IN THE UNITED
STATES DISTRICT COURT
FOR THE DISTRICT OF ________
Petitioner, Vs. Respondent,
CASE NO. ___________
Notice to the court
_________
WARRANT FOR THE ARREST, COMPLAINT
FOR DECLARATORY JUDGMENT AND INJUNCTIVE
RELIEF.
Point 1: (state how the below law
applies to your case!) No abuse, no
case, no fraud to get funding from
Social Security, and fraud of child
support for a child that was wrongfully
taken from the family. Reimbursements
for taking of a child by Child Protective
Services where there was no reasonable
effort and no abuse.
INQUEST
(1) Did the Judge commit perjury;
(2) Did the Judge obstruct justice;
(3) Did the Judge tamper with witnesses;
and
(4) Did the Judge abuse the power
of his office.
Impeachment is a matter of incomparable
gravity. Even to discuss it is to
discuss overturning the electoral
will of the people. For this reason,
the Framers made clear, and scholars
have long agreed, that the power should
be exercised only in the event of
such grave harms to the state as "serious
assaults on the integrity of the processes
of government." Charles L. Black,
Impeachment: A Handbook 38-39 (1974).
Authority 1:
Amendment V No person shall be held
to answer for a capital, or otherwise
infamous crime, unless on a presentment
or indictment of a Grand Jury, except
in cases arising in the land or naval
forces, or in the Militia, when in
actual service in time of War or public
danger; nor shall any person be subject
for the same offence to be twice put
in jeopardy of life or limb; nor shall
be compelled in any criminal case
to be a witness against himself, nor
be deprived of life, liberty, or property,
without due process of law; nor shall
private property be taken for public
use, without just compensation.
Point 2: (state how the below law
applies to your case!) Health and
Human Service Agency, Child Welfare
Agent, Child
Protective Services Employee, or any
other Government employee, Judge,
Bailiff, Marshal, FBI agent, Sheriff,
Police to compel to perform a duty
owed to the plaintiff. Any such person
so named is hereby compelled to do
their job.
Point 3: (state how the below law
applies to your case!)
Authority 3:
TITLE 28 PART IV CHAPTER 85 § 1361.
Action to compel an officer of the
United States to perform his duty
Release date: 2004-10-27 The district
courts shall have original jurisdiction
of any action in the nature of mandamus
to compel an officer or employee of
the United States or any agency thereof
to perform a duty owed to the plaintiff
Point 4 (state how the below law applies
to your case!)
Authority 4:
From the U.S. Code Online via GPO
Access wais.access.gpo.gov Laws in
effect as of January 7, 2003
Document not affected by Public Laws
enacted between January 7,
2003 and February 12, 2003 CITE: 28USC528
Under the constitutional-doubt canon
of statutory construction "[i]f
a statute is fairly susceptible of
two constructions, one of which leads
the court to doubt gravely the statute's
constitutionality, then we must adopt
the construction that avoids the serious
constitutional problem." Ferguson
v. Palmateer, 321 F.3d 820, 823 (9th
Cir. 2003); Hurston v. Dir., OWCP,
989 F.2d 1547, 1554 (9th Cir. 1993)
("We are required by traditional
canons of statutory construction to
avoid a literal interpretation of
a statute that leads to an absurd
result or that is contrary to Congress'
constitutional power.") (Alarcon,
J., dissenting).
In Groh v. Ramirez, 124 S. Ct. 1284
(2004), the Supreme Court recently
affirmed that every warrant must meet
the requirements of the Warrant Clause,
and be based upon probable cause,
supported by oath or affirmation.
Id. at 1289-90; see also Albrecht
v. United States, 273 U.S. 1, 4-6
(1927) (holding an arrest warrant
invalid because it was issued based
upon affidavits which had been sworn
to before an official "not authorized
to administer oaths in federal criminal
proceedings").
Point 5: (state how the below law
applies to your case!)
