-Caveat Lector- To Contact Charles A. Schlund
Charles A. Schlund 8520 N. 54th Drive Glendale, AZ 85302 (623) 931-5963 (623) 931-6420 (602) 670-2017 ++++++ Plaintiff Schlund’s verified complaint is relevant, signed under oath per Federal Rules of Civil Procedure, Rule 11, that he has experienced the extreme physical and emotional pain and suffering of the torture and the violation of his Constitutional Rights. That the government’s activities of using the sophisticated electronic technologies/devices have hurt, injured and caused him “extreme” pain and suffering both physically and psychologically (Verified Complaint) including loss of trust in the United States government which is especially hurtful for depriving him of serious constitutional rights. He expresses in detail in his Complaint that the individual officers have used “improper, excessive, and unjustified force”, violating his United States and Arizona constitutional rights. He asserts that the government’s “improper, excessive, and unjustified force” is the “direct and proximate cause” of his “sustaining intermittent life-threatening injuries”. Plaintiff Schlund, in layman terms, has expressed that during the torture sessions of him, he is able to utilize his innate natural senses to allow him to feel, smell, see, hear, touch and physically be aware of when his physical body is being touched and affected by an outside energy stimulus which has the capabilities to transfer energy, including sound, which has the severe result of psychological and physiological deterioration of his mind and body when the Government is torturing him in that manner. “The Ninth Circuit Court of Appeals’ clear understanding that the sophisticated and complex electronic surveillance and other electronic [devices] can be ‘used in tandem with surveillance technologies’ and ‘other electronic devices’ or ‘other sophisticated electronic surveillance devices ought not be permitted in a free society.” (Id. Koyomejian) Plaintiff Schlund alleges the United States has not yet become Nazi Germany, but if this is allowed by the Court to continue, we will be no different than that of Nazi Germany. Plaintiff Schlund has also detailed that during the torture sessions he suffers from, included however not limited to, forced sleep deprivation, pain and suffering throughout his body, headaches, nausea, screaming in his ears, violent shaking of his body and intra-cranial cavity, his eyes extremely ache and feel like they’re going to explode, experiences severe diarrhea, expectorates blood and experiences blood coming from his anus. His teeth have cracked from the sound and electronic force vibration and fell apart and he has been blinded and so psychologically distracted due to intolerable and joint inflictions of the torture and surveillance distraction that his left thumb was torn off by a machine he was working on, causing the immediate primitive amputation of his thumb. This happened after Plaintiff Schlund repeatedly informed the government that the electronic mode they were using was blinding him when it was turned on. After arriving at the hospital in Phoenix, Arizona, the on-staff physician polished up the primitive amputation of his thumb by the machine, exacerbating the excruciating pain and suffering experienced by him as well. The aforesaid is irrefutable, irreparable harm to him. Plaintiff Schlund leaves here to supplement this motion with his affidavit. He voices that the extreme nature and degree of the infliction of torture punishment on him by the government prevents him from handling his normal business duties and responsibilities. The torture of Plaintiff Schlund was so heavy on Election Day that Plaintiff was unable to vote because he was prevented from voting by the use of torture. Plaintiff is right now being forcibly stopped by the Justice Department from serving on jury duty. Plaintiff was called for jury duty just the other day and the torture of plaintiff is forcing plaintiff under torture to not be able to serve on jury duty. It has also violated his freedoms of association and privacy and those associations, including speech, protected under the First Amendment, and in direct violation of his privileges between his attorney, doctors, clergy, religion, violation of equal protection under the law, violation of his freedom of privacy to his personal papers, effects and things from governmental intrusion, and violation of his rights to political and commercial free speech, also protected under the Constitution. The Supreme Court has issued prior decisions which support the issuing of injunctive relief for Plaintiff Schlund which involve a wide range of scientific and other electronic force technologies admittedly used not only by the United States Government, but others as well. See, Central Intelligence Agency v. John Cary Sims and Sidney M. Wolfe, 471 U.S. 159, 85 L Ed. 2d 185 S.Ct. 1881 (1965). 