Hi all
I have
no idea if I am doing this right. :) I took some of the discussion and tried to smack together a complaint. Someone will likely have to at least add class action language. I will also link some useful data related to the adverse impact the practices and policies of Ohio had on it's black and low income voters.
Here is the original "Equal Protection argument" thread:
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=203x79652PLEASE, critique away! Keep up the good dicussion! :)
:) -G
-------------------------------------------------------------------
FIRST CAUSE OF ACTION FOR INJUNCTIVE RELIEF AGAINST ALL DEFENDANTS
1. Plaintiffs are individuals of majority, residents of the State of Ohio, and meet all legal requirements to cast a vote in the November 2, 2004, General Election.
2. Defendant State of Ohio is the governmental entity responsible for governance, policy and operations of the November 2, 2004, General Election.
3. Defendant Kenneth Blackwell is Ohio’s Secretary of State and has served as the honorary chairman of the Bush/Cheney campaign; positions with conflicting interests.
4. DOES 1-100 are responsible in some manner for the wrongdoing alleged herein. Plaintiff is ignorant of the true names of said Defendants, and will seek leave to allege same when known.
5. Each Defendant was acting as the agent or employee of the other Defendants in committing the wrongdoing alleged herein.
6. On or about November 2, 2004, Plaintiffs attempted to participate in the November 2, 2004 General Election.
7. On or about November 2, 2004, Defendants wrongfully denied Plaintiffs equal opportunity to participate in said election through uneven allocation of voting machines in heavily black precincts and lower income communities, which had an adverse impact on members of this class as fewer were able to cast a vote.
8. This wrongdoing was committed intentionally, maliciously, fraudulently and oppressively, with aims at suppressing voters of a protected class.
9. Since November 2, 2004,a series of informal hearings has taken place, under oath, documenting the numerous cases of voter suppression in minority precincts.
10. However, the Secretary of State has failed to remedy the systematic disenfranchisement of black and lower-income citizens.
11. Plaintiff has suffered and continues to suffer irreparable harm, unless and until an injunction is issued as prayed for herein.
12. Plaintiff has no plain, speedy and adequate remedy at law.
SECOND CAUSE OF ACTION FOR VIOLATION OF CIVIL RIGHTS AGAINST ALL DEFENDANTS
13. Plaintiff re-alleges paragraphs 1-12 above.
14. The wrongdoing alleged herein has interfered with Plaintiffs’ ability to participate in the Statewide election process and denied Plaintiffs’ civil rights in violation of the State Constitution and the Constitution of the United States.
THIRD CAUSE OF ACTION FOR NEGLIGENT INFLICTION OF MENTAL AND EMOTIONAL DISTRESS AGAINST ALL DEFENDANTS
15. Plaintiff re-alleges paragraphs 1-14 above.
16. As a direct and proximate result of Defendants’ wrongdoing as alleged herein, Plaintiffs have suffered painful mental and emotional distress.
17. This wrongdoing was undertaken negligently, without due care for the rights and feelings of Plaintiffs, who consequently are entitled to damages according to proof at trial, in an amount in excess of the minimum jurisdictional limit of this Court.
FOURTH CAUSE OF ACTION FOR INTENTIONAL INFLICTION OF MENTAL AND EMOTIONAL DISTRESS AGAINST ALL DEFENDANTS
18. Plaintiff re-alleges paragraph 1-17 above.
19. This wrongdoing was undertaken intentionally, willfully, maliciously, fraudulently, and oppressively, with wanton and reckless disregard for the rights and feelings of Plaintiffs.
20. This wrongdoing is heinous and shocking to the conscience of the community, entitling Plaintiff to an award of exemplary damages to punish the Defendants and deter future misconduct (except as to Defendant State of Ohio).
WHEREFORE, Plaintiff prays:
1. For an order preventing Defendants from certifying its electors, or otherwise acting on the results of the November 2, 2004 election, without allowing disenfranchised residents to cast a vote in the Statewide election process;
2. For an order to compell the State of Ohio to hold a new General Election in affected precincts, with an adequate number of working election machines that can be audited for accuracy.
3. For an order removing Secretary of State Blackwell from the remainder of the General Election process;
4. For general damages according to proof;
5. For special damages according to proof;
6. For punitive damages according to proof (4th Cause of Action only);
7. For attorneys’ fees and costs of suit; and
8. For such other relief as the Court deems just and proper.
Dated: December 1, 2004... or as close as we can get. :)
Printer-friendly format
Email this thread to a friend
Bookmark this thread
(879 posts)
Send PM |
Profile |
Ignore