Authority 5:
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART II--DEPARTMENT OF JUSTICE
CHAPTER 31--THE ATTORNEY GENERAL
Sec. 528. Disqualification of officers
and employees of the Department of
Justice The Attorney General shall
promulgate rules and regulations which
require the disqualification of any
officer or employee of the Department
of Justice, including a United States
attorney or a member of such attorney's
staff, from participation in a particular
investigation or prosecution if such
participation may result in a personal,
financial, or political conflict of
interest, or the appearance thereof.
Such rules and regulations may provide
that a willful violation of any provision
thereof shall result in removal from
office. (Added Pub. L. 95-521, title
VI, Sec. 603(a), Oct. 26, 1978, 92
Stat. 1874.) Effective Date Section
effective Oct. 26, 1978, see section
604 of Pub. L. 95-521, set out as
a note under section 591 of this title.
Point 6: (state how the below law
applies to your case!)
Authority 6:
Title 18, U.S.C., Section 241 Conspiracy
Against Rights Laws: Cases and Codes
: U.S. Code : Title 18 : Section 241
This statute makes it unlawful for
two or more persons to conspire to
injure, oppress, threaten, or intimidate
any person of
any state, territory or district in
the free exercise or enjoyment of
any right or privilege secured to
him/her by the Constitution or the
laws of the United States, (or because
of his/her having exercised the same).
It further makes it unlawful for two
or more persons to go in disguise
on the highway or on the premises
of another with the intent to prevent
or hinder his/her free exercise or
enjoyment of any rights so secured.
Punishment varies from a fine or imprisonment
of up to ten years, or both; and if
death results, or if such acts include
kidnapping or an attempt to kidnap,
aggravated sexual abuse or an attempt
to commit aggravated sexual abuse,
or an attempt to kill, shall be fined
under this title or imprisoned for
any term of years, or for life, or
may be sentenced to death.
Point 7: (state how the below law
applies to your case!)
Authority 7. Title 18, U.S.C., Section
242 Deprivation of Rights Under Color
of Law Laws: Cases and Codes : U.S.
Code : Title 18 : Section 242 This
statute makes it a crime for any person
acting under color of law, statute,
ordinance, regulation, or custom to
willfully deprive or cause to be deprived
from any person those rights, privileges,
or immunities secured or protected
by the Constitution and laws of the
U.S. This law further prohibits a
person acting under color of law,
statute, ordinance, regulation or
custom to willfully subject or cause
to be subjected any person to different
punishments, pains, or penalties,
than those prescribed for punishment
of citizens on account of such person
being an alien or by reason of his/her
color or race. Acts under "color
of any law" include acts not
only done by federal, state, or local
officials within the bounds or imits
of their lawful authority, but also
acts done without and beyond the bounds
of their lawful authority; provided
that, in order for unlawful acts of
any official to be done under "color
of any law," the unlawful acts
must be done while such official is
purporting or pretending to act in
the performance of his/her official
duties. This definition includes,
in addition to law enforcement officials,
individuals such as Mayors, Council
persons, Judges, Nursing Home Proprietors,
Security Guards, etc., persons who
are bound by laws,
statutes ordinances, or customs. Punishment
varies from a fine or imprisonment
of up to one year, or both, and if
bodily injury results or if such acts
include the use, attempted use, or
threatened use of a dangerous weapon,
explosives, or fire shall be fined
or imprisoned up to ten years or both,
and if death results, or if such acts
include kidnapping or an attempt to
kidnap, aggravated sexual abuse or
an attempt to commit aggravated sexual
abuse, or an attempt to kill, shall
be fined under this title, or imprisoned
for any term of years or for life,
or both, or may be sentenced to death.
Point 8: (state how the below law
applies to your case!)
Authority 8:
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I --CRIMES CHAPTER 31-- EMBEZZLEMENT
AND THEFT Sec. 648.