2. Torture and banishment allowed by the court if not stopped results in Plaintiff Schlund being beyond the reach of all of the protecting clauses of the United States Constitution, resulting in irreparable harm. Irrefutably, torture is extreme punishment whether physiologically, psychologically or both. The government’s illegal activities of torturing Plaintiff Schlund are done in an electronic manner unseen by the untrained human eye. The government’s electronic torture and surveillance of Plaintiff Schlund is conducted in a manner in which Plaintiff cannot defend himself against such egregious invasions of his privacy or torture having the effect of placing him outside and beyond the reach of any of the protecting clauses of the United States Constitution – banishing him from such protections guaranteed thereunder. In other words, it strips him of all the rights which are given to him as a United States citizen and by God. Use of electronic torture and surveillance devices and systems on Plaintiff forcibly banishing him from the constitutional protections is a type of torture called banishment. Banishment is a severe form of torture recognized by the United States Supreme Court. United States vs. Ju Toy, 198 U.S. 253 (1905) at pgs. 258 and 259. The United States in the U.S. v. Ju Toy, case held government activities which place a person (Plaintiff Schlund) beyond the ability to use his United States Constitutional protections to stop illegal or pretextually legal (under color of authority or office) torture or banishment is punishment. (Id. p. 269). It went further clarifying that such activity is the most severest punishment, “ It is inflicted principle upon political offenders ………….. usually punishment on criminals whether real or pretended”. (Id.) In the case before the bench, Plaintiff Schlund has been and is pretextually and judicially branded as a criminal and was set-up by sloppy, dirty, and corrupt government agents who got caught by the Honorable Federal Judge Lacey who held they committed “outrageous” acts of fabrication of evidence, witness tampering, obstruction of justice and other severe and repetitive acts of immoral and grossly unethical conduct under color of authority and office. The officials themselves were radical and uncivilized criminals violating federal law. They should have been jailed. The Honorable Federal Judge Lacey after acquitting plaintiff while standing and beating on his desk demanded that the corrupt federal agents be arrested for perjury and yelled that no one commits perjury in his court. See a similar recent example attached hereto as Exhibit “A”, as self-authenticated evidence per F.R.C.P. 902(6). The corrupt agents nearly ended up in jail themselves on sua sponte contempt charges vigorously voiced on bedrock of anger by United States District Court Judge Lacey. The judge’s clear expressions were in essence that the corrupt and dirty cops were the actual criminals not Plaintiff Schlund who was merely painted as a criminal in the bogus and fabricated proceedings marshaled against him by the DOJ and DEA. (Id.) Plaintiff Schlund is a whistle blower on dirty law enforcement activities anchored in corruption. Plaintiff Schlund, in reality, is a political witness despised by those who are steeped in government corruption. The DOJ, DEA and judges under their influence, in a concerted effort, have and continue to have, exiled or banished (to the extent of their influence) Plaintiff Schlund from the effective use of the judicial system or use of other departments and agencies of the state/federal government. He is subject to the species of torture called judicial banishment or exile. He has been placed in the status of a political witness and tortured as well in this fashion. United States vs. Ju Toy, 198 U.S. 253 (1905) at pg. 258: “Banishment of a citizen not merely removes him from the limits of his native land, but puts him beyond the reach of any of the protecting clauses of the Constitution. In other words, it strips him of all the rights which are given to a citizen. I cannot believe that Congress intended to provide that a citizen, simply because he belongs to an obnoxious race, can be deprived of all the liberty and protections which the Constitution guarantees; and if it did so intend, I do not believe that it had the power to do so.” Plaintiff Schlund is a person of the obnoxious race or status of a whistle blower of corruption – a political witness against government corruption. Therefore, the court ordering the termination of the violations of Plaintiff Schlund’s rights, the torturing of Schlund and the equal access to the use of the law, will level the playing field of due process, equal protection and uphold the ends of justice. U.S. v. Ju Toy; Article 3 of the United Nations Convention Against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment and In. Re. the Matter of S-V, Interim Decision No. 3430 (BIA 2000); 8 C.F.R. § 208.17(a)(2001)[defining torture], by way of example. Torture of political witnesses or for [other government motive] is not new and fully acknowledged by the judicial decisions Siderman DeBlake v. Republic of Argentina, 965 F. 2d 699 (9th Cir. (1992), supra; F.R.C.P. 706. The result of this court not granting the requested relief will be that the court will be procedurally authorizing the use of torture and banishment and aiding/abetting in the cover-up of wireless electronic trespass, torture, murder and treason. 