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Bad Eagle Journal

Bad Eagle Lawsuit Underway

by David Yeagley · May 5, 2010 · 18 Comments ·

To the readers and supporters of BadEagle.com, the following report is certainly deserved, but also much needed. We deeply thank all who have supported our efforts for the American Indian, and for American Patriotism. Inasmuch as we announced publicly our intent to sue our opponents (January, 14, 2009), we are obligated to make known the state of the legal affairs at this time. Our legal suit was filed November 4, 2009. Papers were served, however, in March of 2010. Responses have been made. The following is a compendium of our progress.

As filed in the District Court of Oklahoma County, the case (CJ-2009-10887) is presented as follows:

David Anthony Yeagley, Plaintiff,
v.
Cinda Hughes, Brent M Davids, Alton C Carroll Jr, University Of Nebraska, University Of Nebraska Press, Amazon.com Inc., Google Inc., Los Angeles Times, Independent Media Center, Kos Media, LLC, Defendant.

The actual pleading of the case is not online, and BadEagle.com will attempt to make it available soon. At this point, there are two companies which, to my present knowledge, we have not heard from, and they are delinquent: Indepdendent Media Center, and Kos Media. At this time, we have heard from council representing Los Angeles Times (March 25, 2010), Google (April 19, 2010), and Amazon.com (April 28, 2010). Interestingly, Los Angeles Times and Google are using the same firm (with representatives in Oklahoma City). Amazon.com is using a regional firm in Oklahoma City.

The case is identified as “libel/slander,” though there are other torts noted in the pleadings. The damages are noted for civil relief “more than $10,000.” This amount is simply to place the matter above the minimum required for our purposes. We plan to seek much more, obviously.

The offense began May 6, 2005, with a simple statement on an internet forum that I was not the son of my own mother, that I was adopted, and therefore not Comanche, not Indian. In time, this thought was repeated, expanded, and multiplied to the point that it found its way into a book published by the University of Nebraska. The cadre of individuals and corporations who apparently designed and implemented this profound personal attack have simply sought established as fact that which is wholly, and utterly false.


Me and my Mongolian-looking Comanche mother, ca. 2002.
My mother passed on April 9, 2005, just less than one month
before the libel about our family was begun.

The legal suit is merely an attempt at a corrective response. In the beginning, I was of no disposition to deal with such obvious falsehood. It never occurred to me than anyone would do, or even think of doing, such a low thing as to insult me and my family in this pathetic way. I ignored it for a long time. I thought myself above such low encounters. Frankly, I disdained the idea of responding.

However, I have learned that some men do not really have the luxury of chosing their enemies. They have rather humbly to accept those opponents who appear, regardless of their quality of character. Had I done this initially, a few of the corporations may not have been named in the suit. Unfortunately, these corporations found themselves party, willing or otherwise, to the promulgation of rank libel created by small scale individuals. So, my regrets to all, even my opponents, that I did not react sooner, with more precise humility.

Amazon.com of course advertised the book in question, and made available for public reading every page of libel and suggested slander. (The University of Nebraska was notifed about their published libel April 21, 2008. The university did not respond effectively. My records are uncertain as to when Amazon.com was first notified.) However, as of April, 2010, Amazon.com has removed the University of Nebraska book (written by defendant Al Carroll) from the Amazon.com data base. Apparently nothing about or by Al Carroll is listed now. (This is the American Amazon.com, as opposed to Amazon.co.uk, or Amazon.de., the British and German sites.) Sometime during April, 2010, Carroll’s book was removed–along with several other books which had instead positive, true information about me. There were at least half a dozen books referencing me and my work in music, in politics, and in news media, and these have been removed.

We cannot speculate as to why or how these removals happened. The fact is, they happened after the papers were served to the defendants. The allegedly libelous book was removed, the book which displayed obvious intent to discredit me and my work, but also the other books which referenced me and my work in a positive way were also removed. Presently, (May 5, 2010), there are only a few items listed under “David Yeagley,” and the short list includes a new book, by Linda K. Fuller (Sexual Sports Rhetoric, 2009), which opposes my work, but does not attack me personally. This is perfectly acceptable, of course, as long as Amazon.com lists the other books which reference me in a positive way. This they have not done. Also, they have always mistakenly included under my name works that have nothing to do with me, nor even mention my name.

In any case, our legal action is underway. Time and expenses will mount, obviously. This is part of the reason we made the suit public to begin with. This is my first post on the case since the papers were filed, indeed, since January 14, 2009, when we launched the new BadEagle.com. I again wish to thank my supporters, and freely invite any who wish to support to simply click on Bad Eagle Legal Defense Fund.

