UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TEXAS

SAN ANTONIO DIVISION

RHETT SMITH, a Texas resident,

   Plaintiff

  Vs.                                                                                                                           Civil Action

                                                                                                                         Jury Trial Demand

 AL  ORTIZ, self-identified as a Federal 

 Law Enforcement officer--F.B.I. (Federal

Bureau of Investigation), Retired

      Defendant

HENRY BONILLA, incumbent U.S. Rep.,

 23^rd Congressional Dist. of Texas,

             Defendant

RADIO, TELEVISION, and Internet Service

 Providers (to be added as discovered):

KTSA,AM550

KSAT,Channel 12

KENS,Channel 5

WOAI, Channel 4

      Defendants

COMPLAINT

1. RHETT SMITH, 6900 North VANDIVER, apt. H206, San Antonio, TX  78209

 2.  AL  ORTIZ,

HENRY BONILLA,

KTSA,AM550,radio

KSAT, Channel 12

KENS, Channel 5

WOAI, Channel 4

3.   (Jurisdiction Plea)

4. Founding principles of United States, Constitution and all Amendments thereto, “due process”  “equal protection”, all laws…United States Code ---Civil Rights Ch. 42, Sections 1981-85, under “color of law”

5.    Plaintiff and the voters, citizens, taxpayers, and political candidates of Texas are suffering a horrific violation of (our) civil rights. 

     While listening to a radio (broadcast in S. Texas on KTSA AM550) Tue. Dec.5, a “voice” that identifies himself as someone associated with U.S. law ¹enforcement [i.e. invoking “State” authority----in civil rights legalese –- a "State” actor] says (testifies)² that former Congressman Ciro Rodriguez received a campaign contribution and benefit from someone ³who was (later came to be) identified as a “terrorist”.

       Upon hearing this, I was shocked and quickly concluded that former Congressman CR , whom I respected, should now be (or perhaps was being) immediately  brought up (subjected) to scrutiny and investigation.  And, of course, I was so very   thankful that an incumbent Congressman--Henry Bonilla, had been diligently working with Federal law enforcement to reveal to the American people Ciro Rodriguez's “terrorist“ connection⁴.   [Bonilla said he "questioned," i.e. (did not trust) Ciro’s judgment]

    In summary, I (Plaintiff) could be led to believe that the above “State” actor and the incumbent U.S. official (candidate Henry Bonilla) were serving (me) the public (voters, citizens, taxpayers, and any and all other candidates).

    As an American citizen, am I entitled to believe that the above described “voice” of a “State” actor (self-identified as such) in an official [FCC Fed. Communication Commission regulated] broadcast (during the broadcast Congressman H. Bonilla said, “I approve this message”) has provided testimony that is “sworn” to “tell the truth, the whole truth, and nothing but the truth so help (you) (Al  Ortiz) God”??

     As I have provided the foregoing information  and facts,       . . . my (Plaintiff)  COMPLAINT  must now reveal to the Court (and the Court, in turn, reveal to the people of Texas) that Defendant, Albert Ortiz, [ by his own testimony--a "State" actor]   did fail to reveal to the listeners (of the radio broadcast) that, in fact, the political party of fellow Defendant, Henry Bonilla, had received a substantially greater campaign contribution and benefit from the above stated "terrorist" and further, in fact, that during the time period stated (in the radio broadcast), Defendant Ortiz knows or should have known that such campaign contribution and alleged benefit to Ciro Rodriguez  was condoned and approved (cleared) by Federal authorities.

    If Defendant, Albert Ortiz, (a "State" actor) was acting in his right mind during "the broadcast", he was premeditatedly misstating "the truth, the whole truth, and nothing but the truth, so help (you) (Ortiz) God" to the radio audience.

     Plaintiff alleges blatant, malicious intent to harm (by omission) the voters, citizens, taxpayers, (and any other candidates)

    Plaintiff further alleges that Defendants acted (conspired) together by  agreement to create,  disseminate, and broadcast  a "production" that they knew or should have known misstated and omitted crucial  facts, ....so as to 'maliciously' harm and endanger the civil rights⁵ of American voters, American citizens, American taxpayers,  and any other candidates.

 Point of law:    an actor (Defendant Ortiz) who is clearly invoking "State" authority--Federal Bureau of Investigation-- does not magically transform into a "political candidate"; and cannot be both a "servant" to the Federal judicial branch of government and, at the same time, be allowed to maliciously misrepresent "the truth, the whole truth, and nothing but the truth, so help (you) (Defendant Ortiz) God."

  Plaintiff prays for relief by punitive and compensatory damages to be awarded from each and all Defendant(s)...ORTIZ, BONILLA, and all broadcasters (to be discovered) and all Internet Service Providers (to be discovered) who participated in the frightening events of this COMPLAINT.

  Damages awarded will be used in part to fund the education of Americans regarding civil rights in our American political system.

  Plaintiff attaches to this COMPLAINT a Motion for a Temporary Restraining Order against each and all Defendants.

                                                                                      ____________________________

                                                                                     Rhett Smith

                                                                                     Phone: (210) 300-4750

                                                                                      6900 N. VANDIVER Rd., Apt. H206

                                                         San Antonio, TX  78209