Formal complaint. Sept. 3, 2008.
Conspiracy, Harassment, false arrest, Multiple Civil Rights violations, violation of due process, color of law violation, vindictive prosecution, false imprisonment,malicious prosecuton.

Under federal law, the United States Postal Service has authority "to investigate postal offenses and civil matters relating to the Postal Service." 39 U.S.C. ? 404(a)(7).

This authority is primarily exercised through the Postal Inspection Service, which is charged with "enforcing laws related to the Postal Service, the mails, other postal offenses and other laws of the United States." 39 C.F.R. ? 224.3(b)(2).

The federal arrest powers of postal inspectors, however, are limited and specifically defined, including the authority to "serve warrants and subpoenas issued under the authority of the United States" Postal inspectors are not authorized under federal law to execute a warrant or make an arrest for a state law offense. See United States v. Univerzagt, 424 F.2d 396, 398 n.1 (8th Cir. 1970) ("Postal inspectors under 18 U.S.C.A. 3061 are given power to make arrests for postal offenses upon probable cause but are given no power to make arrests for state offenses by either state or federal statute.").

On August 7th, 2008 at appx. 3pm, Carrie Neighbors was notified by her attorney John Duma, that a State investigation was underway in regards to a laptop the Yellow House business had advertised for sale on Ebay had been reported stolen from the University of Kansas, and the theft was being investigated by the University Police. Specifically KU Police Detective Mike Riner.

The Yellow House owners Carrie and Guy Neighbors fully cooperated with the Detective by turning over the laptop in question, and allowing Detective Riner to copy the information from the sellers form. The Neighbors also voluntarily presented the Detective with a second sellers form from 2007 signed by the same seller.

The Next day at 10:30am University Detective Riner returned to the business because he had forgotten to leave the business owners a receipt for the seized computer. At that time the Detective requested a physical copy of the sellers forms. The business owner Guy Neighbors informed Detective Riner his attorney had not been contacted about the situation, and that he wanted to wait until Monday, so he could go through his attorney before turning over any physical paperwork or making any statements to police.

About 4:00pm that afternoon, Postal Inspector David Nitz working in conspiracy with the US Attorneys office, accompanied by KU police, and Lawrence Police officers including Jay Bialek and Mickey Rantz, served a Federal Arrest and District Search Warrant upon the business and the owners Guy and Carrie Neighbors stating Federal Obstruction of Justice Charges. (see exhibit #1).
During the execution of the search warrant the business surveillance tape was taken from the recorder and replaced with a blank tape that is not a brand the business uses. (see photo)

Postal inspectors' federal authority to enforce postal criminal laws does not authorize them to enforce state criminal laws. See Santoni v. Potter, 369 F.3d 594,599 (1st Cir. 2004) (holding that "Postal inspectors are not authorized under federal law to execute a warrant or make an arrest for a state law offense").

The USPIS and USPS-OIG derive their federal investigative authority from 18 U.S.C. fj 3061 (2000) (granting investigative and other law enforcement powers to "Postal Inspectors and other agents of the United States Postal Service designated by the Board of Governors to investigate criminal matters related to the Postal Service and the mail)
This case however did not involve the Postal service, or the Mail. In fact the owners of the business were notified through an email at the end of the auction (Aug. 7, 2008) by the victim, and informed the business he was local and there would be no shipping involved with this item, and that a local pickup would be arranged. (See exhibit #2)

During the hearing before Judge O'Hara Detective Riner testified that the owner of the Laptop in question contacted the police and he was told by the police to bid on the laptop and win it. Officer Rantz testified the police had been aware for at least 6 months that the Yellow House was using this Ebay account. Postal Inspector David Nitz testified he went to the UPS Store connected to the ebay account and verified the owners of the Yellow House had their names and personal information properly placed on the Personal mail box, and no fraudulent activity was taking place in connection with the mailing address provided in the Ebay account.

Authority of the Postal Inspector is limited to "the enforcement of laws regarding property in the custody of the Postal Service, property of the Postal Service, the use of the mails, and other postal offenses" and the enforcement of certain other federal laws determined to "have a detrimental effect upon the operations of the Postal Service." Id. 6 3061(b)(l)-(2).
Therefore Postal Inspector David E. Nitz falsely Federally arrested and imprisoned Guy and Carrie Neighbors, during the execution of a State Investigation that the Neighbors were fully cooperating with, an investigation that did not involve the Postal Service and clearly through his own investigation prior to the arrest did not constitute any fraudulent activity, and did not meet the statutes for a Federal Investigation or arrest August 8, 2008 and through that arrest had the Neighbors placed in Leavenworth Maximum Security Federal Prison Detention center until August 18, 2008.

Upon release the harassment by the Postal Inspector has continued.
Upon release from the Prison neither Guy no Carrie Neighbors personal property was returned.
The Postal Inspector David Nitz has retained custody of the personal belongings and has continuously failed to return them in a timely manner. A request was made on 8/25/08, that the personal items including a purse with Identification, keys, cell phones and medication belonging to the defendants be returned to the Attorneys office for pick-up. (see exhibit #3)

Failure to return these items has further violated the rights of due process, deprivation of property and constitutes harassment. The United States Declaration of Independence inalienable rights afforded to every American to Life, Liberty, and The Pursuit of Happiness, which include but are not limited to:
The Right to acquire, possess, and protect personal and real property;
The Right to be secure from intrusion; and
The Right to privacy