Martin F. Abernathy
Lawsuit -- Part4
Wed Aug 27 19:33:19 2003
138.16.136.150

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.

• Lawsuit -- Part5 — Martin F. Abernathy, Wed Aug 27 19:34
• Lawsuit -- Conclusion — Martin F. Abernathy, Wed Aug 27 19:35
• How Can Other Victims Get Involved? — Bush/CIA/MAfia Mind Control Victim, Thu Aug 28 14:21
• How To Get Involved... — Martin F. Abernathy, Thu Aug 28 15:22