Custodians, generally, misusing public
funds Whoever, being an officer or
other person charged by any Act of
Congress with the safe- keeping of
the public moneys, loans, uses, or
converts to his own use, or deposits
in any bank, including any branch
or agency of a foreign bank (as such
terms are defined in paragraphs (1)
and (3) of section 1(b) of the International
Banking Act of 1978), or exchanges
for other funds, except as specially
allowed by law, any portion of the
public moneys in trusted to him for
safe-keeping, is guilty of embezzlement
of the money so loaned, used, converted,
deposited, or exchanged, and shall
be fined under this title or in a
sum equal to the amount of money so
embezzled, whichever is greater, or
imprisoned not more than ten years,
or both; but if the amount embezzled
does not exceed $1,000, he shall be
fined under this title or imprisoned
not more than one year, or both.
Point 9: (state how the below law
applies to your case!)
Authority 9: Title 18, U.S.C., Section
241
Conspiracy Against Rights U.S. Code
: Title 18 : Section 241 This statute
makes it unlawful for two or more
persons to conspire to injure, oppress,
threaten, or intimidate any person
of any state, territory or district
in the free exercise or enjoyment
of any right or privilege secured
to him/her by the Constitution or
the laws of the United States, (or
because of his/her having exercised
the same). It further makes it unlawful
for two or more persons to go in disguise
on the highway or on the premises
of another with the intent to prevent
or hinder his/her free exercise or
enjoyment of any rights so secured.
Point 10: (state how the below law
applies to your case!)
Authority 10:
Title 18, U.S.C., Section 242 Deprivation
of Rights Under Color of
Law U.S. Code : Title 18 : Section
242
This statute makes it a crime for
any person acting under color of law,
statute, ordinance, regulation, or
custom to willfully deprive or cause
to be deprived from any person those
rights, privileges, or immunities
secured or protected by the Constitution
and laws of the U.S. This law further
prohibits a person acting under color
of law, statute, ordinance, regulation
or custom to willfully subject or
cause to be subjected any person to
different punishments, pains, or penalties,
than those prescribed for punishment
of citizens on account of such person
being an alien or by reason of his/her
color or race. Acts under "color
of any law" include acts not
only done by federal, state, or local
officials within the bounds or limits
of their lawful authority, but also
acts done without and beyond the bounds
of their lawful authority; provided
that, in order for unlawful acts of
any official to be done under "color
of any law," the unlawful acts
must be done while such official is
purporting or pretending to act in
the performance of his/her official
duties. This definition includes,
in addition to law enforcement officials,
individuals such as Mayors, Council
persons, Judges, Nursing Home Proprietors,
Security Guards, etc., persons who
are bound by laws, statutes ordinances,
or customs.
Point 11: (state how the below law
applies to your case!)
Authority 11:
Title 18, U.S.C., Section 1001 Fraud
and False Statements TITLE 18 - CRIMES
AND CRIMINAL PROCEDURE PART I - CRIMES
CHAPTER 47 - FRAUD AND FALSE STATEMENTS
U.S. Code as of: 01/02/01
Section 1001. Statements or entries
generally
(a) Except as otherwise provided in
this section, whoever, in any matter
within the jurisdiction of the executive,
legislative, or judicial branch of
the Government of the United States,
knowingly and willfully -
(1) falsifies, conceals, or covers
up by any trick, scheme, or device
a material fact;
(2) makes any materially false, fictitious,
or fraudulent statement or representation;
or
(3) makes or uses any false writing
or document knowing the same to contain
any materially false, fictitious,
or fraudulent statement or entry;
shall be fined under this title or
imprisoned not more than 5 years,
or both.
Point 12: (state how the below law
applies to your case!)
Authority 12:
18 USC Sec. 1203 TITLE 18 - CRIMES
AND CRIMINAL PROCEDURE
PART I – CRIMES CHAPTER 55 - KIDNAPPING
Laws: Cases and Codes : U.S. Code
: Title 18 : Section 1203 STATUTE
(a) Except as provided in subsection
(b) of this section, whoever, whether
inside or outside the United States,
seizes or detains and threatens to
kill, to injure, or to continue to
detain another person in order to
compel a third person or a governmental
organization to do or abstain from
doing any act as an explicit or implicit
condition for the release of the person
detained, or attempts or conspires
to do so, shall be punished by imprisonment
for any term of years or for life
and, if the death of any person results,
shall be punished by death or life
imprisonment.