18 U.S.C. § 238 [Treason Against the United States]. Plaintiff Schlund’s testimony as to the severity and extreme harm of the injuries and damages he has sustained and continues to sustain must be adopted as truthful, especially in light of no conflicting evidence to the contrary. See, Allen Scribner, 812 F 2d 426, 430, 437 (9th Cir. 1987) [“[A] Plaintiff’s testimony, standing alone, is sufficient to sustain a verdict.”] Plaintiff Schlund’s statements have been consistently reliable for over twenty-five (25) years since he was acquitted. He has passed two (2) independent lie detector tests, despite the proof is not admissible in court. Also, his Verified Complaint is construed as an affidavit, which is acknowledged under Rule 56(e), which can be relied upon for purposes of granting injunctive relief. As to the nature of the technology and the raw reality of the government torturing its citizenry, here for Plaintiff Schlund, as bizarre as it may seem, the reality of torture has been firmly recognized in the Siderman DeBlake case supra. The 9th Circuit Court of Appeals expended great effort to give strong and credible weight to the factual reality of torture of citizens by the government under its reliable pattern of always denying it. Modernly, the technology almost has no limits and it is not logical that the government would use old technology when it can be using the most updated modernized technology for “surveillance” and other purposes which are less costly, more effective and efficient. Plaintiff Schlund’s Complaint avers the government needs this pretext of claiming he is engaged in criminal activity to justify obtaining a probable cause warrant in order to continuously conduct the surveillance activities as aforesaid. He claims the CIA/DEA utilizes “corrupt” judges that Plaintiff Schlund had been working with the FBI against, to obtain these warrants, or otherwise the government just simply conducts the investigation without a warrant, hoping he will commit a criminal act and then use that as a justification for the probable cause to seek legitimate warrants, while the judge turns a blind eye to the perpetuation of illegal surveillance and torture activities, in violation of his civil rights and those that associate with him. This is exactly what the Honorable Circuit Judge Kozinski greatly feared, as he expressed in his powerful dissent in the Kovomejian decision. However, because Koyomejian was a criminal matter, when the government is believed to be conducting illegal or otherwise improper investigations utilizing said technologies, it would be proper for the court to grant injunctive relief to protect Plaintiff Schlund’s constitutional rights. Plaintiff Schlund has never been convicted of anything and is not guilty of any crime. Plaintiff Schlund is seeking injunctive relief to restrain the actual and threatened acts of irreparable injury which are in fact cruel and unusual punishment to him personally and to his constitutional rights, as expressed above. Even minor deprivation or violation of an individual’s freedom of speech is always protected by injunctive relief against the violator. Plaintiff Schlund requests the relief as a preventive and protective measure to allow him to have relief from the torture which causes him irreparable harm, injury, and damages, as set forth in this motion. It is the rule, rather than the exception, that an injunction is not restricted to acts “contrary to law” but may also issue to restrain acts contrary to fairness. See, Standard Oil Co. v. United States, 283 U.S. 163, 75 L.Ed. 926, 51 S.Ct. 421 (1982); Swift and Co. v. United States, 276 U.S. 311, 72 L.Ed. 587, 48 S.Ct. 311 (1981). For the court to deny this Motion and stop the lawsuits from going forward by the use of torture would result in the court becoming a co-conspirator to the cover-up of murder and the claims listed in the Complaint. This includes the court’s participation in the overthrow of the United States - treason. Plaintiff has stressed the resulting psychological and physiological injury and damages, including but limited to, his feelings, sensibility, honor, personal reputation, deprivation of his children’s love, affection and companionship, and the torturous interference with his personal guaranteed rights under the United States Constitution. All of these are appropriate for the court to issue an injunctive relief