Peter Injured Petitioner
Post Office Box 1234
Your Town, CA 99999
Petitioner in pro per
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
SAN DIEGO DIVISION
Peter Injured Petitioner )
) Case No.:
) PLAINTIFF’S PETITION FOR
) INJUNCTIVE RELIEF AND DAMAGES
) [Civ. Code 527.8]
United States Department of )
Health and Human Services, ) Judge ___________
PETITION FOR INJUNCTIVE AND DECLARATORY RELIEF AND DAMAGES
Petitioner, Peter Injured Petitioner, brings this action pursuant to Civ. Code 527.8, for wrongful intent to cause bodily harm, against Respondent, United States Department of Health and Human Services, and in particular, for intending to administer mandatory vaccinations for all American citizens, in violation of the First Amendment to the United States Constitution.
Petitioner seeks an order to enjoin respondent from administering mandatory vaccinations.
Jurisdiction is conferred upon this court pursuant to Title 28 U.S.C.A. § 1331, which authorizes original jurisdiction on the district court of all civil actions arising under the Constitution, laws and treaties of the United States.
Jurisdiction is also conferred upon this court pursuant to Title 28 U.S.C.A. § 1343(c)(4), which grants jurisdiction to the district court of any action to recover damages or to secure equitable or other relief under any Act of Congress providing for the protection of civil rights.
Jurisdiction also exists pursuant to Title 28 U.S.C.A. § 1367(a), which authorizes jurisdiction over state law claims that one so related to the other claims in this lawsuit that they form part of the same case and controversy.
Venue is proper pursuant to Title 28 U.S.C.A. § 1391(e), which authorizes that a civil action may be brought in a judicial district in which a substantial part of the vents or commissions gives rise to a civil rights claim.
5. The threatened bodily harm is irreversible serious injury or death.
6. Respondent Agency alleges, by its own statements, that the planned vaccination program effectively protects the public-at-large from infection from the model (A)H1N1 virus.
7. Genetic and molecular studies reveal that the recombinant nature of H1N1 to acquire new genes from its hosts through polymorphisms, combined with the high rate of speed with which H1N1 replicates which is almost three times the replication rate of any virus in history, means that to create any vaccine against H1N1 or any recombinant strain, within the timeframe that the current vaccine manufacturers have prepared vaccines for use by Respondent Agency, is not possible.
8. There exists no peer-reviewed factual data that any of Respondent’s proposed vaccines have any effect in protection against viral infections, while much factual data exists to show that historically vaccines have contained known deadly toxins and unknown untested toxins.
9. One vaccine manufacturer, Illinois-based Baxter Labs, has been evidenced to have “accidentally” shipped contaminated samples containing live H5N1 Avian Bird Flu viral pathogens from its Austrian branch to 3 neighboring European communities in February 2009, including the Czech Republic where the contaminated samples were given to ferrets which died after vaccination. Subsequent charges have been filed and an investigation is underway.
10. Respondent Agency has publicly announced that schools, first responders and military will be among the first to be vaccinated, and Respondent will be operating as a proxy for US transfer of Pandemic Preparedness and Medical Martial Law under direction of the WHO pursuant to the Model State Health Emergency Powers Act, as Pandemic Level 6 has been declared by the World Health Organization (WHO) as of 11 June 2009.
11. Respondent Agency has publicly announced that vaccination programs are poised to start as soon as contracted vaccine manufacturers have stocks available to Respondent as early as August 2009.
12. H1N1 was created in a laboratory at Fort Detrick, Maryland beginning in 1997 by Jeffrey Taubenberger and ending in 2004 starting with samples from carcasses dug up in the permafrost from the 1918 Spanish Flu pandemic and incorporating asian avian genetics as well as swine genetics.
13. Mandatory Swine Vaccination from Respondent in the years 1975 and 1976 caused between 30 to 60 human fatalities, and irreversible Guillaine-Barre ascending paralysis in over 500 US citizens, and other major and delayed autoimmune disorders. Legal settlement of a US Class Action suit was successful against Respondent in 1976 for the US Federal Swine Flu Vaccine Program.
14. The threat is imminent because of clauses in the Model State Emergency Powers Act and statements made by the head of the Respondent Agency, HHS Secretary Kathleen Sebelius, and United States President Obama.
15. An action for money damages alone is insufficient to restore Petitioner to his status quo ante after the threatened harm because irreversible serious injury or death cannot be remedied financially.
16. The threatened harm to Petitioner, Peter Petitioner, outweighs any substantial harm to the Respondent because to mandate any vaccinations will cause irreversible injury or death to Petitioner, whereas to not mandate any vaccinations will cause no physical harm to Respondent.
17. There is no substantial public interest that will be contravened by this Honorable Court issuing an injunction favoring this particular Petitioner.
18. There is a substantial likelihood that Petitioner will prevail in this action, because the facts obtained in the record by discovery will reveal that Respondent Agency has knowingly conspired, along with other federal, non-government and foreign agencies, to mandate a harmful and potentially fatal vaccine program on the American public-at-large, in violation of Respdent Agency’s own mission statement, in which HHS “is the United States Government’s principal agency for protecting the health of all Americans.”
19. There is a substantial likelihood that Petitioner will prevail in this action, because the facts obtained in the record by discovery will reveal that toxic adjuvants and other harmful technologies are contained in vaccines supplied to Respondent Agency by Respondent Agency’s vaccine suppliers.
20. The United States Department of Health and Human Services is a public health agency of the United States federal government.
21. A temporary injunction is necessary to protect Petitioner and US Citizens and Residents of California from the threatened harm.
REQUEST FOR HONORABLE COURT TO PROVIDE AN INJUNCTIVE ORDER
WHEREFORE, Petitioner moves this Honorable Court to enter an ordering enjoining Respondent HHS Health and Human Services, a United States Federal Agency, from executing a Mandatory Vaccination Program, and granting such other and further relief as circumstances may warrant:
I, Peter Petitioner, am the petitioner in the above-entitled action. I have read the foregoing petition and know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein alleged on information and belief, and as to those matters, I believe it to be true.
I declare under penalty of
perjury under the laws of the State of California that, the foregoing
is true and correct.