here is a sneak peak of the rough draft of Our Children Have A Voice Lawsuit made by our amazing team of empowered parents! Mr Falkner is AMAZING. . . All input welcome! Beginning of template, not yet organized in the federal form of filing: MOTION FOR [MANDATORY INJUNCTION/RELIEF IN THE NATURE OF MANDAMUS] Plaintiff[s], on behalf of [himself/herself/themselves], [his/her/their] children, and all similarly situated citizens, (the Class or Class) seek[s] to invoke the judicial process to compel public action on [(Official(s), Title(s))], and their successors in office who are personally responsible for compliance, to act in accordance with the law, on inherent duties and the legislative intent of the law. This motion is given in good faith, and upon information and belief, there are no statutes that preclude judicial review, and the requested agency action is not committed to agency discretion by law. Plaintiff[s] allege[s] that Defendant(s), who [is/are] [a government agency/[a] government officer[s]/[a] government employee[s]] [acted/failed to act] in an official capacity or under color of legal authority, in violation of [(Reference to non-discretionary law regarding duty or failure of duty)]. Dendant[s] should be compelled to comply with the law by [(Described action using direct language from given reference(s), modified only for relevant application to the issue at hand)] STANDING Plaintiffs interests are materially at stake in the outcome of the controversy, amounting to concrete adverseness which sharpens the presentation of issues upon which the court so largely depends. The interest sought to be protected by the Plaintiff[s] are within the zone of interests to be protected or regulated by the statute and constitutional guarantees in question, and the grievances are not universal or generalized with regard to the conduct of the government, beyond the injuries and interests unique and specific to the class. The plaintiff[s] [is/are] [a/the] proper [party/parties] to invoke judicial assistance in resolution of this public dispute, as the dispute and scope of relief sought are right, just, and prudent, and do not merely amount to a political question. The effectiveness of the relief that the court might grant is substantial, and the relationship between the different branches of the government will not be compromised by the Plaintiffs representation, nor grant of judicial relief. The Plaintiffs protectible interests at stake include [constitutional/economic/non-economic/ conservational] interests as follows: [(Example) Fundamental, constitutional, precidented, and legislatively recognized parental liberty interests in the care, custody, and management of their children.] Plaintiff[s] allege[s] that the challenged [public/administrative] [activities/failures of duty] have caused personal injury in fact, both economic and otherwise, to Plaintiff[s], the Plaintiffs children, and the Class as follows: [(injuries)] FACTS AND CONCLUSIONS OF LAW Right of Review. Pursuant to 5 USC § 702, The Class, [suffering legal wrong because of agency action/adversely affected or aggrieved by agency action within the meaning of a relevant statute], is entitled to judicial review thereof. Sovereign Immunity is Not Appliccable. Pursuant to 5 USC § 702, an action in a court of the United States seeking relief other than money damages and stating a claim that an agency or an officer or employee thereof acted or failed to act in an official capacity or under color of legal authority shall not be dismissed nor relief therein be denied on the ground that it is against the United States or that the United States is an indispensable party. The United States may be named as a defendant in any such action, and a judgment or decree may be entered against the United States.
Posted on: Sat, 25 Jan 2014 02:02:41 +0000
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