Hillary Clinton has wanted “gatekeeper” controls on the internet since the late ’90′s, and is still going strong for controls even today. (Also, Bill Clinton “made his move” to control the internet in 1999, according to WND.) So far, existing laws–which are sufficient, have not really been enforced. At this point, major providers and service engines, like Google, are simply advocating new laws to protect themselves from any liability. The clincher controls will come if Barry Soetoro’s regime is allowed to continue without impugnity and impeachment.

The Bad Eagle lawsuit is very simple, and the law is quite clear as to libel. What is not so clear is who can be held responsible. I want justice, naturally. But, I know there is a difference between what I want and what is actually justice. I know what anger is. I know what revenage is. I know what passion is. But, justice? I believe it is God’s miracle. I’m not sure I would recognize it if it hit me in the face. This is the wonderful thing about court, about turning over one’s complaint to a third party. This is the difference between the civilized man and the savage. Through the mechanism of the third party, one hopes for the working of Providence. It seemed the basic, proper, and civililzed thing to do, to file suit. My name, and my entire extended family have been maligned and insulted in a most vulgar, low down manner. Who would do such a thing? I certainly feel I have been greatly wronged. But, how greatly is the Lord’s judgement.

Posted by David Yeagley · May 5, 2010 · 2:49 pm CT · ·

Tags: American Patriotism · Bad Eagle Journal · Conservatism · Liberalism · Politics




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18 responses so far ↓

  • 1 David Yeagley // May 5, 2010 at 2:55 pm   

    This new BadEagleJournal blog was of course immediately posted on the Google blog list under my name. However, notice what portion is quoted! Not the header, nor the first paragraph, but the new book that opposes me! (I have a screen shot of this, in case it changes.)

    This kind of thing give us profound doubt about the impartial “mechanisms” of Google internet operations.

  • 2 colleague graduate // May 5, 2010 at 5:28 pm   

    Sorry to hear someone tried to get people to believe that your late mom wasn’t your own mom and that you were adopted and not a real Comanche Indian. If you produce a birth certificate in court, that will prove yourself. Then the defendant will be accused of slander. You win the suit. It’s good you have a record of when they slandered you on the forum. Nobody wants to have rumors spread about them that are slanderous, libelous and defaming to their character. Nobody wants anybody to bear false witness against them, which is a sin. I have a couple of cousins who were adopted living in Atlanta and Gainesville, GA. I have two adopted second cousins living in Houston. I know all of them and have known them for a long time, having known the two in Georgia since the 50′s-60′s when we were kids in Georgia Tech families.

  • 3 geronl // May 5, 2010 at 9:05 pm   

    I certainly hope you recieve the justice you desire and deserve David.

    How come David needs a birth certificate to be David but Barry doesn’t need one to become President?

  • 4 David Yeagley // May 5, 2010 at 9:12 pm   

    CG, without getting into too many details, the plain and simple fact is that my birth certificate was posted on the Bad Eagle forums shortly after the original libel in 2005. I thought that would end the issue. It had no effect. My opponents simply denied the birth certificate, and continued their agenda.

    Almost everyone in a family knows if anyone’s adopted. This accusation of my integrity shocked everyone in my extended family. It was just unthinkable.

  • 5 David Yeagley // May 5, 2010 at 9:16 pm   

    geronl, good point. Indians have always had to “prove” our identity, from the day we were “enrolled.” I think maybe it had to do with land rights. Highly coveted, and much mistreatment of Indians to get at what was left of that reservation land.

    No one else has to prove who his is. Just the Indian. Well, a Jewish person has to prove his identity. But, generally, no one claims being Jewish. Too complicated to fake!

    Barry is apparently ashamed of his identity. Why would he pay 1.4 million plus, to hid all his records? This is the rumor, anyway.

    Indians love and cherish who we are. This Oklahoma Indian will fight to the death for it. The superficial president, the alien African, will pay to hide who he is. That’s your basic difference.

