II. Wishnatsky's (Plaintiff's) Affidavits | Jonathan Zittrain | August 14, 2011

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II. Wishnatsky's (Plaintiff's) Affidavits

COUNTY OF CASS

EAST CENTRAL JUDICIAL DISTRICT



AFFIDAVIT OF MARTIN WISHNATSKY



Civil No. 96-2297

Martin Wishnatsky,
Plaintiff,

vs.

David W. Huey,
Defendant.

Martin Wishnatsky, being duly sworn, deposes and says:

1. I am a born-again Christian and cultivate holiness in my life, as a result I am very sensitive to evil spirits and am greatly disturbed by the demonic. However, in Christ there is victory.

2. On January 9, 1996, Mr. David Huey of the North Dakota Attorney General's office, visited the ministry where I was working at 16 Broadway in Fargo, North Dakota with an ex parte court order.

3. The following morning I entered the office of Peter Crary, an attorney for whom I do paralegal work, to give him certain papers that had been requested. Mr. Crary was speaking with Mr. David Huey at the time. As I began to enter the office Mr. Huey threw his body weight against the door and forced me out into the hall. I had not said a word to him. At the same time, he snarled: "You get out of here." This was very shocking and frightening to me. In all the time I have been working as an aide to Mr. Crary, I have never been physically assaulted or spoken to in a harsh and brutal manner. My blood pressure began to rise, my heartbeat accelerated and I felt waves of fear in the pit of my stomach. My hands began to shake and my body to tremble. Composing myself, I reentered the office, whereupon Mr. Huey began a half-demented tirade against me and stormed out into the hall. I looked at Mr. Crary in wonder.

4. After this experience it took me a considerable amount of time to settle down and get into my work routine. I was emotionally upset and frightened by the abusive and assaultive behavior of the state's representative. I considered calling the police and filing for assault but let the matter pass. I have been fearful of Mr. Huey ever since.

5. On the afternoon of January 25, 1995 at approximately 4:15 p.m., I was standing with Darold Larson in the vestibule of the Perry Center, a Christian maternity home in Fargo, when Mr. Huey entered and began to upbraid Mr. Larson in a very threatening and terrorizing manner. He snarled at Mr. Larson as he had acted with me in Mr. Crary's office. Shaking his finger and lunging at Mr. Larson, he scolded him: "I will not be trifled with." He glared at Mr. Larson and adopted a menacing tone and body posture as he delivered message.

6. After being present at Mr. Huey's dressing down of Mr. Larson, I began to shake and felt the same waves of fear go through me as before when he had assaulted me. It took me fully four hours until I could calm down to normal after being in the presence of this wild aggressive man. I found myself unable to resume my normal composure because my heart was racing and I could not shake my fear, nervousness and anxiety from this attack that I had witnessed with immediacy. I was like the onlooker at a personal tragedy who is traumatized by witnessing it. I was shaking and fearful and unable to calm down—much worse than when I experienced his attack in Mr. Crary's office.

7. At this point I realized I had a serious problem with an emotionally disturbed person who could fly off the handle into a tirade at any moment including menacing gestures and words and actual physical assault.

8. My symptoms after his attack on Mr. Larson were so severe that I called an anxiety counselor and made an appointment for treatment.


******************************************************

COUNTY OF CASS

EAST CENTRAL JUDICIAL DISTRICT

AFFIDAVIT OF MARTIN WISHNATSKY



Civil No. 96-2297

Martin Wishnatsky,
Plaintiff,

vs.

David W. Huey,
Defendant.



Martin Wishnatsky, being duly sworn, deposes and says:

1. I am the plaintiff in this matter.

2. Attached to this affidavit are true and correct copies of a letter from Martin Wishnatsky to Andrew Moraghan dated May 13, 1997 and a letter from Andrew Moraghan to Martin Wishnatsky dated May 23, 1997.

3. My purpose in writing to Mr. Moraghan, who is counsel for the defendant, was to resolve a discovery dispute without imposing upon the time of the court.
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June 03, 2014

assault battery torts

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Jonathan Zittrain

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