The Reverend Canon William Clay Parnell Canon to the Ordinary bparnell@diomass.org March 30, 2021 Mr. Eric Bonetti Via email: Ericbonetti@protonmail.com Dear Mr. Bonetti, I serve as the case manager for clergy disciplinary matters in the Diocese of Massachusetts. On March 18, 2021, you contacted Ms. Starr Anderson, one of our intake officers, with a complaint alleging misconduct by the Reverend Robert H. Malm. Previous complaints filed by you in the Diocese of Virginia are not within the purview of the Diocese of Massachusetts. Claims that you are making before the courts will be adjudicated by those courts. We have conducted a preliminary investigation of this complaint. The intake officer and the bishop diocesan, the Right Reverend Alan M. Gates, have determined that the information presented would not support a conclusion of a violation of the Canons of The Episcopal Church governing accountability and standards of conduct for members of the clergy and is, therefore, dismissed. This letter shall serve as the notice of dismissal as required in Canon IV.6.5. You may appeal the decision to dismiss the complaint within thirty days of the date of this notice. If you wish to do so, please write to me at the email provided above not later than Thursday, April 29, 2021. If you appeal the decision to dismiss the matter, the president of the Disciplinary Board will review the complaint and will either affirm the dismissal or refer the matter for further action. Faithfully yours,
(The Rev. Canon) William C. Parnell
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA ERIC J. BONETTI, Plaintiff, CIVIL Case No.: 1:21-cv-00190-CMH-JFA
vs. EPISCOPAL DIOCESE OF VIRGINIA, et al. Defendant
MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS PURSUANT TO FED.R.CIV.P.12(b)(6) (Robert H. Malm, Grace Episcopal Church, and Episcopal Diocese of Virginia)
COMES NOW Plaintiff, Eric J. Bonetti, and files this memorandum in opposition to defendant’s motion to dismiss. 1. It is well-settled that private actors are within the purview of 42 U.S.C. § 1983 when their actions that violate the civil rights of the complainant are done in collaboration with government officials acting under color of law. United States v. Price, 383 U.S. 787 (1966) 2. In the instant case, defendants have, through fraud, deception, perjury and other improper conduct, including fraudulent concealment of evidence, filing false police reports, engaging in fraud upon the courts, and acting in collusion and conjunction with the City of Alexandria police department and judicial system, attempted to violate Plaintiff’s constitutional rights. 3. Myriad examples exist in which Defendants Malm and Grace Episcopal Church have stated their intent, in writing, to prevent Plaintiff from exercising his rights to criticize their conduct. 4. Plaintiff believes and avers that Defendants have conspired under 18 U.S.C. § 371 to violate 18 U.S.C. § 242, which makes it a misdemeanor willfully and under color of law to subject any person to the deprivation of any rights secured or protected by the Constitution. 5. Plaintiff believes and avers that Defendants have engaged in substantive violations of 18 U.S.C. § 242, which makes it a misdemeanor willfully and under color of law to subject any person to the deprivation of any rights secured or protected by the Constitution.
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6. While Defendants deny that Malm and Grace Episcopal Church have engaged in perjury, spoliation of evidence, and other illegal and improper conduct violative of plaintiff’s rights, they present no evidence to rebut the prima facie showing of perjury by Malm and Grace Episcopal Church in Plaintiff’s initial complaint. Specifically, they fail to explain how Malm can testify in court, under oath, that he did not so much as know Plaintiff’s mother’s name, yet expressly refer to her by name in his initial perjurious statement. 7. Apropos the color of state law test enunciated in United States v. Price, 383 U.S. 787 (1966) and its progeny, private collusion with law enforcement officials is expressly considered “under color of state law.” Indeed, there can be no clearer invocation of the power of the state than resort to its court and law enforcement functions. 8. Moreover, having waded into a civil matter and provided legal advice to defendants, the City of Alexandria cannot, consistent with the due process and equal protection clauses of the US and Virginia constitutions, pick and choose which issues to address. Plaintiff has repeatedly notified the city, its law enforcement officials, the city attorneys, and its elected representatives of perjury and other illegal conduct by Robert H. Malm and Grace Episcopal Church, only to be stonewalled and brushed off at every turn. 9. As to the diocese, it should be noted that its relationship to the matter is inaccurately described in defendant’s brief. Per the recent property recovery litigation in the Fairfax County Circuit, the diocese is hierarchical in nature, with an equitable interest in parish property, as well as command and control over local clergy via the provisions of church canons. This is evinced by the current shutdown of Episcopal churches in the diocese due to COVID-19, which was done at the direction of bishop Susan Goff. 10. The repeated refusal of the diocese to address Robert Malm’s perjury, which even extends to its disingenuous written statement that perjury is only actionable if it results in criminal charges,
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illustrates that the diocese and Bishop Susan Goff are fully involved in the improper actions of Grace Episcopal Church and Robert H. Malm. Indeed, the diocese has said it fully supports Malm and his perjury, and has provided legal counsel via its then-law firm, Troutman Sanders.
I hereby certify that I have provided a copy of the above filing to defense counsel via email, this 24th day of March, 2021 as follows: Craig D. Roswell, Esquire (VSB No.: 33901) Matthew J. Youssef, Esquire (VSB No.: 85339) NILES, BARTON & WILMER, LLP 111 S. Calvert Street, Suite 1400 Baltimore, Maryland 21202 (410) 783 –6357 (410) 783 –6452 cdroswell@nilesbarton.com mjyoussef@nilesbarton.com Counsel for Defendant, Grace Episcopal Church and Episcopal Diocese of Virginia Wayne F. Cyron, Esquire (VSB No. 12220) CYRON & MILLER LLP 100 N. Pitt St., Suite 200 Alexandria, VA 22314 703-299-0600 703-299-0603 (fax) wcyron@cyronmiller.com Counsel for Defendant, Robert H. Malm Alexandria City Attorney’s Office 301 King Street, Suite 1300 P. O. Box 178 Alexandria, Virginia 22313
I swear and affirm the foregoing to be true and accurate, to th best of my knowledge and belief. Respectfully submitted,
Eric J. Bonetti Pro se plaintiff 4129 Fountainside Lane 203 Fairfax VA 22030 703-973-4984 Eric.bonetti@me.com
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