Académique Documents
Professionnel Documents
Culture Documents
Caterbone
ADVANCED MEDIA GROUP
Freedom From Covert Harassment &
Surveillance,
Registered in Pennsylvania
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Defendants
TABLE OF CONTENTS
1. EXECUTIVE SUMMARY Cover Page
1. Executive Summary
2. Updates for Executive Summary October 10, 2015
3. History of Federal Whistleblowing Case and Targeted Individual
4. ISC Players and The Courts and the United States Legal System
5. Family History
6. PROPOGANDA and The Public Record
7. Is Lancaster County Ground Zero for U.S. Sponsored Mind Control
8. Affidavit of Enjoinment of October 10, 2015
9. 29 FALSE ARRESTS 1987 to 2015
10. Drogannetti Act Claim
11. ILLEGAL NO-TRESPASS NOTICES
12. Stan Caterbone's Notorized Affidavit for FFCHS September 16, 2010 Redacted Version
13. Stan Caterbone's Detailed Victimization Affidavit of 2010
14. Samuel P Caterbone US Sponsored Mind Control Affidavit 1996
15. Sammy A. Caterbone Affidavit of US Sponsored Mind Control 1991
16. Sammy A. Caterbone 1982 CONSERVATORSHIP in Santa Barbara
2. ANTI-STALKING LEGISLATION by Advanced Media Group Press Release July 4,
2015
1. Letter from Pennaylvania Representative Mike Sturla re Organized Stalking Bill of June
8, 2009
2. Notarized Affidavit for Press Release and Executive Summary of November 28, 2015
3. Letter from Kansas State Representative and Author Jim Guest to TI's
4. Proposed Legislation
5. Richmond California Ban on Space Based Weapons May, 2015
3.
5. Case Law
1. Federal Sovereign Immunity Harvord Law School Federal Budget Policy Seminar
2. The Pennsylvania Castle Doctrine
3. U.S. Intellectual Property Law
4. RICO - Racketeer Influenced and Corrupt Organizations Act
5. United States Bill of Rights
6. The Legal Prohibition Against Torture
Stan J. Caterbone
ADVANCED MEDIA GROUP
1250 Fremont Street
Lancaster, PA 17603
scaterbone@live.com
717-669-2163
Federal Whistleblower
and
Targeted Individual (Victim)
of U.S. Sponsored Mind Control
Executive Summary
Updated on October 10, 2015
I remain,
Stan J. Caterbone
PRIVILEGED AND CONFIDENTIAL: Stan J. Caterbone, Pro Se Litigant, and the Advanced Media
Group are victims of U.S. Sponsored Mind Control and has been engaged in litigation in both
Federal and State courts seeking financial remedies and a resolution of his Civil Liberties and
his Constitutional Rights. In 1987 Stan J. Caterbone, while managing the financial firm the he
founded, Financial Management Group, Ltd., Stan J. Caterbone became a Federal Whistleblower
when, as a shareholder, he claimed fraud and misconduct within the international arms dealer
and local start-up International Signal & Control, Plc., Some 4 years later ISC was indicted and
plead guilty to the 3rd largest fraud in U.S. history, some $1 Billion and selling arms to Irag via
South Africa. In June of 2015 Stan J. Caterbone became the Movant in the U.S. District Court
for the Eastern District of Pennsylvania case No. 5:14-cv-02559-PD for the Habeus Corpus
Petition of Lisa Michelle Lambert. The case is now before the U.S. Third Circuit Court of
Appeals, Case No. 15-3400.
Advanced
Stan
STAN
CATERBONE
Stan
J.J.Caterbone
J.CATERBONE
Medi
Media
Caterbone
v.Group
United
The
Grop
Group
Executive
Executive
United
Press
v.
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States
United
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EXECUTIVE SUMMARY
copyright 2009
Ya know what, I am beginning to analyze this War on Terror and am having difficulty understanding
it all. To me the most effective fundamental fight against Extreme Terrorism is to reduce the motive; or the
Hatred Against America. No one seems to talk about that subject. How do we reduce that Hatred Towards
America and the West?
See, from my perspective, my situation is very disturbing. I mean we have the United States Torturing Me, a
U.S. Citizen for no good or valid reason. I have warned EVERYONE about using my situation to feed this
HATRED towards America.
Low and behold a week or so ago I have had several Muslims sign up as Followers to my
www.scribd.com/amgroup01 online webspace, which I use to post documents. The following being the most
prominent IKWAN Scope, "The Largest Muslim Brotherhood's Scope on the Web":
http://ikhwanscope.net/main/
There have also been several Muslim individuals who signed up as followers around the same time, a week
or so ago. They have also signed up as followers on my www.twitter.com/StanCaterbone webspace.
You must understand, I am a VERY Patriotic Person and live a very patriotic life - I believe in the
U.S. Constitution and Our Founding Father's vision for America; I support Our Military and our
Troops; I believe in the Rule of Law; I am a Practicing Catholic, and have been my whole life; I
Believe in the TRUTH; I believe in Right v. Wrong; Good v. Evil; and finally I believe in God. What
do you believe in?
Posted on the Yahoo Fulton Bank Stock Message Board, January 7, 2010
Date Updated:
Date Completed:
Date Initiated:
Stan J. Caterbone
Advanced Media Group
scaterbone@live.com
www.amgglobalentertainmentgroup.com
Advanced
Stan
STAN
CATERBONE
Stan
J.J.Caterbone
J.CATERBONE
Medi
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Caterbone
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United
The
Grop
Group
Executive
Executive
United
Press
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Psychiatric Commitment of April 2010 by Detective Clark Bearinger, until January of 2015, Stan J.
Caterbone and Advanced Media Group had been in seclusion and in a state of rehabilitation and
rest due to the forced medication by Fairmount Behavioral Hospital and Dr. Silvia Gratz.
The
psychotropic drugs reduce your motor skills and put you in an extreme state of confusion.
By
the
end
of
the
summer
of
2010
every
social
media
site,
including
the
In May Stan J. Caterbone had again endured the Attacks and Torture from the
employees of the Lancaster County Courthouse, and the Lancaster County Government Building.
Then soon after the Residents of Lancaster County engaged in a massive Organized Stalking
Campaign. In addition an extreme Computer Hacking Campaign was initiated and executed in
an effort to again SILENCE Stan J. Caterbone and Advanced Media Group.
Lancaster City Police Department took the lead role. As usual Stan J. Caterbone summoned state
and federal authorities for help and assistance, including direct communications with the White
House, the Federal Bureau of Investigation, the Pennsylvania Attorney General's Office and
Kathleen Kane, The Pennsylvania State Police, the Pennsylvania General Assembly, several U.S.
Congressmen, and of course the Lancaster County District Attorney's Office.
Since August 1,
2015 the Geek Squad had performed diagnostics and repairs six (6) times due to computer
hacking. On at least 2 occasions the entire hard drive had to be wiped clean and restored.
On June 23, 2015 Stan J. Caterbone was named MOVANT in the 2014 Habeus
Corpus Petition by Lisa Michelle Lambert, Case No. 14:02559 in the U.S. District Court
for the Eastern District of Pennsylvania after filing an Amicus on the case. Judge Paul
Diamond was presiding since it's filing in 2014. However, the Petition was not able to
be granted and the case was stalled on jurisdictional law based on new and compelling
evidence, or lack there of.
In fact a working theory was filed that suggested that the East Lampeter
Advanced
Stan
STAN
CATERBONE
Stan
J.J.Caterbone
J.CATERBONE
Medi
Media
Caterbone
v.Group
United
The
Grop
Group
Executive
Executive
United
Press
v.
Press
Executive
States
United
Summary
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States
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Lisa Michelle Lambert, or grant her her Habeus Corpus, and whether to grant Summary
Judgment to Stan J. Caterbone in all civil actions in both state and federal courts.
Two weeks later, on July 9, 2015, Detective Clark Bearinger filed another fabricated
Petition for Involuntary Psychiatric Commitment. And again Stan J. Caterbone endured 7 days in
the Fairmount Behavioral Hospital in Philadelphia.
no
MANDATORY Treatment Program Ordered by the Lancaster County Court of Common Pleas.
So Stan J. Caterbone continued filing in the courts for assistance and resolution. In August, in a
desperate attempt to stop the local torture campaign, another Emergency Injunction was filed in
the Lancaster County Court of Common Pleas. On August 6, 2015 Stan J. Caterbone went so far
as to undertake a Professional Polygraph Test administered by Bonnie Lee of Polygraph Solutions
of West Chester, Pennsylvania. The test ended up being 4 grueling hours of torture and a scam of
$600.00.
On July 9th , 2015 a Private Criminal Complaint was filed against Detective Clark Bearinger,
Officer Williams, Officer Binderup, and 2 unidentified patrolman.
Department were so desperate for retaliation from the Amicus filing in the Lisa Michelle Lambert
case, that they actually broke the door in of 1250 Fremont Street in order to execute the
fabricated 302 petition. The Complaint was denied by the Lancaster County District Attorney on
August 8th . The Complaint is now under a Petition for Review by the Lancaster County Court of
Common Pleas.
On August 17, 2015 another Emergency Injunction for Relief was filed in the Lancaster
County Court of Common Pleas, Case No. 15-06985. The Injunction was heard by Judge Jeffrey
Wright, who dismissed it as frivolous. An appeal, MD 1561, is pending in the Superior Court of
Pennsylvania.
In addition, by September 26, 2015 Stan J. Caterbone had been granted Electronic Filing
Privileges in the local, state, and federal courts. This should alleviate the fraud and abuses of the
U.S. Postal Service and the computer hackers.
In 2015 Stan J. Caterbone identifies a trend that suggests that the Lancaster County
community-at-large was subject to either community targeting or community hypnosis.
The
community targeting theory is supported by experts Jullianne McKinney, Cheryl Welsh, and Dr.
John Hall. The community hypnosis theory is supported by direct personal relationships with the
Amazing Kreskin, Samuel P. Caterbone and Stan J. Caterbone.
Advanced
Stan
STAN
CATERBONE
Stan
J.J.Caterbone
J.CATERBONE
Medi
Media
Caterbone
v.Group
United
The
Grop
Group
Executive
Executive
United
Press
v.
Press
Executive
States
United
Summary
Release
States
Release
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Summary
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of America,
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Caterbone, was most likely a target dating back to the early 1960's. In addition, the death of
Samuel P. Caterbone on July 20, 2001 was confirmed to be that of murder, not natural causes.
In the early 1990's Dr. Phillip Caterbone, brother, had been solicited by the National
Institute of Health, or NIH in Washington, D.C., for a fellowship to research and catalog a study to
find a genetic marker for depression in the CATERBONE family.
descendants and relatives of my father, Samuel P. Caterbone, Jr., and took blood samples. I am
alleging that this was a deliberate act to continue the cover story of mental illness to distract and
provide plausible deniability for any linkage to U.S. Sponsored Mind Control.
Advanced
Stan
STAN
CATERBONE
Stan
J.J.Caterbone
J.CATERBONE
Medi
Media
Caterbone
v.Group
United
The
Grop
Group
Executive
Executive
United
Press
v.
Press
Executive
States
United
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HISTORY
In 1987 Stan J. Caterbone went public with allegations of fraud within International Signal
and Control, or ISC as they were commonly referred.
Chem Con officials (an ISC/James Guerin straw company), and as a shareholder of record since
1983 of ISC, Stan J. Caterbone had a meeting with an ISC executive on June 23, 1987, which
resulted in a 22 year legal odyssey. The discussions involved a joint venture with his company,
Financial Management Group, Ltd., or FMG, Ltd., but ended in disclosure of his recent public
allegations of fraud. Four years later, ISC founder and chairman James Guerin, and other officials
and companies pleaded guilty to a $1 Billion Dollar Fraud and export violations including the
selling of arms through South Africa to Iraq and Sadaam Hussein.
influence and public corruption had been used to cover-up the activities and Federal False Claims
Act violations of Stan J. Caterbone for the next eighteen years. There ensued a total blockade of
all United States Courts for all redress and remedy available in accordance with federal, state, and
local laws.
This included recovery of his business interests; intellectual property; real estate;
personal and business real property; his unblemished and impressive reputation; and his most
valuable asset - the ability to produce income. This might be legally referred to as the Right-ToWork under federal statutes.
investment or developed a business that did not make a profit over the next 22 years.
This
includes two real estate properties that were illegally seized through foreclosure proceedings.
Since 1987 Stan J. Caterbone has been a prisoner and enemy of the state.
ISC was a
Department of Defense (DOD) Contractor and a partner with United States Intelligence Agencies
since it's beginings in the early 1970's. One of it's first contracts was Project X with the National
Security Agency or NSA of Ft. Meade, Maryland.
In summary, the following are facts and part of the public record regarding
SIGNAL & CONTROL OR ISC:
INTERNATIONAL
Once the third (3rd) largest employer in the County of Lancaster, Pennsylvania, with
over 5,000 employees.
James Guerin, founder and CEO was once the largest philanthropist to charitable
organizations in the County of Lancaster, Pennsylvania.
The ISC/Ferranti Scandal was the third (3) largest white-collar fraud within the United
States as of 1992.
Advanced
Stan
STAN
CATERBONE
Stan
J.J.Caterbone
J.CATERBONE
Medi
Media
Caterbone
v.Group
United
The
Grop
Group
Executive
Executive
United
Press
v.
Press
Executive
States
United
Summary
Release
States
Release
Summary
ofStates
Summary
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of America,
of America,
et.al.,
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The following are some of the public officials and politicians associated with ISC:
George H.W. Bush, former U.S. President, and Director of the Central Intelligence
Agency (CIA).
Robert Gates, former Director of the Central Intelligence Agency (CIA) and current
Secretary of Defense.
Bobby Ray Inman, former Board of Directors if ISC, former Director of the NSA, and
currently associated and directly involved with Mind Control Research organizations.
Alexander Haig, former U.S. Secretary of State, and ISC lobbyist and Board of
Directors?
Carlos Cardoen/Cardoen Industries, a joint venture partner with ISC and arms
merchant for the cluster bomb who eventually sold to Iraq and other Middle Eastern
Countries under U.S. sanctions.
ISC was credited with the design of the cluster bomb, and has patents filed in the U.S.
Patent Office.
In 1987 ISC completed the merger with the 3rd largest defense contractor of Great
Britain, Ferranti International; who paid $1 billion dollars for ISC and all of it's
subsidiaries.
ABC News/Financial Times aired 3 episodes on ABC Nightline with Ted Koppel
regarding the ISC/CIA defense weapons; technologies; and cluster bombs to Iraq
story and lead into the allegations that then nominee for the Director of CIA Robert
Gates was involved with ISC and the selling of arms to Iraq.
ABC News 20/20 aired a story on the ISC/CIA efforts to sell cluster bombs to Saadam
Hussein and Iraq on February 1, 1991 days after the start of the Persian Gulf War I,
with the initial bombing raid destroying a cluster bomb factory built in Iraq by
Carlos Cardoen.
On July 1st and 2nd of 1987 Stan J. Caterbone solicited the legal counsel of Lancaster
Attorney Joseph Roda for counsel regarding, FMG, Ltd., International Signal &
Control (ISC); Commonwealth Bank, etc., and was billed for his services. Joseph
Roda did absolutely nothing but refute Stan J. Caterbone's claims and would not
believe him.
Advanced
Stan
STAN
CATERBONE
Stan
J.J.Caterbone
J.CATERBONE
Medi
Media
Caterbone
v.Group
United
The
Grop
Group
Executive
Executive
United
Press
v.
Press
Executive
States
United
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investigation into ISC was still ongoing. It is not known whether it has closed or not. All of these
activates constitute a RICO crime due to the pattern and organization of the perpetrators. The
pattern and source of the activities can be traced back to 1987, with subgroups changing over
time, but still engaging in the same practices. The following plan of action was followed in order
to perpetrate the cover-up:
Totally discredit Stan(ley) J. Caterbone and any and all allegations in every way
possible.
Somehow persuade the community of Lancaster County to buy into this plan of
action through money, favors, etc.,
Always keep attorneys and anyone remotely involved with the legal community
away at times when efforts for justice are pursued.
When attempts to enter the U.S. legal system arise, isolate, harass, and extort
any monies and/or possessions of value.
Advanced
Stan
STAN
CATERBONE
Stan
J.J.Caterbone
J.CATERBONE
Medi
Media
Caterbone
v.Group
United
The
Grop
Group
Executive
Executive
United
Press
v.
Press
Executive
States
United
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twenty attorneys, some from large firms with national recognition in their respective fields of
specialties. Attorneys from New York City to Santa Barbara and San Diego California were visited
and consulted as well as a group of ex FBI agents who specialized in white collar crime that are
now globally recognized. However, the money and influence of persons and entities that wanted
these issues silence always prevailed. The issues were so complex and convoluted, and involved
such high profile politicians and U.S. agencies, it was far easier to state that there was no case, or
their were no claims that would result in remedy or redress. Between the Republican Party and
the Department of Defense, the CIA and the NSA, there was not an attorney that could not be
influenced. The obstruction of justice and due process in this case is most likely unprecedented in
nature and in malice.
However in 2005 that all changed when Stan J. Caterbone appeared as a pro se litigant
representing himself, without any counsel, in the United States District Court for the Eastern
District of Pennsylvania in CATERBONE v. The Lancaster County Prison, et. al., or case no. 05-cv2288.
This case is still not settled and has been withdrawn by plaintiff Stan J.
Caterbone in October of 2008 after a successful ruling in the U.S. Third Circuit Court of
Appeals (07-4474) in September of 2008. The case will be continued upon the security
of evidence and the cease and desist of obstruction of justice and due process. On May
16, 2005 at the Federal Courthouse in Philadelphia, Stan J. Caterbone filed the case under seal.
One week later in the United States Bankruptcy Court for Eastern Pennsylvania in Reading,
Pennsylvania, again appearing as pro se, Stan J. Caterbone filed a petition for protection under
the Chapter 11 Bankruptcy Code, in case no. 05-23059.
These acts of entering the United States legal system with these issues triggered yet
another round of attempts to keep these cases from the courts and judges - Organized Stalking
with Directed Energy Devices and Weapons, built on a foundation of mental telepathy or total
Mind Control.
Advanced
Stan
STAN
CATERBONE
Stan
J.J.Caterbone
J.CATERBONE
Medi
Media
Caterbone
v.Group
United
The
Grop
Group
Executive
Executive
United
Press
v.
Press
Executive
States
United
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Remote Viewers may have attempted to connect in a more direct and continuous way
without success.
In 2005 the U.S. sponsored mind control turned into an all-out assault of mental
telepathy; synthetic telepathy; and pain and torture through the use of directed energy devices
and weapons that usually fire a low frequency electromagnetic energy at the targeted victim.
This assault was no coincidence in that it began simultaneously with the filing of the federal action
in U.S. District Court, or CATERBONE v. Lancaster County Prison, et. al., or 05-cv-2288.
This
assault began after the handlers remotely trained Stan J. Caterbone with mental telepathy. The
main difference opposed to most other victims of this technology is that Stan J. Caterbone is
connected 24/7 with a person who declares that she is Interscope recording artist Sheryl Crow of
Kennett Missouri. Stan J. Caterbone has spent 3 years trying to validate and confirm this person
without success. Most U.S. intelligence agencies refuse to cooperate, and the Federal Bureau of
Investigation and the U.S. Attorney's Office refuse to comment.
more information.
In 2006 or the beginning of 2007 Stan J. Caterbone began his extensive research into
mental telepathy; mind control technologies; remote viewing; and the CIA mind control program
labeled MK ULTRA and it's subprograms.
Advanced
Stan
STAN
CATERBONE
Stan
J.J.Caterbone
J.CATERBONE
Medi
Media
Caterbone
v.Group
United
The
Grop
Group
Executive
Executive
United
Press
v.
Press
Executive
States
United
Summary
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FAMILY HISTORY
If you listen to the propaganda machine and the community of Lancaster County,
Pennsylvania, including professionals, the family history of Stan J. Caterbone goes something like
the following:
Father, Samuel Caterbone, Jr., Schizophrenic who ran out on his family
because of nervous breakdowns while trying to run a small dry cleaning
business.
He traveled the world looking for the Blessed Mother Mary and
Brother, Samuel A. Caterbone, suffered from the very same illness has his
father, Schizophrenia, who finally killed himself trying to live in California.
Brother, Thomas W. Caterbone, suffered from the very same mental illness as
his brother, Stan J., Bipolar Mood Disorder, who ran a lawn business and
finally committed suicide at an early age.
Stan J. Caterbone, suffered from Bipolar Mood Disorder, or Manic Depression and
had a nervous breakdown in 1987 trying to compete in the financial services
industry. When he has his nervous breakdowns, he always threatens to sue
everyone in court and is deeply paranoid in thinking the whole world is
against him. He always spends all of his money during his fits of mania and
has delusions about his success as a businessman.
The Family History was formulated back in the 1960's when Samuel Caterbone, Jr.,
father of Stan J. Caterbone, became engaged in a black budget mind control program that began
during his service in the United States Navy as a radioman and air gunner.
Samuel Caterbone,
Jr., was most likely a direct product of MK ULTRA or one of it's subprograms. His brother, Samuel
A. Caterbone, was most likely part of the LSD experiments of MK ULTRA. Stan J. Caterbone is
most likely part of a program sponsored by the Department of Defense Agencies, such as DARPA
or the Defense Intelligence Agency (DIA). The facts of Stan J. Caterbone's intimate discussions
with both his father and brother over the years before they died, the totality of documents that
were preserved in their estate, including service records; letters; official court papers; high school
documents; and the like - all will prove that they were in fact part of MK ULTRA or one of it's
subprograms.
Advanced
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STAN
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The following are the facts and the real record of the family history:
Samuel P. Caterbone, Jr., (Father) served in the Navy from 1943 to 1946 and
graduated with honors from Air Gunners School in Jacksonville, Florida. He was an exceptional
student/athlete while attending Lancaster Catholic High School, participating in the band as well
as sports. He was also his senior class secretary/treasurer. After the Navy, he went on to build a
successful dry cleaning business, which he is credited with inventing a filtration system for the
solvents.
He also developed a very good investment in real estate along the Manheim Pike,
owning several properties. By his own writings and from his personal accounts to me, he was
definitely a remote viewer or data miner for some U.S. Agency with telepathic abilities.
His
viewing is documented to have begun back in the early 1970's. He also suffered from organized
stalking, and was considered an enemy and prisoner of the state. Back in the 1960's, he was a
world traveler, this is documented by his passports. Samuel P. Caterbone, Jr., may have been a
covert carrier for someone in intelligence. Samuel P. Caterbone, Jr., had his mental health history
laced with electro shock therapy. Electro Shock Therapy Experiments is another subprogram of
MK ULTRA. In addition, and especially disturbing is his criminal record with the Lancaster City
Police Department and the Lancaster County Court of Common Pleas.
In 1973 Samuel P.
Caterbone, Jr. was convicted of forging a 2 checks from the Caterbone Cleaners, Inc., checking
account.
The one check to Joe the Motorists Store at the Manor Shopping Center was never
entered into evidence, it was for a total of $70.00. The other check was made out to Lancaster
Attorney James Coho for $200.00 with "divorce proceedings" written in the memo. This was his
only criminal record. Samuel P. Caterbone, Jr., was sentenced to one year probation by President
Judge William Johnstone.
wrote an ORDER releasing him from probation and ordering him to "leave the vicinity of the
County of Lancaster, Pennsylvania". The President Judge of Lancaster County Court of Common
Pleas literally threw my father out of Lancaster County for forging 2 checks from his own
corporation. In 1987 I was arrested for stealing my own files from my own company, Financial
Management Group, Ltd., You can research the life of Candy Jones and Kate O'Brien to learn more
on this topic. Samuel Caterbone, Jr., has left enough writings and documentation to know that his
life fits the model for targeted individuals, complete with economic ruin, isolation, disenfranchised
from family and friends, and of course a fabricated mental illness history. You can view most of
his record online.
The estate was probated in November of 2000. Some two weeks later, on Memorial Day Weekend
of 2001, he had called me to come to New York City to help care for him.
He was in perfect
health until this time. In a matter of six (6) weeks he had succumbed to lung cancer. As per
Julianne McKinney,
former intelligence officer for the U.S. Army and victim activist of U.S.
Sponsored Mind Control, the weapons are lethal enough to kill and the one thing that I worry
Advanced
Stan
STAN
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Stan
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J.CATERBONE
Medi
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v.Group
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about is that of dying of cancer (paraphrase). There is no doubt now that my father's death was
a murder, not natural.
Samuel A. Caterbone, (Brother) served in the United States Air Force in 1968 to 1970.
In 1991, Stan J. Caterbone accused the United States Government of using his brother, Samuel
A. Caterbone for part of the LSD experiments on mind control, or MK ULTRA. A notarized letter of
October 23, 1991 was sent certified mail to the California Attorney General on the subject matter,
with a return letter from the California Attorney General on January 14, 1992.
By his own
admission before his death, Samuel A. Caterbone disclosed to Stan J. Caterbone of the "bad LSD"
trips while in the Air Force. Since his death of December 25, 1984, Stan J. Caterbone and others
questioned the classification of suicide, and made allegations of foul play that was ultimately
responsible for his death. Finally in a meeting in Santa Barbara, California with the Santa Barbara
Public Guardian's Office, an office admitted that the death was more likely due to foul plan than
suicide.
Samuel A. Caterbone was also an exceptional student and athlete while attending
Bellefonte, Pennsylvania, his hunting pants caught fire trying to stay warm.
Lancaster General Hospital for months, going through painful skin grafts and isolation.
hunting accident interrupted his athletic career and scared his legs for life.
The
The Schizophrenia
diagnosis was a combination of LSD flashbacks and organized stalking and harassment.
Thomas P. Caterbone, (Brother) had an unfortunate transaction at Fulton Bank that set
a course of action that resulted in a suicide. Although diagnosed with Bipolar Disease and Manic
Depression -- embezzled and extorted monies were most likely the reason for his suicide in 1996.
Fulton Bank was involved in a fraud that took $72,000 from a real estate settlement closing and
lead to his total financial ruin and collapse in June of 1995. The funds were never recovered and
Fulton Bank is a defendant for a wrongful death claim in the United States District Court for the
Eastern District of Pennsylvania in CATERBONE v. Lancaster County Prison, et. al., 05-cv-2288.
FULTON BANK triggered a severe and lethal death blow to Thomas P. Caterbone, and as of this
day has refused to acknowledge any wrongdoing or remorse. Thomas P. Caterbone was also an
exceptional athlete. Playing for Lancaster Catholic High School, Franklin and Marshall College, the
Harrisburg Patriots, and even the Philadelphia Eagles. Tom also coached football at J.P. McCaskey
and Franklin and Marshall College.
landscaping business before joining forces with John DePatto of United Financial Services and
selling residential mortgages.
James Guerin and ISC. Parent Bank, owned by ISC also foreclosed on 2323 New Danville Pike,
Conestoga, Pennsylvania in 1988, which was owned by Stan J. Caterbone. Thousands of dollars
of equity was extorted in the process, despite still being short sold for a profit to Mr. Keith
Advanced
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STAN
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Kirchner, an executive of Lancaster Newspapers and former graduate of Lancaster Catholic High
School.
Stan J. Caterbone is a remote viewer (at least one way in), is telepathic, and a
federal whistleblower with an exceptional entrepreneurial record in spite of all of his adversaries
and their assaults. In spite of the U.S. Sponsored mind control and torture, he has endured and
will prevail. Legally, Stan J. Caterbone has been able to preserve his claims, and progress his
legal challenges and claims through both the federal and state court system appearing pro se,
without the aid or expense of additional legal counsel. Some of his claims and briefs will most
likely be landmark decisions in years to come. Stan J. Caterbone was a 2-Sport MVP at Lancaster
Catholic High School, in both football and track. Stan J. Caterbone never received less than a B
grade in his four years of high school and had an 87+ average. Stan J. Caterbone excelled in
computer technologies, taking his first full term course in 1975, while in high school and
continuing into college at Millersville University, graduating with a degree in business
administration in 1980.
beginning with Financial Management Group, Ltd., then working with Tony Bongiovi of Power
Station Studios and the "Digital Movie"; then building Advanced Media Group, Ltd..
