Fighting Against False Imprisonment Wrongful Convictions and Racial Injustice in America's Judicial System

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"Anytime you beg another man to set you free, you will never be free. Freedom is something you have to do yourself. " Quote from Malcolm X.

GOVERNOR OF SOUTH CAROLINA, HENRY MCMASTER SHOWED THAT HE GOVERNS THE STATE OF SOUTH CAROLINA BY CONDONING AND PRACTICING CUSTOMS AND LAWS OF "SLAVERY" WHEN HE TURNED A "BLIND EYE" TO TERRON GERHARD DIZZLEY'S ILLEGAL INCARCERATION BY STATING THAT HE WAS NOT RESPONSIBLE MR. DIZZLEY'S ILLEGAL INCARCERATION, THAT THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS WAS RESPONSIBLE

On January 26, 2024, I, Terron Gerhard Dizzley filed a civil action against the South Carolina Department Corrections, Commissioner Bryan Stirling and every warden at different institutions that has held me illegally incarcerated over ten years and counting demanding one hundred million dollars in punitive and compensatory damages. I also filed along with the civil action a "Motion For Emergency Permanent Restraining Order And Injunction," against the South Carolina Department of Corrections, Commissioner Bryan Stirling, Warden William Langdon of Allendale Corrections where I was being held illegally at the time, and against Governor Henry McMaster demanding that the Court issues an order to these individuals to release me from being held illegally incarcerated.

The record proves that Governor Henry McMaster responded to my "Motion For Emergency Permanent Restraining Order And Injunction," indicating that: "assuming, of course, a plaintiff has made the requisite showings of a likelihood of success on the merits, irreparable harm, and other elements...." that the "officials at the Department of Corrections are therefore the ones with the connection to the laws that Dizzley challenge."

In other words, Governor Henry McMaster is saying that he is not refuting the fact that I am being held illegally incarcerated, nor whether my case is "successful on the merits," or whether I have suffered or is suffering "irreparable harm" or any "other elements" from being held illegally incarcerated for ten years and counting, but, my illegal incarceration has nothing to do with him, and that the officials of the South Carolina Dep't of Corrections are ones responsible for my illegal incarceration, thus, "pointing the finger" at Commissioner, Bryan Stirling. Governor McMaster's response to my illegal incarceration was erroneous, contrary to the law, a crime of "willful blindness," conspiracy to kidnapping/false imprisonment, unlawful subjection to "slavery," and a federal hate crime. This is why.

GOVERNOR MCMASTER'S CONNECTION TO MY ILLEGAL INCARCERATION

1. The statute, S.C. Code Ann. s. 24-1-30, cited by Governor McMaster in support of his response that he has no connection to my illegal incarceration, actually proves the S.C.D.C.'s connection to Governor McMaster, which states:

"There is hereby created as an administrative agency of the "State government" the Department of Corrections. The functions of the Department shall be to implement and carry out the policy of the "State" with respect to its prison system, as set forth in sec. 24-1-20, and the performance of such other duties and matters as may be "delegated" to it pursuant to law."

However, statutes 24-1-20 and 24-3-20(A), has to do with the "legal" custody of "legally convicted" prisoners, and programs designated for them. The statutes Governor McMaster's cites has nothing to do with the circumstances of my "illegal" incarceration in the State of South Carolina, of which he is the Governor and responsible for his citizens.

2. According to McDowell v. Burnett, 92 S.C. 469 (1912), "The presumption is that the Governor in the exercise of the power of his office acts with a view to the public interest, and the courts will give effect to his acts to the utmost extent that they are authorized by law."

I am a citizen of this state, and every demand made in my "Motion For Emergency Permanent Restraining Order And Injunction" in reference to Governor McMaster, pursuant to my illegal incarceration, and the circumstances thereof, is within the exercise of Governor McMaster's power of his office to act in view of "public interest," and, according to the law. "the courts will give effect to his (Governor McMaster's) acts to the utmost extent that they are authorized by law."

3. My false imprisonment, according South Carolina law is the same as kidnapping, and assault and battery. See: S.C. Code 1976 ₴ 16-3-910, “Kidnapping.” See Also, 16-3-920, “ Conspiracy to Kidnap,” which is also defined as “false imprisonment": See State v. Berntsen, 295 S.C. 51 (1988); Jones by Robinson v. Winn-Dixie Greenville, Inc., 318 S.C. 171 (1995); Gathers v. Harris Teeter Supermarket, Inc., 282 S.C. 220 (1984); See also S.C. Constitution, Art. I, ₴ 10, “Search and Seizures, Invasion of Privacy”; S.C. Constitution, Art. I, ₴ 12, “Double Jeopardy”; ₴ 3, “Privileges and Immunities."

4. My illegal incarceration is nothing more than extreme violence and acts of terrorism being committed against me by the South Carolina Dep't of Corrections for ten years and counting, of which Governor McMaster cleary admits in his response is responsible. According to the laws of South Carolina, Governor McMaster is clothed with the duty to the enforcement of the laws to prevent acts of violence against me, under S.C. Code 1976 sec. 1-3-410, Governor may act to prevent violence.

