Martin F. Abernathy
Lawsuit -- Part5
Wed Aug 27 19:34:18 2003
138.16.136.150

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

• 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