Over the
years, despite the illegal seizures and foreclosures, Stan J. Caterbone has amassed a portfolio of
impressive real estate deals that have always paid off in profits, no matter how or when they
were sold.
$20,000 dollar investment in 1986 and was still sold for approximately $100,000 two years later,
despite the false arrests and the extortion of most of it's real value and equity.
The mental health history and the criminal records were completely fabricated, and a
close review and investigation into the actual court records and hospital records can prove that in
very short fashion.
There are TWO (2) ways to quickly dispute the Mental Health History and
Record:
One - Review the word "Delusional; delusions; etc.,;
used by mental health professionals, and the false reports by friends and family were associated
with facts, and matters of the official record, the complete opposite of the meaning of the word
"delusional". And they still exist to this very day.
Two - Review the 3 Fabricated Suicide Allegations of the following dates: August
10(?), 1987 at Burdette Tomlin Hospital (Cape May County New Jersey); February 18th(?), 2005
by Kerry Egan and the Southern Regional Police Department; and July 19, 2009 for the 302
Commitment by the Lancaster City Police Department at Lancaster General Hospital.
The Criminal Record is very similar, since 1987 Stanley J. Caterbone has had 31 false
arrests; formal charges and convictions dismissed prior to court proceedings or won on summary
appeals in the County of Lancaster, Pennsylvania; most of which Stan J. Caterbone appearing as
Advanced
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STAN
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pro se (representing himself). These have resulted in civil complaints filed in 2008 in CATERBONE
v. The County of Lancaster, Pennsylvania in U.S. District Court for the Eastern District of
Pennsylvania.
For Samuel A. Caterbone, my brother, there are United States Air Force service
records; Lancaster Catholic High School transcripts; Millersville University transcripts; Social
Security Administration records; Santa Barbara County Guardian and Public Defender records;
and papers and documents persevered from his estate.
For Samuel P. Caterbone, my father, there are United States Naval records, Lancaster
Catholic High School transcripts; Social Security Administration records; Lancaster County
Assistance Office records; Local Real Estate Tax records; Lancaster County Tax Assessment
records; Samuel Caterbone Cleaners, Inc., corporate records; Real Estate Deeds and Mortgages;
Lancaster County Court of Common Pleas civil and criminal records; and of course papers and
documents persevered from his estate
Advanced
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STAN
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Stan
J.J.Caterbone
J.CATERBONE
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broadcast on WHAN Coast to Coast with a guest that was one of the leading Physicist
turned Remote Viewer and expert that testified to this same notion.
Advanced
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September 7, 2009
Stan J. Caterbone
Advance Media Group
1250 Fremont Street
Lancaster, Pennsylvania 17603
Derrick Robinson
Freedom From Covert Harassment and Surveillance
P.O. Box 9022
Cincinnati, Ohio 45209
Phone 1-800-571-5618
Fax 1-866-433-4170
email: info@freedomfchs.com
Re: Is County of Lancaster, Pennsylvania Ground Zero for Organized Stalking and
Covert Surveillance?
Derrick,
My pleasure. Derrick, I was trying to get group rates at our new Lancaster Convention Center
Marriot Hotel last week, just as a little fact finding mission. I have a theory that I would like to
send your way. I thought it would be very fruitful to bring some TI's together for a conference,
unless you think the exposure would be harmful.
I believe that they try new models for harassment; organized stalking and surveillance on me
here in Lancaster. Remember, Lancaster is now one of the most "Watched Communities" in the
country. "With those cameras, the Safety Coalition will operate and monitor 165 cameras across
Lancaster City making Lancaster the most watched city of its size in the nation." See article
attached, Watching you: City to add 105 more cameras.
I believe that Lancaster may be ground zero for some of the models of organized stalking and
harassment that we TI's experience and wanted to get some reaction from Lancaster. Some
history on the Lancaster Convention Center. Dale High of High Industries is the lead partner in our
new convention center/hotel. It is first class all the way. Now in the late 1980's I was a joint
venture partner with Dale High in American Helix Technology Company/Advanced Media Group.
American Helix was a cd manufacturer and I and my company Advanced Media Group was the
CD-ROM division of American Helix. I was one of a handful of CD-ROM manufacturers in the
domestic United States back then. Also in 2005 I filed a civil action against the lead hotel, the
Eden Resort Inn, for trying to block the development and building of the Hotel/Convention Center,
see
attached.
Now, some history about Lancaster and the intelligence community. Back in the 1980's there were
several defense contractors located in Lancaster, the main being International Signal & Control,
which I, of course, blew the whistle on a billion dollar fraud and arms to Iraq.
Click here for an overview of ISC.
Click here to see the Lancaster Newspapers Archives regarding International Signal & Control, or
ISC.
Click here to view the live video of the WGAL-TV News Broadcast of October 31, 1991 the evening
of the ISC indictments. The U.S. Department of Justice and other U.S. Agencies held a Press
Conference in the Philadelphia Federal Courthouse to announce the indictments and $ Billion
Dollar Fraud.
Advanced
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STAN
CATERBONE
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J.J.Caterbone
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J.J.Caterbone
J.CATERBONE
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"S.A.I.C. involvement in 1993 American Para psychological Association meeting arrangements, via
their 'Cognitive Sciences Laboratory'. Science Applications International Corporation is a big time
defense contractor, has held the largest number of research contracts of any defense contractor.
Bobby Ray Inman (ISC Board of Directors) is on its board of directors, among others."
by John Porter, CIA Program on Mind Control copyright 1996. In 1994, after Bobby Ray Inman
requested to be withdrawn from consideration as Bill Clinton's first Defense Secretary, his critics
speculated that the decision was motivated by a desire to conceal his links to ISC. Inman was a
member of the so-called "shadow board" of the company which was allegedly either negligent or
approved the exports." by Wikipedia on International Signal and Control, (ISC).
Now, lets list the former Navy personnel:
George H. Bush, former President of the United States, former Director of CIA.
James Guerin, President and Founder of International Signal & Control.
Bobby Ray Inman, former Director of the National Security Agency (NSA) and Director of
International Signal & Control, (ISC).
My father, Samuel P. Cateronne, Jr.
His father, Samuel J. Caterbone, Sr.
George Noory, of Coast to Coast Radio (just anecdotal, nothing assumed or alleged).
George W. Bush flew with the Navy.
James Cross
I will Finish later and add more.
Next we get to Jim Guerin's attorney back in 1989 through at least 1992. His name was Joseph
Tate, of Philadelpha. This link will take you to a document regarding Joseph Tate, James Guerin
and Joseph Roda, Esq., of Lancaster, my former attorney who said I fabricated everything back in
1987. The document contains a letter of September 12, 2005 from Special Prosecutor Patrick
Fitzgerald regarding Scooter Libby, Former Vice President Dick Cheney's Chief of Staff. the letter
involves Scooter Libby's Grand Jury Indictment for leaking Covert CIA Operative Valerie Plame
and eventually outing her.
Now in Austin Texas in July of 2005 I was detained by 2 Agents from The Defense Intelligence
Agency. I was merely visiting a Military Museum, that had old and vintage helicopters and
airplanes. near where my brother, Dr. Phillip Caterbone lived. I was visiting on my way to
California. While inside the museum 2 Agents from the Department of Defense Defense
Intelligence Agency escorted me outside to my Honda Oddesey and interrogated me making me
confirm that I was visiting and staying with my brother. They caused a problem for my brother's
Medical Practice by shaking up one of his secretaries. The reviewed my court documents for
CATERBONE v. Lancaster County Prison, et. al., Case No. 2005-cv-0288 filed in the U.S. District
Court for the Eastern District of Pennsylvania. The demanded that I stay off all military bases
before releasing me.
In 2006 I was telepathic with an older NSA executive on many occasions who wanted to meet me
at the Clipper Stadium who told me he wanted to rent a facility in Lancaster for a training
exercise. I told him to to and see Dale High and the High Group for space at the Greenfield
Industrial Park. He said he was retiring and that our discussions were keeping him a few weeks
longer than expected. We had intimate discussions of my history and the Chesapeake Bay Area.
We also discussed Sheryl Crow, and he told me his wife was a fan. I turned him on to her new
album, Wildflower, and he said she liked it. We had to disengage because he was being harassed
by other telepathic assailants.
My former secretary (Susan Bare) at Pflumm Contractors, Inc., where I was controller and was
hired to rescue the company from near bankruptcy in 1993, told me that her husband, Ross Bare,
who grew up just some 10 or so doors from me, worked for the NSA. She disclosed this soon
after I hired her in 1994 or 1995.
I will finish later and add to this allegation. This is a work-in-progress.
Advanced
Stan
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J.J.Caterbone
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Stan J. Caterbone
Advanced Media Group
scaterbone@live.com
www.amgglobalentertainmentgroup.com
www.advancedmediagroup.wordpress.com
www.scribd.com/amgroup01
www.facebook.com/scaterbone
www.twitter.com/StanCaterbone
www.mcvictimsworld.ning.com/profile/StanJCaterbone
http://www.youtube.com/advancedmediagroup
Advanced
Stan
STAN
CATERBONE
Stan
J.J.Caterbone
J.CATERBONE
Medi
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et.al.,
et.al.,
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Tuesday,
Thursday,
Tuesday,
Friday,
Tuesday,
March
Saturday
March
December
15,
March
July
2016
15,
3/15/2016
2016
11,
16,
17, 2015
15,
2015
2016
Saturday,
October
10,
AFFIDAVIT
BE IT ACKNOWLEDGED, that Stanley J. Caterbone, Financial Management Group, Ltd.,
FMG Advisory, and and all affiliates, Pro Financial Group, Ltd., Advanced Media Group, Advanced
Media Group, Ltd., Global Entertainment Group, Ltd., Power Productions I, Radio Science
Laboratories, Ltd., of Lancaster County, Pennsylvania, the undersigned deponent, being of legal
age, does hereby depose and say under oath as follows:
I am now convinced that the situation surrounding my litigation and all factors attributed
to my financial and professional demise bore out of the fact that my Father, Samuel P. Caterbone
was a victim of U.S. Sponsored Mind Control, in the truest sense of the words.
The
whistleblowing activities of 1987 either were a coincidence or I was set up in the very beginning
by Pennsylvania State Senator Gibson Armstrong (former stock broker) in 1983 when he solicited
me to purchase the ISC stock. The preceding would have been the perfect cover story for my
demise; that I was involved in a fraud. Following this analysis would lead one to conclude that
the collateral damage from the activities of my financial ruin always left my fellow businesses in
financial ruin, for example Robert Kauffman and Michael Hartlett, partners, and the shareholders
and affiliated professionals of Financial Management Group, Ltd., Tony Bongiovi and Power Station
Studios, Jim and Lynn Cross as Cross Microwave Consultants, Dave Dering, Scott Robertson, and
James Boyer as American Helix/High Industries, Ralph Mazzochi and Gallo Rosa Restaurant;
Pflumm Contractors, Inc., Mike Caterbone's AIM Wholesaler's Business, Dr. Phillip Caterbone, D.O.
And associated Primary Care Practices of Austin, Texas, Sam Lombardo and Ralph Mazzochi as
S.N. Lombardo Associates for Lancaster Avenue Project, Sheryl Crow Singer Songwriter, my
immediate family, friends, and relatives.
Following this analysis would lead one to concur that the legal and financial remedies
would only be reconciled by the above named parties enjoining my civil litigation. This AFFIDAVIT
is to be considered a legal and binding document to accomplish that remedy.
Advanced
Stan
STAN
CATERBONE
Stan
J.J.Caterbone
J.CATERBONE
Medi
Media
Caterbone
v.Group
United
The
Grop
Group
Executive
Executive
United
Press
v.
Press
Executive
States
United
Summary
Release
States
Release
Summary
ofStates
Summary
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
Page
Page
31
21
31
21
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Saturday
March
December
15,
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March
July
2016
15,
3/15/2016
2016
10,
11,
16,
17, 2015
15,
2016
Advanced
Stan
STAN
CATERBONE
Stan
J.J.Caterbone
J.CATERBONE
Medi
Media
Caterbone
v.Group
United
The
Grop
Group
Executive
Executive
United
Press
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December
15,
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July
2016
15,
3/15/2016
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Advanced
Stan
STAN
CATERBONE
Stan
J.J.Caterbone
J.CATERBONE
Medi
Media
Caterbone
v.Group
United
The
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Press
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December
15,
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July
2016
15,
3/15/2016
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11,
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15,
2015
Advanced
Stan
STAN
CATERBONE
Stan
J.J.Caterbone
J.CATERBONE
Medi
Media
Caterbone
v.Group
United
The
Grop
Group
Executive
Executive
United
Press
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et.al.,
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34
24
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Saturday
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December
15,
March
July
2016
15,
3/15/2016
2016
11,
16,
17, 2016
15,
2015
scaterbone@live.com
www.amgglobalentertainmentgroup.com
www.advancedmediagroup.wordpress.com
www.scribd.com/amgroup01
www.facebook.com/scaterbone
www.twitter.com/StanCaterbone
www.mcvictimsworld.ning.com/profile/StanJCaterbone
http://www.youtube.com/advancedmediagroup
Stan J. Caterbone
Advanced Media Group
1250 Fremont Street
Lancaster, PA 17603
STAN J. CATERBONE
CATERBONE
v. The
United
United
v.States
United
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of America,
et.al.,
et.al.,
Page
Page
et.al.,
Page
2529
25
28
ofof
of
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STAN J. CATERBONE
CATERBONE
v. The
United
United
v.States
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et.al.,
et.al.,
Page
Page
et.al.,
Page
2630
26
29
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All of the above use the tactics of threats and harassment in order to invoke and provoke a
response worthy of arrest or involuntary psychiatric commitment. When the strategy fails they
resort in illegal verbal no trespass notices by low level employees. In the summer of 2015 a
Lancaster City Police Officer, while parked at the Sunnoco convenience store on the corner of West
Orange and Prince Street informed me that the establishments were required to provide written
notice, or they could not be enforced.
Downtown Lancaster Establishment's that have been endorsing and engaging in
WHOLESALE STALKING, HARASSMENT, AND COLLUSION TO PHYSICAL THREATS OF
VIOLENCE ON A REGULAR BASIS, 2005 to present:
STAN J. CATERBONE
CATERBONE
v. The
United
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et.al.,
et.al.,
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2731
27
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248
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Advanced
Stan
STAN
CATERBONE
Stan
J.J.Caterbone
J.CATERBONE
Medi
Media
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Grop
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STAN
CATERBONE
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J.J.Caterbone
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scaterbone@live.com
https://www.scribd.com/stan5j.5caterbone
Stan J. Caterbone
Advanced Media Group
1250 Fremont Street
Lancaster, PA 17603
(717)669-2163
PRESS RELEASE
Saturday, July 4, 2015
Lancaster, Pennsylvania, Advanced Media Group and Stan J. Caterbone Proposed ORGANIZED
STALKING AND DIRECTED ENERGY WEAPONS HARASSMENT BILL to Pennsylvania House of
Representative Mike Sturla (Lancaster, Pennsylvania) and City of Lancaster Mayor Richard Gray.
The draft legislation is the work of Missouri House of Representative Jim Guest, who has been
working on helping victims of these horrendous crimes for years. The bill will provide protections to
individuals who are being harassed, stalked, harmed by surveillance, and assaulted; as well as
protections to keep individuals from becoming human research subjects, tortured, and killed by
electronic frequency devices, directed energy devices, implants, and directed energy weapons.
Stan J. Caterbone has been a victim of organized stalking since 1987 and a victim of electronic and
direct energy weapons since 2005. He has also been telepathic since 2005. Stan J. Caterbone will
help introduce measures that also pertain to remote viewing; mental telepathy and synthetic
telepathy in more detail. Personal accounts of his pain and torture are also filed in various United
States federal and state courts.
We are urging you to contact your local representatives and support our efforts to pass this
legislation. Below you will find the listings of Pennsylvania State Representatives.
For More Information Please Contact Us At: scaterbone@live.com and visit our library of
documents at https://www.scribd.com/stan5j.5caterbone
_________________________________________________
The draft of the legislation can be found on the following page:
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Capitol Office
State Capitol
Jefferson City Mo.
573-751-0246
District Office
Second Street
King City Mo.
660-535-6664
This letter is to ask for your help for the many constituents in our country who are being affected unjustly
by electronic weapons torture and covert harassment groups. Serious privacy rights violation and physical
injuries have been caused by the activities of these groups and their use of so-called non-lethal weapons on
men, women, and even children.
I am asking you to play a role in helping these victims and also stopping the massive movement in the use
of Veri-chip and RFID technologies in tracking Americans.
Long before Veri-chip was known we were testing these devices on Americans, many without their
knowledge or consent.
There are new revelations of the cancer risk besides the privacy and human rights problems with the use of
Veri-chip and RF signals.
I am asking for your help in stopping these abuses and aiding those already affected.
Sincerely,
Rep. Jim Guest
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Section 1. Short Title This bill may be cited as the Organized Stalking and Directed Energy Devices and Weapons
Bill
Section 2. Findings and Purpose
A) Findings
1) The constitution guarantees the right of the people to be secure in their person. The Declaration
of Independence asserts as self-evident that all men have certain inalienable rights and that among
these are life, liberty, and the pursuit of happiness.
2) As Supreme Court Justice Louis Brandeis wrote in 1928, the framers of the Constitution sought
"to protect Americans in their beliefs, their thoughts, their emotions, and their sensations." It is for
this reason that they established, as against the government, the right to be let alone as "the most
comprehensive of rights and the right most valued by civilized men.
3) The first principle of the Nuremberg Code states that with respect to human research, the
voluntary consent of the human subject is absolutely essential. The Nuremberg Code further
asserts that such consent must be competent, informed, and comprehending.
4)There are current regulations implementing the obligations of the United States to adhere to
Article 3 of the United Nations Convention Against Torture and other Forms of Cruel, Inhumane or
Degrading Treatment including all terms that are Subject to any reservations, understandings,
declarations, and provisions contained in the United States Senate resolution of ratification of the
Convention.
B) Purpose
To establish regulations and penalties for those who use any type of electronic frequency devices,
directed energy devices, implants, surveillance technology, and directed energy weapon to
purposefully cause any of the following: stalking, harassing, mental or physical harm, injury,
harmful surveillance, torture, diseases, and death to any United States citizen.
Section 3. Organized Stalking
If two or more persons willfully, maliciously, and repeatedly follow or willfully and maliciously
harass another person and who make a credible threat with the intent to place that person in
reasonable fear for his or her safety, or the safety of his or her immediate family, they are guilty of
the crime of organized stalking, punishable by imprisonment in a county jail for not more than one
year, or by not more than one thousand dollars ($ 1,000), or by both that fine and imprisonment,
or by imprisonment in a federal prison.
If two or more persons violate subdivision (a) when there is a temporary restraining order,
injunction, or any other court order in effect prohibiting the behavior described in subdivision (a)
against the same party, they shall be punished by imprisonment in the state prison for two, three,
or four years.
For the purposes of this section, "harass" means engages in a knowing and willful course of
conduct directed at a specific person that seriously alarms, annoys, torments, or terrorizes the
person, or damages his personal property or possessions and that serves no legitimate purpose. *
**
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For the purposes of this section, "course of conduct" means two or more acts occurring over a
period of time, however short, evidencing a continuity of purpose. Constitutionally protected
activity is not included within the meaning of "course of conduct."
For the purposes of this section, "credible threat" means a verbal or written threat, including that
performed through the use of an electronic communication device, or a threat implied by a pattern
of conduct or a combination of verbal, written, or electronically communicated statements and
conduct, made with the intent to place the person that is the target of the threat in reasonable fear
for his or her safety or the safety of his or her family, or personal property or possessions and
made with the apparent ability to carry out the threat so as to cause the person who is the target
of the threat to reasonably fear for his or her safety or the safety of his or her family or personal
property or possessions. It is not necessary to prove that the defendant had the intent to actually
carry out the threat. The present incarceration of a person making the threat shall not be a bar to
prosecution under this section. Constitutionally protected activity is not included within the
meaning of "credible threat."
For purposes of this section, the term "electronic communication device" includes, but is not limited
to, telephones, cellular phones, computers, video recorders, fax machines, pagers or synthetic
telepathy devices.
The sentencing court also shall consider issuing an order restraining the defendant from any
contact with the victim, that may be valid for up to 10 years, as determined by the court. It is the
intent of the Legislature that the length of any restraining order be based upon the seriousness of
the facts before the court, the probability of future violations, and the safety of the victim and his
or her immediate family.
For purposes of this section, "immediate family" means any spouse, parent, child, any person
related by consanguinity or affinity within the second degree, or any other person who regularly
resides in the household, or who, within the prior six months, regularly resided in the household.
Section 4. Punishment for threats
Any person or persons who willfully threatens to commit a crime which will result in death or great
bodily injury to another person, with the specific intent that the statement, made verbally, in
writing, or by means of an electronic communication device, is to be taken as a threat, even if
there is no intent of actually carrying it out, which, on its face and under the circumstances in
which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the
person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and
thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or
her immediate family's safety, shall be punished by imprisonment in a federal prison not to exceed
one year..
For the purposes of this section, "immediate family" means any spouse, whether by marriage or
not, parent, child, any person related by consanguinity or affinity within the second degree, or any
other person who regularly resides in the household, or who, within the prior six months, regularly
resided in the household.
"Electronic communication device" includes, but is not limited to, telephones, cellular telephones,
computers, video recorders, fax machines, pagers or synthetic telepathy devices
Obscene, threatening or annoying communication
(a) Every person or persons who, with intent to annoy, telephones or makes constant contact by
means of an electronic communication device with another and addresses to or about the other
person any obscene language or addresses to the other person any threat to inflict injury to the
person or any member of his or her family, or any property or personal possessions is guilty of a
misdemeanor. Nothing in this subdivision shall apply to telephone calls or electronic contacts made
in good faith.
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(b) Every person or persons who makes repeated telephone calls or makes repeated contact by
means of an electronic communication device with intent to annoy another person at his or her
residence, is, whether or not conversation ensues from making the telephone call or electronic
contact, is guilty of a misdemeanor. Nothing in this subdivision shall apply to telephone calls or
electronic contacts made in good faith.
(c)
Every person or persons who makes repeated telephone calls or makes repeated contact by
means of an electronic communication device with the intent to annoy another person at his or her
place of work is guilty of a misdemeanor punishable by a fine of not more than one thousand
dollars ($ 1,000), or by imprisonment in a federal prison for not more than one year, or by both
that fine and imprisonment. Nothing in this subdivision shall apply to telephone calls or electronic
contacts made in good faith. This subdivision applies only if one or both of the following
circumstances exist:
(1) There is a temporary restraining order, an injunction, or any other court order, or any
combination of these court orders, in effect prohibiting the behavior described in this section.
(2) The person or persons makes repeated telephone calls or makes repeated contact by means of
an electronic communication device with the intent to annoy another person at his or her place of
work, totaling more than 10 times in a 24-hour period, whether or not conversation ensues from
making the telephone call or electronic contact, and the repeated telephone calls or electronic
contacts are made to the workplace of an adult or fully emancipated minor who is a spouse, former
spouse, cohabitant, former cohabitant, or person with whom the person has a child or has had a
dating or engagement relationship or is having a dating or engagement relationship.
(d) Any offense committed by use of a telephone may be deemed to have been committed where
the telephone call or calls were made or received. Any offense committed by use of an electronic
communication device or medium, including the Internet, may be deemed to have been committed
when the electronic communication or communications were originally sent or first viewed by the
recipient.
(e) Subdivision (a), (b), or (c) is violated when the person acting with intent to annoy makes a
telephone call requesting a return call and performs the acts prohibited under subdivision (a), (b),
or (c) upon receiving the return call.
(f) If probation is granted, or the execution or imposition of sentence is suspended, for any person
or persons convicted under this section, the court may order as a condition of probation that the
person participate in counseling.
(g) For purposes of this section, the term "electronic communication device" includes, but is not
limited to, telephones, cellular phones, computers, video recorders, fax machines, pagers or
synthetic telepathy devices.
mental health, or physical and economic well-being of a person via land-based, sea-based, or
space-based systems using radiation, electromagnetic, psychotronic, sonic, laser, or other energies
directed at individual persons or targeted populations for the purpose of information war, mood
management, or mind control of such persons or populations; or by expelling chemical or biological
agents in the vicinity of a person.
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2. Dirty bomb drill in Richmond alarms conspiracy theorists, including Alex Jones
Comments
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Advanced
Stan
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J.J.Caterbone
J.CATERBONE
Medi
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Caterbone
Grop
Group
Executive
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Press
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Summary
Release
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Summary
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15,
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17,
15,
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2015
2016
Saturday
July
16, 2015
Saturday,
October
10,
0021
Secretary of Defense
1000 Defense Pentagon
Washington, DC 20301-1000
cc: President Barrach Obama and Family
Date
Date Due
Reference
Description
Amount
Balance
01/1/2010
$2,300,000.00
See attached:
Federal Whistleblower and Targeted Individual of U.S Sponsored Mind
Control
1.
2.
3.
http://www.scribd.com/doc/24371616/Submission-to-U-S-Department-of-Defense-WebsiteRe-U-S-Secretary-of-Defense-Robert-Gates-April-7-2009
ISC & Pakistan Missle Project Called Khyber-Pass
4.
5.
http://www.scribd.com/doc/24366542/ISC-and-the-Pakistan-Missle-Deals-of-1986-CalledThe-Khyber-Pass-Project
CIA Torture Investigations EIT Program & SERE and U.S. Sponsored Mind Control by Stan J.
Caterbone, October 2, 2009 Used as Exhibit in Human Rights Complaint to U.N. Council for Human
Rights
6. http://www.scribd.com/doc/23900626/CIA-Torture-Investigations-EIT-Program-SERE-and-US-Sponsored-Mind-Control-by-Stan-Caterbone-October-2-2009
02/1/2010
02/1/2010
Finance Charge
19,166.66
$2,300,019.66
1 Fee for service does not include interest, penalties, or any damages to health and welfare of Stanley J.
Caterbone.
InvoiceJ.to
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CATERBONE
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ofAsh
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ofCarter
America,
of America,
et.al.,
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TOTAL $2,300,019.66
07/15/2016
07/15/2016
Change.Org Policy and Procedures Liability Valuations of March 17, 2016 (As Mailed to President Barrack
Obama via USPS Priority Mail9410803699300077975425 Your item was delivered at 4:45 am on April 4,
2016 in WASHINGTON, DC 20500 to 20500 WH PU. The item was signed for by M NALDO. :
The United States would provide $100,000 per year for documented Targeted
Individuals, payable in the form of an annuity with survivor benefits.
The United States would provide a $10 Million Lump Sum for Suspicious or Accidental
Death.
The United States would provide Medical Benefits for life.
The United States would provide an extra layer of security by law enforcement for persons,
property, identity, and cybersecurity of targeted individuals.
The United States newly formed U.S. Task Force for Targeted Individuals would take a
random sampling of 200 Targeted Individuals Cases Including Affidavits and
Documentation. They would then develop a baseline for evidence and required
documentation.
Settlement is fair considering the following case law:
Erin Andrews Awarded $55 Million in Peephole Video Lawsuit
1. Andrews sought $75 million from the owner of the Nashville Marriott at Vanderbilt
University, where she was staying in 2008 when the incident occurred, and Michael
David Barrett, the stalker who booked hotel rooms next to her in Nashville and
Columbus, Ohio, and secretly recorded (via a peephole) and released videos of her
naked. Barrett, whom the jury found to be 51% at fault, has to pay more than $28
million. Nashville Marriott owner West End Hotel Partners and former operator Windsor
Capital Group, which were found to be 49% at fault, have to pay more than $26 million.
TOTAL DUE:
InvoiceJ.to
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CATERBONE
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ofv.
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ofAsh
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et.al.,
Page
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$33,000,000.00
Saturday
Friday July 16,
15, 2016
1 of 2
https://tools.usps.com/go/TrackConfirmAction?tLabels=9410803699300...