order terminating the government’s torture activity causing irreparable harm in those regards. “The interests protected by an injunction against torts are not limited to those in property or to those of an economic character. They include all interests defined and discussed in the restatement of this subject. Thus. injunctive relief is available for the protection of interests of personality, even though the harm done or threatened consists of nothing more to injury to feelings, sensibility, or honor. Examples are interests in privacy, in personal reputation, and in the domestic relations.” See, Restatement, Torts, Section 973, comment (a); Koyomejian and Siderman DeBlake. Torture is defined as a criminal act subject to relief in the World Court if relief cannot be obtained in the subject country (USA). If the court allows such violations, it gives the appearance the court is no different than the violator, which results in a chilling effect of the public trusting their own government. (See Exhibit “A”, a current reality.) Normally, Plaintiff Schlund would seek the protections enunciated under criminal law enforced by the police against the violators of his constitutional rights, but such options are not available under the present circumstances. Plaintiff has tried to file 1,000’s of complaints for the use of torture. The Justice Department, Attorney General John Ashcroft, Janet Reno and the Inspector Generals Office have refused to even answer the complaints. The Federal Rules of Civil Procedure, Rule 65, provides that in appropriate cases, to prevent irreparable harm, the court may issue an injunctive relief order in its discretion. NOTICE OF INTENT TO EXERCISE UNITED STATES CONSTITUTIONAL RIGHTS UNDER TORTURE AND THREAT OF DEATH BY THE GOVERNMENT Plaintiff Schlund while under torture and under the threat of death by the government must place the United States on notice that the Justice Department and courts by allowing the use of terrorist acts and torture against Plaintiff Schlund has resulted in injuries that Plaintiff will in time die from. Plaintiff Schlund under the torture by the government will never be able to get married or pursue happiness in any way. Plaintiff Schlund has been driven out of business by the governments use of torture and has been forced under torture to not be able to maintain records resulting in forcing Plaintiff Schlund under torture to not be able to file taxes. Anytime Plaintiff tried to file taxes he was punished and tortured and at times was knocked out with the pain from the torture of him as the government tried to stop him. The Government has threatened to murder Plaintiff’s children and has tortured Plaintiff for the past 25 years and has framed Plaintiff for every crime they could to justify the Government’s Nazi-like criminal conduct. The torture of Plaintiff Schlund has now so damaged him that in time he will no longer be able to defend himself or be able to work or even feed himself or his grandchildren. Social Security has been mostly destroyed by Plaintiffs inability under torture to file taxes. The courts issued warrants that were used to take Plaintiffs passports for 12 years before returning them and then took them again. The government used these passports to open bank accounts in Plaintiff Schlund’s name to frame him as being involved in drugs. Acts which are continuous and ongoing by the Government are electronic intrusions and trespasses in, on and upon Plaintiff Schlund’s home and/or vehicles for the purpose of planting new evidence every time Plaintiff executed his freedom of speech and redress of rights and complains to the Justice Department, police or the courts the torturing of Plaintiff is increased and new evidence against Plaintiff is again planted. This process of obstruction of justice and witness tampering by the Government has continued each day for 25 years and may never stop without this court assisting with the requested relief. Plaintiff has repeatedly offered the Government while under the torture to plead guilt to any crime they wish in exchange for relief from the torture. Plaintiff has confessed to every crime that he can think of while under torture in exchange for some relief from torture or in exchange for sleep. The government has no interest in trying or convicting Plaintiff for any purported crime, the government’s only interest is to torture plaintiff to limit his freedom of speech and whistle-blowing activities. To imprison Plaintiff would look like the government was imprisoning him as a political witness. In fact Plaintiff Schlund would be a political prisoner of the United States. To give the illusion of freedom Plaintiff Schlund is allowed to appearingly remain free while in reality he is held prisoner electronically and controlled to a degree more horrible then possible in any prison without the use of the electronic implants used to torture Plaintiff Schlund. The