Peter Injured Petitioner

Post Office Box 1234

Your Town, CA 99999

(999) 999-9999 

Petitioner in pro per 
 
 

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

SAN DIEGO DIVISION 

Peter Injured Petitioner      )

                              )  Case No.:

                 Petitioner,  )

                              ) PLAINTIFF’S PETITION FOR                             

                              ) INJUNCTIVE RELIEF AND DAMAGES

                              ) [Civ. Code 527.8]

United States Department of   )

Health and Human Services,    ) Judge ___________

                              )

                 Respondent.  ) 
 

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.

RELIEF SOUGHT

   Petitioner seeks an order to enjoin respondent from administering mandatory vaccinations.

JURISDICTION

   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

   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.

PARTIES

  1. Petitioner, Peter Petitioner, is a natural person, and is, and at all times mentioned herein was, a resident of North County, San Diego, California.  The agency records described herein are situation in North County, San Diego, California.
  2. Respondent, United States Department of Health and Human Services, (herein described as “Respondent Agency”), is, and at all times mentioned herein was, a public health agency of the United States federal government.

FACTUAL ALLEGATIONS

  1. Petitioner has personal knowledge that Respondent Agency has a well-formed plan to act in a manner that will surely cause Petitioner serious bodily harm.
  2. The planned act complained of is to administer mandatory vaccines for all Americans pursuant to clauses in the Model State Health Emergency Powers Act PD51, and sections of the Patriot Acts, the John Warner Defense Act, and the SPP Agreement of 2005 between USA President Bush, Mexican President Vincente Fox, and Canadian Prime Minister Harper.

   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.

    REQUEST FOR HONORABLE COURT TO PROVIDE AN INJUNCTIVE ORDER

  1. For an injunction ordering Respondent to refrain from administering mandatory vaccinations;
  2. That the Court declare the respective rights and duties of the petitioner and respondent under the regulation in question and that by its declaration and judgment the court declare that the regulation has no application to petitioner, Peter Petitioner, in this matter; or, that, if it does, it is unconstitutional, invalid, and void;
  3. For a permanent injunction, enjoining respondent and their agents, servants, and employees, and all persons acting under, in concert with, or for them from administering mandatory vaccines;
  4. For costs of actual damages sustained by the petitioner, including damages for mental suffering [Civ. Code § 1798.48(a)].
  5. For the costs of the action together with reasonable attorney’s fees as determined by the court [Civ. Code § 1798.48(b)];
  6. For costs of the suit herein incurred; and,
  7. For such other and further relief as the court may deem proper.
 
 
 

Signed:_____________________________   Dated:_____________________ 
 
 

Signed:_____________________________   Dated:_____________________