Customer Service
USPS Tracking
Features:
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Email Updates
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InvoiceJ.to
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CATERBONE
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ofv.
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By Jon Rutter
Section: B
Page: B1
Sunday News (Lancaster, PA)
Published: May 3, 2009
LANCASTER COUNTY, PA - jrutter@lnpnews.com "Uncle Bob" slipped quietly into the Manheim Township
suburbs last weekend.
Uncle Bob is better known as U.S. Defense Secretary Robert Gates.
He came to town Saturday, April 25, for a family wedding, said Monsignor Richard A. Youtz, who performed the
honors.
Gates arrived at St. John Neumann Catholic Church shortly before the 2:30 p.m. ceremony for Bryant Wilkie and
Vanessa Dziuba, according to Youtz.
The newlyweds live in Washington state, Youtz noted, but the wedding was held here because Dziuba and her
family are local.
Gates is Wilkie's uncle by marriage, the monsignor added.
"Very pleasant guy. I had never met him before. I went up to him after the wedding and said 'Oh, you're the
famous Uncle Bob.' He said, 'No I'm the infamous Uncle Bob.' "
Youtz said the white-haired, 65-year-old Gates is distinguished looking and not as tall as Youtz expected.
Gates is the single Cabinet holdover from the George W. Bush administration.
A former CIA director who entered the intelligence field during the Lyndon B. Johnson years, the secretary has
been called canny and low-key.
His visit to the church at 601 E. Delp Road reinforced his low-profile dossier.
Youtz said he learned that Gates and his wife, Becky, would attend the wedding only when a trio of very polite,
very discreet security agents showed up at the church the Thursday before.
The agents wanted to size up the site and see which doors were kept locked and which ones were not, Youtz
said.
"They were very nice young men. They just wanted to look at the compound here, as they called it. It was just a
routine thing for them. ... They wanted us to know who they were so we were not taken off guard by the whole
thing."
He said he met Mrs. Gates - Wilkie's aunt - at the Friday night wedding rehearsal.
A wedding reception for about 150 people was held April 25 at Best Western Eden Resort & Suites, 222 Eden
Road, according to General Manager Mark Clossey.
The Pentagon chief was there, Clossey said. "He had a drink in Garfield's and attended the [reception] and left
shortly thereafter."
The celebration was "on the quiet side," Clossey said, and was intended to focus fanfare on the couple rather
than on Gates.
Government agents checked out the premises several days before the reception, he added.
Other details about the operation remain obscure.
While Youtz said he thought Gates was driven in by car, a civilian source reported "Secret Service" agents at
Lancaster Airport last weekend.
Airport Director David Eberly confirmed that there were a couple of large aircraft, including a military jet, parked
on the tarmac that Saturday.
However, he said, "I don't know who was on it. I didn't see any Secret Service," added Eberly, who said the
InvoiceJ.to
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agency usually notifies him when it enters the airport. "If they were there, they were incognito."
But they weren't there, according to U.S. Secret Service spokesman Darrin Blackford. (There were agents
elsewhere in Pennsylvania at the time, Blackford added. They were protecting Jordanian King Abdullah II while
he was on a motorcycle trip.)
A local government official who spoke on condition of anonymity said U.S. Army Criminal Investigation
Command, or CID, personnel could have been mistaken for Secret Service agents.
"They probably talk into their wrists" too, the official said of the Army operatives.
CID spokesman Jeffrey Castro confirmed that the agency provides security for Gates. But Castro said he could
not comment on whether Gates or any CID agents were here last weekend.
According to its Web site, the U.S. Army Protective Services Battalion, under the CID in Fort Belvoir, Va.,
watches over key officials in the Department of Defense and the Army.
To order a reprint of this document go to lancasteronline.com/reprint
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George Alspach
Solicitor
Case Number
CI-08-13373
APPLICATION FOR LEAVE TO PROCEED IN FORMA PAUPERIS. FILED BY: STAN J. CATERBONE,
PRO SE.
12/03/2008
CAPTION ENTRY IS: ADVANCED MEDIA GROUP, STAN J. CATERBONE VS DUKE STREET
BUSINESS CENTER AT LANCASTER COUNTY LIBRARY, DIANE PAWLING BUSINESS REFERENCE
LINRARIAN OF DUKE STREET BUSINESS CENTER, BILL HUDSON DEPUTY ADMINISTRATOR/IT
MANAGER LIBRARY SYSTEM OF LANCASTER COUNTY, LANCASTER PUBLIC LIBRARY,
LANCASTER PUBLIC LIBRARY SYSTEM, HIGH FOUNDATION, UNIDENTIFIED BUSINESS
REFERENCE LIBRARIAN DUKE STREET BUSINESS CENTER
12/03/2008
12/03/2008
12/04/2008
12/08/2008
ORDER (NO FEE) FILED. AND NOW, THIS 3RD DAY OF DECEMBER, 2008, UPON PRESENTATION
AND CONSIDERATION OF THE ATTACHED INFORMATION, REGARDING THE REQUEST OF
STANLEY J. CATERBONE TO FILE IFP SAID REQUEST IS GRANTED. BY THE COURT: JOSEPH C.
MADENSPACHER, JUDGE. CC'S WITH 236 NOTICE TO: BEVERLY J. POINTS, ESQ., STANLEY J.
CATERBONE, (6)
12/31/2008
01/28/2009
02/09/2009
02/11/2009
02/12/2009
02/20/2009
PRAECIPE TO FILE THE ATTACHED EXHIBIT F,G,H,I TO THE ABOVE CAPTIONED CASE FILED BY:
STAN J. CATERBONE, PRO SE - ADVANCED MEDIA GROUP.
02/26/2009
03/10/2009
03/11/2009
03/12/2009
03/18/2009
03/24/2009
03/24/2009
03/26/2009
03/27/2009
InvoiceJ.to
STAN
CATERBONE
CATERBONE
Secretary
v. The
United
United
ofv.
Defense
States
United
States
ofAsh
States
America,
ofCarter
America,
of America,
et.al.,
et.al.,
Page
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Page
et.al.,
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15, 2016
04/01/2009
04/09/2009
04/15/2009
ORDER (NO FEE) ENTERED AND FILED. AND NOW, THIS 15TH DAY OF APRIL, 2009, BASED UPON
THE ATTACHED FORENSIC REPORT, AND IT APPEARING THAT THE FOLLOWING DOCUMENTS
ACCEPTED BY THE PROTHONOTARY FOR FILING WERE SIGNED IN HUMAN BLOOD, THE
PROTHONOTARY IS DIRECTED TO STRIKE THE FILING OF THOSE DOCUMENTS FROM THE CIVIL
DOCKET RECORD AND IT IS FURTHER DIRECTED THAT THEY REMAIN, IN THE INTEREST OF
PUBLIC HEALTH AND SAFETY AND FOR ANY APPROPRIATE LAW ENFORCEMENT ACTION, IN THE
CUSTODY OF THE OFFICE OF THE LANCASTER COUNTY DETECTIVES AND THE DISTRICT
ATTORNEY. THE DOCUMENTS AT CI-08-13373 ARE: "MOTION TO FILE EXHIBIT W" , "MOTION TO
FILE EXHIBIT X" , "MOTION TO FILE EXHIBIT Y" THE DOCUMENT AT CI-07-03924 IS: "MOTION TO
FILE EXHIBIT Z" UNTIL FURTHER ORDER OF COURT NO DOCUMENTS FROM THE PLAINTIFF,
ACTING PRO SE, SHALL BE ACCEPTED FOR FILING UNTIL THEY HAVE BEEN INSPECTED BY AND
CLEARED AS FREE OF HEALTH HAZARDOUS TAINT BY THE SHERIFF'S DEPARTMENT. BY THE
COURT: LOUIS J. FARINA, PRESIDENT JUDGE COPIES W/236 NOTICE HAND DELIVERED TO:
DISTRICT ATTORNEY, JAN WALTERS, COUNTY DETECTIVE, RANDALL WENGER,
PROTHONOTARY, TERRY BERGMAN, SHERIFF, AND MAILED TO STAN J. CATERBONE, PRO SE
04/17/2009
04/17/2009
04/17/2009
04/20/2009
ORDER (NO FEE) FILED. AND NOW, THIS 17TH DAY OF APRIL, 2009, THE ORDER ISSUED APRIL
15, 2009 IS VACATED AND SUBSTITUTED WITH THE FOLLOWING: CORRECTIVE ORDER: AND
NOW, THIS 17TH DAY OF APRIL, 2009, BASED UPON THE ATTACHED FORENSIC REPORT, AND IT
APPEARING THAT THE FOLLOWING DOCUMENTS ACCEPTED BY THE PROTHONOTARY FOR
FILING WERE SIGNED IN HUMAN BLOOD, THE PROTHONOTARY IS DIRECTED TO STRIKE THE
FILING OF THOSE DOCUMENTS FROM THE CIVIL DOCKET RECORD AND IT IS FURTHER
DIRECTED THAT THEY REMAIN, IN THE INTEREST OF PUBLIC HEALTH AND SAFETY AND FOR
ANY APPROPRIATE LAW ENFORCEMENT ACTION, IN THE CUSTODY OF THE OFFICE OF THE
LANCASTER COUNTY DETECTIVES AND THE DISTRICT ATTORNEY. THE DOCUMENTS
DOCKETED TO CI-08-13373 ARE: "MOTION TO FILE EXHIBIT W" , "MOTION TO FILE EXHIBIT X",
"MOTION TO FILE EXHIBIT Y", AND "MOTION TO FILE EXHIBIT Z". UNTIL FURTHER ORDER OF
COURT NO DOCUMENTS FROM THE PLAINTIFF, ACTING PRO SE, SHALL BE ACCEPTED FOR
FILING UNTIL THEY BEEN INSPECTED BY AND CLEARED AS FREE OF HEALTH HAZARDOUS
TAINT BY THE SHERIFF'S DEPARTMENT. BY THE COURT: LOUIS J. FARINA, PRESIDENT JUDGE,
COPIES W/236 NOTICE TO: DISTRICT ATTORNEY (HAND DELIVERED) / JAN WALTERS, COUNTY
DETECTIVE (HAND DELIVERED), RANDALL WENGER, PROTHONOTARY (IN FILE-CI-07-03924)
TERRY BERGMAN, SHERIFF (HAND DELIVERED), STAN J. CATERBONE, PRO SE, (MAILED)
04/21/2009
04/23/2009
04/23/2009
PRAECIPE TO REINSTATE THE COMPLAINT ORGINALLY FILED ON DECEMBER 3, 2008 FILED BY:
STAN J. CATERBONE, PRO SE, PLAINTIFF
REINSTATED AS DIRECTED. RANDALL O. WENGER, PROTHONOTARY
04/27/2009
04/27/2009
PRAECIPE TO FILE EXHIBIT A-3 FILED BY: STAN J. CATERBONE, PRO SE.
04/27/2009
04/30/2009
PRAECIPE TO FILE EXHIBIT A-6 FILED BY: STAN J. CATERBONE, PRO SE.
05/06/2009
PRAECIPE TO FILE EXHIBIT A-5 FILED BY: STAN J. CATERBONE, PRO SE.
05/18/2009
PRAECIPE TO RENAME EXHIBIT A-5 OF MAY 6, 2009 TO EXHIBIT A-7 FILED BY STAN J.
CATERBONE.
05/18/2009
05/20/2009
05/22/2009
InvoiceJ.to
STAN
CATERBONE
CATERBONE
Secretary
v. The
United
United
ofv.
Defense
States
United
States
ofAsh
States
America,
ofCarter
America,
of America,
et.al.,
et.al.,
Page
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(CORRECT
Saturday
Friday July 16,
15, 2016
06/03/2009
PRAECIPE TO FILE EXHIBIT A-10. FILED BY: STAN J. CATERBONE, PRO SE.
06/08/2009
06/09/2009
06/09/2009
06/11/2009
PRAECIPE TO FILE EXHIBT A-13. FILED BY: STAN J. CATERBONE, PRO SE.
InvoiceJ.to
STAN
CATERBONE
CATERBONE
Secretary
v. The
United
United
ofv.
Defense
States
United
States
ofAsh
States
America,
ofCarter
America,
of America,
et.al.,
et.al.,
Page
Page
Page
et.al.,
Page
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79
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Friday July 16,
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06/15/2009
CaseCAPTION
2:16-mc-00049-EGS
Document
12 Filed
Page
28 of 41
AMENDED
ENTRY IS: ADVANCED
MEDIA GROUP
/ STAN 07/15/16
J. CATERBONE
VS. DUKE
STREET BUSINESS CENTER, ET AL, LANCASTER REGIONAL MEDICAL CENTER, COLLEGE
AVENUE, LANCASTER, PENNSYLVANIA, DR. L. WENGER, LANCASTER REGIONAL MEDICAL
CENTER, WEIS MARKETS, SADSBURY, PENNSYLVANIA, WEIS PHARMACY SADSBURY,
PENNSYLVANIA, AMY BRENT, PHARMICIST, DISTRICT MANAGER, WEIS MARKET, CVS
PHARMACY, MANOR SHOPPING CENTER, LANCASTER, PENNSYLVANIA, FULTON FINANCIAL
CORPORATION, LANCASTER, PENNSYLVANIA, FULTON BANK, LANCASTER, PENNSYLVANIA, MR.
R. SCOTT SMITH, CEO, FULTON FINANICAL CORPORATION, PHILLIP WENGER, COO, FULTON
FINANICAL CORPORATION, MR. CRAIG RODA, CEO FULTON BANK, MS DANA CHRYST, BOARD OF
DIRECTORS, FULTON FINANICAL CORPORATION, LANCASTER GENERAL HOSPITAL, NEW
HOLLAND DENTAL CLINIC, NEW HOLLAND, PENNSYLVANIA, DR. WEST, NEW HOLLAND DENTAL
CLINIC, LANCASTER NEWSPAPERS, INC., LANCASTER, PENNSYLVANIA, STEVE WEAVER,
MANAGER, LANCASTER NEWSPAPERS, JOHN BUCKWALTER, BOARD OF DIRECTORS,
CHAIRMAN, LANCASTER NEWSPAPERS, HIGH INDUSTRIES, LANCASTER, PENNSYLVANIA,
FRANK MCCABE, HIGH HOTELS, S. DALE HIGH, HIGH INDUSTRIES, BARLEY SNYDER, LLC.,
LANCASTER, PENNSYLVANIA, SHAWN LONG, ESQ., BARLEY SNYDER, LLC, WGAL TV-8,
LANCASTER, PENNSYLVANIA, PAUL QUINN, GENERAL MANAGER, WGAL TV-8, DOUG ALLEN,
WGAL TV-8, JANELLE STELLSON, WGAL TV-8, SUSAN SHIPIRO, WGAL TV-8, BARBARA BARR,
WGAL TV-8, LANCASTER COUNTY BOARD OF COMMISSIONERS, LANCASTER COUNTY,
PENNSYLVANIA, COPY MAX/IMPRESSO OFFICE MAX, RED ROSE COMMONS, LANCASTER,
PENNSYLVANIA, LANCASTER COUNTY CLERK OF COURTS, LANCASTER COUNTY COURT OF
COMMON PLEAS, RYAN P. AUMENT, LANCASTER COUNTY CLERK OF COURTS, LANCASTER
GENERAL HOSPITAL, LANCASTER GENERAL HOSPITAL EMERGENCY DEPARTMENT, NURSE 1 OF
JULY 13, 2009 OF THE LANCASTER GENERAL HOSPITAL EMERGENCY DEPARTMENT, NURSE 2
OF JULY 13, 2009 OF THE LANCASTER GENERAL HOSPITAL EMERGENCY DEPARTMENT, DR.
VITO DICAMILLO OF THE LANCASTER GENERAL HOSPITAL EMERGENCY DEPARTMENT,
WACHOVIA BANK, HERSHEY AVENUE AND MANOR STREETS, LANCASTER, PENNSYLVANIA,
BRANCH MANAGER, WACHOVIA BANK, HERSHEY AVENUE AND MANOR STREETS, LANCASTER,
PENNSYLVANIA, ANNIE BAILEYS RESTUARANT AND BAR, MARION COURTROOM RESTUARANT
AND BAR, MARION STREET CAFE, MIKE GEESEY, PROPRIETOR, MARION COURTROOM, ALLEY
KAT BAR AND RESTUARANT, JOHN KATRAS, PROPRIETOR, ALLEY KAT BAR AND RESTUARANT,
BRETT STABLEY, MANAGER, ALLEY KAT BAR AND RESTUARANT, ROSA ROSA RESTUARANT,
THE VILLAGE NIGHTCLUB, GEORGE SOUKAS, MANAGER, THE VILLAGE NIGHTCLUB, RUBY
TUESDAY, RESTUARANT BAR AND GRILL, MANOR SHOPPING CENTER, VALENTINOS CAFE,
LANCASTER BRICKYARD BAR, LANCASTER COUNTY RESTUARANT ASSOCIATION, DAVID
PFLUMM, PENNSYLVANIA CAREER LINK, LIBERTY PLACE, LANCASTER, LANCASTER
EMPLOYMENT TRAINING AGENCY (LETA), MARK SPRUNGER, EXECUTIVE DIRECTOR, LETA, RED
ROSE TRANSIT AUTHORITY (RRTA), DAVID KILMER, RED ROSE TRANSIT AUTHORITY,
LANCASTER CITY POLICE BUREAU, KIETH SADDLER, CHIEF OF POLICE, LANCASTER CITY
POLICE BUREAU, SGT. RICHARD COSMORE, LANCASTER CITY POLICE BUREAU, LANCASTER
CITY HOUSING INSPECTION DEPARTMENT, MR. MCGUIRE, LANCASTER CITY HOUSING
INSPECTION DEPARTMENT AND NON-UNIFORMED UNION, REPRESENTATIVE LANCASTER CITY
POLICE UNION, LANCASTER CITY POLICE UNION, RICHARD GRAY, MAYOR , CITY OF
LANCASTER, LANCASTER COUNTYWIDE COMMUNICATIONS, WILLIAM RICHARD PLANK,
RESIDENTS OF 1200 BLOCK FREMONT STREET, LANCASTER, PA , LANCASTER COUNTY
DISTRICT ATTORNEY OFFICE, CRAIG STEDMAN, LANCASTER DISTRICT ATTORNEY, MICHAEL
LANDIS, DETECTIVE, LANCASTER COUNTY DISTRICT ATTY. OFFICE, PRESIDENT JUDGE, LOUIS
FARINA, LANCASTER COUNTY COURT OF COMMON PLEAS, JUDGE JAMES P. CULLEN,
LANCASTER COUNTY COURT OF COMMON PLEAS, COMMONWEALTH OF PENNSYLVANIA,
PENNSYLVANIA LIQUOR CONTROL BOARD, COMMONWEALTH OF PENNSYLVANIA ATTORNEY
GENERAL OFFICE, THOMAS CORBETT, PENNSYLVANIA ATTORNEY GENERAL / UNITED STATES
ATTORNEY OFFICE FO THE EASTERN DISTRICT OF PENNSLVANIA IN PHILADELPHIA, ERIC
HOLDER, UNITED STATES ATTORNEY GENERAL, FEDERAL BUREA OF INVESTIGATION (FBI),
HARRISBURG OFFICE, FEDERAL BUREA OF INVESTIGATION (FBI), PHILADELPHIA OFFICE,
SHERYL CROW, INTERSCOPE RECORDING ARTIST, UNITED STATES NATIONAL SECURITY
AGENCY (NSA(, UNITED STATES DEPARTMENT OF DEFENSE (D.O.D.), DEPARTMENT OF
DEFENSE INTELLIGENCE AGENCY, (DIA), ROBERT GATES, UNITED STATES SECRETARY OF
DEFENSE, BARRACK OBAMA, UNITED STATES PRESIDENT
InvoiceJ.to
STAN
CATERBONE
CATERBONE
Secretary
v. The
United
United
ofv.
Defense
States
United
States
ofAsh
States
America,
ofCarter
America,
of America,
et.al.,
et.al.,
Page
Page
Page
et.al.,
Page
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27
84
80
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Friday July 16,
15, 2016
06/15/2009
CaseTO
2:16-mc-00049-EGS
Document
12J. CATERBONE,
Filed 07/15/16
29 of 41
PRAECIPE
REINSTATE COMPLAINT FILED
BY STAN
PRO SE.Page
REINSTATED
AS
REQUESTED. RANDALL O. WENGER, PROTHONOTARY AND ADD THE FOLLOWING PARTIES TO
THE CAPTIONED: ANNIE BAILEYS RESTUARANT AND BAR, MARION COURTROOM RESTUARANT
AND BAR, MARION STREET CAFE, MIKE GEESEY, PROPRIETOR, MARION COURTROOM, ALLEY
KAT BAR AND RESTUARANT, JOHN KATRAS, PROPRIETOR, ALLEY KAT BAR AND RESTUARANT,
BRETT STABLEY, MANAGER, ALLEY KAT BAR AND RESTUARANT, ROSA ROSA RESTUARANT,
THE VILLAGE NIGHTCLUB, GEORGE SOUKAS, MANAGER, THE VILLAGE NIGHTCLUB, RUBY
TUESDAY, RESTUARANT BAR AND GRILL, MANOR SHOPPING CENTER, VALENTINOS CAFE,
LANCASTER BRICKYARD BAR, LANCASTER COUNTY RESTUARANT ASSOCIATION, DAVID
PFLUMM, PENNSYLVANIA CAREER LINK, LIBERTY PLACE, LANCASTER, LANCASTER
EMPLOYMENT TRAINING AGENCY (LETA), MARK SPRUNGER, EXECUTIVE DIRECTOR, LETA, RED
ROSE TRANSIT AUTHORITY (RRTA), DAVID KILMER, RED ROSE TRANSIT AUTHORITY,
LANCASTER CITY POLICE BUREAU, KIETH SADDLER, CHIEF OF POLICE, LANCASTER CITY
POLICE BUREAU, SGT. RICHARD COSMORE, LANCASTER CITY POLICE BUREAU, LANCASTER
CITY HOUSING INSPECTION DEPARTMENT, MR. MCGUIRE, LANCASTER CITY HOUSING
INSPECTION DEPARTMENT AND NON-UNIFORMED UNION, REPRESENTATIVE LANCASTER CITY
POLICE UNION, LANCASTER CITY POLICE UNION, RICHARD GRAY, MAYOR , CITY OF
LANCASTER, LANCASTER COUNTYWIDE COMMUNICATIONS, WILLIAM RICHARD PLANK,
RESIDENTS OF 1200 BLOCK FREMONT STREET, LANCASTER, PA , LANCASTER COUNTY
DISTRICT ATTORNEY OFFICE, CRAIG STEDMAN, LANCASTER DISTRICT ATTORNEY, MICHAEL
LANDIS, DETECTIVE, LANCASTER COUNTY DISTRICT ATTY. OFFICE, PRESIDENT JUDGE, LOUIS
FARINA, LANCASTER COUNTY COURT OF COMMON PLEAS, JUDGE JAMES P. CULLEN,
LANCASTER COUNTY COURT OF COMMON PLEAS, COMMONWEALTH OF PENNSYLVANIA,
PENNSYLVANIA LIQUOR CONTROL BOARD, COMMONWEALTH OF PENNSYLVANIA ATTORNEY
GENERAL OFFICE, THOMAS CORBETT, PENNSYLVANIA ATTORNEY GENERAL / UNITED STATES
ATTORNEY OFFICE FO THE EASTERN DISTRICT OF PENNSLVANIA IN PHILADELPHIA, ERIC
HOLDER, UNITED STATES ATTORNEY GENERAL, FEDERAL BUREA OF INVESTIGATION (FBI),
HARRISBURG OFFICE, FEDERAL BUREA OF INVESTIGATION (FBI), PHILADELPHIA OFFICE,
SHERYL CROW, INTERSCOPE RECORDING ARTIST, UNITED STATES NATIONAL SECURITY
AGENCY (NSA(, UNITED STATES DEPARTMENT OF DEFENSE (D.O.D.), DEPARTMENT OF
DEFENSE INTELLIGENCE AGENCY, (DIA), ROBERT GATES, UNITED STATES SECRETARY OF
DEFENSE, BARRACK OBAMA, UNITED STATES PRESIDENT
06/17/2009
06/18/2009
AMENDED CAPTION ENTRY IS: ADVANCED MEDIA GROUP / STAN J. CATERBONE VS. DUKE
STREET BUSINESS CENTER, ET AL, LANCASTER REGIONAL MEDICAL CENTER, COLLEGE
AVENUE, LANCASTER, PENNSYLVANIA, DR. L. WENGER, LANCASTER REGIONAL MEDICAL
CENTER, WEIS MARKETS, SADSBURY, PENNSYLVANIA, WEIS PHARMACY SADSBURY,
PENNSYLVANIA, AMY BRENT, PHARMICIST, DISTRICT MANAGER, WEIS MARKET, CVS
PHARMACY, MANOR SHOPPING CENTER, LANCASTER, PENNSYLVANIA, FULTON FINANCIAL
CORPORATION, LANCASTER, PENNSYLVANIA, FULTON BANK, LANCASTER, PENNSYLVANIA, MR.
R. SCOTT SMITH, CEO, FULTON FINANICAL CORPORATION, PHILLIP WENGER, COO, FULTON
FINANICAL CORPORATION, MR. CRAIG RODA, CEO FULTON BANK, MS DANA CHRYST, BOARD OF
DIRECTORS, FULTON FINANICAL CORPORATION, LANCASTER GENERAL HOSPITAL, NEW
HOLLAND DENTAL CLINIC, NEW HOLLAND, PENNSYLVANIA, DR. WEST, NEW HOLLAND DENTAL
CLINIC, LANCASTER NEWSPAPERS, INC., LANCASTER, PENNSYLVANIA, STEVE WEAVER,
MANAGER, LANCASTER NEWSPAPERS, JOHN BUCKWALTER, BOARD OF DIRECTORS,
CHAIRMAN, LANCASTER NEWSPAPERS, HIGH INDUSTRIES, LANCASTER, PENNSYLVANIA,
FRANK MCCABE, HIGH HOTELS, S. DALE HIGH, HIGH INDUSTRIES, BARLEY SNYDER, LLC.,
LANCASTER, PENNSYLVANIA, SHAWN LONG, ESQ., BARLEY SNYDER, LLC, WGAL TV-8,
LANCASTER, PENNSYLVANIA, PAUL QUINN, GENERAL MANAGER, WGAL TV-8, DOUG ALLEN,
WGAL TV-8, JANELLE STELLSON, WGAL TV-8, SUSAN SHIPIRO, WGAL TV-8, BARBARA BARR,
WGAL TV-8, LANCASTER COUNTY BOARD OF COMMISSIONERS, LANCASTER COUNTY,
PENNSYLVANIA, COPY MAX/IMPRESSO OFFICE MAX, RED ROSE COMMONS, LANCASTER,
PENNSYLVANIA, LANCASTER COUNTY CLERK OF COURTS, LANCASTER COUNTY COURT OF
COMMON PLEAS, RYAN P. AUMENT, LANCASTER COUNTY CLERK OF COURTS
InvoiceJ.to
STAN
CATERBONE
CATERBONE
Secretary
v. The
United
United
ofv.
Defense
States
United
States
ofAsh
States
America,
ofCarter
America,
of America,
et.al.,
et.al.,
Page
Page
Page
et.al.,
Page
81
28
85
81
84
of
of
of
of
225
40
252
248
251
(c) CountySuite Prothonotary, Teleosoft, Inc.
