Electronic Harassment+filed Lawsuit+San Francisco

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Donald Rose
58 West Portal Way, 312
San Francisco, California 94127
Northern States District Court
Northern District of California
Donald Rose,
Plaintiff,
vs.
City of San Francisco,
Gavin Newsom, Mayor San Francisco,
Joyce Crum , San Francisco, Director
of Homeless Services,
St Vincent de Paul Society, San
Francisco,
Stanley Raggio, President, Board of
Directors, St Vincent de Paul
Society,
Lessy Benedith, Director, MSC-South
Homeless Shelter,
Defendants
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Case No.: No.
42 U.S.C. Section 1983
Complaint.
Jury Trial Demanded
1.
JURISDICTION AND VENUE.
E victim of targeted
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The Court has Jurisdiction under 42 USC Section 1983. Venue is proper under
28 U.S.C. § 1391(b).
2.
EXHAUSTION OF ADMINISTRATIVE REMEDIES.
Plaintiff swears he is not a Pre-Trial Detainee, Sentenced Prisoner, or on
Probation or Parole, and Administrative Remedies are not available, nor
applicable in this cause of action.
3.
PARTIES.
Plaintiffs true name is Donald ( nmi ) Rose.
Plaintiffs physical address is mostly at 525 5th Street, San Francisco, Ca,
94107
Plaintiff is essentially homeless.
Plaintiffs mailing address is: 58 West Portal Ave 312, San Francisco, 94127
4.
DEFENDANTS.
The US Supreme Court has held that “ although the conduct of private parties
lies beyond the Constitutions scope in most instances, Governmental authority
may dominate a activity to such a extent that its participants must be deemed
to act with the authority of the Government, and as a result, be subject to
constitutional restraints “
Edmonson v leesville Concrete co, 500 U.S. 614,610 ( 1991 )
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Complaint - 3
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Defendants City of San Francisco, Crum, Newsome and undiscovered others have
transferred exclusive and total City of San Francisco authority to Defendants
Benedith, Raggio and the St Vincent de Paul Society, in order to evade
liability for Illegal Acts at MSC-South, and politically shield and distance
themselves from the “ Psychological Operations “ conducted at MSC-South
Homeless Shelter.
Gavin Christopher Newsom
Mayor, City of San Francisco
1 Dr Carlton B Goodlet Place
San Francisco, California 94102
Joyce Crum
Director of Homeless Services, City of San Francisco
1 Dr Carlton B Goodlet Place
San Francisco, California, 94102
St Vincent de Paul Society
169 Stillman Street
San Francisco, California 94107
Stan Raggio
President, Board of Directors
St. Vincent de Paul Society
169 Stillman Street
San Francisco, California, 94107
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Complaint - 4
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Lessy Benedith
MSC-South Homeless Shelter, Director
525 5th St, San Francisco, 94107
5.
LEGAL FRAMEWORK.
Plaintiff states that his claims of violation of Due Process, Equal
Protection and Cruel and Unusual Punishment are supported in part by the
following:
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 113C--TORTURE
Sec. 2340A. Torture
(a) Offense.--Whoever outside the United States commits or attempts
to commit torture shall be fined under this title or imprisoned not more
than 20 years, or both, and if death results to any person from conduct
prohibited by this subsection, shall be punished by death or imprisoned
for any term of years or for life.
(b) Jurisdiction.--There is jurisdiction over the activity
prohibited in subsection (a) if--
(1) the alleged offender is a national of the United States; or
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(2) the alleged offender is present in the United States,
irrespective of the nationality of the victim or alleged offender.
(c) Conspiracy.--A person who conspires to commit an offense under
this section shall be subject to the same penalties (other than the
penalty of death) as the penalties prescribed for the offense, the
commission of which was the object of the conspiracy.
(Added Pub. L. 103-236, title V, Sec. 506(a), Apr. 30, 1994, 108 Stat.
463; amended Pub. L. 103-322, title VI, Sec. 60020, Sept. 13, 1994, 108
Stat. 1979; Pub. L. 107-56, title VIII, Sec. 811(g), Oct. 26, 2001, 115
Stat. 381.)
United Nations Convention against Torture and other cruel, inhuman or
degrading treatment or punishment, G.A. Res 39/46, annex, 39 U.N. GAOR Supp (
no 51 ) at 197, U.N Doc A/39/51 ( 1984 ) Entered into force June 26 1987.