Point 13: (state how the below law
applies to your case!)
Authority 13:
United States Code TITLE 18 - CRIMES
AND CRIMINAL PROCEDURE
PART I - CRIMES CHAPTER 109 - SEARCHES
AND SEIZURES
U.S. Code as of: 01/02/01
Section 2234. Authority exceeded in
executing warrant. Whoever, in executing
a search warrant, willfully exceeds
his authority or exercises it with
unnecessary severity, shall be fined
under this title or imprisoned not
more than one year. U.S. Code as of:
01/02/01
Section 2235. Search warrant procured
maliciously Whoever maliciously and
without probable cause procures a
search warrant to be issued and executed,
shall be fined under this title or
imprisoned not more than one year.
Section 2236. Searches without warrant
Whoever, being an officer, agent,
or employee of the United States or
any department or agency thereof,
engaged in the enforcement of any
law of the United States, searches
any private dwelling used and occupied
as such dwelling without a warrant
directing such search, or maliciously
and without reasonable cause searches
any other building or property without
a search warrant, shall be fined for
a first offense not more than $1,000;
and, for a subsequent offense, shall
be fined under this title or imprisoned
not more than one year, or both.
This section shall not apply to any
person -
(a) serving a warrant of arrest; or
(b) arresting or attempting to arrest
a person committing or attempting
to commit an offense in his presence,
or who has committed or is suspected
on reasonable grounds of having committed
a felony; or (c) making a search at
the request or invitation or with
the consent of the occupant of the
premises.
Point 14: (state how the below law
applies to your case!)
Authority 14:
Title 42 USC Section 1983Laws: Cases
and Codes :
U.S. Code : Title 42 : Section 1983
Sec. 1983. - Civil action for deprivation
of rights Every person who, under
color of any statute, ordinance, regulation,
custom, or usage, of any State or
Territory or the District of Columbia,
subjects, or causes to be subjected,
any citizen of the United States or
other person within the jurisdiction
thereof to the deprivation of any
rights, privileges, or immunities
secured by the Constitution and laws,
shall be liable to the party injured
in an action at law, suit in equity,
or other proper proceeding for redress,
except that in any action brought
against a judicial officer for an
act or omission taken in such officer's
judicial capacity, injunctive relief
shall not be granted unless a declaratory
decree was violated or declaratory
relief was unavailable. For the purposes
of this section, any Act of Congress
applicable exclusively to the District
of Columbia shall be considered to
be a statute of the District of Columbia
Point 15: (state how the below law
applies to your case!)
Authority 15:
Title 42, U.S.C., Section 14141 Pattern
and Practice U.S. Code :
Title 42 : Section 14141
This civil statute was a provision
within the Crime Control Act of 1994
and makes it unlawful for any governmental
authority, or agent thereof, or any
person acting on behalf of a governmental
authority, to engage in a pattern
or practice of conduct by law enforcement
officers or by officials or employees
of any governmental agency with responsibility
for the administration of juvenile
justice or the incarceration of juveniles
that deprives persons of rights, privileges,
or immunities secured or protected
by the Constitution or laws of the
United States. Whenever the Attorney
General has reasonable cause to believe
that a violation has occurred, the
Attorney General, for or in the name
of the United States, may in a civil
action obtain appropriate equitable
and declaratory relief to eliminate
the pattern or practice.
Point 16: (state how the below law
applies to your case!)
Authority 16:
Amendment V
No person shall be held to answer
for a capital, or otherwise infamous
crime, unless on a presentment or
indictment of a Grand Jury, except
in cases arising in the land or naval
forces, or in the Militia, when in
actual service in time of War or public
danger; nor shall any person be subject
for the same offence to be twice put
in jeopardy of life or limb; nor shall
be compelled in any criminal case
to be a witness against himself, nor
be deprived of life, liberty, or property,
without due process of law; nor shall
private property be taken for public
use, without just compensation.