Saturday
Friday July 16,
15, 2016
06/18/2009
CaseTO
2:16-mc-00049-EGS
12 DIRECTED
Filed 07/15/16
Page
30 of 41
PRAECIPE
REINSTATE COMPLAINT. Document
REINSTATED AS
BY RANDALL
O. WENGER,
PROTHONOTARY. FILED BY: STAN J. CATERBONE, PRO SE AND ADD THE FOLLOWING NAMES
TO THE CAPTIONED COMPLAINT: LANCASTER REGIONAL MEDICAL CENTER, COLLEGE
AVENUE, LANCASTER, PENNSYLVANIA, DR. L. WENGER, LANCASTER REGIONAL MEDICAL
CENTER, WEIS MARKETS, SADSBURY, PENNSYLVANIA, WEIS PHARMACY SADSBURY,
PENNSYLVANIA, AMY BRENT, PHARMICIST, DISTRICT MANAGER, WEIS MARKET, CVS
PHARMACY, MANOR SHOPPING CENTER, LANCASTER, PENNSYLVANIA, FULTON FINANCIAL
CORPORATION, LANCASTER, PENNSYLVANIA, FULTON BANK, LANCASTER, PENNSYLVANIA, MR.
R. SCOTT SMITH, CEO, FULTON FINANICAL CORPORATION, PHILLIP WENGER, COO, FULTON
FINANICAL CORPORATION, MR. CRAIG RODA, CEO FULTON BANK, MS DANA CHRYST, BOARD OF
DIRECTORS, FULTON FINANICAL CORPORATION, LANCASTER GENERAL HOSPITAL, NEW
HOLLAND DENTAL CLINIC, NEW HOLLAND, PENNSYLVANIA, DR. WEST, NEW HOLLAND DENTAL
CLINIC, LANCASTER NEWSPAPERS, INC., LANCASTER, PENNSYLVANIA, STEVE WEAVER,
MANAGER, LANCASTER NEWSPAPERS, JOHN BUCKWALTER, BOARD OF DIRECTORS,
CHAIRMAN, LANCASTER NEWSPAPERS, HIGH INDUSTRIES, LANCASTER, PENNSYLVANIA,
FRANK MCCABE, HIGH HOTELS, S. DALE HIGH, HIGH INDUSTRIES, BARLEY SNYDER, LLC.,
LANCASTER, PENNSYLVANIA, SHAWN LONG, ESQ., BARLEY SNYDER, LLC, WGAL TV-8,
LANCASTER, PENNSYLVANIA, PAUL QUINN, GENERAL MANAGER, WGAL TV-8, DOUG ALLEN,
WGAL TV-8, JANELLE STELLSON, WGAL TV-8, SUSAN SHIPIRO, WGAL TV-8, BARBARA BARR,
WGAL TV-8, LANCASTER COUNTY BOARD OF COMMISSIONERS, LANCASTER COUNTY,
PENNSYLVANIA, COPY MAX/IMPRESSO OFFICE MAX, RED ROSE COMMONS, LANCASTER,
PENNSYLVANIA, LANCASTER COUNTY CLERK OF COURTS, LANCASTER COUNTY COURT OF
COMMON PLEAS, RYAN P. AUMENT, LANCASTER COUNTY CLERK OF COURTS
06/24/2009
06/26/2009
PRAECIPE TO FILE EXHIBIT A-15. FILED BY: STAN J. CATERBONE, PRO SE.
06/29/2009
07/01/2009
07/02/2009
07/07/2009
07/13/2009
07/14/2009
07/14/2009
InvoiceJ.to
STAN
CATERBONE
CATERBONE
Secretary
v. The
United
United
ofv.
Defense
States
United
States
ofAsh
States
America,
ofCarter
America,
of America,
et.al.,
et.al.,
Page
Page
Page
et.al.,
Page
82
29
86
82
85
of
of
of
of
225
40
252
248
251
(c) CountySuite Prothonotary, Teleosoft, Inc.
Saturday
Friday July 16,
15, 2016
07/14/2009
CaseCAPTION
2:16-mc-00049-EGS
Document
12 Filed
Page
31 of 41
AMENDED
ENTRY IS: ADVANCED
MEDIA GROUP
/ STAN 07/15/16
J. CATERBONE
VS. DUKE
STREET BUSINESS CENTER, ET AL, LANCASTER REGIONAL MEDICAL CENTER, COLLEGE
AVENUE, LANCASTER, PENNSYLVANIA, DR. L. WENGER, LANCASTER REGIONAL MEDICAL
CENTER, WEIS MARKETS, SADSBURY, PENNSYLVANIA, WEIS PHARMACY SADSBURY,
PENNSYLVANIA, AMY BRENT, PHARMICIST, DISTRICT MANAGER, WEIS MARKET, CVS
PHARMACY, MANOR SHOPPING CENTER, LANCASTER, PENNSYLVANIA, FULTON FINANCIAL
CORPORATION, LANCASTER, PENNSYLVANIA, FULTON BANK, LANCASTER, PENNSYLVANIA, MR.
R. SCOTT SMITH, CEO, FULTON FINANICAL CORPORATION, PHILLIP WENGER, COO, FULTON
FINANICAL CORPORATION, MR. CRAIG RODA, CEO FULTON BANK, MS DANA CHRYST, BOARD OF
DIRECTORS, FULTON FINANICAL CORPORATION, LANCASTER GENERAL HOSPITAL, NEW
HOLLAND DENTAL CLINIC, NEW HOLLAND, PENNSYLVANIA, DR. WEST, NEW HOLLAND DENTAL
CLINIC, LANCASTER NEWSPAPERS, INC., LANCASTER, PENNSYLVANIA, STEVE WEAVER,
MANAGER, LANCASTER NEWSPAPERS, JOHN BUCKWALTER, BOARD OF DIRECTORS,
CHAIRMAN, LANCASTER NEWSPAPERS, HIGH INDUSTRIES, LANCASTER, PENNSYLVANIA,
FRANK MCCABE, HIGH HOTELS, S. DALE HIGH, HIGH INDUSTRIES, BARLEY SNYDER, LLC.,
LANCASTER, PENNSYLVANIA, SHAWN LONG, ESQ., BARLEY SNYDER, LLC, WGAL TV-8,
LANCASTER, PENNSYLVANIA, PAUL QUINN, GENERAL MANAGER, WGAL TV-8, DOUG ALLEN,
WGAL TV-8, JANELLE STELLSON, WGAL TV-8, SUSAN SHIPIRO, WGAL TV-8, BARBARA BARR,
WGAL TV-8, LANCASTER COUNTY BOARD OF COMMISSIONERS, LANCASTER COUNTY,
PENNSYLVANIA, COPY MAX/IMPRESSO OFFICE MAX, RED ROSE COMMONS, LANCASTER,
PENNSYLVANIA, LANCASTER COUNTY CLERK OF COURTS, LANCASTER COUNTY COURT OF
COMMON PLEAS, RYAN P. AUMENT, LANCASTER COUNTY CLERK OF COURTS, LANCASTER
GENERAL HOSPITAL, LANCASTER GENERAL HOSPITAL EMERGENCY DEPARTMENT, NURSE 1 OF
JULY 13, 2009 OF THE LANCASTER GENERAL HOSPITAL EMERGENCY DEPARTMENT, NURSE 2
OF JULY 13, 2009 OF THE LANCASTER GENERAL HOSPITAL EMERGENCY DEPARTMENT, DR.
VITO DICAMILLO OF THE LANCASTER GENERAL HOSPITAL EMERGENCY DEPARTMENT,
WACHOVIA BANK, HERSHEY AVENUE AND MANOR STREETS, LANCASTER, PENNSYLVANIA,
BRANCH MANAGER, WACHOVIA BANK, HERSHEY AVENUE AND MANOR STREETS, LANCASTER,
PENNSYLVANIA, ANNIE BAILEYS RESTUARANT AND BAR, MARION COURTROOM RESTUARANT
AND BAR, MARION STREET CAFE, MIKE GEESEY, PROPRIETOR, MARION COURTROOM, ALLEY
KAT BAR AND RESTUARANT, JOHN KATRAS, PROPRIETOR, ALLEY KAT BAR AND RESTUARANT,
BRETT STABLEY, MANAGER, ALLEY KAT BAR AND RESTUARANT, ROSA ROSA RESTUARANT,
THE VILLAGE NIGHTCLUB, GEORGE SOUKAS, MANAGER, THE VILLAGE NIGHTCLUB, RUBY
TUESDAY, RESTUARANT BAR AND GRILL, MANOR SHOPPING CENTER, VALENTINOS CAFE,
LANCASTER BRICKYARD BAR, LANCASTER COUNTY RESTUARANT ASSOCIATION, DAVID
PFLUMM, PENNSYLVANIA CAREER LINK, LIBERTY PLACE, LANCASTER, LANCASTER
EMPLOYMENT TRAINING AGENCY (LETA), MARK SPRUNGER, EXECUTIVE DIRECTOR, LETA, RED
ROSE TRANSIT AUTHORITY (RRTA), DAVID KILMER, RED ROSE TRANSIT AUTHORITY,
LANCASTER CITY POLICE BUREAU, KIETH SADDLER, CHIEF OF POLICE, LANCASTER CITY
POLICE BUREAU, SGT. RICHARD COSMORE, LANCASTER CITY POLICE BUREAU, LANCASTER
CITY HOUSING INSPECTION DEPARTMENT, MR. MCGUIRE, LANCASTER CITY HOUSING
INSPECTION DEPARTMENT AND NON-UNIFORMED UNION, REPRESENTATIVE LANCASTER CITY
POLICE UNION, LANCASTER CITY POLICE UNION, RICHARD GRAY, MAYOR , CITY OF
LANCASTER, LANCASTER COUNTYWIDE COMMUNICATIONS, WILLIAM RICHARD PLANK,
RESIDENTS OF 1200 BLOCK FREMONT STREET, LANCASTER, PA , LANCASTER COUNTY
DISTRICT ATTORNEY OFFICE, CRAIG STEDMAN, LANCASTER DISTRICT ATTORNEY, MICHAEL
LANDIS, DETECTIVE, LANCASTER COUNTY DISTRICT ATTY. OFFICE, PRESIDENT JUDGE, LOUIS
FARINA, LANCASTER COUNTY COURT OF COMMON PLEAS, JUDGE JAMES P. CULLEN,
LANCASTER COUNTY COURT OF COMMON PLEAS, COMMONWEALTH OF PENNSYLVANIA,
PENNSYLVANIA LIQUOR CONTROL BOARD, COMMONWEALTH OF PENNSYLVANIA ATTORNEY
GENERAL OFFICE, THOMAS CORBETT, PENNSYLVANIA ATTORNEY GENERAL / UNITED STATES
ATTORNEY OFFICE FO THE EASTERN DISTRICT OF PENNSLVANIA IN PHILADELPHIA, ERIC
HOLDER, UNITED STATES ATTORNEY GENERAL, FEDERAL BUREA OF INVESTIGATION (FBI),
HARRISBURG OFFICE, FEDERAL BUREA OF INVESTIGATION (FBI), PHILADELPHIA OFFICE,
SHERYL CROW, INTERSCOPE RECORDING ARTIST, UNITED STATES NATIONAL SECURITY
AGENCY (NSA(, UNITED STATES DEPARTMENT OF DEFENSE (D.O.D.), DEPARTMENT OF
DEFENSE INTELLIGENCE AGENCY, (DIA), ROBERT GATES, UNITED STATES SECRETARY OF
DEFENSE, BARRACK OBAMA, UNITED STATES PRESIDENT, DR. AMINTA HAWKINS-BREAN, PH.D.,
VICE PRESIDENT STUDENT AFFAIRS, MILLERSVILLE UNIVERSITY, JODIE RICHARDSON,
SECRETARY OF STUDENT AFFAIRS, MILLERSVILLE UNIVERSITY, LORI B. AUSTIN, DIRECTOR OF
JUDICIAL AFFAIRS, MILLERSVILLE UNIVERSITY, VICTOR DESANTIS, DIRECTOR, GRADUATE
STUDIES AND RESEACH PROGRAM, MILLERSVILLE UNIVERSITY, MARJORIE M. WARMKESSLER,
PH.D. HUMANTIES LIBRARIAN AND LIBRARIAN INSTRUCTION COORDINATOR, MILLERSVILLE
UNIVERSITY, MILLERSVILLE UNIVERSITY POLICE DEPARTMENT, MILLERSVILLE UNIVERSITY,
NATHANIEL BOMBERGER, LEGISLATIVE ASSISTANT, P. MICHAEL STURLA, PENNSYLVANIA
InvoiceJ.to
STAN
CATERBONE
CATERBONE
Secretary
v. The
United
United
ofv.
Defense
States
United
States
ofAsh
States
America,
ofCarter
America,
of America,
et.al.,
et.al.,
Page
Page
Page
et.al.,
Page
83
30
87
83
86
of
of
of
of
225
40
252
248
251
(c) CountySuite Prothonotary, Teleosoft, Inc.
Saturday
Friday July 16,
15, 2016
Case
2:16-mc-00049-EGS
Document
12OF Filed
07/15/16
Page
32 of 41
HOUSE
OF REPRESENTATIVES,
JOHN ROCHAT,
CHIEF
POLICE,
MILLERSVILLE
BOROUGH
POLICE DEPARTMENT, MILLERSVILLE BOROUGH POLICE DEPARTMENT
07/16/2009
PRAECIPE TO FILE EXHIBIT A-22 FILED BY: STAN J. CATERBONE, PRO SE.
07/17/2009
07/23/2009
07/28/2009
07/29/2009
PRAECIPE TO FILE EXHIBIT A-26 FILED BY: STAN J. CATERBONE, PRO SE.
08/03/2009
PRAECIPE TO FILE EXHIBIT A-27 FILED BY: STAN J. CATERBONE, PRO SE.
08/03/2009
08/05/2009
PRAECIPE TO FILE EXHIBIT A-29 FILED BY: STAN J. CATERBONE, PRO SE.
08/07/2009
PRAECIPE TO REINSTATE THE COMPLAINT AND TO ADD THE FOLLOWING NAMED PARTIES TO
THE COMPLAINT:STEVE MIDCIFF, CEO, LANCASTER REGIONAL HOSPITAL, LANCASTER, PA.; DR.
ANTHONY MASTROPIETRO, MEDICAL DIRECTOR, LANCASTER REGIN HOSPITAL, LANCASTER,
PA.; LINDA S. WENGER, PA-C, LANCASTER REGIONAL HOSPITAL, LANCASTER, PA.; CHRISTINE M.
DANG, M.D., LANCASTER REGIONAL HOSPITAL, LANCASTER, PA.; MASTROPIETRO ASSOCIATES
FAMILY PRACTICE, NOLL DRIVE, LANCASTER, PA.; BLACK AND BLACK DENTAL, WILLOW ST., PA.;
DR. JOHN BLACK III, BLACK AND BLACK DENTAL, WILLOW ST., PA.; SOUTHEAST HEALTH CLINIC,
BRIGHTSIDE BAPTIST CHURCH, LANCASTER, PA.; DR. LEO DORIZYNSKI, PSYCHIATRY
DEPARTMENT, LANCASTER GENERAL HOSPITAL, LANCASTER, PA.; DR. SEAN COLDREN, M.D.,
PSYCHIATRY DEPARTMENT, LANCASTER GENERAL HOSPITAL, LANCASTER, PA.; DR. EMILY
PRESSLEY, M.D., PSYCHIATRY DEPARTMENT, LANCASTER GENERAL HOSPITAL, LANCASTER,
PA..; DR. DANIEL McINTYRE, M.D., LANCASTER GENERAL HOSPITAL, LANCASTER, PA.;
LANCASTER GENERAL HOSPITAL, DEPARTMENT OF PSYCHIATRY, LANCASTER, PA.; DR. TATE,
LANCASTER EMERGENCY ASSOCIATES OF LANCASTER GENERAL HOSPITAL, LANCASTER, PA..;
AMY MILLHOUSE, LANCASTER GENERAL HOSPITAL, LANCASTER, PA.; OFFICER ERIC McCRADY,
LANCASTER CITY BURAEU OF POLICE, LANCASTER, PA.; LANCASTER COUNTY MENTAL
HEALTH/MENTAL RETARDATION DEPARTMENT, COUNTY OF LANCASTER, LANCASTER, PA.;
JAMES McLAUGHLIN, DISRECTOR, MENTAL HEALTH/MENTAL RETARDATION DEPARTMENT,
COUNTY OF LANCASTER, LANCASTER, PA.; CRISIS INTERVENTION OF LANCASTER COUNTY;
MR. McCARDY, EXECUTIVE DIRECTOR, CRISIS INTERVENTION OF LANCASTER COUNTY' BOARD
OF COMMISSIONERS, COUNTY OF LANCASTER, PA.; DENNIS STUCKEY, CHAIRMAN, BOARD OF
COMMISSIONERS, COUNTY OF LANCASTER, PA.; HOUSE OF PASTA, BAR & RESTAURANT,
MILLERSVILLE PIKE, LANCASTER, PA.; YORGEY'S RESTAURANT & BAR, NORTH QUEEN ST.,
LANCASTER, PA.; UPS COPY STORE, STONE MILL PLAZA, LANCASTER, PA.; ART WARD,
PROPERIETOR, UPS COPY STORE, STONE MILL PLAZA, LANCASTER, PA.; PENNSYLVANIA STATE
POLICE TROOP J. LINCOLN HIGHWAY EAST, LANCASTER, PA.; COMMANDER, PA. STATE POLICE
TROOP J, LINCOLN HIGHWAY EAST, LANCASTER, PA.; PENNSYLVANIA DEPARTMENT OF
TRANSPORTATION(PENNDOT); BEVERLY POINTS, ESQ., LEGAL COUNSEL, PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION; LANCASTER COUNTY DEPARTMENT OF SHERIFFS,
COUNTY OF LANCASTER, PA.; TERRY BERGMAN, SHERIFF OF LANCASTER COUNTY
DEPARTMENT OF SHERIFFS, COUNTY OF LANCASTER, PA.; MARK REESE, CHIEF DEPUTY,
LANCASTER COUNTY DEPARTMENT OF SHERIFFS, COUNTY OF LANCASTER, PA. FILED BY:
STAN J. CATERBONE, PRO SE.
REINSTATED AS DIRECTED. RANDALL O. WENGER,
PROTHONOTARY.
InvoiceJ.to
STAN
CATERBONE
CATERBONE
Secretary
v. The
United
United
ofv.
Defense
States
United
States
ofAsh
States
America,
ofCarter
America,
of America,
et.al.,
et.al.,
Page
Page
Page
et.al.,
Page
84
31
88
84
87
of
of
of
of
225
40
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248
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(c) CountySuite Prothonotary, Teleosoft, Inc.
Saturday
Friday July 16,
15, 2016
08/07/2009
CaseCAPTION
2:16-mc-00049-EGS
Document
12 Filed
Page
33 of 41
AMENDED
ENTRY IS: ADVANCED
MEDIA GROUP
/ STAN 07/15/16
J. CATERBONE
VS. DUKE
STREET BUSINESS CENTER, ET AL, LANCASTER REGIONAL MEDICAL CENTER, COLLEGE
AVENUE, LANCASTER, PENNSYLVANIA, DR. L. WENGER, LANCASTER REGIONAL MEDICAL
CENTER, WEIS MARKETS, SADSBURY, PENNSYLVANIA, WEIS PHARMACY SADSBURY,
PENNSYLVANIA, AMY BRENT, PHARMICIST, DISTRICT MANAGER, WEIS MARKET, CVS
PHARMACY, MANOR SHOPPING CENTER, LANCASTER, PENNSYLVANIA, FULTON FINANCIAL
CORPORATION, LANCASTER, PENNSYLVANIA, FULTON BANK, LANCASTER, PENNSYLVANIA, MR.
R. SCOTT SMITH, CEO, FULTON FINANICAL CORPORATION, PHILLIP WENGER, COO, FULTON
FINANICAL CORPORATION, MR. CRAIG RODA, CEO FULTON BANK, MS DANA CHRYST, BOARD OF
DIRECTORS, FULTON FINANICAL CORPORATION, LANCASTER GENERAL HOSPITAL, NEW
HOLLAND DENTAL CLINIC, NEW HOLLAND, PENNSYLVANIA, DR. WEST, NEW HOLLAND DENTAL
CLINIC, LANCASTER NEWSPAPERS, INC., LANCASTER, PENNSYLVANIA, STEVE WEAVER,
MANAGER, LANCASTER NEWSPAPERS, JOHN BUCKWALTER, BOARD OF DIRECTORS,
CHAIRMAN, LANCASTER NEWSPAPERS, HIGH INDUSTRIES, LANCASTER, PENNSYLVANIA,
FRANK MCCABE, HIGH HOTELS, S. DALE HIGH, HIGH INDUSTRIES, BARLEY SNYDER, LLC.,
LANCASTER, PENNSYLVANIA, SHAWN LONG, ESQ., BARLEY SNYDER, LLC, WGAL TV-8,
LANCASTER, PENNSYLVANIA, PAUL QUINN, GENERAL MANAGER, WGAL TV-8, DOUG ALLEN,
WGAL TV-8, JANELLE STELLSON, WGAL TV-8, SUSAN SHIPIRO, WGAL TV-8, BARBARA BARR,
WGAL TV-8, LANCASTER COUNTY BOARD OF COMMISSIONERS, LANCASTER COUNTY,
PENNSYLVANIA, COPY MAX/IMPRESSO OFFICE MAX, RED ROSE COMMONS, LANCASTER,
PENNSYLVANIA, LANCASTER COUNTY CLERK OF COURTS, LANCASTER COUNTY COURT OF
COMMON PLEAS, RYAN P. AUMENT, LANCASTER COUNTY CLERK OF COURTS, LANCASTER
GENERAL HOSPITAL, LANCASTER GENERAL HOSPITAL EMERGENCY DEPARTMENT, NURSE 1 OF
JULY 13, 2009 OF THE LANCASTER GENERAL HOSPITAL EMERGENCY DEPARTMENT, NURSE 2
OF JULY 13, 2009 OF THE LANCASTER GENERAL HOSPITAL EMERGENCY DEPARTMENT, DR.
VITO DICAMILLO OF THE LANCASTER GENERAL HOSPITAL EMERGENCY DEPARTMENT,
WACHOVIA BANK, HERSHEY AVENUE AND MANOR STREETS, LANCASTER, PENNSYLVANIA,
BRANCH MANAGER, WACHOVIA BANK, HERSHEY AVENUE AND MANOR STREETS, LANCASTER,
PENNSYLVANIA, ANNIE BAILEYS RESTUARANT AND BAR, MARION COURTROOM RESTUARANT
AND BAR, MARION STREET CAFE, MIKE GEESEY, PROPRIETOR, MARION COURTROOM, ALLEY
KAT BAR AND RESTUARANT, JOHN KATRAS, PROPRIETOR, ALLEY KAT BAR AND RESTUARANT,
BRETT STABLEY, MANAGER, ALLEY KAT BAR AND RESTUARANT, ROSA ROSA RESTUARANT,
THE VILLAGE NIGHTCLUB, GEORGE SOUKAS, MANAGER, THE VILLAGE NIGHTCLUB, RUBY
TUESDAY, RESTUARANT BAR AND GRILL, MANOR SHOPPING CENTER, VALENTINOS CAFE,
LANCASTER BRICKYARD BAR, LANCASTER COUNTY RESTUARANT ASSOCIATION, DAVID
PFLUMM, PENNSYLVANIA CAREER LINK, LIBERTY PLACE, LANCASTER, LANCASTER
EMPLOYMENT TRAINING AGENCY (LETA), MARK SPRUNGER, EXECUTIVE DIRECTOR, LETA, RED
ROSE TRANSIT AUTHORITY (RRTA), DAVID KILMER, RED ROSE TRANSIT AUTHORITY,
LANCASTER CITY POLICE BUREAU, KIETH SADDLER, CHIEF OF POLICE, LANCASTER CITY
POLICE BUREAU, SGT. RICHARD COSMORE, LANCASTER CITY POLICE BUREAU, LANCASTER
CITY HOUSING INSPECTION DEPARTMENT, MR. MCGUIRE, LANCASTER CITY HOUSING
INSPECTION DEPARTMENT AND NON-UNIFORMED UNION, REPRESENTATIVE LANCASTER CITY
POLICE UNION, LANCASTER CITY POLICE UNION, RICHARD GRAY, MAYOR , CITY OF
LANCASTER, LANCASTER COUNTYWIDE COMMUNICATIONS, WILLIAM RICHARD PLANK,
RESIDENTS OF 1200 BLOCK FREMONT STREET, LANCASTER, PA , LANCASTER COUNTY
DISTRICT ATTORNEY OFFICE, CRAIG STEDMAN, LANCASTER DISTRICT ATTORNEY, MICHAEL
LANDIS, DETECTIVE, LANCASTER COUNTY DISTRICT ATTY. OFFICE, PRESIDENT JUDGE, LOUIS
FARINA, LANCASTER COUNTY COURT OF COMMON PLEAS, JUDGE JAMES P. CULLEN,
LANCASTER COUNTY COURT OF COMMON PLEAS, COMMONWEALTH OF PENNSYLVANIA,
PENNSYLVANIA LIQUOR CONTROL BOARD, COMMONWEALTH OF PENNSYLVANIA ATTORNEY
GENERAL OFFICE, THOMAS CORBETT, PENNSYLVANIA ATTORNEY GENERAL / UNITED STATES
ATTORNEY OFFICE FO THE EASTERN DISTRICT OF PENNSLVANIA IN PHILADELPHIA, ERIC
HOLDER, UNITED STATES ATTORNEY GENERAL, FEDERAL BUREA OF INVESTIGATION (FBI),
HARRISBURG OFFICE, FEDERAL BUREA OF INVESTIGATION (FBI), PHILADELPHIA OFFICE,
SHERYL CROW, INTERSCOPE RECORDING ARTIST, UNITED STATES NATIONAL SECURITY
AGENCY (NSA(, UNITED STATES DEPARTMENT OF DEFENSE (D.O.D.), DEPARTMENT OF
DEFENSE INTELLIGENCE AGENCY, (DIA), ROBERT GATES, UNITED STATES SECRETARY OF
DEFENSE, BARRACK OBAMA, UNITED STATES PRESIDENT, DR. AMINTA HAWKINS-BREAN, PH.D.,
VICE PRESIDENT STUDENT AFFAIRS, MILLERSVILLE UNIVERSITY, JODIE RICHARDSON,
SECRETARY OF STUDENT AFFAIRS, MILLERSVILLE UNIVERSITY, LORI B. AUSTIN, DIRECTOR OF
JUDICIAL AFFAIRS, MILLERSVILLE UNIVERSITY, VICTOR DESANTIS, DIRECTOR, GRADUATE
STUDIES AND RESEACH PROGRAM, MILLERSVILLE UNIVERSITY, MARJORIE M. WARMKESSLER,
PH.D. HUMANTIES LIBRARIAN AND LIBRARIAN INSTRUCTION COORDINATOR, MILLERSVILLE
UNIVERSITY, MILLERSVILLE UNIVERSITY POLICE DEPARTMENT, MILLERSVILLE UNIVERSITY,
NATHANIEL BOMBERGER, LEGISLATIVE ASSISTANT, P. MICHAEL STURLA, PENNSYLVANIA
InvoiceJ.to
STAN
CATERBONE
CATERBONE
Secretary
v. The
United
United
ofv.
Defense
States
United
States
ofAsh
States
America,
ofCarter
America,
of America,
et.al.,
et.al.,
Page
Page
Page
et.al.,
Page
85
32
89
85
88
of
of
of
of
225
40
252
248
251
(c) CountySuite Prothonotary, Teleosoft, Inc.
