMENT ON A UNITED STATES CITIZEN ON LAND INSIDE OF THE UNITED STATES. THIS IS DISCRIMINATION AND INTERFERES WITH A U.S. CITIZENS CONSTITUTIONAL RIGHTS. NO LAW IS SUPPOSED TO BE MADE THAT INTERFERES WITH A UNITED STATES CITIZENS CONSTITUTIONAL RIGHTS.
5. GEORGIA CODE UPDATED TO ALLOW ANY CHILD UNDER THE AGE OF 21 TO RETURN TO THEIR LEGAL GUARDIANS AND/OR TO THE STATE OF HOME RESIDENCY TO PROVIDE A SAFE AND FAMILIAR ENVIRONMENT FOR THE YOUTH TO FOCUS ON IMPROVEMENT REGARDLESS OF SUPERVISION STATUS. THIS INTERFERES WITH A PARENT'S RIGHTS TO HAVE DECISIONS IN THEIR CHILD'S UPBRINGING AND SCHOOLING.
6. ANY CHILD UNDER 21 YEARS OF AGE PLACED UNDER THE STATES SUPERVISION THAT HAS NO LEGAL GUARDIAN OR SUPPORT IS TO BE SENT TO THE NEAREST DEPARTMENT OF FAMILY AND CHILDREN SERVICES OFFICE TO RECEIVE ADEQUATE HOUSING, FOOD, AND EDUCATION UNTIL THE AGE OF 21 OR UNTIL PROPER GUARDIANSHIP ARRANGEMENTS ARE MADE.
7. THE AGE OF A JUVENILE IN GEORGIA TO BE RAISED TO 21 YEARS OLD FOR SENTENCING AND RECORD SEALING PURPOSES.