Universal Declaration of Human Rights, GA. Res 217, ( 111 ) U.N. Doc A/810 at
71 ( 1948 );
International Convention on Civil and Political Rights, G.A. Res 2200A,
( XXI ), 21 U.N. GAOR Supp ( No 16 ) at 52, U.N. Doc A/6316 ( 1966 ) 999
U.N.T.S. 171, Entered into force, March 23 1976.
6.
LONG TERM BACKGROUND.
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Plaintiff has been the continued victim of Ritual Harassment and Torture for
a period of over 9 years, at his Residences. This patten of assaultive
behavior, and use of high tech and conventional methods has followed
Plaintiff, to the MSC-South Homeless shelter. The Defendants are deploying
and directing Torture at the Plaintiff.
Plaintiff will develop materials at trial that establish the “ Techniques
used “ on “ the Plaintiff have been used in Illegal Behavioral Modification
programs in Logging camps, Hospitals, Jails and Prisons, Truck Drivers and
Large Ship Crews, as these Persons are socially isolated. Points of reference
for “ Normal “ behaviors are blurred or lost.
C.I.A. was demonstrated to use the same “ Techniques “ at a Mental Hospital
in Canada in the 1980's onward, as referenced in the book “ The Levesque
cases “. The government of Canada was found guilty at Trial in Canada, as
acting as a agent of the U.S.A. Government.
F.B.I. Was publicly noted to use the same “ Techniques “ publicly in the Waco
Tragedy. Open source materials record this beyond a shadow of a doubt.
The U.S.A. Department of Defense has also been noted to use in the Iraq
Conflict, ” Psychological Operations “ to the detriment of Physical and
Psychological health, causing permanent impairment. Including but not
limited to approximately 7.5 Hertz Sub-Audible Sound that induces Nausea,
Vomiting and severe Psychological Injury. Also, Microwave “ Poppers “ that
have little known function.
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Plaintiff alleges that the methods of ritualistic torture directed at his
person consists of Defamation of Character, Verbal Harassment, Death Threats,
Audible Sound techniques and other methods to be proven at Trial consisting
of methods that that been known to have been developed strictly to harass ,
psychologically injure, and physically injure human beings.
Plaintiff has suffered great Psychological and Physical injury from the
methods the Defendants have directed at him.
Plaintiff states he went to the Tenderloin Sub- Station for the San Francisco
Police Department in 2005 with documentation including Video and Audio tapes
containing information regarding Assaults and Harassment directed at him
while a resident of 55 Mason Street, San Francisco. He was told to leave the
Substation or be subject to arrest.
Plaintiff went to the F.B.I. Field Office in Long Beach, California in August
of 2001, and met with Special Agents there, he turned over Investigatory
Materials developed by 2 Private Investigators, One of which was was a
retired F.B.I Agent. These materials supported the claims of Ritual Torture
even as far back 2000. Plaintiff did not receive a Case Number, was never
formally interviewed by the F.B.I, and was never contacted after him
initiating contact. The Special Agents told the Plaintiff to leave.
The second time Plaintiff went to the United States of America, Department of
Justice, Federal Bureau of Investigation in 2005, at the F.B.I Field Office
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in San Francisco regarding ritual assault and harassment. Plaintiff was told
“ Come back with someone who can prove you are sane “. The Plaintiff wrote an
account of the Torture, Plaintiff brought a large amount of Audio, Video,
Notes, reports written by Plaintiff at time of occurrence, and Physical
Evidence. He was never contacted by the F.B.I San Francisco office. Special
Agents refused to examine or accept any of the evidence.
Plaintiff signed a Non-Disclosure agreement in 1974 with a arm of the United
States Government concerning activities Plaintiff was directed to conduct by
the United States.
Plaintiff alleges that his involvement with a undisclosed arm of the United
States Government has morphed into a Torture and Harassment Project, that is
now conducted by the named Defendants, the Torture project using the
constellation of techniques known loosely as ” Psychological Operations “ has
now spread into a widespread social Phenomena.
Plaintiff may need a separate Evidentiary hearing to ascertain the extent of
the “ Agreement “ and to determine if Plaintiff possesses Confidential,
Secret or Top Secret materials belonging to the United States Government.
Plaintiff has no actual knowledge of possession of these
“ Materials “. Plaintiff has no intent whatsoever to disclose any potential
“ Materials “.