Saturday
Friday July 16,
15, 2016
Case
2:16-mc-00049-EGS
Document
12OF Filed
07/15/16
Page
34 of 41
HOUSE
OF REPRESENTATIVES,
JOHN ROCHAT,
CHIEF
POLICE,
MILLERSVILLE
BOROUGH
POLICE DEPARTMENT, MILLERSVILLE BOROUGH POLICE DEPARTMENT, STEVE MIDCIFF, CEO,
LANCASTER REGIONAL HOSPITAL, LANCASTER, PA.; DR. ANTHONY MASTROPIETRO, MEDICAL
DIRECTOR, LANCASTER REGIN HOSPITAL, LANCASTER, PA.; LINDA S. WENGER, PA-C,
LANCASTER REGIONAL HOSPITAL, LANCASTER, PA.; CHRISTINE M. DANG, M.D., LANCASTER
REGIONAL HOSPITAL, LANCASTER, PA.; MASTROPIETRO ASSOCIATES FAMILY PRACTICE, NOLL
DRIVE, LANCASTER, PA.; BLACK AND BLACK DENTAL, WILLOW ST., PA.; DR. JOHN BLACK III,
BLACK AND BLACK DENTAL, WILLOW ST., PA.; SOUTHEAST HEALTH CLINIC, BRIGHTSIDE
BAPTIST CHURCH, LANCASTER, PA.; DR. LEO DORIZYNSKI, PSYCHIATRY DEPARTMENT,
LANCASTER GENERAL HOSPITAL, LANCASTER, PA.; DR. SEAN COLDREN, M.D., PSYCHIATRY
DEPARTMENT, LANCASTER GENERAL HOSPITAL, LANCASTER, PA.; DR. EMILY PRESSLEY, M.D.,
PSYCHIATRY DEPARTMENT, LANCASTER GENERAL HOSPITAL, LANCASTER, PA..; DR. DANIEL
McINTYRE, M.D., LANCASTER GENERAL HOSPITAL, LANCASTER, PA.; LANCASTER GENERAL
HOSPITAL, DEPARTMENT OF PSYCHIATRY, LANCASTER, PA.; DR. TATE, LANCASTER
EMERGENCY ASSOCIATES OF LANCASTER GENERAL HOSPITAL, LANCASTER, PA..; AMY
MILLHOUSE, LANCASTER GENERAL HOSPITAL, LANCASTER, PA.; OFFICER ERIC McCRADY,
LANCASTER CITY BURAEU OF POLICE, LANCASTER, PA.; LANCASTER COUNTY MENTAL
HEALTH/MENTAL RETARDATION DEPARTMENT, COUNTY OF LANCASTER, LANCASTER, PA.;
JAMES McLAUGHLIN, DISRECTOR, MENTAL HEALTH/MENTAL RETARDATION DEPARTMENT,
COUNTY OF LANCASTER, LANCASTER, PA.; CRISIS INTERVENTION OF LANCASTER COUNTY;
MR. McCARDY, EXECUTIVE DIRECTOR, CRISIS INTERVENTION OF LANCASTER COUNTY' BOARD
OF COMMISSIONERS, COUNTY OF LANCASTER, PA.; DENNIS STUCKEY, CHAIRMAN, BOARD OF
COMMISSIONERS, COUNTY OF LANCASTER, PA.; HOUSE OF PASTA, BAR & RESTAURANT,
MILLERSVILLE PIKE, LANCASTER, PA.; YORGEY'S RESTAURANT & BAR, NORTH QUEEN ST.,
LANCASTER, PA.; UPS COPY STORE, STONE MILL PLAZA, LANCASTER, PA.; ART WARD,
PROPERIETOR, UPS COPY STORE, STONE MILL PLAZA, LANCASTER, PA.; PENNSYLVANIA STATE
POLICE TROOP J. LINCOLN HIGHWAY EAST, LANCASTER, PA.; COMMANDER, PA. STATE POLICE
TROOP J, LINCOLN HIGHWAY EAST, LANCASTER, PA.; PENNSYLVANIA DEPARTMENT OF
TRANSPORTATION(PENNDOT); BEVERLY POINTS, ESQ., LEGAL COUNSEL, PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION; LANCASTER COUNTY DEPARTMENT OF SHERIFFS,
COUNTY OF LANCASTER, PA.; TERRY BERGMAN, SHERIFF OF LANCASTER COUNTY
DEPARTMENT OF SHERIFFS, COUNTY OF LANCASTER, PA.; MARK REESE, CHIEF DEPUTY,
LANCASTER COUNTY DEPARTMENT OF SHERIFFS, COUNTY OF LANCASTER, PA.
08/11/2009
08/14/2009
08/20/2009
PRAECIPE TO FILE EXHIBIT A-32 FILED BY: STAN J. CATERBONE, PRO SE, PLAINTIFF
08/31/2009
PRAECIPE TO REINSTATE THE COMPLAINT AND TO KINDLY ADD THE FOLLOWING NAMED
PARTIES: LENS CRAFTERS; DR. JOHN H. BROADDUS & ASSOCIATES; CARTRIDGE WORLD;
KOHLS DEPARTMENT STORE; EYEMART EXPRESS STORE; DR. HARRY BREITMAN; OFFICE MAX
STORE; CENTRAL INTELLIGENCE AGENCY, CIA; LEON PANETTA, DIRECTOR CIA FILED BY STAN
J. CATERBONE, PLAINTIFF, PRO SE. REINSTATED AS DIRECTED. RANDALL O. WENGER, ESQ.
InvoiceJ.to
STAN
CATERBONE
CATERBONE
Secretary
v. The
United
United
ofv.
Defense
States
United
States
ofAsh
States
America,
ofCarter
America,
of America,
et.al.,
et.al.,
Page
Page
Page
et.al.,
Page
86
33
90
86
89
of
of
of
of
225
40
252
248
251
(c) CountySuite Prothonotary, Teleosoft, Inc.
Saturday
Friday July 16,
15, 2016
08/31/2009
CaseCAPTION
2:16-mc-00049-EGS
Document
12 Filed
Page
35 of 41
AMENDED
ENTRY IS: ADVANCED
MEDIA GROUP
/ STAN 07/15/16
J. CATERBONE
VS. DUKE
STREET BUSINESS CENTER, ET AL, LANCASTER REGIONAL MEDICAL CENTER, COLLEGE
AVENUE, LANCASTER, PENNSYLVANIA, DR. L. WENGER, LANCASTER REGIONAL MEDICAL
CENTER, WEIS MARKETS, SADSBURY, PENNSYLVANIA, WEIS PHARMACY SADSBURY,
PENNSYLVANIA, AMY BRENT, PHARMICIST, DISTRICT MANAGER, WEIS MARKET, CVS
PHARMACY, MANOR SHOPPING CENTER, LANCASTER, PENNSYLVANIA, FULTON FINANCIAL
CORPORATION, LANCASTER, PENNSYLVANIA, FULTON BANK, LANCASTER, PENNSYLVANIA, MR.
R. SCOTT SMITH, CEO, FULTON FINANICAL CORPORATION, PHILLIP WENGER, COO, FULTON
FINANICAL CORPORATION, MR. CRAIG RODA, CEO FULTON BANK, MS DANA CHRYST, BOARD OF
DIRECTORS, FULTON FINANICAL CORPORATION, LANCASTER GENERAL HOSPITAL, NEW
HOLLAND DENTAL CLINIC, NEW HOLLAND, PENNSYLVANIA, DR. WEST, NEW HOLLAND DENTAL
CLINIC, LANCASTER NEWSPAPERS, INC., LANCASTER, PENNSYLVANIA, STEVE WEAVER,
MANAGER, LANCASTER NEWSPAPERS, JOHN BUCKWALTER, BOARD OF DIRECTORS,
CHAIRMAN, LANCASTER NEWSPAPERS, HIGH INDUSTRIES, LANCASTER, PENNSYLVANIA,
FRANK MCCABE, HIGH HOTELS, S. DALE HIGH, HIGH INDUSTRIES, BARLEY SNYDER, LLC.,
LANCASTER, PENNSYLVANIA, SHAWN LONG, ESQ., BARLEY SNYDER, LLC, WGAL TV-8,
LANCASTER, PENNSYLVANIA, PAUL QUINN, GENERAL MANAGER, WGAL TV-8, DOUG ALLEN,
WGAL TV-8, JANELLE STELLSON, WGAL TV-8, SUSAN SHIPIRO, WGAL TV-8, BARBARA BARR,
WGAL TV-8, LANCASTER COUNTY BOARD OF COMMISSIONERS, LANCASTER COUNTY,
PENNSYLVANIA, COPY MAX/IMPRESSO OFFICE MAX, RED ROSE COMMONS, LANCASTER,
PENNSYLVANIA, LANCASTER COUNTY CLERK OF COURTS, LANCASTER COUNTY COURT OF
COMMON PLEAS, RYAN P. AUMENT, LANCASTER COUNTY CLERK OF COURTS, LANCASTER
GENERAL HOSPITAL, LANCASTER GENERAL HOSPITAL EMERGENCY DEPARTMENT, NURSE 1 OF
JULY 13, 2009 OF THE LANCASTER GENERAL HOSPITAL EMERGENCY DEPARTMENT, NURSE 2
OF JULY 13, 2009 OF THE LANCASTER GENERAL HOSPITAL EMERGENCY DEPARTMENT, DR.
VITO DICAMILLO OF THE LANCASTER GENERAL HOSPITAL EMERGENCY DEPARTMENT,
WACHOVIA BANK, HERSHEY AVENUE AND MANOR STREETS, LANCASTER, PENNSYLVANIA,
BRANCH MANAGER, WACHOVIA BANK, HERSHEY AVENUE AND MANOR STREETS, LANCASTER,
PENNSYLVANIA, ANNIE BAILEYS RESTUARANT AND BAR, MARION COURTROOM RESTUARANT
AND BAR, MARION STREET CAFE, MIKE GEESEY, PROPRIETOR, MARION COURTROOM, ALLEY
KAT BAR AND RESTUARANT, JOHN KATRAS, PROPRIETOR, ALLEY KAT BAR AND RESTUARANT,
BRETT STABLEY, MANAGER, ALLEY KAT BAR AND RESTUARANT, ROSA ROSA RESTUARANT,
THE VILLAGE NIGHTCLUB, GEORGE SOUKAS, MANAGER, THE VILLAGE NIGHTCLUB, RUBY
TUESDAY, RESTUARANT BAR AND GRILL, MANOR SHOPPING CENTER, VALENTINOS CAFE,
LANCASTER BRICKYARD BAR, LANCASTER COUNTY RESTUARANT ASSOCIATION, DAVID
PFLUMM, PENNSYLVANIA CAREER LINK, LIBERTY PLACE, LANCASTER, LANCASTER
EMPLOYMENT TRAINING AGENCY (LETA), MARK SPRUNGER, EXECUTIVE DIRECTOR, LETA, RED
ROSE TRANSIT AUTHORITY (RRTA), DAVID KILMER, RED ROSE TRANSIT AUTHORITY,
LANCASTER CITY POLICE BUREAU, KIETH SADDLER, CHIEF OF POLICE, LANCASTER CITY
POLICE BUREAU, SGT. RICHARD COSMORE, LANCASTER CITY POLICE BUREAU, LANCASTER
CITY HOUSING INSPECTION DEPARTMENT, MR. MCGUIRE, LANCASTER CITY HOUSING
INSPECTION DEPARTMENT AND NON-UNIFORMED UNION, REPRESENTATIVE LANCASTER CITY
POLICE UNION, LANCASTER CITY POLICE UNION, RICHARD GRAY, MAYOR , CITY OF
LANCASTER, LANCASTER COUNTYWIDE COMMUNICATIONS, WILLIAM RICHARD PLANK,
RESIDENTS OF 1200 BLOCK FREMONT STREET, LANCASTER, PA , LANCASTER COUNTY
DISTRICT ATTORNEY OFFICE, CRAIG STEDMAN, LANCASTER DISTRICT ATTORNEY, MICHAEL
LANDIS, DETECTIVE, LANCASTER COUNTY DISTRICT ATTY. OFFICE, PRESIDENT JUDGE, LOUIS
FARINA, LANCASTER COUNTY COURT OF COMMON PLEAS, JUDGE JAMES P. CULLEN,
LANCASTER COUNTY COURT OF COMMON PLEAS, COMMONWEALTH OF PENNSYLVANIA,
PENNSYLVANIA LIQUOR CONTROL BOARD, COMMONWEALTH OF PENNSYLVANIA ATTORNEY
GENERAL OFFICE, THOMAS CORBETT, PENNSYLVANIA ATTORNEY GENERAL / UNITED STATES
ATTORNEY OFFICE FO THE EASTERN DISTRICT OF PENNSLVANIA IN PHILADELPHIA, ERIC
HOLDER, UNITED STATES ATTORNEY GENERAL, FEDERAL BUREA OF INVESTIGATION (FBI),
HARRISBURG OFFICE, FEDERAL BUREA OF INVESTIGATION (FBI), PHILADELPHIA OFFICE,
SHERYL CROW, INTERSCOPE RECORDING ARTIST, UNITED STATES NATIONAL SECURITY
AGENCY (NSA(, UNITED STATES DEPARTMENT OF DEFENSE (D.O.D.), DEPARTMENT OF
DEFENSE INTELLIGENCE AGENCY, (DIA), ROBERT GATES, UNITED STATES SECRETARY OF
DEFENSE, BARRACK OBAMA, UNITED STATES PRESIDENT, DR. AMINTA HAWKINS-BREAN, PH.D.,
VICE PRESIDENT STUDENT AFFAIRS, MILLERSVILLE UNIVERSITY, JODIE RICHARDSON,
SECRETARY OF STUDENT AFFAIRS, MILLERSVILLE UNIVERSITY, LORI B. AUSTIN, DIRECTOR OF
JUDICIAL AFFAIRS, MILLERSVILLE UNIVERSITY, VICTOR DESANTIS, DIRECTOR, GRADUATE
STUDIES AND RESEACH PROGRAM, MILLERSVILLE UNIVERSITY, MARJORIE M. WARMKESSLER,
PH.D. HUMANTIES LIBRARIAN AND LIBRARIAN INSTRUCTION COORDINATOR, MILLERSVILLE
UNIVERSITY, MILLERSVILLE UNIVERSITY POLICE DEPARTMENT, MILLERSVILLE UNIVERSITY,
NATHANIEL BOMBERGER, LEGISLATIVE ASSISTANT, P. MICHAEL STURLA, PENNSYLVANIA
InvoiceJ.to
STAN
CATERBONE
CATERBONE
Secretary
v. The
United
United
ofv.
Defense
States
United
States
ofAsh
States
America,
ofCarter
America,
of America,
et.al.,
et.al.,
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Case
2:16-mc-00049-EGS
Document
12OF Filed
07/15/16
Page
36 of 41
HOUSE
OF REPRESENTATIVES,
JOHN ROCHAT,
CHIEF
POLICE,
MILLERSVILLE
BOROUGH
POLICE DEPARTMENT, MILLERSVILLE BOROUGH POLICE DEPARTMENT, STEVE MIDCIFF, CEO,
LANCASTER REGIONAL HOSPITAL, LANCASTER, PA.; DR. ANTHONY MASTROPIETRO, MEDICAL
DIRECTOR, LANCASTER REGIN HOSPITAL, LANCASTER, PA.; LINDA S. WENGER, PA-C,
LANCASTER REGIONAL HOSPITAL, LANCASTER, PA.; CHRISTINE M. DANG, M.D., LANCASTER
REGIONAL HOSPITAL, LANCASTER, PA.; MASTROPIETRO ASSOCIATES FAMILY PRACTICE, NOLL
DRIVE, LANCASTER, PA.; BLACK AND BLACK DENTAL, WILLOW ST., PA.; DR. JOHN BLACK III,
BLACK AND BLACK DENTAL, WILLOW ST., PA.; SOUTHEAST HEALTH CLINIC, BRIGHTSIDE
BAPTIST CHURCH, LANCASTER, PA.; DR. LEO DORIZYNSKI, PSYCHIATRY DEPARTMENT,
LANCASTER GENERAL HOSPITAL, LANCASTER, PA.; DR. SEAN COLDREN, M.D., PSYCHIATRY
DEPARTMENT, LANCASTER GENERAL HOSPITAL, LANCASTER, PA.; DR. EMILY PRESSLEY, M.D.,
PSYCHIATRY DEPARTMENT, LANCASTER GENERAL HOSPITAL, LANCASTER, PA..; DR. DANIEL
McINTYRE, M.D., LANCASTER GENERAL HOSPITAL, LANCASTER, PA.; LANCASTER GENERAL
HOSPITAL, DEPARTMENT OF PSYCHIATRY, LANCASTER, PA.; DR. TATE, LANCASTER
EMERGENCY ASSOCIATES OF LANCASTER GENERAL HOSPITAL, LANCASTER, PA..; AMY
MILLHOUSE, LANCASTER GENERAL HOSPITAL, LANCASTER, PA.; OFFICER ERIC McCRADY,
LANCASTER CITY BURAEU OF POLICE, LANCASTER, PA.; LANCASTER COUNTY MENTAL
HEALTH/MENTAL RETARDATION DEPARTMENT, COUNTY OF LANCASTER, LANCASTER, PA.;
JAMES McLAUGHLIN, DISRECTOR, MENTAL HEALTH/MENTAL RETARDATION DEPARTMENT,
COUNTY OF LANCASTER, LANCASTER, PA.; CRISIS INTERVENTION OF LANCASTER COUNTY;
MR. McCARDY, EXECUTIVE DIRECTOR, CRISIS INTERVENTION OF LANCASTER COUNTY' BOARD
OF COMMISSIONERS, COUNTY OF LANCASTER, PA.; DENNIS STUCKEY, CHAIRMAN, BOARD OF
COMMISSIONERS, COUNTY OF LANCASTER, PA.; HOUSE OF PASTA, BAR & RESTAURANT,
MILLERSVILLE PIKE, LANCASTER, PA.; YORGEY'S RESTAURANT & BAR, NORTH QUEEN ST.,
LANCASTER, PA.; UPS COPY STORE, STONE MILL PLAZA, LANCASTER, PA.; ART WARD,
PROPERIETOR, UPS COPY STORE, STONE MILL PLAZA, LANCASTER, PA.; PENNSYLVANIA STATE
POLICE TROOP J. LINCOLN HIGHWAY EAST, LANCASTER, PA.; COMMANDER, PA. STATE POLICE
TROOP J, LINCOLN HIGHWAY EAST, LANCASTER, PA.; PENNSYLVANIA DEPARTMENT OF
TRANSPORTATION(PENNDOT); BEVERLY POINTS, ESQ., LEGAL COUNSEL, PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION; LANCASTER COUNTY DEPARTMENT OF SHERIFFS,
COUNTY OF LANCASTER, PA.; TERRY BERGMAN, SHERIFF OF LANCASTER COUNTY
DEPARTMENT OF SHERIFFS, COUNTY OF LANCASTER, PA.; MARK REESE, CHIEF DEPUTY,
LANCASTER COUNTY DEPARTMENT OF SHERIFFS, COUNTY OF LANCASTER, PA.,LENS
CRAFTERS, LANCASTER, PA., DR. JOHN H. BROADDUS & ASSOCIATES, OPTOMETRISTS,
LANCASTER, PA., CARTRIDGE WORLD, LANCASTER, PA., KOHLS DEPARTMENT STORE,
LANCASTER, PA., EYEMART EXPRESS STORE, LANCASTER, PA., DR. HARRY BREITMAN,
LANCASTER, PA., OFFICE MAX STORE #854, LANCASTER, PA., CENTRAL INTELLIGENCE
AGENCY, CIA, LANGLEY, VIRGINIA, LEON PANETTA, DIRECTOR, CENTRAL INTELLIGENCE
AGENCY, LANGLEY, VIRGINIA
09/03/2009
PRAECIPE TO FILE EXHIBIT A-33 FILED BY: STAN J. CATERBONE, PRO SE.
09/16/2009
PRAECIPE TO FILE EXHIBIT A-34 FILED BY: STAN J. CATERBONE, PRO SE.
09/16/2009
09/29/2009
PRAECIPE TO FILE EXHIBIT A-36 FILED BY: STAN J. CATERBONE, PRO SE.
09/29/2009
10/02/2009
10/06/2009
10/13/2009
10/16/2009
10/19/2009
10/21/2009
10/23/2009
PRAECIPE TO FILE EXHIBIT A-43 FILED BY: STAN J. CATERBONE, PRO SE.
10/28/2009
10/30/2009
11/10/2009
11/20/2009
PRAECIPE TO FILE EXHIBIT A-47 FILED BY: STAN J. CATERBONE, PRO SE.
InvoiceJ.to
STAN
CATERBONE
CATERBONE
Secretary
v. The
United
United
ofv.
Defense
States
United
States
ofAsh
States
America,
ofCarter
America,
of America,
et.al.,
et.al.,
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15, 2016
11/20/2009
11/20/2009
11/25/2009
12/09/2009
PRAECIPE TO FILE EXHIBIT A-49 WITH CD-ROM AS EXHIBIT FILED BY: STAN J. CATERBONE, PRO
SE.
12/18/2009
12/18/2009
12/29/2009
12/29/2009
12/29/2009
ORDER (NO FEE) FILED. AND NOW, THIS 29TH DAY OF DECEMBER, 2009, UPON
CONSIDERATION OF PLAINTIFF'S REQUEST FOR PRELIMINARY EMERGENCY INJUNCTION FOR
RELIEF, THE REQUEST IS DENIED. PA. R.C.P. 1531(A) PROVIDES, THAT A COURT MAY ISSUE AN
EX PARTE PRELIMINARY INJUNCTION ONLY AFTER WRITTEN NOTICE AND HEARING UNLESS IT
APPEARS TO THE SATISFACTION OF THE COURT THAT IMMEDIATE AND IRREPARABLE INJURY
WILL BE SUSTAINED BEFORE NOTICE CAN BE GIVEN OR A HEARING HELD, IN WHICH CASE THE
COURT MAY ISSUE (THE) INJUNCTION WITHOUT A HEARING OR WITHOUT NOTICE. IN
DETERMINING WHETHER (THE) INJUNCTION SHOULD BE GRANTED AND WHETHER NOTICE OR
A HEARING SHOULD BE REQUIRED, THE COURT MAY ACT ON THE BASIS OF THE AVEMENTS OF
THE PLEADINGS OR PETITION AND MAY CONSIDER AFFIDAVITS OF PARTIES OR THIRD
PERSONS OR ANY OTHER PROOF WHICH THE COURT MAY REQUIRE. HERE, THE IRREPARABLE
HARM ALLEGED IS LOSS BY PLAINTIFF OF (1) PERSONAL PROPERTY AND REAL ESTATE; (2)
OPPORTUNITY TO SECURE PERSONAL PROPERTY, BUSINESS ASSETS, AND COURT RELATED
ASSETS, INFORMATION, AND EVIDENCE; (3) PROTECTION FROM LAW ENFORCEMENT AT EVERY
LEVEL [:] LOCAL, STATE, AND FEDERAL; (4) RELATIONSHIPS INCLUDING FAMILY [,] FRIENDS [,]
AND PROFESSIONAL; (5) TIME AND LIFE AS A NORMAL PERSON WOULD KNOW IT; (6) TIME WITH
MOTHER, WHO IS IN HER LAST STAGE OF LIFE. . .; (7) FREEDOM OF MOVEMENT [:]
COMPLAINANT HAS BEEN DENIED EVERY OPPORTUNITY TO SECURE HIS PERSONAL AND
BUSINESS ASSETS AT 1250 FREMONT STREET, LANCASTER, PENNSYLVANIA [,] MAKING IT
IMPOSSIBLE TO TRAVEL OR LEAVE FOR ANY AMOUNT OF TIME. . .; (8) FREEDOM OF MOVEMENT
MAY CONSTITUTE FALSE IMPRISONMENT AND MAY INVOKE THE FEDERAL HABEAS CORPUS
LAWS OF FREEDOM [SIC]; (9) FEMALE COMPANIONSHIP; (10) BUSINESS OPPORTUNITIES; AND
(11) ACCOUNTS RECEIVABLES. THE SOURCES OF THE ALLEGED IRREPARABLE HARM ARE
APPROXIMATELY 82 DIFFERENT INDIVIDUALS, GOVERNMENT AGENCIES, ELECTED OFFICIALS,
PRIVATE INSTITUTIONS, BUSINESS OF VARIOUS TYPES, MEDICAL PRACTICES AND
PRACTITIONERS, LAW ENFORCEMENT OFFICIALS AND NUMEROUS PRINCIPLES, EMPLOYEES
AND AGENTS OF THE NAMED ENTITIES, WHICH ARE NAMED IN A PRIVATE CRIMINAL COMPLAINT
MADE PART OF PLAINTIFF'S REQUEST FOR EMERGENCY INJUNCTIVE RELIEF. IN HIS REQUEST
FOR RELIEF,: THE COMPLAINANT SEEKS IMMEDIATE RELIEF FROM THE ABOVE IN THE FORM OF
SANCTIONS AND FINES FOR THOSE GUILTY OF EXTORTATION AND EMBEZZLEMENT AND
THOSE WITHHOLDING ACCOUNTS RECEIVABLES. COMPLAINANT SEEKS IMMEDIATE RELIEF
FROM THE LAW ENFORCEMENT AGENCIES THAT CONTINUE ABUSE OF PROCESS.
COMPLAINANT SEEKS IMMEDIATE RELIEF FROM PUBLIC OFFICIALS FOUND GUILTY OF
OBSTRUCTING JUSTICE AND DUE PROCESS. COMPLAINANT SEEKS RELIEF, IN AS MUCH AS THE
COURTS ARE ABLE, WITH REGARDS TO THE HARASSMENT AND TORTURE FROM THOSE
FOUND GUILTY OF SUCH CRIMES. GIVEN THE STRICT STANDARDS APPLICABLE TO THE ENTRY
OF EX PARTE RELIEF, THIS COURT CANNOT SAY THAT THE ALLEGATIONS OF PLAINTIFF'S
PRIVATE CRIMINAL COMPLAINT PROVIDE A CREDIBLE FACTUAL BASIS ON WHICH TO GRANT
RELIEF. WHILE PLAINTIFF MAY BELIEVE THE FACTUAL AVEMENTS AND LEGAL
TRANSGRESSIONS TO BE PROVEN, THERE IS NO EVIDENTIARY SUPPORT PROVIDED TO THE
COURT. MOREOVER, IN MANY INSTANCES, THE HARM CITED AND RELIEF REQUESTED ARE NOT
RATIONALLY RELATED TO THE PERSONS/ENTITIES IDENTIFIED, OR THEIR ALLEGED ACTS OR
OMISSIONS. WITHOUT NOTICE TO THE PERSON OR ENTITY SOUGHT TO BE ENJOINED, A
CLEARER STATEMENT OF THE SPECIFIC HARM AND NEXUS BETWEEN THE ACTOR'S BEHAVIOR,
AND AN EVIDENTIARY HEARING AT WHICH ALL PARTIES MAY PRESENT PROOFS, INJUNCTIVE
RELIEF WILL NOT LIE. BY THE COURT: MARGARET C. MILLER, JUDGE. CC'S WITH 236 NOTICE
TO: STAN J. CATERBONE (1). MAILED ON 12/30/09.
InvoiceJ.to
STAN
CATERBONE
CATERBONE
Secretary
v. The
United
United
ofv.
Defense
States
United
States
ofAsh
States
America,
ofCarter
America,
of America,
et.al.,
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01/04/2010
Case
2:16-mc-00049-EGS
Document
12RELIEF
FiledMOTION
07/15/16
MOTION
PRELIMINARY
EMERGENCY INJUNCTION
FOR
FOR Page 38 of 41
RECONSIDERATIOIN FOR EX PARTE INJUNCTIVE RELIEF OF ORDER DATED DECEMBER 29, 2009
FILED BY STAN J. CATERBONE, PRO SE. (FORWARDED TO JUDGE MILLER ON JAN. 4, 2010)
01/06/2010
01/07/2010
01/11/2010
01/19/2010
ORDER (NO FEE) FILED. AND NOW, THIS 19TH DAY OF JANUARY, 2010, UPON CONSIDERATION
OF PLAINTIFF'S REQUEST FOR PRELIMINARY EMERGENCY INJUNCTION FOR RELIEF MOTION
FOR RECONSIDERATION FOR EX PARTE INJUNCTIVE RELIEF OF ORDER DATED DECEMBER 29,
2009, THE REQUEST IS DENIED. BY THE COURT: MARGARET C. MILLER, JUDGE. CC'S WITH 236
NOTICE TO: STAN J. CATERBONE/ADVANCED MEDIA GROUP (1). MAILED ON 1/21/10.
01/19/2010
01/22/2010
02/05/2010
PRAECIPE TO FILE EXHIBIT A-55 PLUS C-D ROM FILED BY STANLEY J. CATERBONE, PRO SE.