"The Governor may take such measures and do all and every act and thing which may deem necessary in order to prevent violence or threats of violence to the person or property of citizens of the State and to maintain peace tranquility and good order in the State, and in any political subdivision thereof, and in any particular area of the State designated by him."

Therefore, according to statute 1-3-410, Governor Henry McMaster does have the power to prevent these acts of violent committed against me by the South Carolina Dep't of Corrections, and the judicial system of intentionally impeding me from access to courts to obtain immediate release from my unlawful imprisonment, and also the Attorney General's Office who is also turning a "blind eye" to my unlawful imprisonment.

5. Governor McMaster's response in itself pursuant to my illegal incarceration, stating that: "assuming, of course, a plaintiff has made the requisite showings of a likelihood of success on the merits, irreparable harm, and other elements," that my illegal incarceration has nothing to do with him, is a crime of "willful blindness." Global-Tech Appliances, Inc. v. SEB S.A., 563 U.S. 754 (2011), “A willfully blind defendant is one who take deliberate actions to avoid confirming a high probability of wrongdoing who can almost be said to have actually known the critical facts.” McMurry v. Sheahan, 927 F. Supp. 1082 (1996).

6. U.S. CONST. AMEND. 13

Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Section 2.

Congress shall have the power to enforce this article by appropriate legislation.

According to the U.S. Const. Amend. 13, slavery is "only" legal for punishment for a "legal" conviction and sentence. Therefore, an illegal conviction and sentence which holds no legal nor jurisdictional authority to hold a person in prison, such as my unlawful imprisonment, is nothing more than kidnapping, and, therefore, is an unlawful subjection to slavery, of which the 13th Amend. forbids and protects me from.

7. Such unlawful subjection to slavery alone is a Hate Crime. See: U.S. v. Hatch, 722 F. 3d. 1193 (2013), "The Thirteenth Amendment prohibts slavery and involuntary servitude, while extending power to Congress to enforce its provisions. The Thirteenth Amendment is not a mere prohibition of State laws establishing or upholding slavery, but an absolute declaration that slavery or involuntary servitude shall not exist in any part of the United States. Civil Rights Cases, 109 U.S. 20 (1883). Beyond simply "nullifying all state laws which establish or uphold slavery," the Court reasoned that the Thirteenth Amendment has reflex character also establishing and decreeing universal civil and political freedom throughout the United States and it is assumed that the power vested in Congress to enforce the article by appropriate legislation, clothes Congress with power to pass all laws necessary to and proper for abolishing all badges and incidents of slavery in the United States."

U.S. v. Cannon, 750 F.3d 492 (2014), " In Jones v. Alfred H. Mayer Co., the Supreme Court adopted a broader view of the terms "badges and incidents of slavery" under the Thirteenth Amendment. 392 U.S. 409, 88 S.Ct. 2186, 20 L.Ed.2d 1189 (1968). Specifically, the Supreme Court held that the scope of Congress's Thirteenth Amendment enforcement power was not limited to measures intended to end structures of slavery in a literal or a formal sense. Instead, the Supreme Court held that Congress has the authority to enact legislation necessary to abolish the "badges and incidents of slavery," as well as the power to rationally determine what those "badges and incidents" are. I'd. at 440-44, 88 S.Ct. 2186."

The record proves that I provided Governor Henry McMaster with proof that I am literally being kidnapped/falsely imprisoned for ten years and counting, which unlawfully subjects me to slavery. I also provided Governor Henry McMaster with proof that the judicial system, and individuals including lawyers, judges, and the Attorney General's Office has for the entire ten years and counting of my illegal incarceration engaged in unconstitutional and illegal practices to obstruct and impead me from obtaining my freedom to keep me kidnapped/falsely imprisoned. The clerks of court of Richland County refusal to schedule me a hearing within 24 hours of filing my emergency injunction, as required by law, under such circumstances, resulted in intentionally subjecting me to "irreparable harm," and violated my right to procedural due process and equal protection of laws under the Due Process Clause of the 14th Amendment. All of these acts are customs and practices of "badges and incidents of slavery" which perpetuate the "slave-master-relationship." See U.S. v. Hatch, 722 F. 3d 1193 (2013).

Governor McMaster's contentions are that my illegal incarceration is not his problem, and plans on doing nothing to investigate this matter, and assist in my immediate release, such response only proves that Governor McMaster is intentionally governing the State of South Carolina pursuant to practices, customs, and laws of slavery, Black Codes, and Jim Crow. It would be legally, morally, and professionally ethical for Governor McMaster to have jumped at the chance of being named as a defendant in such an injunction to remedy the henious acts of terrorism that has, and are still being committed against me, as a citizen of this State, by this State and government. Instead, Governor Henry McMaster made conscious decisions to commit an act of "treason" by turning a "blind eye" to, therefore, condoning and participating in my (his own citizens') illegal incarceration/kidnapping.