  • 6 colleague graduate // May 6, 2010 at 5:19 am   

    If they denied the birth certificate, they’re out to attack your identity. They want to prove you are illegitimate. There’s no denying a birth certificate. Besides, there is no adoption agency that will produce papers like the papers needed to adopt in Haiti the Baptist group failed to produce at the border. The only paper that will be produced in court is your birth certificate. Indians are proud of their heritage. There is an Indian on one side of some nickles. It would be insulting and defaming to be considered not a member of that group if you were a member, because that’s a famous group- original Americans. And since the rumor expanded, and then the media took the articles off, they knew they had made a mistake and they could be sued. It sounds like a hassle you’re in for that you did not ask for. Then again it should be over with quickly when your birth certificate is produced. Nobody wants their identity mistook because of someone else creating an imposter identity for you. That’s like imposting a police officer, which was done in Iraq so often, resulting in mass murders. Imposting is a very serious offense. Recently I saw a show on the History channel about Nazis in France around D-Day. They got hold of some US uniforms and put them on and walked up to American soldiers in foxholes. They went up to them and asked them if they wanted some coffee. The Americans said “sure”, and then the Nazis opened up and mowed them down, killing all of them. The Nazis violated the Geneva Convention which prohibited soldiers from wearing uniforms of another country. They were caught, and the Americans put them in front of a firing squad, got on a knee while wearing their American helmets and uniforms, and executed them.

  • 7 David Yeagley // May 6, 2010 at 8:37 am   

    I’m not going to speculate publicly about the motives, intents, or designs of my opponents. It is clear that they have tried to create a public falsehood that I am not Indian. The public can surmise or conjecture as to their purpose in this.

    Politics is not part of my pleading. Just libel, and other torts.

    I think identity is obviously central to the case. It is in a major, volatile context, involving all sorts of issues. But, the basic tort is libel. Very simple.

  • 8 David Yeagley // May 6, 2010 at 9:19 am   

    Note that, to date, the only one of the three individuals sued to retain an attorney is Brent M. Davids. Cinda Hughes, who started the libel, has, to my knowledge, not yet retained an attorney. Hughes apparently works for the National Congress of American Indians, in D.C. Al Carroll’s response is not known to me at this time. It appears from the record that his papers were served and signed on 3-17-10.

  • 9 One Salient Oversight // May 6, 2010 at 3:55 pm   

    I’m slightly confused. Lies and libel are two different things. You can lie about someone and it does not have to be libellous.

    For example I could label you, David Yeagley, as a Manchester United supporter. Now that’s probably a lie (I assume you don’t support Man U) but it is hardly libellous since there is nothing essentially wrong with such a description.

    Similarly, I could label Rush Limbaugh as a friend of progressive politics. Such a label is of course completely false, but the label itself is not somehow a bad thing.

    So if people have said that you’re not a Comanche, not an Indian, how is that libellous? Lies maybe, but not libel surely?

  • 10 colleague graduate // May 6, 2010 at 6:13 pm   

    Re: OSO’s comment- To be an Indian must be a tremendous honor to them, and to have someone attempt to take away that perceived status they feel they have must be a fate worse than death to them. If David’s identity was misconstrued, and he was branded as an imposter Indian, perhaps other Indians might shun him, or perhaps he might try to attend an NAC service and be asked to leave before he has a chance to take peyote with the others, perhaps even with Indian children there. The NAC requires a person to be an Indian, and being asked to leave a service in progress would probably be humiliating, embarrasing and a slanderous defamation of character. Whoever tried to make David known as an Indian imposter is similar to someone who would try to put an Iraqi police uniform on an insurgent in order for the insurgent to cause mass murder. I see where David feels threatened. Since his dad was a marksman in the Army in WW II, he wants to avoid consideration as an imposter and perhaps as a somewhat of a target Iraqi insurgent. I understand from his account that, in effect, he does not want to have someone put a clown outfit and makeup on him, obscuring his fame he has earned since he was 13 playing the piano in public in OK City. He wishes to continue to build on that fame using this suit. Such a clown costume would constitute a libelous slander because it is not him. He uses no pen name, but the people who called him adopted were attempting to create a pen name for him. Me and OSO use pen names, but David chooses not to. Why try to force David to write in a certain way? That’s very defaming. He has intellectual property rights with the name he uses.

  • 11 David Yeagley // May 6, 2010 at 9:57 pm   

    OSO, there are many aspects to the case, but the point of it is, libel. Perhaps you are not familiar with the legal definition. Or, perhaps it is unclear, due to the different state rulings across the country.

    Perhaps you don’t love your mother, or you family, as much as I love mine. Perhaps you wouldn’t be offended. Perhaps it doesn’t matter to you what nationality or ethnicity you are.

    I know if you’re not American Indian (and you obviouslyl aren’t), you will simply not understand the feeling, or the offense.