02/16/2010
02/18/2010
PRAECIPE TO FILE EXHIBIT A-56 FILED BY: STAN J. CATERBONE, PRO SE.
02/19/2010
02/22/2010
03/04/2010
03/09/2010
03/09/2010
03/10/2010
03/10/2010
03/17/2010
PRAECIPE TO FILE PRAECIPE EXHIBIT A-64 FILED BY STANLEY J. CATERBONE, PRO SE,
DEFENDANT.
03/18/2010
03/19/2010
03/31/2010
04/01/2010
04/20/2010
04/27/2010
05/03/2010
05/11/2010
08/31/2015
09/01/2015
09/02/2015
PRAECIPE TO FILE EXHIBIT TITLED "MOTION FOR SUMMARY JUDGMENT", FILED BY STAN J.
CATERBONE
09/10/2015
09/10/2015
09/22/2015
09/30/2015
InvoiceJ.to
STAN
CATERBONE
CATERBONE
Secretary
v. The
United
United
ofv.
Defense
States
United
States
ofAsh
States
America,
ofCarter
America,
of America,
et.al.,
et.al.,
Page
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15, 2016
10/02/2015
02/03/2016
02/10/2016
02/10/2016
05/12/2016
Praecipe to file exhibit-Corroborating Expert And Former Nsa Whistleblower Karen Stewart's Disclosure
Of Electrogagnetic Weapons Used To Kill May 12 - Copy filed by Stan Caterbone
InvoiceJ.to
STAN
CATERBONE
CATERBONE
Secretary
v. The
United
United
ofv.
Defense
States
United
States
ofAsh
States
America,
ofCarter
America,
of America,
et.al.,
et.al.,
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CaseOF
2:16-mc-00049-EGS
COMMONWEALTH
PENNSYLVANIA
CRIMINAL COMPLAINT
COUNTY OF:
Magisterial District Number:
COMMONWEALTH OF PENNSYLVANIA
VS.
DEFENDANT:
Address:
Docket No.:
Date Filed:
OTN:
(Above to be completed by court personnel)
Notice: Under Pa.R.Crim.P. 506, your complaint may require approval by the attorney for the Commonwealth before it can be
accepted by the magisterial district court. If the attorney for the Commonwealth disapproves your complaint, you may
petition the court of common pleas for review of the decision of the attorney for the Commonwealth.
Defendants Sex
White
Black
Asian
Native American
Hispanic
Unknown
Defendants A.K.A. (also known as)
I,
Defendants D.O.B.
Female
Male
Defendants Vehicle Information
Plate Number
State
Stan J. Caterbone
(Name of Complainant-Please Print or Type)
I accuse the above named defendant who lives at the address set forth above
I accuse the defendant whose name is unknown to me but who is described as
I accuse the defendant whose name and popular designation or nickname is unknown to me and whom I have
therefore designated as John Doe
Lancaster
County on or about
January to Today
Participants were: (if there were participants, place their names here, repeating the name of the above defendant)
Law Enforcment of Lancaster County; Residents of City and County of Lancaster, Downtown Restuarant and Bar
Proprietors, Lancaster City Police and Fireman.
AOPC 411A-10
Page 1 of 2
InvoiceJ.to
STAN
CATERBONE
CATERBONE
Secretary
v. The
United
United
ofv.
Defense
States
United
States
ofAsh
States
America,
ofCarter
America,
of America,
et.al.,
et.al.,
Page
Page
Page
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PRIVATE
CRIMINAL COMPLAINT
Defendants Name:
Docket Number:
2.
All of which were against the peace and dignity of the Commonwealth of Pennsylvania and contrary to the Act of
Assembly, or in violation of
and
(Section)
(Subsection)
of the
(PA Statute)
3.
I ask that process be issued and that the defendant be required to answer the charges I have made.
4.
I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and
belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 Pa.C.S. 4904)
relating to unsworn falsification to authorities.
Date
Signature of Complainant
Approved
Disapproved because:
, I certify that the complaint has been properly completed and verified.
(Magisterial District)
AOPC 411B-10
(Date)
(Issuing Authority)
SEAL
Page 2 of 2
InvoiceJ.to
STAN
CATERBONE
CATERBONE
Secretary
v. The
United
United
ofv.
Defense
States
United
States
ofAsh
States
America,
ofCarter
America,
of America,
et.al.,
et.al.,
Page
Page
Page
et.al.,
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2
3
4
5
6
7
TAKEN BY:
BEFORE:
DATE:
PLACE:
9
10
11
12
13
14
15
APPEARANCES:
MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN
BY: CHRISTOPHER M. REESER, ESQUIRE
16
FOR - ALLSTATE INSURANCE COMPANY
17
18
19
20
21
22
23
24
25
Allstate
STAN
CATERBONE
J. Sworn
CATERBONE
v.Testimony
United
The
United
v.States
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
et.al.,
Page
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28, 2016
1
2
3
4
WITNESSES
NAME
EXAMINATION
STANLEY J. CATERBONE
BY:
MR. REESER
5
6
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Allstate
STAN
CATERBONE
J. Sworn
CATERBONE
v.Testimony
United
The
United
v.States
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
et.al.,
Page
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1
2
EXAMINATION
4
5
THE WITNESS:
MR. REESER:
THE WITNESS:
Okay.
Here's one of the first things.
BY MR. REESER:
10
11
Lancaster, yes.
12
13
14
And the
15
16
17
18
19
20
Now if you're
21
22
23
24
25
In 1997, a
Allstate
STAN
CATERBONE
J. Sworn
CATERBONE
v.Testimony
United
The
United
v.States
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
et.al.,
Page
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Stengel.
10
11
Christina Rainville.
12
Her name is
13
14
suffered.
15
16
17
CIA and the NSA -- I blew the whistle in '87 -- they were
18
19
20
21
break my things.
Now you couple that with the fact that I'm the
22
23
24
25
Allstate
STAN
CATERBONE
J. Sworn
CATERBONE
v.Testimony
United
The
United
v.States
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
Page
97
101
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28, 2016
5
6
They all
In addition, Social
Determination?
11
Sure.
12
10
it.
13
14
15
16
17
se.
I was pro
18
19
Yes.
It was
20
21
and illnesses.
22
'09.
23
24
one year.
25
Allstate
STAN
CATERBONE
J. Sworn
CATERBONE
v.Testimony
United
The
United
v.States
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
Page
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weapons.
3
4
Right.
10
11
12
reports submitted.
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14
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19
20
21
physical.
22
23
24
is disabled --
25
Allstate
STAN
CATERBONE
J. Sworn
CATERBONE
v.Testimony
United
The
United
v.States
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
Page
99
103
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251
SaturdayJune
July 16,
28, 2016
He was a
victim of MKUltra.
What is that?
program.
Okay.
10
11
He was a
12
13
14
special option.
15
school.
16
17
18
19
20
21
22
23
Before I get
claim?
24
No.
25
No.
Allstate
STAN
CATERBONE
J. Sworn
CATERBONE
v.Testimony
United
The
United
v.States
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
100
104
7103
100
of
ofof
34
of
225
252
248
251
SaturdayJune
July 16,
28, 2016
1
2
Okay.
that guarantee.
All right.
6
7
8
9
10
11
12
All right.
Every day.
So we'll see.
but --
13
14
All right.
15
16
emergency relief.
17
18
19
Oh, okay.
20
21
So
22
23
24
Okay.
25
Allstate
STAN
CATERBONE
J. Sworn
CATERBONE
v.Testimony
United
The
United
v.States
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
101
105
8104
101
of
ofof
34
of
225
252
248
251
The
SaturdayJune
July 16,
28, 2016
receivables.
Complainant seeks
10
11
12
13
14
15
billings invoice.
16
17
18
19
20
21
22
23
24
25
The Complainant
All right.
Changing gears.
Allstate
STAN
CATERBONE
J. Sworn
CATERBONE
v.Testimony
United
The
United
v.States
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
102
106
9105
102
of
ofof
34
of
225
252
248
251
Date,
I think we left
SaturdayJune
July 16,
28, 2016
10
going to move onto the next item, which is a wet dry vac.
Okay.
And we're
Oh, they
Okay.
10
11
March.
12
13
14
15
power motor.
16
17
18
It was 21-years-old?
19
Yeah, yeah.
20
Okay.
21
Oh, yeah.
22
23
it didn't work?
24
25
work.
Allstate
STAN
CATERBONE
J. Sworn
CATERBONE
v.Testimony
United
The
United
v.States
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
103
10
107
103
106
ofof
of
225
34252
248
251
SaturdayJune
July 16,
28, 2016
11
Okay.
Are
No.
Yeah.
10
11
All right.
12
13
14
15
16
17
Comcast server.
18
19
So I switched over.
20
21
No.
22
Why not?
23
24
25
Allstate
STAN
CATERBONE
J. Sworn
CATERBONE
v.Testimony
United
The
United
v.States
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
104
11
108
104
107
ofof
of
225
34252
248
251
SaturdayJune
July 16,
28, 2016
12
1
2
3
priorities.
replace it.
Let's see.
boxes.
10
11
12
13
14
15
16
I disconnected it.
17
18
19
20
21
So I
They send
I don't know if
22
23
They couldn't
24
even -- I'd get billed for HBO for three months, and I
25
Allstate
STAN
CATERBONE
J. Sworn
CATERBONE
v.Testimony
United
The
United
v.States
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
105
12
109
105
108
ofof
of
225
34252
248
251
So
And I kept
SaturdayJune
July 16,
28, 2016
13
hours -- one time two and a half hours, and it still didn't
work.
Okay.
quarter.
I stopped trying.
10
Okay.
11
12
just the value of the cable boxes and the modems or modem?
A
13
14
I mean,
15
16
17
18
19
20
21
22
I couldn't return it
I guess, yeah.
23
24
No.
25
Allstate
STAN
CATERBONE
J. Sworn
CATERBONE
v.Testimony
United
The
United
v.States
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
106
13
110
106
109
ofof
of
225
34252
248
251
SaturdayJune
July 16,
28, 2016
14
that.
I even
He got
this.
10
door were doing was they were going and wetting the bags,
11
12
Do you
13
14
15
16
17
Oh, yeah.
18
19
Yeah.
20
All right.
21
Yeah.
22
Is that $4 a bag or --
23
Yeah.
They filled in
24
the holes before I could -- I had to dig the holes out two
25
or three times.
Allstate
STAN
CATERBONE
J. Sworn
CATERBONE
v.Testimony
United
The
United
v.States
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
107
14
111
107
110
ofof
of
225
34252
248
251
SaturdayJune
July 16,
28, 2016
15
Oh, gees.
Oh, yeah.
days.
10
11
Okay.
clothes, $100?
12
13
14
Both.
15
16
that?
17
18
19
20
kinds of tricks.
My
I mean all
21
I'm sorry?
22
Slippers big.
23
24
25
Allstate
STAN
CATERBONE
J. Sworn
CATERBONE
v.Testimony
United
The
United
v.States
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
108
15
112
108
111
ofof
of
225
34252
248
251
SaturdayJune
July 16,
28, 2016
16
were here.
Forced entry?
No ---
-- a broken door.
-- in '87, I did.
10
11
12
13
14
15
16
Signs
17
18
19
20
and, you know, hard to get in, you know, to see your key
21
22
23
24
25
It's harassment.
cigarettes?
A
cigarettes.
Allstate
STAN
CATERBONE
J. Sworn
CATERBONE
v.Testimony
United
The
United
v.States
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
109
16
113
109
112
ofof
of
225
34252
248
251
SaturdayJune
July 16,
28, 2016
17
are expensive.
or dry herbs.
nicotine.
They
10
11
12
13
14
15
16
17
Oh, no, no, no, no, no, I don't leave this behind.
Same thing, you don't know when they got in, how
they got in, but they are just not there anymore?
A
18
example.
19
20
describing.
21
every day.
22
That's it.
23
those.
Okay.
I used to
24
Yeah.
25
Allstate
STAN
CATERBONE
J. Sworn
CATERBONE
v.Testimony
United
The
United
v.States
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
110
17
114
110
113
ofof
of
225
34252
248
251
SaturdayJune
July 16,
28, 2016
18
you.
the Court?
All right.
online.
Yes.
10
-- in Civil Court?
11
I just
12
13
14
you page to the left, you'll see the three pages that were
15
stamped.
16
17
18
down.
19
20
21
It
22
23
24
All right.
25
Allstate
STAN
CATERBONE
J. Sworn
CATERBONE
v.Testimony
United
The
United
v.States
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
111
18
115
111
114
ofof
of
225
34252
248
251
SaturdayJune
July 16,
28, 2016
19
1
2
3
sheet.
Q
either.
Okay.
what she said was that I didn't provide her enough evidence
10
11
she said.
12
13
Okay.
15
technologies.
17
18
Alaska.
19
14
16
And essentially
Administration.
20
21
Begich, B-e-g-i-c-h.
I'm sorry.
22
23
24
25
Allstate
STAN
CATERBONE
J. Sworn
CATERBONE
v.Testimony
United
The
United
v.States
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
112
19
116
112
115
ofof
of
225
34252
248
251
And they
SaturdayJune
July 16,
28, 2016
20
weapons.
10
Now I have a
11
Okay.
12
13
14
15
16
Yeah, yeah.
Now
17
18
information, and she emailed me back and said thank you for
19
it.
20
21
22
23
24
25
I emailed some
And she
Allstate
STAN
CATERBONE
J. Sworn
CATERBONE
v.Testimony
United
The
United
v.States
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
113
20
117
113
116
ofof
of
225
34252
248
251
SaturdayJune
July 16,
28, 2016
21
I blew
Iraq.
In 1994,
Plus on March
10
11
12
13
14
15
16
17
18
Maryland.
19
20
21
22
23
was a lie.
24
of them.
25
Allstate
STAN
CATERBONE
J. Sworn
CATERBONE
v.Testimony
United
The
United
v.States
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
114
21
118
114
117
ofof
of
225
34252
248
251
SaturdayJune
July 16,
28, 2016
22
she since -- after she blew the whistle and started having
Okay.
Let me
8
9
A
sprayer.
Are
10
11
Industrial Park.
12
13
14
15
16
17
18
19
20
21
Okay.
Tips.
So I put
So I had
It cost me $119.
The
It had an
22
tip in.
23
24
25
Allstate
STAN
CATERBONE
J. Sworn
CATERBONE
v.Testimony
United
The
United
v.States
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
115
22
119
115
118
ofof
of
225
34252
248
251
I
So I had
SaturdayJune
July 16,
28, 2016
23
1
2
Okay.
So I'm just
receipt.
8
9
Correct?
Only if you give me a guarantee that you're going
10
11
Okay.
12
13
Correct?
14
To the police?
15
Yes.
16
17
18
All right.
19
20
21
22
23
24
No.
25
All right.
Allstate
STAN
CATERBONE
J. Sworn
CATERBONE
v.Testimony
United
The
United
v.States
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
116
23
120
116
119
ofof
of
225
34252
248
251
SaturdayJune
July 16,
28, 2016
24
question.
that house.
Is it a rental house?
Yes.
10
11
I mean I
12
13
14
harass me.
15
16
17
and 10 Vicodin.
18
19
That
20
21
Right.
22
23
They
That was
theft?
24
Yeah, theft.
25
Allstate
STAN
CATERBONE
J. Sworn
CATERBONE
v.Testimony
United
The
United
v.States
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
117
24
121
117
120
ofof
of
225
34252
248
251
SaturdayJune
July 16,
28, 2016
25
my back.
Yeah.
tips.
Of this year?
10
Yeah.
11
12
13
Okay.
14
15
16
17
18
19
20
21
22
I'd
Okay.
I think the
Are we
23
talking about, you know, a belt to hold your pants up, that
24
kind of belt?
25
Yeah, yeah.
Allstate
STAN
CATERBONE
J. Sworn
CATERBONE
v.Testimony
United
The
United
v.States
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
118
25
122
118
121
ofof
of
225
34252
248
251
SaturdayJune
July 16,
28, 2016
26
Stolen, damaged?
Stolen.
When?
Oh, yeah.
-- black screen?
replace it.
10
Stolen?
11
Stolen.
12
13
14
I'm sorry?
screened-in porch?
15
16
Right.
17
roll.
18
19
20
21
It's 100 by --
So it was on the
Okay.
gloves?
22
Yeah.
23
24
Yeah.
25
I had to
A lot of times
Allstate
STAN
CATERBONE
J. Sworn
CATERBONE
v.Testimony
United
The
United
v.States
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
119
26
123
119
122
ofof
of
225
34252
248
251
SaturdayJune
July 16,
28, 2016
27
It's psychological
Some.
list.
possession.
Some were.
Okay.
Let's see.
10
11
12
them.
13
14
15
16
17
18
I
Now
today?
A
there.
Q
19
20
21
22
23
24
25
Allstate
STAN
CATERBONE
J. Sworn
CATERBONE
v.Testimony
United
The
United
v.States
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
120
27
124
120
123
ofof
of
225
34252
248
251
SaturdayJune
July 16,
28, 2016
28
discussed?
keeping lists.
think.
Okay.
myself.
Let me see.
Let me
I went to -- this
10
11
12
and on.
13
14
cartridge.
15
toner gets low, it will give you a warning that you need to
16
17
document.
18
19
20
a wireless copier.
21
22
Q
off.
23
No.
24
All right.
25
Allstate
STAN
CATERBONE
J. Sworn
CATERBONE
v.Testimony
United
The
United
v.States
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
121
28
125
121
124
ofof
of
225
34252
248
251
SaturdayJune
July 16,
28, 2016
29
Yeah, yeah.
I -- okay.
Conestoga, PA.
Now what they did was the one they paid the claim, but they
It's when
So I filed a complaint
10
11
12
13
14
15
Now in 2006 --
16
17
Are you
18
No.
19
20
21
22
23
24
25
then.
Now
Allstate
STAN
CATERBONE
J. Sworn
CATERBONE
v.Testimony
United
The
United
v.States
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
122
29
126
122
125
ofof
of
225
34252
248
251
SaturdayJune
July 16,
28, 2016
30
on the claims.
know.
Theft or damaged or --
three laptop drives and two external hard drives from 2005
10
11
12
13
14
15
16
17
18
19
20
21
22
23
Q
you.
Okay.
I ordered
No.
the receipts.
Q
24
morning.
25
that.
Allstate
STAN
CATERBONE
J. Sworn
CATERBONE
v.Testimony
United
The
United
v.States
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
123
30
127
123
126
ofof
of
225
34252
248
251
They stole
SaturdayJune
July 16,
28, 2016
31
6
7
Yes.
10
11
12
I have that.
13
14
15
that.
16
17
Right.
18
19
20
21
mandatory.
22
That's right.
Yeah, I have
You
23
Okay.
24
25
Allstate
STAN
CATERBONE
J. Sworn
CATERBONE
v.Testimony
United
The
United
v.States
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
124
31
128
124
127
ofof
of
225
34252
248
251
SaturdayJune
July 16,
28, 2016
32
1
2
3
4
Okay.
MR. REESER:
Okay.
Thank you
very much.
THE WITNESS:
Yeah.
a.m.)
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Allstate
STAN
CATERBONE
J. Sworn
CATERBONE
v.Testimony
United
The
United
v.States
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
125
32
129
125
128
ofof
of
225
34252
248
251
SaturdayJune
July 16,
28, 2016
33
COUNTY OF DAUPHIN
COMMONWEALTH OF PENNSYLVANIA
SS
3
10
11
12
13
14
hereof.
15
16
17
18
19
action.
20
21
22
said witness.
23
24
25
Allstate
STAN
CATERBONE
J. Sworn
CATERBONE
v.Testimony
United
The
United
v.States
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
126
33
130
126
129
ofof
of
225
34252
248
251
SaturdayJune
July 16,
28, 2016
34
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Allstate
STAN
CATERBONE
J. Sworn
CATERBONE
v.Testimony
United
The
United
v.States
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
127
34
131
127
130
ofof
of
225
34252
248
251
SaturdayJune
July 16,
28, 2016
TAKEN BY:
BEFORE:
DATE:
PLACE:
APPEARANCES:
MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN
BY: CHRISTOPHER M. REESER, ESQUIRE
FOR - ALLSTATE INSURANCE COMPANY
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
128
132
1131
128
of
ofof
51
of
225
252
248
251
Saturday July
June16,
9, 2016
2
1
WITNESSES
NAME
STANLEY J. CATERBONE
EXAMINATION
5
6
7
8
9
10
11
12
EXHIBITS
13
14
CATERBONE EXHIBIT
15
1.
LIST OF ITEMS
16
17
18
19
20
21
22
23
24
25
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
129
133
2132
129
of
ofof
51
of
225
252
248
251
Saturday July
June16,
9, 2016
3
1
2
3
4
EXAMINATION
BY MR. REESER:
Stan.
Stan, okay.
10
You can
call me Chris.
11
All right.
12
13
14
15
16
17
18
19
No.
spreadsheet --
20
Okay.
21
22
All right.
23
24
25
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
130
134
3133
130
of
ofof
51
of
225
252
248
251
Saturday July
June16,
9, 2016
4
1
Okay.
I've had --
Go ahead.
Go ahead.
policies with the same types of claims, and I've never been
10
Okay.
11
-- on the record.
12
So noted.
13
Okay.
14
15
16
All right.
17
18
All right.
19
20
Okay.
22
Sure.
23
21
24
25
Well --
This
is --
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
131
135
4134
131
of
ofof
51
of
225
252
248
251
Saturday July
June16,
9, 2016
5
1
2
Okay.
Great.
Okay.
the claim.
claim.
Okay.
So --
10
11
Go.
12
-- to put it in perspective?
13
Yeah.
14
I am a federal whistleblower.
Go.
I blew the whistle
15
They were
16
17
18
1987 they --
19
I'm sorry.
20
Yes.
21
operations.
22
Okay.
23
24
courts, hired various attorneys from '87 all the way up.
25
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
132
136
5135
132
of
ofof
51
of
225
252
248
251
Saturday July
June16,
9, 2016
6
1
litigant.
Okay.
Okay.
I became a
control technologies.
around.
10
11
period of time.
Now, these
12
Okay.
13
14
15
16
ordinary claim.
17
18
19
say.
20
be agents.
21
It could be neighbors.
It's impossible to
It could be police.
It could be anybody.
But you believe that they are all in conspiracy
22
23
whistleblower?
24
25
A
that.
It could
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
133
137
6136
133
of
ofof
51
of
225
252
248
251
Saturday July
June16,
9, 2016
7
1
Okay.
Okay.
10
11
All right.
12
Harleysville
13
But
14
15
These are all the reports from the past year on Geek Squad
16
17
18
Okay.
19
20
21
22
23
24
Okay.
25
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
134
138
7137
134
of
ofof
51
of
225
252
248
251
Saturday July
June16,
9, 2016
8
1
Locally?
No.
No.
No.
Okay.
10
11
12
Complaints --
13
Okay.
14
15
16
harassment.
17
Okay.
18
19
20
21
22
23
24
25
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
135
139
8138
135
of
ofof
51
of
225
252
248
251
Now,
Saturday July
June16,
9, 2016
9
1
describing.
Okay.
10
11
12
13
14
15
They were
16
17
I don't know.
18
door.
19
20
I'm trying
to understand this.
21
Okay.
22
23
24
25
pain.
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
136
140
9139
136
of
ofof
51
of
225
252
248
251
Saturday July
June16,
9, 2016
10
1
Okay.
officer.
The second is
10
11
Administration.
12
read them.
You can
13
Okay.
14
15
16
No.
17
Okay.
18
19
20
21
22
23
24
Okay.
25
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
137
10
141
137
140
ofof
of
51
225
252
248
251
Saturday July
June16,
9, 2016
11
1
How --
Okay.
7
8
9
10
awaiting decisions.
Q
Superior Court?
11
12
Okay.
13
They dismissed it --
14
Okay.
15
16
Oral
17
Okay.
18
Both cases
19
20
21
before them.
22
23
Okay.
24
No.
25
Okay.
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
138
11
142
138
141
ofof
of
51
225
252
248
251
Saturday July
June16,
9, 2016
12
1
Yes.
Okay.
he is?
Are you
documented, verified.
10
Huh.
11
12
Okay.
13
for that?
Is it --
14
15
I have.
16
Yeah.
17
Okay.
18
19
applied in '09.
20
21
22
23
24
25
Okay.
bit.
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
139
12
143
139
142
ofof
of
51
225
252
248
251
Saturday July
June16,
9, 2016
13
1
Okay.
Okay.
Yeah.
No.
Okay.
Here.
That's updated.
MR. REESER:
13
1.)
14
BY MR. REESER:
16
Okay.
on there?
12
15
missing.
10
11
All right.
17
Yeah.
18
19
You're
20
Right.
21
22
23
24
25
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
140
13
144
140
143
ofof
of
51
225
252
248
251
Saturday July
June16,
9, 2016
14
1
Yes.
All right.
Freemont Street.
Yes.
Okay.
No.
All right.
10
11
claim.
12
13
number of grantees.
14
My brothers.
15
Okay.
16
No.
17
18
policy?
19
20
Okay.
21
Yeah.
22
Okay.
23
24
No.
25
Okay.
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
141
14
145
141
144
ofof
of
51
225
252
248
251
Saturday July
June16,
9, 2016
15
1
Right.
Okay.
a 302 petition, but what they did was they broke into my
to pay for all the locks and the door, but they didn't.
8
9
10
11
Okay.
12
13
All right.
14
15
do.
302 petition?
16
What do they --
17
18
19
20
Okay.
21
22
23
to pin on you?
24
Oh, yeah.
25
What?
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
142
15
146
142
145
ofof
of
51
225
252
248
251
Saturday July
June16,
9, 2016
16
1
4
5
6
What year?
name it.
Q
Okay.
institutionalized --
Oh, yeah.
one in July?
10
11
12
13
14
15
Then they
16
Okay.
17
It started
18
in '87.
19
20
21
22
studios.
23
24
25
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
143
16
147
143
146
ofof
of
51
225
252
248
251
But in 1987 I
I rented a home
Saturday July
June16,
9, 2016
17
1
Okay.
Okay.
I stood
10
11
Part of?
12
This one.
No.
Where
13
are they?
These
14
15
pages.
16
17
18
19
20
Okay.
21
22
in '08.
23
24
25
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
144
17
148
144
147
ofof
of
51
225
252
248
251
Saturday July
June16,
9, 2016
18
1
I want.
Okay.
5
6
Yeah.
10
11
Yeah.
12
Okay.
13
Yeah, I do.
14
it store.
15
16
17
18
19
No.
20
21
For Humanity.
22
Habitat?
23
24
25
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
145
18
149
145
148
ofof
of
51
225
252
248
251
Saturday July
June16,
9, 2016
19
1
Reuse it.
Greenfield.
Yeah.
8
9
10
11
12
13
14
15
16
I see.
17
18
Okay.
19
20
21
22
23
$20.
24
$20?
25
Yes.
Each
I apologize if I
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
146
19
150
146
149
ofof
of
51
225
252
248
251
Saturday July
June16,
9, 2016
20
1
Yeah.
Wizard.
Wizard.
Locks.
Yeah.
Yeah.
10
11
circumstances --
12
13
14
15
complaints.
16
to sue them.
17
Okay.
18
19
20
21
investigate or...
22
23
24
25
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
147
20
151
147
150
ofof
of
51
225
252
248
251
Saturday July
June16,
9, 2016
21
1
No.
Okay.
5
6
Right.
'05 or '06.
Okay.
10
11
All right.
12
13
Yeah.
14
15
16
Okay.
17
18
Okay.
19
20
were expensive.
21
Yeah.
22
No.
23
-- just an iPod?
24
25
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
148
21
152
148
151
ofof
of
51
225
252
248
251
This was --
Saturday July
June16,
9, 2016
22
1
2
button.
Okay.
Oh, boy.
fall of '15.
Okay.
No.
10
Why not?
11
Why?
12
14
15
Okay.
16
I bought a replacement.
17
Okay.
13
18
19
20
21
22
23
No.
No.
I --
I mean --
24
25
questions.
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
149
22
153
149
152
ofof
of
51
225
252
248
251
Saturday July
June16,
9, 2016
23
1
2
Okay.
