For those who are curious what Ive been talking about in regards to filing a lawsuit. This is what is actually looks like. IT WILL BE FILED BY NEXT WEEK. I am not done yet, but this is the just of it: UNITED STATESDISTRICTCOURT SOUTHERN DISTRICT OF NEW YORK (Full Name of Plaintiff or Plaintiffs) vs Case No. ______________ (Full Name of Defendant or Defendants) CIVIL RIGHTS COMPLAINT WITH A JURY DEMAND This is a 1985 (3) action filed by Sean Miller, a United States citizen, alleging violation(s) of his constitutional rights and seeking money damages, declaratory judgment, and injunctive relief. The plaintiff requests a trial by jury. Jurisdiction 1. This is a civil rights action under 42 U.S.C § 1985(3) and 42 U.S.C § 1983.This court has jurisdiction under 28 U.S.C § 1343 and 28 U.S.C § 1331. Plaintiff also invokes the pendent jurisdiction of this court. Parties 2. Plaintiff Sean Miller is presently residing in Lincoln, Nebraska. Plaintiff is an African American male. He is a natural born citizen of the United States who was born in New York City. 3. Defendant Barack Obama is the President of the United States. He leads the Executive Branch of the Federal government and is the commander-in-chief of the United States Armed Forces. He is being sued in his individual and official capacity. 4. Eric Holder is the 82nd Attorney General of the United States. He is the legal advocate to the president and the leaders of the executive departments. He is responsible for enforcing civil rights and prosecuting federal crimes committed against and for the United States government. He is sued in his individual and official capacities. 5. Bill de Blasio is the major of New York City. He is responsible for running the day-to-day administration of the city. He is sued in his individual and official capacities. 6. William Bratton is the Commissioner of the NYPD. He is responsible for the oversight of the entire police department. He is responsible for the establishment of departmental policies and procedures, coordinating the activities of various divisions and overseeing the performance of the departments’ sworn officers and civilian staff. He is sued in his individual and official capacities. 7. Jeffrey Zucker is the President of CNN Worldwide. He is responsible for the oversight of 23 branded news and information businesses, including CNN’s U.S television network, CNN International, HLN and CNN digital. He is sued in his individual and official capacities. 8. Andrew Cuomo is the Governor of New York State. He is responsible for appointing other officials, such as commissioners and other officers and board members who oversee the heads of state agencies and departments. He is also responsible for filling any vacancies that may occur, such as the attorney general or auditor, until the end of the elected term that the previous person was supposed to complete. He is sued in his individual and official capacities. 9. James Comey is the director of the Federal Bureau of Investigation. He is responsible for monitoring investigations of cyber crimes, terrorism activities, kidnappings, white collar crimes and drug trafficking cases. He is sued in his individual and official capacities. 10. All defendants have acted under “color of state law” during all times relevant to this complaint. Facts 11. Plaintiff is an American born citizen of African descent. 12. Since his birth, plaintiff had to endure racial violence and profiling due to the U.S governments long-standing of racial discrimination since the ending of slavery in 1865. 13. As an African American male, I have been stigmatized and profiled due to the negative images that the media outlets have portrayed about African Americans. 14. Plaintiff is unaware of his African heritage due to government tactics to prevent true African American culture and history. 15. Defendants have in some way either directly or indirectly collaborated to create stereotypes of African Americans. 16. This propaganda of stereotypes has led to the arrest and plaintiffs conviction which he was coerced due to duress and has created mass incarceration of African Americans in order for the U.S. to enforce slavery as characterized in the 13th Amendment. 17. In the past century, the U.S government and other state and federal agencies has either directly or indirectly conspired to defame the image and character of the African American male and female. 18. Due to the past dejure and defacto laws that were created to discriminate against African Americans, plaintiff is subjected to involuntary servitude because of the stigmas created from his previous position of servitude. 19. The media has falsely portrayed African American males as “thugs” and “gangsters” which created a stereotype that law enforcement uses to profile African American males in order to make arrests to re-enforce slavery that is characterized in the 13th Amendment. 20. The media has both directly or indirectly conspired with other federal and state agencies to broadcast negative images and portrayed African American males and females as “Niggers.” 21. This portrayal of African Americans has led to the psychopathic aggression of law enforcement and other non-law enforcement groups towards African Americans due to the constant and continuing injustice that has been inflicted on African Americans since the year 1492 through the Emancipation Proclamation Act of 1865 and is still ongoing in the year 2014. 