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Plaintiff was never provided a copy of the “ Agreement “ and cannot remember
the wording or exact contents as the Plaintiff was 18 years old at the time
of signing. Plaintiff alleges the persons he signed the “ Agreement “ with
were probably were operating under O.C. “ Official Cover “ of the United
States Government, and misrepresented the Agency they were associated with,
and most probably totally misrepresented the actual reason for approaching
the Plaintiff.
Plaintiff has been subjected also to Harassment, and unusual attention by
several Police and Sheriffs departments over the past Ten Years.
During the period of November 1994 and 2001 Plaintiff noticed numerous white
cars parked outside his residence, that were not associated with Residents of
his neighborhood.
Also Plaintiff observed numerous Electronic devices mounted to Utility
Structures over the last Ten years, that were not consistent with normal
Utility Installations.
Plaintiff is currently, and in the past has been a Resident and Tenant of the
MSC-South Homeless Shelter.
The named Defendants solely and in conspiracy, have allowed Techniques that
Harass and Injure Human beings to be deployed at the MSC-South Homeless
Shelter. The “ Care not Cash “ Program as engineered by Defendant Newsome
and the City of San Francisco, has forced the Defendant and other persons to
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use the City of San Francisco Homeless Shelter system exclusively. Recent
surveys conducted among City of San Francisco Homeless Shelter residents, run
in the 20% to 30% of respondents indicating “ Abusive “ Staff.
Most Residents do not have a adequate Scientific Background to even suspect
Technologically based “ Psychological Operations “ are being deployed against
them.
Plaintiff expects the Defendants to also implicate United States Government
personnel and potentially Defense Contractors, as being involved and
directing Human Experimentation at the San Francisco City Homeless Shelter
system, without gaining Informed Consent of the individuals involved.
Plaintiff has been repeatedly assaulted at MSC-South Homeless Shelter by
conventional and High-Tech methods, from a period of time May 05 2008 until
the date of this filing.
Plaintiff has intermittently stayed at the MSC-South Homeless Shelter , and
will produce evidence showing so.
Plaintiff has been the victim of Targeted Verbal Harassment, by the staff of
MSC-South and others that the staff of MSC-South has directed.
7.
STATEMENT OF CLAIM.
E victim of targeted
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COUNT ONE
Plaintiff alleges between May 06, 2008 and March 27, 2009 Defendants and
undiscovered other persons and entities solely and in a conspiracy deprived
Plaintiff of his right to Due Process of Law,numerous times, under Article
Six, United States Constitution, Bill of Rights by applying Torture using the
constellation of techniques known as “ Psychological Operations “.
COUNT TWO
Plaintiff alleges between May 06, 2008 and March 27, 2009 Defendants and
undiscovered other persons and entities solely and in a conspiracy deprived
Plaintiff of his right to be free of Cruel and Unusual punishment,numerous
times, under Article X, United States Constitution, Bill of Rights by
applying Torture, causing Physical and Psychological damage to the Plaintiff,
using the constellation of techniques known as “ Psychological Operations “.
COUNT THREE
Plaintiff alleges between May 06, 2008 and March 27, 2009 Defendants and
undiscovered other persons and entities solely and in a conspiracy deprived
Plaintiff of his right to be free of equal protection ,numerous times, under
Article 11 , United States Constitution Bill of Rights by applying Torture,
causing Physical and Psychological damage to the Plaintiff, using the
constellation of techniques known as “ Psychological Operations “.
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8.
REQUEST TO FILE AMENDED COMPLAINT.
Due to Plaintiff's indigence and the potential involvement of the United
States Of America, Plaintiff request the right to file a amended complaint as
additional Defendants may come to light. Also, Technical Instrumentation
that can be classed as a Military Munition, under U.S.C. Title 50, may be
necessary to survey the area of MSC-South and the surrounding properties.
9.
REQUUEST FOR RELIEF.
The Plaintiff respectfully requests that the Court grant the following relief:
A. Compensatory damages in a amount to be proven at Trial, but in a amount
over 200,000 dollars.
B. For Punitive and exemplary damages to be proven at Trial, if allowed under
this cause of action.
C. For Reasonable Attorney's fees and cost of Suit.
D. For other relief as the Court deems Fair and Just.
JURY TRIAL DEMAND.
A Jury Trial is demanded on all triable issues.
E victim of targeted
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Dated,
March 27, 2009
Respectfully Submitted,
Donald Rose, Pro-Se
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_________________________ Dated this 16th of March, 2009
Judge
Donald Rose
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