Point 17: (state how the below law
applies to your case!)
Authority 17:
Title 42, U.S.C., Section 3631
Criminal Interference with Right to
Fair Housing
This statute makes it unlawful for
any individual(s), by the use of force
or threatened use of force, to injure,
intimidate, or interfere with (or
attempt to injure, intimidate, or
interfere with), any person's housing
rights because of that person's race,
color, religion, sex, handicap, familial
status or national origin. Among those
housing rights enumerated in the statute
are:
The sale, purchase, or renting of
a dwelling; the occupation of a dwelling;
the financing of a dwelling; contracting
or negotiating for any of the rights
enumerated above. applying for or
participating in any service, organization,
or facility relating to the sale or
rental of dwellings.
This statute also makes it unlawful
by the use of force or threatened
use of force, to injure, intimidate,
or interfere with
any person who is assisting an individual
or class of persons in the exercise
of their housing rights.
Punishment varies from a fine of up
to $1,000 or imprisonment of up to
one year, or both, and if bodily injury
results, shall be fined up to $10,000
or imprisoned up to ten years, or
both, and if death results, shall
be subject to imprisonment for any
term of years or for life.
Point 18: (state how the below law
applies to your case!)
Authority 18: CRAWFORD v. WASHINGTON
SUPREME COURT RULES 9-0 On March 8,
2004, Supreme Court Rules That Hearsay
Evidence in Child Abuse/neglect and
Domestic Violence Cases Is Not Admissible.
Parents Have the Constitutional Right
to Confront Their Accuser under the
6th Amendment. DCF, the AAG and the
States Attorney must Now Comply with
the 6th Amendment in Child Abuse/neglect
and Domestic Violence Cases.
Point 19: (state how the below law
applies to your case!)
Authority 19:
The "liberty interest of parents
in the care, custody, and control
of their children is perhaps the oldest
of the fundamental liberty interests"
recognized by the U.S. Supreme Court.
Troxel v. Granville, 527 U.S. 1069
(1999). Moreover, the companionship,
care, custody, and management of a
parent over his or her child is an
interest far more precious than any
property right. May v. Anderson, 345
U.S. 528, 533, (1952). As such, the
parent-child relationship is
an important interest that undeniably
warrants deference and, absent a powerful
countervailing interest, protection.
Lassiter v. Department of Social Services,
452 U.S. 18, 27 (1981).
Point 20: (state how the below law
applies to your case!)
Authority 20:
Constitutional Rights law.
Amendment IX The enumeration in the
Constitution, of certain rights, shall
not be construed to deny or disparage
others retained by the people.
Point 21: (state how the below law
applies to your case!)
Authority 21:
ARREST WARRANTS
A warrant for an arrest is a process
issued by a court. It may be executed
on any day of the week and at any
hour of the day or night. The policeman
must tell you that he is acting under
the authority of a warrant. He also
must show you the warrant, if you
ask, and give you a chance to read
it either at the time of the arrest,
if it is in his possession, or as
soon as he obtains it.
Point 22: (state how the below law
applies to your case!)
Authority 22:
CITIZENS ARREST
A citizen may arrest you without a
warrant if you have committed a felony
in fact or if you have committed a
non-felony in his presence.
He must tell you the reason for the
arrest unless that is impractical
to do. If you are arrested by a private
citizen you
must be taken before a judge or turned
over to a policeman "without
unnecessary delay." Any Violation
of the above named Federal Laws constitutes
a felony. The below persons did witness
and swear under oath and affirmation
that the felony was committed in their
presents and that the person (s) so
named here are entitled to the arrest
and trail for said
felony(s)
Name of person_________________________________________________
Committed _________________________________________________Felony,
on this date______________ and Time_________________.
Print Name: _________________Witnessed
Print: _____________________
Signature____________________________________________Date___________
Print Name: _________________Witnessed
Print: _____________________
Signature____________________________________________Date___________
Print Name: _________________Witnessed
Print: _____________________
Signature____________________________________________Date___________
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