All right.
It's funny.
10
11
Okay.
12
Right.
13
How old --
14
15
16
Oh, yeah.
17
Okay.
18
I don't remember.
19
20
21
I'm just
or four stolen.
Q
Okay.
When?
In the past year.
I had three
22
Oh, no.
No.
23
Oh, okay.
24
25
No, it doesn't.
Well, no.
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
150
23
154
150
153
ofof
of
51
225
252
248
251
Saturday July
June16,
9, 2016
24
1
not a quantity.
that.
be three.
No.
Let me see
That should
All right.
Shack.
10
11
really not.
12
is harassment.
13
14
I'm
15
16
Okay.
17
18
19
Okay.
20
I document everything.
21
I'm an expert in
information technologies.
22
23
24
25
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
151
24
155
151
154
ofof
of
51
225
252
248
251
I was one
Saturday July
June16,
9, 2016
25
1
business.
were stolen?
Yeah.
10
Okay.
I know my
basement.
Yeah.
11
12
13
about that.
14
15
about these --
16
17
Okay.
18
19
20
21
official report.
22
All right.
23
24
25
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
152
25
156
152
155
ofof
of
51
225
252
248
251
Saturday July
June16,
9, 2016
26
1
Okay.
All right.
After what?
Let me think.
Okay.
10
11
12
Yeah.
Yeah.
took them?
A
everybody.
13
Okay.
14
Yes.
15
16
17
it worked.
18
buy a replacement.
One day
19
20
21
22
23
24
No.
25
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
153
26
157
153
156
ofof
of
51
225
252
248
251
Maybe '08.
Saturday July
June16,
9, 2016
27
1
Yeah.
All right.
if it could be fixed?
No.
How much?
How much.
Oh, boy.
9
10
I probably paid -- I
11
Okay.
12
-- on eBay.
13
14
Yeah.
15
16
17
18
of it?
19
Harbor Freight?
20
Harbor Freight.
21
drill.
22
Okay.
24
What is it?
25
Maybe 100?
23
Harbor Tools.
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
154
27
158
154
157
ofof
of
51
225
252
248
251
Saturday July
June16,
9, 2016
28
1
Maybe.
Okay.
Reciprocating saw.
Yeah.
It just --
sawing.
Okay.
10
11
12
13
It used to
replacement one?
14
The replacement.
15
16
Harbor Tools.
17
Harbor Freight?
18
Harbor Freight.
19
Okay.
20
23
24
25
When did
21
22
A
'06.
'05.
Q
Oh, boy.
Let's see.
'05, '06.
Okay.
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
155
28
159
155
158
ofof
of
51
225
252
248
251
Saturday July
June16,
9, 2016
29
1
No.
Okay.
No.
No.
No.
No.
No.
8
9
10
11
12
two-week span.
Q
Yeah.
college.
13
All right.
14
15
16
assuming --
17
Right.
18
19
20
21
22
I mean, I'm
a do-it-yourselfer.
Q
Well, no.
23
Oh, I do.
24
-- don't.
25
I do.
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
156
29
160
156
159
ofof
of
51
225
252
248
251
Saturday July
June16,
9, 2016
30
1
2
Okay.
I'm
trying to understand.
I do.
I don't.
Okay.
No.
I understand.
10
I use my tools.
11
12
I use my stuff.
13
Fair enough.
14
15
16
Uh-huh.
17
18
Yeah.
19
Okay.
20
that up?
21
No.
22
Okay.
23
24
25
No.
I'm not
Okay.
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
157
30
161
157
160
ofof
of
51
225
252
248
251
Saturday July
June16,
9, 2016
31
1
Broken.
When?
of last year.
Okay.
So I put it on eBay.
Right.
10
11
12
electronic funds.
13
the money.
Right.
14
15
What's that?
16
Or a PayPal account.
17
PayPal account.
18
Okay.
19
20
21
22
account.
23
Uh-huh.
24
25
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
158
31
162
158
161
ofof
of
51
225
252
248
251
Right.
Now, in my
Saturday July
June16,
9, 2016
32
1
judgment.
So eBay
Uh-huh.
Okay.
10
11
12
Right.
My PACER account
13
14
15
So
16
Okay.
17
18
19
20
my cases.
Q
Let me go back.
at some point.
21
Okay.
22
23
phone?
24
25
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
159
32
163
159
162
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of
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Saturday July
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9, 2016
33
1
you?
Okay.
So I replaced it.
of Apple.
I got out
How old --
service about it, and they had harassed me, and I had to
10
11
Radio Shack, and under Sprint's program they would pay your
12
13
have a Samsung.
14
15
So I went to
How old was the phone at the time that you tried
16
17
Okay.
18
19
20
21
22
or --
23
24
25
Okay.
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
160
33
164
160
163
ofof
of
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Saturday July
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9, 2016
34
1
Yeah.
I can't buy
Okay.
Okay.
10
11
12
13
What happen?
14
15
I think January.
16
Of this year?
17
Yes, '16.
18
19
I think January.
General's Office or --
20
Oh.
21
22
23
Okay.
24
25
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
161
34
165
161
164
ofof
of
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Saturday July
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1
everything to me.
Okay.
Service me everything.
8
9
A
the NSA.
Okay.
I mean, if
10
11
He said
12
13
she's been saying that the good old boys are behind her
14
problems.
15
stated for the record what the NSA agent told me about the
16
good old boys and how it relates to what she was saying.
17
Uh-huh.
Okay.
18
19
information on file.
20
21
22
Office.
23
Okay.
24
25
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
162
35
166
162
165
ofof
of
51
225
252
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251
Saturday July
June16,
9, 2016
36
1
Uh-huh.
They'd work.
Oh, yeah.
Yes.
Well, supposedly.
10
didn't work.
11
Okay.
12
Lowe's.
13
14
Yeah.
15
Yes.
16
17
Okay.
18
19
I'm sorry.
Foam
memory mattress.
A
On the record,
20
21
say '98 I've been going to the doctors on and off for it.
22
23
24
25
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
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36
167
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166
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Since I'd
So I got a
Saturday July
June16,
9, 2016
37
1
Okay.
excruciating pain.
6
7
Yes.
10
Thank you.
11
12
13
Okay.
14
15
magnets.
16
17
All right.
18
19
21
No.
22
All right.
24
25
You ask
the questions.
20
23
So
the mattress?
A
No.
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
164
37
168
164
167
ofof
of
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Saturday July
June16,
9, 2016
38
1
Other nights...
3
4
Okay.
No.
10
11
12
chiropractor.
A
being effective.
13
Okay.
14
15
to Medicare.
16
house.
17
medicines.
18
19
Okay.
And pain
20
21
22
there.
23
24
25
If not,
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
165
38
169
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168
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Saturday July
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9, 2016
39
1
MR. REESER:
THE WITNESS:
with me.
BY MR. REESER:
Okay.
If I know what?
10
11
12
13
That's fine.
14
15
I can't.
I went to -- okay.
16
17
18
19
March 23rd
May 10th
20
21
22
It gets severe.
I have to use
23
24
25
Family Health
Clinic.
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
166
39
170
166
169
ofof
of
51
225
252
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251
Saturday July
June16,
9, 2016
40
1
2
3
4
That's a medical
doctor?
A
Okay.
treatments.
the NFL.
10
11
12
13
14
15
Okay.
16
17
I put it on there?
18
19
20
Okay.
21
Oh, yeah.
22
a -- it vibrates.
23
24
25
Full.
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
167
40
171
167
170
ofof
of
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Saturday July
June16,
9, 2016
41
1
Perfectly normal.
Yeah.
All right.
Yeah.
10
Okay.
11
12
13
14
it?
Laptop computers.
15
16
Let me see.
17
How
aren't in there.
18
Yeah.
19
Let me see.
20
21
be right.
Two.
22
Okay.
23
24
right.
25
That's about
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
168
41
172
168
171
ofof
of
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Saturday July
June16,
9, 2016
42
1
Oh, boy.
HP.
usually.
6
7
Compaq.
Viruses
Oh, yeah.
Yeah.
10
It's not --
11
12
13
an old processor.
14
15
sometimes --
16
No, I -- I understand.
The economics of it
17
18
Squad.
19
The laptops --
20
21
Okay.
22
23
Oh, no.
No.
24
Okay.
25
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
169
42
173
169
172
ofof
of
51
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252
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251
Saturday July
June16,
9, 2016
43
1
Maybe 2012.
2013.
8
9
Compaq, '15.
No.
11
-- last month?
12
No.
13
it in bulk.
14
litigation.
15
16
document.
18
Okay.
I do
19
Right.
20
21
Maybe
10
17
The
computers?
22
Yeah.
23
The --
24
25
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
170
43
174
170
173
ofof
of
51
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252
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251
Saturday July
June16,
9, 2016
44
1
We talked
about the HP and the Compaq, and then you said you bought a
by --
A Lenovo.
Right.
Denovo?
Lenovo.
10
Lenovo?
11
L-e-n-o-v-o.
12
13
14
have repaired?
A
Yeah.
Yeah, I had it
15
16
17
18
19
He just
I
He had a computer
20
21
22
23
No.
24
Yeah.
25
Let me see.
I think he moved
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
171
44
175
171
174
ofof
of
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Saturday July
June16,
9, 2016
45
1
hacking.
years.
Okay.
A Plus on Columbia
Avenue.
the detective.
Okay.
I met with
10
11
He
You're
12
Okay.
13
He never -- I guess
14
15
16
17
18
19
Yes.
20
21
Three or four.
22
23
24
Okay.
25
repairs?
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
172
45
176
172
175
ofof
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Saturday July
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9, 2016
46
1
I'm sorry?
Okay.
No.
Why not?
Oh, sure.
10
11
12
items.
13
14
15
Okay.
16
17
And I take it
18
19
Great.
20
21
No, I can't.
22
23
24
25
Let me see.
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
173
46
177
173
176
ofof
of
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Saturday July
June16,
9, 2016
47
1
Okay.
That's $160.
5
6
Here's one.
technical people.
Okay.
A Plus.
Okay.
Here's A Plus.
10
receipt.
11
Avenue.
12
13
computer.
14
Let's see.
Here's
Okay.
That's on Columbia
I want to put
15
16
17
19
Sure.
20
21
items?
22
23
18
24
25
that?
Sure.
Do you have
I don't know.
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
174
47
178
174
177
ofof
of
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Saturday July
June16,
9, 2016
48
1
piece of paper.
Let's see.
Let me go
Here's a receipt.
This is a Verizon.
10
11
12
Okay.
13
I believe.
14
Geek Squad.
No,
concerned.
15
16
17
18
I don't know.
19
Okay.
20
I don't know.
21
22
23
24
25
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
175
48
179
175
178
ofof
of
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Saturday July
June16,
9, 2016
49
1
Okay.
I got people
BY MR. REESER:
Okay.
them back?
Sure.
10
11
12
13
continue it or not.
14
15
A
fine.
Okay.
16
Okay.
17
18
19
20
Yeah, that'd be
21
Why?
22
23
24
25
office?
Q
Okay.
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
176
49
180
176
179
ofof
of
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Saturday July
June16,
9, 2016
50
1
Or we can do it at my house.
It's nice.
All right.
Okay.
Roughly an hour.
started.
10
11
12
Yeah.
13
MR. REESER:
14
15
Okay.
Very good.
10:19 a.m.)
16
17
18
19
20
21
22
23
24
25
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
177
50
181
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180
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of
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Saturday July
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51
1
COUNTY OF DAUPHIN
2
3
4
:
: SS
COMMONWEALTH OF PENNSYLVANIA
8
9
10
11
12
13
14
15
16
17
18
19
20
21
said witness.
22
23
24
25
Stan J.J.Caterbone
STAN
CATERBONE
CATERBONE
v. The
United
Under
United
v.States
Oath
United
States
ofStates
America,
of America,
of America,
et.al.,
et.al.,
Page
Page
Page
Page
et.al.,
178
51
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Saturday July
June16,
9, 2016
Federal Sovereign
Immunity
John Lobato
Jeffrey Theodore
DRAFT
Last updated: 5-14-06
CATERBONE v. The
United
United
States
States
of America,
of America,
et.al.,
et.al.,
Page
Page183
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I. Introductory
The Constitution nowhere refers to sovereign immunity. Rather, it is a doctrine from
English law that the Court has assumed was silently imported into American law.
1
See United States v. Lee, 106 U.S. 196 (1882); Alden v. Maine, 527 U.S. 706 (1999); Hans v. Louisiana, 134 U.S.
1 (1890).
2
See, e.g., College Sav. Bank v. Florida Prepaid Postsecondary Educ. Exp. Bd., 527 U.S. 666 (1999); Florida
Prepaid Postsecondary Educ. Exp. Bd. v. College Sav. Bank, 527 U.S. 627 (1999); Seminole Tribe v. Florida, 517
U.S. 44 (1996); Alden, 527 U.S. at 706.
3
See, e.g., Federal Tort Claims Act, 28 U.S.C. 1346(b); Tucker Act, 28 U.S.C. 1491.
4
209 U.S. 123 (1908).
CATERBONE v. The
United
United
States
States
of America,
of America,
et.al.,
et.al.,
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[T]he doctrine is derived from the laws and practices of our English ancestors;
and . . . is beyond question that from the time of Edward the First until now the
King of England was not suable in the courts of that country. . . . And while the
exemption of the United States and of the several States from being subjected as
defendants to ordinary actions in the courts has since that time been repeatedly
asserted here, the principle has never been discussed or the reasons for it given,
but it has always been treated as an established doctrine. 5
Sovereign immunity is a rule with many, varied rationales. One is that it is part of the
very nature of sovereignty to be immune from unconsented suits. 6 In Kawananakoa v.
Polyblank, 7 Justice Holmes attempted to go beyond the mere assertions that characterize the
Courts recent opinions: A sovereign is exempt from suit, not because of any formal conception
or obsolete theory, but on the logical and practical ground that there can be no legal right as
against the authority that makes the law on which the right depends. 8 That argument can be
read either narrowly to establish immunity only in those cases where the substantive legal basis
for the claim is created by the sued entity or broadly to mean that the law creator is immune from
all suits, whatever the substantive basis. The broader claim does not follow logically, but
Holmes is ambiguous about which he advances: the rights that exist are not created by Congress
or the Constitution, except to the extent of certain limitations of power. 9 It is unclear if rights
that exist refers to the specific rights at issue in the casethese involved a property dispute with
the applicable law made by the immune sovereignor is a broader statement about the absence
of supervening rights in general. In any event, today more than ever we have Constitutional
rights that stand above Congress and so the broad interpretation cannot be saved on that ground.
Moreover, there is a difficulty even with the narrow construction of Holmess argument. Just
5
CATERBONE v. The
United
United
States
States
of America,
of America,
et.al.,
et.al.,
Page
Page185
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because a sovereign creates the law does not mean that he should be immune to that law.
Certainly he can alter the law so as to avoid liability in the circumstances he prefers, but
changing the law for everyone is a very different thing from exempting only the law-maker. It
does not follow from the proposition that a law-maker can do the former to the conclusion that
he can do the latter. 10
More recent defenses of sovereign immunity have also focused on the putative harm to its
dignity that a government suffers when subjected to unconsented suits. 11 Alternatively,
commentators have argued that sovereign immunity facilitates the governments responsibility to
protect common resources by making individuals bear the costs of losses suffered by
governmental action. 12
Opponents of sovereign immunity object to the notion that a state, unlike every other
legal actor, should be exempt from sanction for the most clearly lawless behavior. 13 They
argue that sovereign immunity is inappropriate in a democracy for it inevitably places a lesser
value on administering justice to the individual than on giving government a license to act
arbitrarily. 14 Moreover, the arguments from sovereignty and dignity have no place in a polity in
which the people are sovereign.
10
A similar argument, also with some resonance in the English legal tradition, is that courts are the sovereigns
courts, and the judges his judges, and thus the sovereign cannot be sued in his own courts without his consent, see 2
DE LEGIBUS ET CONSUETUDINIBUS ANGLIAE 166-67, 304 (Samuel E. Thorne ed. and trans., 1968-1977); 3 WILLIAM
HOLDSWORTH, A HISTORY OF ENGLISH LAW 462 (3d ed. 1922- ). This seems to have limited application to a
government of divided powers where the judiciary is independent of the legislature and the executive.
11
See, e.g., Seminole Tribe, 517 U.S. at 58; Idaho v. Coeur dAlene Tribe, 521 U.S. 261, 268 (1997).
12
David A. Webster, Beyond Federal Sovereign Immunity: 5 U.S.C. 702 Spells Relief, 49 OHIO ST. L.J. 725
(1988).
13
Atascadero State Hospital v. Scanlon, 473 U.S. 234, 252 (1985).
14
Hess v. Port Authority Trans-Hudson Corp., 513 U.S. 30, 54 (1994) (Stevens, J., concurring).
CATERBONE v. The
United
United
States
States
of America,
of America,
et.al.,
et.al.,
Page
Page186
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Finally, there is a tremendous historical dispute over the precise form, extent, and
strength of sovereign immunity in England and America in the late eighteenth century and the
degree to which it was incorporated into the Constitution. 15
15
This paper cannot survey the full range of historical arguments and interpretations. There are, however, two
views which appear regularly and are reducible to a concise form. Compare Alden, 527 U.S. at 713-15 ([T]he
States' immunity from suit is a fundamental aspect of the sovereignty which the States enjoyed before the
ratification of the Constitution, and which they retain today. . . . The generation that designed and adopted our
federal system considered immunity from private suits central to sovereign dignity. . . . In reciting the prerogatives
of the Crown, Blackstone -- whose works constituted the preeminent authority on English law for the founding
generation -- underscored the close and necessary relationship understood to exist between sovereignty and
immunity from suit.), with Atascadero, 473 U.S. at 259 (The Framers never intended to constitutionalize the
doctrine of state sovereign immunity.). These same positions are echoed, often verbatim, throughout the Courts
sovereign immunity jurisprudence.
16
U.S. CONST. amend V. This Briefing Paper uses the term Takings Clause, but the Takings Clause actually
consists of only the statement that private property shall not be taken for public use. The Just Compensation
clause follows and adds without just compensation as a qualifier. For purposes of this Part, the Just Compensation
Clause is addressed as a part of the Takings Clause, and addressed as a possible trigger for damages.
CATERBONE v. The
United
United
States
States
of America,
of America,
et.al.,
et.al.,
Page
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government from actively taking property, but rather places a condition on such a taking. 17
While sovereign immunity may protect the government from suit by individuals, some
commentators argue that the Takings Clause creates a cause of action able to overcome
sovereign immunity.
A very plausible textual reading of the Takings Clause withdraws the immunity of the
government in cases where it, either through a physical encroachment or regulatory invasion, 18
takes property from a property owner. Under this view, the Constitution spells out the right to
make a claim against the government within the Fifth Amendment rather plainly. Dicta in
United States v. Clarke 19 appeared to endorse the view that a landowner has the right to bring an
action in inverse condemnation resulting from the self-executing character of the constitutional
provision with respect to compensation. 20 Clarke and cases in line with its holding demonstrate
that the right to bring suit against the government is an inherent part of the Takings Clause. As a
result of government action, it appears there is a trigger provision allowing for the suit against
the government and, accordingly, lowering the shield of sovereign immunity with respect to
takings.
The more difficult question in the area of takings is the extent to which the Takings
Clause mandates monetary compensation. In other words, perhaps the Fifth Amendment serves
only as a limitation on the power of government action but does not serve as a remedial
17
See Williamson County Regional Planning Commn v. Hamilton Bank, 473 U.S. 172, 194 (1985).
There is a large and extensive literature on the meaning of property for purposes of the Takings Clause. See
United States v. General Motors Corp., 323 U.S. 373, 377-78 (describing the tension between common usage and
substantive uses). See generally Adam Mossof, What is Property? Putting the Pieces Back Together, 45 ARIZ. L.
REV. 371 (2003). While such a discussion is beyond the breadth of this Briefing Paper, it is of interest to note that
the rights discussed within this Part could be substantially expanded or contracted depending on the definition of
property that one uses.
19
445 U.S. 253 (1980).
20
Id. at 257. An action for inverse condemnation is one brought by a property owner for compensation from a
government agency which has taken the owners property without formal condemnation proceedings. BLACKS LAW
DICTIONARY (8th ed. 2004).
18
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provision. Commentators suggest that the principles of sovereign immunity and just
compensation are on a collision course. 21 While the Supreme Court has never directly
addressed the issue of whether the Takings Clause implies its own remedy, there are dicta on the
subject in several of its opinions. In the case of First English Evangelical Lutheran Church of
Glendale v. County of Los Angeles, 22 the Court addressed the claim of a landowner that a
regulatory ordinance barring construction on the landowners property effectively denied the
landowner the use of the property, which might give rise to compensation. 23 The claimant
brought an action of inverse condemnation for a temporary regulatory taking and was denied
compensation. 24 The case then revolved around the consenting states system of regulatory
takings.
While the Courts holding addressed a number of procedural issues with regard to the
denial of compensation, 25 dicta also addressed the issue of compensation with regard to
sovereign immunity. The United States Solicitor General confronted the Court with an argument
in an amicus brief that the Fifth Amendment does not require that a damage remedy be entered
against the government in the case of a regulatory taking.26 The Government contended that
the Fifth Amendment on its own, absent further congressional action, does not require a damage
remedy against the United States. 27 This was an issue not raised by the courts below, but that the
Solicitor Generals office introduced because of the substantial constitutional uncertainty. The
21
Richard H. Seamon, The Asymmetry of State Sovereign Immunity, 76 WASH. L. REV. 1067, 1067 (2001).
482 U.S. 304 (1987).
23
Id. at 307-309.
24
Id.
25
The issues presented to the Court consisted of (1) a determination of whether a previous decision by the California
Supreme Court that the Just Compensation Clause did not require compensation as a remedy for regulatory takings
was properly presented, and (2) in a case of a regulatory taking, whether the landowner may recover damages before
judicial determination of a regulatory taking. Id. at 310-11.
26
Brief for the United States as Amicus Curiae at 12, First English Evangelical Lutheran Church of Glendale v.
County of Los Angeles, 482 U.S. 304 (1987) (No. 85-1199)..
27
Id. at 18.
22
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Solicitor General stated the question presented as whether the Constitution itself embodies a
monetary remedy for governmental takings of property without just compensation. 28 While
conceding that the government does pay compensation in cases both of physical takings and of
regulatory takings, the Government contended that there is no right to have the courts mandate
payment as compensation for the taking. 29 The text is strictly prohibitory and so on its own
cannot authorize a monetary award against the government. 30 Accordingly, as a textual matter,
the Fifth Amendment imposes a limitation on the power of the government by requiring just
compensation, but does not prescribe a particular remedy for violations. 31
The argument of the Government, however, rested on more than just textual
interpretationit also examined the issue of sovereign immunity. The Government argued that
the Constitution does not surrender the immunity of the United States, 32 and cited cases for the
proposition that the Constitution does not withhold sovereignty from the Government. 33 Previous
decisions of the Supreme Court lend credence to such an argument by demonstrating that
Congress possesses the power to bar suits for monetary relief against the United States
government where there is an alleged taking of property without just compensation. 34 Indeed,
most cases, Takings Clause violations are brought under the Tucker Act 35 or other statutory
provisions explicitly granting a waiver of sovereign immunity that set forth a mechanism for
28
Id.
Id. at 14.
30
Id.
31
Id. The Solicitor General draws a parallel with other clauses in the Constitution, specifically within the Fifth
Amendment. Just as indictment is not a remedy for the governments holding of a person to answer for an infamous
crime and due process is not a remedy for a deprivation of life, liberty, or property, a similar construction would
conclude that the availability of just compensation, while an essential condition of a constitutional taking, was not
prescribed by the Fifth Amendment as the judicial remedy for an unconstitutional one. Id. at 15.
32
Id. at 16 (citing THE FEDERALIST No. 81 (Alexander Hamilton)).
33
Id. (citing California v. Arizona, 440 U.S. 59, 61-62, 65 (1979)).
34
See Lynch v. United States, 292 U.S. 571, 579, 580-582 (1934).
35
28 U.S.C. 1491.
29
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monetary relief. 36 According to the Government, it is within the power of Congress to waive
sovereign immunity in certain cases and set up the compensation mechanism available to
claimants, but the Fifth Amendment alone does not create a monetary compensation regime
through its own language.
In response to the Governments argument, Chief Justice Rehnquist, writing for the
majority, penned the much-discussed footnote nine in First English. 37 The footnote is dicta
because sovereign immunity does not extend to counties or other local government bodies. 38
Nevertheless, Rehnquist rejected the argument of the Solicitor General that the Fifth Amendment
is merely prohibitory in nature and does not create any remedial measures. 39 He explained that
precedent clearly indicated that the Constitution creates a remedy where interference with
property rises to the level of a taking. 40 The Court found that it is an established principle of
Fifth Amendment constitutional interpretation that claims for just compensation are based in the
Constitution itself. 41 The Court quoted Jacobs v. United States 42 for the following proposition:
[T]he remedy did not qualify the right. It rested upon the Fifth Amendment. Statutory
recognition was not necessary. A promise to pay was not necessary. Such a promise was
implied because of the duty to pay imposed by the Amendment. The suits were thus
founded upon the Constitution of the United States. 43
Accordingly, the Court rejected the argument of the Solicitor Generals brief that, in light of
sovereign immunity and original understanding the Fifth Amendment contains no mandatory
remedial trigger.
36
See, e.g., Schillinger v. United States, 155 U.S. 163 (1894); Jacobs v. United States, 290 U.S. 13 (1933) (suit
brought under Tucker Act for taking by flooding of property). See also, United States v. Clarke 445 U.S. 253 (1980)
(involving an interpretation of 25 U.S.C. 357 on condemnation of Indian lands).
37
First English, 482 U.S. at 316 n.9.
38
See Mt. Healthy City School Dist. Bd. of Ed. v. Doyle, 429 U.S. 274 (1977).
39
First English, 482 U.S. at 316 n.9.
40
Id. (citing San Diego Gas & Electric Co. v. San Diego, 450 U.S. 621, 655, n.21 (1981) (Brennan, J., dissenting)).
See also United States v. Clarke, 445 U.S. 253, 257 (1980); Jacobs v. United States 290 U.S. 13 (1933).
41
First English, 482 U.S. at 315.
42
290 U.S. 13 (1933).
43
Id. at 16 (emphasis added by First English).
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The debate over the rights entailed by the Takings Clause relating to compensation did
not end with First English. Indeed, the issue is probably as murky now as it was before the
decision since most lower courts have acknowledged that the language in footnote nine was
merely dicta. The first problem is that the cases cited by the Court to rebut the self-execution
argument did not actually address the issue of sovereign immunity. 44 In fact, some older
Supreme Court cases seem to indicate the supremacy of sovereign immunity in the context of the
Takings Clause and just compensation. In Lynch, 45 the Court held that the Just Compensation
Clause does not abrogate the sovereign immunity of the federal government. 46 As a result, even
in the wake of First English, the Courts of Appeal have split on the issue. The Seventh Circuit
has stated, It is true that [First English] holds that the Constitution requires a state to waive its
sovereign immunity to the extent necessary to allow claims to be filed against it for takings of
private property for public use. 47 However, the Fifth Circuit has held, the Foundation's Fifth
Amendment inverse condemnation claim brought directly against the State of Texas is also
barred by the Eleventh Amendment. 48
Moreover, many commentators believe that the Court has retreated from the dicta in First
English. They argue that in a recent opinion 49 (joined by the only two signers of the First
English decision still on the Court) treated question as uncertain. 50 In any event, the Court has
repeatedly held that the assertion of a constitutional right is not itself sufficient basis for
overriding sovereign immunityotherwise sovereign immunity would be a dead letter.
44
See Jacobs, 290 U.S. at 13; Kirby Forest Industries, Inc. v. United States, 467 U.S. 1 (1984); United States v.
Causby, 328 U.S. 256 (1946); Seaboard Air Line R. Co. v. United States, 261 U.S. 299 (1923); Monongahela
Navigation Co. v. United States, 148 U.S. 312 (1893).