22. The U.S. government and other state and federal agencies have and are making laws that target African American male in order to enforce slavery as characterized in the13th Amendment. 23. The U.S. government and other state and federal agencies have and are making laws that hinder African Americans from advancing in economic and social environments. 24. Plaintiff is unable to identify with his own culture because of the U.S. government and other state agencies along with media networks blatant attempts to discredit, disparage and defame African heritage by creating and advertising false information about African history. 25. When African American groups were formed to help protect and aid African Americans in their growth and development, these groups were targeted by the federal government’s COINTELPRO program and dismantled under false pretenses. 26. Due to these malicious tactics, plaintiff is unaware of his true culture and is unable to connect with his original tribe or ethnic group. 27. Plaintiff had to adopt the language and customs of American culture which does not reflect the true identity of plaintiffs’ cultural background. 28. Plaintiff is in constant fear of his life, the life of his wife and the life of his one year old daughter. He is in imminent danger and is in fear of traveling to other states and enjoying the liberties and privileges as other ethnic groups in the country. 29. Due to the constant degrading of African Americans, other ethnicities are violating African Americans civil and human rights with the intent to cause bodily harm and fatal injury. 30. Plaintiff’s wife’s car was vandalized with the derogatory term “Nigger” written in permanent marker across the hood of her car. This term has been used constantly towards African Americans which were created to belittle and degrade their character. (See: police report number and photo) 31. These tactics affect plaintiff directly and indirectly because he is an African American male and is subjected and has been subjected to the backlash that these collateral consequences and pretexts have created. 32. On 10-13-1997, Plaintiff was arrested after going to NYPD Precinct 24 to respond to officers inquires about a robbery. Plaintiff was forced by physical harm and intimidation to write a false report which implicated plaintiff in a robbery that he was not present. After serving 8 months on Rikers Island, plaintiff pleads guilty under duress due to the physical and mental harm while incarcerated at Rikers Island. (see: case# 8739-97) 33. On 1-3-2006, Plaintiff was arrested during a traffic stop where officers from NYPD Precinct 26, unlawfully searched plaintiffs vehicle due to racial profiling (see: case# 00024-2006) There was no evidence of any traffic violation. Plaintiff was forced to plead guilty due to the conflict of interest of appointed attorney and plaintiff’s previous position of servitude which led to an increase sentence. 34. These tactics have been used against numerous African American males and females which caused the overcrowding of the state and federal prison population. 35. Plaintiff has completed his duty of “slavery” and “involuntary servitude” through sentencing of the courts. Since plaintiffs release from previous condition of servitude, he has been frequently denied employment and career opportunities in the pursuit of happiness. 36. Plaintiff has an Associate’s degree in paralegal studies is has been denied over 20 opportunities of employment in that field. He is subjected to pay student loans totaling 32,253.46 and unable to practice the skills he required. 37. Plaintiff is unable to vote in certain states as guaranteed by the Constitution. 38. Plaintiff is unable to obtain a firearm as guaranteed by the Constitution. Claims First Cause of Action 39. The actions of the defendants stated in paragraphs 11-38 denied plaintiff equal protection of law in violation of the Fourteenth Amendment 40. Plaintiffs Fourteenth Amendment right to equal protection under law which no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States when defendant Barack Obama and Eric Holder allowed defendants Bill de Blasio and William Bratton to make and enforce laws that directly target African Americans. Second Cause of Action 41. The actions of the defendants stated in paragraphs 11-38 denied plaintiff rights already obtain by the people in violation of the Ninth Amendment. 42. Plaintiffs Ninth Amendment rights were violated when defendants Barack Obama allowed other agencies to use his previous condition under the 13th Amendment to deny and disparage other rights obtained by the people which includes the 2nd Amendment right to bear arms; his Fifth Amendment right to due process; Eighth Amendment right to be free from “cruel and unusual punishment” 43. The actions of the defendants stated in paragraphs 11-38 denied plaintiff freedom of speech, prohibiting the free exercise of his religion in violation of his First Amendment rights. 44. Plaintiffs First Amendment rights were violated when all defendants either directly or indirectly conspired to create negative images of African American religion and culture, made laws to prohibit proper education of African history and dismantled organizations that aided in the education of African culture, religion and history. These actions forced plaintiff to adapt and adopt ideologies and religions that do not reflect his African roots. 45.
Posted on: Sun, 17 Aug 2014 05:27:17 +0000
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