Justice Department and the Courts to date have acted like Plaintiff has no rights of any kind and, in fact, have intentionally violated Plaintiffs rights. The Government has asserted by its acts and conduct Plaintiff is presumed to be guilty and, accordingly, the court has based its decisions on the presumption of guilt rather than the constitutional duty imposed on it to act on the constitutional presumption Plaintiff Schlund is innocent until proven guilty in a court of law. They have acted like Nazis. Because of this plaintiff has been stopped with torture from voting, owning a home or even being allowed to work or to run a business. Plaintiff Schlund has also been deprived of the exercise of his right to freedom of religion, of going to church and, in fact, has been tortured forcing Plaintiff out of church violating his Constitutional rights of freedom of religion and association. The only time that the torture was terminated was when Plaintiff was arrested for a contractor code violation. While he was in jail, all torture was stopped. Plaintiff reached the point while under torture that he would gladly go to jail for the rest of his life in exchange for not being further tortured. Plaintiff Schlund places the court on notice that he will exercise his rights to civil protest to be arrested in protest of his never ending torture by the Government. The Government uses electronic stalking, violence and terrorism and Plaintiff Schlund will use peaceful civil protest as his response to the Government’s outrageous and despicable conduct and acts of evil and terrorism. Plaintiff Schlund has no problem with the government conducting any investigation but will no longer allow the government to torture him further without civilly protesting the Government’s use of torture. The Government in its criminal conspiracy and paranoid delusions will claim that this is a threat against the Government and that the Government does not respond to threats. Nazis. In truth, the Government is the one violating Plaintiffs rights by electronic stalking, torture and threats and is threatening Plaintiff with further torture, sleep deprivation and further cruel and unusual punishment. Plaintiff will 90 days from the filing of this motion start peaceful civil protest of his torture which is being committed under the authority of the courts. If the U.S. Supreme Court, in its decisions, says it is legal to burn American flags as an expression of free speech, then it is legal to do other kinds of peaceful protest. Plaintiff will protest by burning copies of the Constitution at the Sandra Day O’Connor Court House in protest of his torture to get arrested and tried for his peaceful protest to the Government’s use of torture. The Government has reduced the American Constitution in Plaintiff’s situation into a worthless piece of paper with their corruption. Plaintiff will force the Government to hold Plaintiff in prison for the rest of his life or until the Government agrees to terminate the torture of Plaintiff. Anytime the Government tries to release Plaintiff from prison and again tortures Plaintiff he will again go straight to the court house and again burn new copies of the Constitution until he is again arrested. If Plaintiff is released from jail on his own recognizance or for any other reason he will again return to the court house and again burn new copies of the Constitution as soon as he is tortured again. As the Government fully knows, Plaintiff will be tortured as long as the Government has implants in his body or on his body or in proximity to his body capable of torturing him. Anyone with any electronic knowledge can design implants or other monitoring devices that are not capable of torture and that is all that Plaintiff Schlund asking for with the paranoid and delusional Government insisting that they have a right to use torture against him as a political witness, in violation of his rights. Let the court fully understand how evil the government has acted in its use of torture against Plaintiff as an electronic political prisoner of the United States. Plaintiff alleges that while working and driving from job to job in his truck he has to drive through school zones where children cross the street. As Plaintiff Schlund would enter these areas, the Government would torture Plaintiff Schlund making him scream in agony as the Government tried to force Plaintiff Schlund to run over these innocent children. These crimes were committed by the Government to try to force Plaintiff Schlund to possibly injure or kill innocent children so the government could blame Plaintiff Schlund and prosecute him as a horrible evil criminal. Then when Plaintiff Schlund would get to his intended job site the torture would be reduced by millions of times for the filming of Plaintiff to show that he can work and is in good shape. As soon as Plaintiff would leave the job and get on the freeway the