    Now, if you are speaking specifically about my legal identitification of what has happened, you have actually stated an important truth: it doesn’t matter to non-Indians whether or not an Indian is an Indian, or a fake. There is no investment. If there is difficulty in the emotional tort of this case, that is it. I face a fundamental issue that is meaningless to the court. Psychologically, it has no bearing.

    As I said, however, there are many aspects to this case, several torts in the pleading. Libel is the general tort. Libel, for your information, is when one publishes a lie with intent to harm, injure, defraud, discredit, damage, etc. I’m sure you can understand that.

    To have people publish the lie that I am not the son of my own mother is simply not something that I intend to let pass unchallenged.

    But, as I have stated, the judgement is God’s.

  • 12 David Yeagley // May 6, 2010 at 10:00 pm   

    CG, you have observed many salient points. My opponents even use my own personal name, and the name of my ancestor, to attempt to get traffick they would otherwise never get at all, under any name.

    Indentity is a key issue here. It is a kind of identity theft. They are attempting to rob me of my identity, basically. Were it just me, that would be one thing. But it involves a family name, with many members. In Oklahoma, there is a law against libelling a deceased person for the purpose of discrediting or defaming or damaging a living ancestor.

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  • 14 David Yeagley // May 6, 2010 at 10:18 pm   

    If you’re Irish, and your parents or grandparents were from Ireland, just imagine someone published, in a university book, that you were lying, that you were an adopted child, and not Irish, and that your family was not Irish.

    What would motivate someone to say that about you?

    Maybe you can understand this case a little better with some kind of parallel in your own life. Say, your mother is not your mother. You are of no blood kin to the family you grew up with. Doesn’t that offend you in the slightest?

    Again, why would someone say that about you? What would be their motive? What are they trying to accomplish? Why?

    Start thinking about these things, and maybe you’ll understand this matter more.

  • 15 tallsoldier77 // May 7, 2010 at 9:37 am   

    Dr. Yeagley:

    I am very proud of you for sticking to your guns on this matter. The two cowards Al and Brent disseminate so much misinformation and flat out lies it’s crazy. They are crazy, well one’s a nut, the other is a fudge-packing “Blue Butterfly!” Al Carroll and BMD attacked my children, my place of business, my home phone, for the simply reason that I disagreed with them. Those idiots thought it was funny. Well, as they say, who’s laughing now?

    Sue the pants off those miscreants. Everyone knows they have had it coming for a long time. I salute you bro for your steadfastness, your perseverance that is befitting of your Comanche blood. Me, a Lakota embraces you as a brother, a friend, and a mentor. You have always been a strong leader that I have always admired. You simply tell it like it is and Al and Brent simply could not handle it. Their worlds are so immersed in lies and conjecture they wouldn’t know the truth if it bit them in the ass.

    I fully support you and I will being praying for your success. I know you will prevail over these tweekers. They are not men. They are leeches. They used your name so people would pay some inkling of attention to their warped little websites. Now, their day of reckoning looms on the horizon, I wish I could see their pathetic faces. I will always be there for you man. As an Indian bro and a friend. Go get those bastards!

    Pilamaya!
    John Martin
    Lakota, Sioux

  • 16 David Yeagley // May 7, 2010 at 11:01 am   

    Thank you, John Martin, Sioux keeper of the northern gates! Comanche guard the south!

    We all know, none of us is perfect, but, there’s just some things you don’t do. It ain’t right. When we feel people cross that line, we have to respond. Patiently, step by step. They say the wheels of justice turn very slowly.

    This is why I’m happy to believe in a Creator and Judge of all. I trust He will see this matter through appropriately.

    (When the Almighty does intervene, it is an awsome thing. A frightening thing, really. When we seek justice, we’re playing with fire.)

  • 17 wyoman // May 9, 2010 at 8:30 am   

    Dr. Yeagley:
    It is high time someone took action against those who attack in personal and untruthful ways anyone who holds opinions different from their own. I think it is obvious these atttacks are motivated by your conservative positions rather than your genetic ancestry. This shows the weakness of their liberal position. Please accept the best wishes of this white guy.

  • 18 Pamela K. // May 12, 2010 at 10:44 am   

    The Comanche were warriors without equal, the lords of the southern plains! I see God has blessed you with the fighting spirit of your ancestors! This is actually a spiritual battle you are fighting, David. Just remember that nothing pisses Satan off more than when he sees you rolling out of bed in the morning! So be encouraged! God is in control!

    “But no weapon that is formed against you shall prosper, and every tongue that shall rise against you in judgement you shall show to be in the wrong. This righteousness is the heritage of the Lord, the vindication which they obtain from Me.” Isaiah 54:17

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