Government would then again torture Plaintiff as abovesaid and make him scream in agony trying to force Plaintiff into an accident to possibly kill or injure some innocent person(s) so the Government could try to justify prosecuting him for the hoped for accident by the Government. Plaintiff Schlund will no longer tolerate these crimes by the Government. He will not allow the Government to force the death of innocent people so the Government can target Plaintiff as abovesaid. To stop these crimes by the Government, Plaintiff Schlund has no other choice other then to force his incarceration as a political prisoner of the United States. Plaintiff alleges that if this court does not grant his reasonable motion for relief of torture on the grounds set forth herein, he may begin the expression of his constitutional rights as stated in this motion despite he would prefer the relief he is entitled to under settled law set forth herein. CONCLUSION Based on the above said, Plaintiff Schlund respectfully requests the court to issue the appropriate injunctive relief order terminating the government’s various types of torture of him, to maintain the status quo of the parties and protect his constitutional rights as follows: 1. The court order the government to cease and desist all activities of every nature and kind which result in the torture of Plaintiff Schlund and his witnesses; 2. The government cease and desist utilizing any type of electronic or other devices which emit any form of electronic force utilized by it to influence, control, inflict pain or suffering to any degree whatsoever, whether psychologically or physiologically to Plaintiff Schlund; 3. The court order the government to cease and desist all activities of every nature and kind whatsoever which result or may result in the torture and witness tampering of Plaintiff Schlund’s family, friends and his witnesses; 4. That the government cease and desist all activity which directly or indirectly, irrespective of degree, which does or may cause pain and/or suffering, whether physiological or psychological to Plaintiff Schlund’s family, friends and witnesses; 5. The court order the removal and documentation of all implants in Plaintiff Schlund; 6. The court order an independent expert knowledgeable of the nature and types of electronic integrated systems used by the government for surveillance and torture of American citizens to advise the court of the government’s ability to torture Plaintiff Schlund electronically; 7. That independent experts F.R.C.P. 706 and a magistrate or reference be ordered by the court to conduct an in-depth Evidentiary Hearing relating to the methods and systems of surveillance and torture of Plaintiff Schlund as set forth in his Complaint and Motion herewith, for a determination of the factual basis asserted by Plaintiff Schlund and findings of fact and conclusions of law, with the expert’s and magistrate’s or references’ report, of findings being submitted directly to this court immediately upon the conclusion of the hearing; 8. That the government and any other person or entity shall also be restrained, and it is the obligation of the government to notify said individual/entity of the injunctive order terminating the torture of Plaintiff Schlund; 9. Any and all such further relief in the court’s discretion that is fair, just and equitable under the circumstances. Date: _____________________ By: _____________________________ Charles August Schlund, III Plaintiff Pro Per COPIES of this Motion mailed this _______ day of August, 2003 to: George W. Bush, an individual; and as President of the United States White House 1600 Pennsylvania Avenue N.W. Washington, D.C. 20500 Mr. John Ashcroft Attorney General of the United States 950 Pennsylvania Avenue N.W. Washington, D.C. 20530-0001 Office of the Solicitor General United States of America Department of Justice 950 Pennsylvania Avenue N.W. Washington, D.C. 20530-0001 U. S. Attorney’s Office Department of Justice 555 Fourth Street, NW, 10th Floor Washington, D.C. 20001 Office of the Inspector General United States of America Department of Justice 950 Pennsylvania Avenue N.W. Suite 4322 Washington, D.C. 20530-0001 U.S. Department of Justice Federal Bureau of Investigation J. Edgar Hoover Building 935 Pennsylvania Avenue Washington, D.C. 20535-0001 United States Department of Justice Drug Enforcement Administration Department of Justice Mail Stop: AXS 2401 Jefferson Davis Highway Arlington, Virginia 22301 United States Department of Justice Drug Enforcement Administration P.O. Box 28128 Washington, D.C. 20005 U.S. Department of Homeland Security Washington, D.C. 20528 By: ____________________________ www.ctrl.org DECLARATION & DISCLAIMER ========== CTRL is a discussion & informational exchange list. Proselytizing propagandic screeds are unwelcomed. Substance—not soap-boxing—please! 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