45
292 U.S. at 571.
46
See id. at 579-582.
47
Lucien v. Johnson, 61 F.3d 573, 575 (7th Cir. 1995).
48
John G. & Marie Stella Kenedy Memorial Found. v. Mauro, 21 F.3d 667, 674 (5th Cir. 1994).
49
See City of Monterey v. Del Monte Dunes, 526 U.S. 687, 714 (1999).
50
Our reading of Del Monte Dunes is that the comment was less a substantive retreat than a debating point:
conceding the issue for the sake argument so as to introduce another, independent criticism of the dissent.
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Academic literature continues to suggest that sovereign immunity does exist in the area of
Takings Clause compensation claims. 51 Of course this is inconsistent with the proposition in
First English that the Constitution requires compensation through the remedial provision of the
Just Compensation Clause. It is also worth nothing that such an interpretation of the Takings
Clause with respect to just compensation will affect the standing of all property in relation to
claims against the government. 52
There are extrinsic reasons to believe that this debate might be resolved in favor of
Takings Clause claims overcoming sovereign immunity. In the context of the Eleventh
Amendment, Congress can abrogate state sovereign immunity using its Fourteenth Amendment
powers but not its Commerce Clause powers. 53 This can be read to suggest that due process-type
guarantees enjoy a special precedence over sovereign immunity. Moreover, the Takings Clause
operates against the states only by way of the Fourteenth Amendment, which strengthens the
association. The force of this argument is somewhat weakened, however, by the fact that in
Seminole Tribe, the Court distinguished the Commerce Clause and the Fourteenth Amendment
primarily on the grounds that the former contains language expressly directed toward the States.
And, the proposition that the Fourteenth Amendment modifies pre-existing regimes of sovereign
immunity has no relevance the Takings Clause in the federal context, for the Fifth Amendment
has applied to the federal government since 1791, not by virtue of the Fourteenth Amendment.
We should be cautious before assuming that the fact that the Fourteenth Amendment can trump
state sovereign immunity extends to federal sovereign immunity.
51
See Seamon, supra note 21, at 1067 (suggesting that the States are immune from just-compensation suits brought
in federal court, but not those brought against them in their own courts).
52
As discussed previously, defining what constitutes property is beyond the scope of this Briefing Paper, but it is
important to note that an expansion of that definition with a corresponding right to compensation could broadly
abrogate sovereign immunity.
53
Fitzpatrick v. Bitzer, 427 U.S. 445 (1976); Seminole Tribe v. Florida, 517 U.S. 44 (1996).
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Another extrinsic consideration: Kelo v. City of New London 54 expanded the power of the
government under the Takings Clause. 55 The analogous result in the remedy context is expansion
of sovereign immunity and disfavor of implied remedies.
The state of ambiguity in the takings area is analogous to the situation in tax rebate
actions, another Fifth Amendment claim. 56 In 1990 the Supreme Court ruled that unlawful
taxation constitutes a deprivation of property, and the Due Process Clause therefore requires
states to provide in their own courts either a pre- or post-deprivation remedy. 57 Four years later
the Court reaffirmed this holding and noted that while the Eleventh Amendment bars tax refund
claims in federal court, the Due Process Clause requires states to provide a state court remedy,
sovereign immunity notwithstanding. 58 However, more recently the Court has cast doubt on
the proposition that the Fourteenth Amendment requires the state to provide a remedy and
effectively waive its immunity in this instance. In Alden v. Maine, the Court held that states
enjoy sovereign immunity in their own courts as well as federal courts. 59 As part of an argument
that this holding was consistent with existing precedents, the majority recharacterized Reich as
standing merely for the proposition that a state may not hold out the promise of a post54
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deprivation remedy and then withdraw it after the taxpayer, relying on the prospect of a remedy,
has paid his taxes. 60 In this context, due process requires the State to provide the remedy it has
promised. 61
b. Contracts with the Federal Government and the Contracts Clause
Sovereign immunity plays a significant role in the field of contract enforcement. The
Constitution provides that No Money shall be drawn from the Treasury, but in Consequence of
Appropriations made by Law. 62 In the field of contracts, it is particularly difficult to analogize
between state and federal sovereign immunity because the substantive constitutional and
legislative provisions differ in the context of state and federal governments. This results in far
smaller source base for evaluating the role of sovereign immunity in federal contract claims.
The Contract Clause of the Constitution requires that No State shall . . . pass any . . .
Law impairing the Obligation of Contracts. 63 The Contract Clause, on its terms as well as
through interpretation by various courts, applies to states and local governments but not the
federal government. 64 Indeed, the Supreme Court has noted that contractual obligations between
the nation and an individual are binding to the extent of the sovereigns conscience and do not
create an independent right of action. 65 This interpretation of the Contract Clause is appropriate
given the original purpose of the Clauseto prevent states from discharging contractual
obligations through debtor relief laws. 66 Although the Contract Clause applies only to states and
local governments, the Supreme Court has read contractual rights into the Fifth Amendment,
60
Id. at 740.
Id.
62
U.S. CONST. art. I, 9 cl. 7.
63
U.S. CONST. art. I, 10, cl. 1.
64
See ERWIN CHEMERINSKY, CONSTITUTIONAL LAW: PRINCIPLES AND POLICIES, 605 (2d ed. 2002). See also Esther
C. v. Ambach, 515 N.Y.S. 2d 997, 999 (1987).
65
Lynch v. United States, 292 U.S. 571, 58081 (1934).
66
See CHEMERINSKY, supra note 54, at 605.
61
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through the Takings and Due Process Clauses. 67 The vested contractual rights may constitute
protected property, which cannot be taken without just compensation. 68 Accordingly, this
analysis falls under the previous discussion of property rights. 69 In the state and local
government context, the Court has fluctuated between strict standards 70 and more deferential
standards 71 regarding the states ability to modify contractual obligations. Furthermore, within
the Contract Clause itself, there is no self-executing remedial provision, unlike what may exist
with the Just Compensation provision of the Takings Clause. The options for judicial
enforcement include both revocation of the applicable law and monetary compensation for
breach of contract.
Currently, the rights of individuals advancing contractual claims against the federal
government are largely governed by the Tucker Act. 72 That statute, passed in 1887, waives
sovereign immunity in lawsuits arising out of contracts to which the government, or its agencies,
are parties. 73 In consenting to suit, the Tucker Act qualifies the jurisdictional grounds on which
the cases may be brought. If the plaintiff seeks less than $10,000 in damages, the federal district
courts have concurrent jurisdiction with the United States Court of Federal Claims. 74 However,
if the damages are greater than $10,000, the Court of Federal Claims has exclusive jurisdiction
over the controversy. 75 Where the government waives sovereign immunity under the Tucker
67
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Act, contractual breaches are treated as if they arose at common law and the government as if it
were a private party. 76
The Tucker Act does not actually create an unlimited right to recover in all cases. The
Supreme Court, in Burr v. FHA, 77 determined that Congress has the power to create agencies
capable of acting as private litigants in contract disputes, but to condition the agencys liability
on the use of agency funds and not funds from the general treasury. 78 Accordingly, this form of
limited-liability qualifies the waiver of immunity enacted by the Tucker Act. If Congress
creates such a sue and be sued agency, the judgment cannot exceed the amount of money
available to the agency. To the extent that it does, sovereign immunity attaches.
Burrs endorsement of Congresss ability to limit liability suggests that in the absence of
congressional waiver, there will be no basis for a claim against the federal government: the
Contract Clause cannot overcome the bar erected by sovereign immunity. Even the Tucker Act
does not create any cause of action against the government. Any such cause of action must be
based on the substantive law for which sovereign immunity is waivedin the case of the Tucker
Act, contract law. 79 Perhaps an individual seeking compensation from the government,
however, could bring a suit under the Takings Clause and demand just compensation under a
nouvelle definition of property. 80 In contract cases compensation would also depend on the right
vested in the individual claiming a breach of contract. If such a right is vested, that agreement
may become binding on future Congresses. 81
76
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The existence of the Tucker Act and the case law surrounding the Act demonstrate both
congressional and judicial acknowledgement of the sovereign immunity of the federal
government. Without the waiver of immunity, a plaintiff could not bring a claim against the
federal government. Plaintiffs have, however, attempted to bring cases involving contractual
rights against the governmentmost prominent among them claims for Social Security
benefits. 82 In Helvering v. Davis, 83 the Court determined that Social Security is merely a
program of government welfare spending, even though the benefits of the program, like a
contract, may seem earned. 84 Years later, in Flemming v. Nestor, 85 the Court reiterated many of
the same ideas, and rejected the argument that the payment of Social Security taxes generates a
property right in the accrued benefits. 86 These cases further demonstrate some unwillingness on
the part of the Court to vest contractual rights in individuals through claims against the federal
government.
c. Defaults on Debt
An interesting question is whether a suit to enforce payment on government bonds would
be able to overcome an assertion of sovereign immunity. The federal governments default on its
debt would arguably violate both the Takings and Contracts Clauses and thus give rise to a
particularly strong case that sovereign immunity would not apply. However, several
considerations caution against such a conclusion. First, recovery for a debt default requires the
payment of monies from the treasury to compensate for previous violations. This is the area in
82
Plaintiffs have advanced both contract and property theories in this regard.
301 U.S. 619 (1937).
84
Id. at 640.
85
363 U.S. 603 (1960).
86
Id. at 1372-73.
83
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which sovereign immunity is at its strongest. 87 Moreover, the fact that the government would
have to deal with outraged bondholding voters and economic, market consequences might
encourage the Supreme Court to conclude that political safeguards are sufficient to protect
bondholders against default. The decision to default and risk the attendant increase in borrowing
costs and substantial economic dislocation seems like a judgment about macroeconomic policy
properly left to the political branches. Finally, analogy to the late nineteenth-century state bond
cases suggests that sovereign immunity applies to actions to recover debt. In rejecting various
suits, nominally against state officials, to force state governments to honor their debts, the Court
consistently held that the State was, as the party of interest to the contract, the real defendant and
thus that sovereign immunity attached. 88 It was taken as given that where the state was the
defendant, sovereign immunity would bar suit. 89 The States obligation not to violate its
contracts is subject to the other constitutional principle, of equal authority, contained in the 11th
Amendment, which secures to the State an immunity from suit. 90
87
See the discussion below of the limitation of damages in officer suits to prospective injunctive relief. Nor is the
fact that the default is continuing likely to help. See the discussion of Papasan v. Allain, 478 U.S. 265, 281 (1986),
below.
88
In re Ayers, 123 U.S. 443 (1887); Hagood v. Southern, 117 U.S. 52 (1886); La. v. Jumel, 107 U.S. 711 (1883).
89
In re Ayres, 123 U.S. at 487.
90
Id. at 503.
91
See Louis L. Jaffe, Suits Against Governments and Officers: Sovereign Immunity, 77 HARV. L. REV. 1 (1963).
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General from bringing suit to enforce an unconstitutional state statute after reasoning that such
an enactment is void and therefore cannot impart the states immunity to its official:
The use of the name of the State to enforce an unconstitutional act to the injury of
complainants is a proceeding without the authority of and one which does not
affect the State in its sovereign or governmental capacity. It is simply an illegal
act upon the part of a state official in attempting by the use of the name of the
State to enforce a legislative enactment which is void because unconstitutional. If
the act which the state Attorney General seeks to enforce be a violation of the
Federal Constitution, the officer in proceeding under such enactment comes into
conflict with the superior authority of that Constitution, and he is in that case
stripped of his official or representative character and is subjected in his person to
the consequences of his individual conduct. The State has no power to impart to
him any immunity from responsibility to the supreme authority of the United
States. 92
Although federal waivers of sovereign immunity result in fewer claims against federal officers,
in the absence of those waivers the logic of Ex parte Young is as appropriate in the context of
federal official action as it is in the context of state official action. 93
The Supreme Courts rightward drift since the 1970s has produced a string of decisions
substantially limiting the scope of Ex parte Young. Under the rule of Edelman v. Jordan, 94
plaintiffs can no longer receive monetary compensation in suits against state officials for past
violations of a legal duty. 95 When the action is in essence one for the recovery of money from
the state, the state is the real, substantial party in interest and is entitled to invoke its sovereign
immunity from suit even though individual officers are nominal defendants. 96 Among other
92
209 U.S. 123, 159-60 (1908). The Young doctrine relies on a legal fictionofficials are stripped of state
immunity and ostensibly held responsible for their individual conduct, but relief runs against the state. Ex parte
Young requires that unconstitutional conduct by a state officer may be state action for purposes of the Fourteenth
Amendment yet not attributable to the State for purposes of the Eleventh. Florida Department of State v. Treasure
Salvors, 458 U.S. 670, 685 (1982) (plurality opinion).
93
See generally Richard H. Fallon, Jr., Daniel J. Meltzer & David L. Shapiro, HART & WECHSLER'S THE FEDERAL
COURTS AND THE FEDERAL SYSTEM 959 (5th ed. 2003).
94
415 U.S. 651(1974).
95
Id. at 668.
96
Id. at 663 (quoting Ford Motor Co. v. Department of Treasury, 323 U.S. 459, 464 (1945)).
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things, this prevents the use of Ex parte Young to obtain tax refunds. 97 However, Edelman does
not bar actions for prospective reliefthose suits that seek to enjoin state officials future
conducteven where there will be consequences to the state treasury, so long as,
The fiscal consequences to state treasuries . . . were the necessary result of
compliance with decrees which by their terms were prospective in nature. State
officials, in order to shape their official conduct to the mandate of the Courts
decrees would more likely have to spend money from the state treasury than if
they had been left free to pursue their previous course of conduct. Such an
ancillary effect on the state treasury is a permissible and often an inevitable
consequence of the principle announced in Ex parte Young. 98
Ancillary fiscal consequences can include attorneys fees and fines imposed to enforce
prospective, injunctive relief. 99 Declaratory relief is available or unavailable along the same
lines: once the state is in compliance with the law, though it becomes so only during litigation,
relief is unavailable under Ex parte Young. 100
Edelman and its progeny severely restrict the relief available under Ex parte Young.
However, there is still a significant prospect for judicial interference in state finances. While
post-collectment challenges to taxation seek retroactive relief and are thus unavailable, precollectment challenges remain within the terms of the exception. A 1952 case, Georgia Railroad
& Banking Co. v. Redwine, held that a suit to enjoin the assessment and collection of taxes fell
within the Young exception. 101 This is still good law. Suits to enjoin the collection of taxes do
not seek compensation for past legal violations, but to prevent officials taking future illegal
actions. The fiscal consequences are merely ancillary to the prospective judgment about the
97
Id. at 665.
Id. at 668.
99
See Hutto v. Finney, 437 U.S. 678, 690 (1978) (Federal courts are not reduced to issuing injunctions against state
officers and hoping for compliance. . . . Many of the court's most effective enforcement weapons involve financial
penalties.).
100
See Green v. Mansour, 474 U.S. 64 (1985).
101
342 U.S. 299 (1952)
98
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legality of future conduct. Indeed, Edelman distinguished (and thus approved) several previous
cases that enjoined state officials against discontinuing welfare benefits.102
It is unlikely, however, that the Rehnquist Court would, or the Roberts Court will,
countenance any imaginable degree of interference in government finances simply on the
grounds that it is ancillary to prospective relief. The law here is not entirely clear or consistent
but suggests the existence of some limits. In Papasan v. Allain, the Court refused to allow
plaintiffs to recover for a continuing breach of trust on the grounds that the recovery would in
effect be for an accrued monetary liability. 103 This would seem to make officer suits under Ex
parte Young unavailable as a means to recover for debt defaults. On the other hand, in Milliken
v. Bradley, the Court approved a remedial scheme that required future payments from the state
treasury to rectify past discrimination on the grounds that the funded programs operated
prospectively to bring about improved conditions. 104 More recently, in Missouri v. Jenkins, the
Court rejected a remedial plan that required the state to pay for increased teacher salaries and
quality education programs in the Kansas City, Missouri school district. 105 While Jenkins did
not discuss the sovereign immunity context, it reflects the same concerns that have motivated the
Court to restrict the reach of Ex parte Young.
In the Young context these concerns found their furthest expression in Idaho v. Coeur
dAlene Tribe. 106 That case held that suits that are the functional equivalent of a quiet title action
against a states interests in its submerged lands implicate special sovereignty interests and
therefore fall outside the scope of Ex parte Young. At least one Court of Appeals has read this
opinion as an invitation to find new special sovereignty interests that also preclude resort to Ex
102
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parte Young. 107 However, the Supreme Court appeared to turn back from this line of inquiry in a
2002 decision. It announced a straightforward inquiry into whether [the] complaint alleges an
ongoing violation of federal law and seeks relief properly characterized as prospective. 108
Nowhere did it mention special sovereignty interests, much less suggest that district courts
must ask in each suit under Ex parte Young whether the requested relief would implicate them.
What should be clear is that the precise contours of relief available under Ex parte Young
are not written in stone. They are subject to a malleable balancing act that weighs the
Supremacy Clause against the demands of sovereignty and is highly case specific. As Justice
Brennan has written,
The Court makes a valiant effort to set forth the principles that determine whether
a particular claim is or is not barred by the Eleventh Amendment. To my mind,
the Court's restatement simply underscores the implausibility of the entire
venture, for it clearly demonstrates that the Court's Eleventh Amendment
jurisprudence consists of little more than a number of ad hoc and unmanageable
rules bearing little or no relation to one another or to any coherent framework;
indeed, the Court's best efforts to impose order on the cases in this area has
produced only the conclusion that [f]or Eleventh Amendment purposes, the line
between permitted and prohibited suits will often be indistinct. This hodgepodge
produces no positive benefits to society. Its only effect is to impair or prevent
effective enforcement of federal law. It is highly unlikely that, having created a
system in which federal law was to be supreme, the Framers of the Constitution or
of the Eleventh Amendment nonetheless intended for that law to be unenforceable
in the broad class of cases now barred by this Court's precedents. In fact, as I
demonstrated last Term in Atascadero, the Framers intended no such thing. 109
*
When attempting to obtain remedies against the government, the doctrine of sovereign
immunity bars unconsented suit. There are perhaps a few sorts of claims that might overcome
sovereign immunity and allow suit against the state as if it were any other legal entity. This
107
ANR Pipeline Co. v. Lafaver, 150 F.3d 1178, 1191 (10th Cir. 1998).
Verizon Maryland v. Public Service Commission, 535 U.S. 635, 645 (quoting Coeur dAlene Tribe, 521 U.S. at
296 (OConnor, J., concurring in part and concurring in the judgment)).
109
Papasan, 478 U.S. at 293 (Brennan, J., concurring in part, concurring in the judgment in part, and dissenting in
part).
108
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paper has discussed the possibility that takings cases, tax rebate claims, contracts cases, and bond
cases might create such exceptions to sovereign immunity. An option more generally available
but of more limited utility than suit directly against the state is suit against officers under Ex
parte Young. Because the state is not the defendant but relief in effect runs against it, the
plaintiff is able to get redress and can avoid the bar of sovereign immunity. However, the
Supreme Court has allowed sovereign immunity considerations to come in through the back door
and limit the remedies available in officer suits. A suit against an officer will be construed as a
suit against the state if it seeks remedies other than prospective injunctive relief. In that case, the
bar of sovereign immunity will attach. The state bond cases serve as examples of both functions
of sovereign immunity. It was understood that suit directly against the state was unavailable so
the plaintiffs attempted to sue state officers. The Court nevertheless held that the suit was in
effect against the state and decided that sovereign immunity therefore denied jurisdiction. 110
Ultimately, it is impossible to say precisely which claims overcome sovereign immunity
and allow citizens to vindicate their rights in court. Nevertheless, we can make some
generalizations: certain claims for prospective relief nominally addressed to officers are the
strongest route to obtaining relief, though not in the form of damages. For that, a claim based on
the Takings Clause is the least unlikely to defeat the bar posed by sovereign immunity.
110
The reasoning was slightly different than in contemporary cases. The nineteenth-century cases decided that suit
was against the state because the state was the party to the contract, while contemporary doctrine would decide that
the suit was against the state because it asked for money damage from the treasury for past violations.
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BIBLIOGRAPHY
(cases and judicial materials omitted)
Erwin Chemerinsky, CONSTITUTIONAL LAW: PRINCIPLES AND POLICIES (2d ed. 2002).
DE LEGIBUS ET CONSUETUDINIBUS ANGLIAE (Samuel E. Thorne ed. and trans., 1968-1977).
Richard H. Fallon, Jr., Daniel J. Meltzer & David L. Shapiro, HART & WECHSLER'S THE
FEDERAL COURTS AND THE FEDERAL SYSTEM (5th ed. 2003).
THE FEDERALIST No. 81 (Alexander Hamilton).
WILLIAM HOLDSWORTH, A HISTORY OF ENGLISH LAW (3d ed. 1922- ).
Louis L. Jaffe, Suits Against Governments and Officers: Sovereign Immunity, 77 HARV. L. REV.
1 (1963).
Adam Mossof, What is Property? Putting the Pieces Back Together, 45 ARIZ. L. REV. 371
(2003).
Richard H. Seamon, The Asymmetry of State Sovereign Immunity, 76 WASH. L. REV. 1067,
(2001).
David A. Webster, Beyond Federal Sovereign Immunity: 5 U.S.C. 702 Spells Relief, 49 OHIO
ST. L.J. 725 (1988).
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https://en.wikipedia.org/wiki/Castle_doctrine
Castle doctrine
From Wikipedia, the free encyclopedia
A Castle Doctrine (also known as a castle law or a defense of habitation law) is a legal doctrine that designates a person's abode or any legally occupied place
e.g., a vehicle or workplace, as a place in which that person has protections and immunities permitting him or her, in certain circumstances, to use force (up to
and including deadly force) to defend himself or herself against an intruder, free from legal prosecution for the consequences of the force used.[1] The term is
most commonly used in the United States, though many other countries invoke comparable principles in their laws.
A person may have a duty to retreat to avoid violence if one can reasonably do so. Castle doctrines negate the duty to retreat when an individual is assaulted in a
place where that individual has a right to be, such as within one's own home. Deadly force may be justified and a defense of justifiable homicide applicable, in
cases "when the actor reasonably fears imminent peril of death or serious bodily harm to him or herself or another".[1] The castle doctrine is not a defined law
that can be invoked, but a set of principles which may be incorporated in some form in the law of many jurisdictions.
Justifiable homicide[2] inside one's home is distinct, as a matter of law, from castle doctrine's no duty to retreat therefrom. Because the mere occurrence of
trespassingand occasionally a subjective requirement of fearis sufficient to invoke the castle doctrine, the burden of proof of fact is much less challenging
than that of justifying a homicide. With a mere justifiable homicide law, one generally must objectively prove to a trier of fact, beyond all reasonable doubt, the
intent in the intruder's mind to commit violence or a felony. It would be a misconception of law to infer that because a state has a justifiable homicide provision
pertaining to one's domicile, it has a castle doctrine, exonerating any duty whatsoever to retreat therefrom. The use of this legal principle in the United States
has been controversial in relation to a number of cases in which it has been invoked, including the deaths of Japanese exchange student Yoshihiro Hattori and
Scottish businessman Andrew de Vries.
Contents
1 History
1.1 In early America
1.2 On the American frontier
1.3 Current position
2 Conditions of use
2.1 Immunity from civil lawsuit
2.2 Duty to retreat
2.3 Stand-your-ground
2.4 Culpability of intruder
3 State-by-state positions in the United States
3.1 States with a castle law
3.2 States with weak or no specific castle law
4 Outside the USA
4.1 Australia
4.2 Canada
4.3 England and Wales
4.4 Germany
4.5 Ireland
4.6 Israel
4.7 Italy
5 See also
5.1 History
5.2 Related sayings
6 Notes
History
The legal concept of the inviolability of the home has been known in Western civilization since the age of the Roman Republic.[3] In English common law the
term is derived from the dictum that "an Englishman's home is his castle" (see Semayne's case). This concept was established as English law by the 17th
century jurist Sir Edward Coke, in his The Institutes of the Laws of England, 1628:[4]
For a man's house is his castle, et domus sua cuique est tutissimum refugium [and each man's home is his safest refuge].[4]
English common law came with colonists to the New World, where it has become known as the castle doctrine.[4] The term has been used in England to imply a
person's absolute right to exclude anyone from his home, although this has always had restrictions, such as bailiffs having increasing powers of entry since the
late-20th century.[5]
According to 18th-century Presbyterian minister and biblical commentator Matthew Henry, the prohibition of murder found in the Old Testament contains an
exception for legitimate self-defense. A home defender who struck and killed a thief caught in the act of breaking in at night was not guilty of bloodshed. If a
thief is caught breaking in and is struck so that he dies, the thief owes no blood-debt to the home-defender; but if the thief lives, he owes a blood-debt to the
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In early America
By the 18th century, many US state legal systems began by importing English common law such as Acts of Parliament
of 2 Ed. III (Statute of Northampton), and 5 Rich. II (Forcible Entry Act 1381) in law since 1381which imposed
criminal sanctions intending to discourage the resort to self-help.[8][9] This required a threatened party to retreat,
whenever property was "involved" and resolve the issue by civil means.
Then as now, there were English politicians who were for or against the use of self-help over state-help. William
Blackstone, in Book 4, Chapter 16[10] of his Commentaries on the Laws of England,[11] proclaims that the laws "leave
him (the inhabitant) the natural right of killing the aggressor (the burglar)" and goes on to generalize in the following
words:
"Trespassers will be shot" sign
And the law of England has so particular and tender a regard to the immunity of a man's house, that it stiles
it his castle, and will never suffer it to be violated with immunity: agreeing herein with the sentiments of
ancient Rome, as expressed in the works of Tully;[12] quid enim sanctius, quid omni religione munitius,
quam domus uniusquisque civium?[13] For this reason no doors can in general be broken open to execute
any civil process; though, in criminal causes, the public safety supersedes the private. Hence also in part
arises the animadversion of the law upon eaves-droppers, nuisancers, and incendiaries: and to this principle
it must be assigned, that a man may assemble people together lawfully without danger of raising a riot, rout,
or unlawful assembly, in order to protect and defend his house; which he is not permitted to do in any other
case.
William Blackstone, Commentaries on the Laws of England
Not only was the doctrine considered to justify defense against neighbors and criminals, but any of the Crown's agents who attempted to enter without a proper
warrant as well. It should be noted that prohibitions of the Fourth Amendment to the United States Constitution share a common background with current castle
doctrine laws.
In 1841, The Preemption Act was passed to "appropriate the proceeds of the sales of public lands... and to grant 'pre-emption rights' to individuals" who were
already living on federal lands (commonly referred to as "squatters"). During this same period, claim clubs sprung up all over the US advocating vigilance and
the castle doctrine. This was in concurrence with the culture of manifest destiny which led to westward expansion and the American Indian Wars, the last of
which ended by the 1920s.
Current position
Today, the majority of American states have construed their statutes of forcible entry, both penal and civil, in such a manner as to abrogate the common law
privilege to use force in the recovery of possession of land.[15] A minority of states, however, have taken the view that their forcible entry statutes have not
deprived a defendant with the right to immediate possession of land of his common law privilege to use reasonable force to regain possession thereof.[16]
The term "make my day law" came to be used in the United States in about 1985 when Colorado passed a law that shielded people from any criminal or civil
liability for using force against a home invader, including deadly force.[17] (The law's nickname is a reference to the line "Go ahead, make my day" uttered by
actor Clint Eastwood's character "Dirty Harry" Callahan in the 1983 police film Sudden Impact.)
Conditions of use
Each jurisdiction incorporates the castle doctrine into its laws in different ways. The circumstance in which it may be invoked include the premises covered
(abode only, or other places too), the degree of retreat or non-deadly resistance required before deadly force can be used, etc. Typical conditions that apply to
some castle doctrine laws include:
An intruder must be making (or have made) an attempt to unlawfully or forcibly enter an occupied residence, business, or vehicle.
The intruder must be acting unlawfully (the castle doctrine does not allow a right to use force against officers of the law, acting in the course of their legal
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duties).
The occupant(s) of the home must reasonably believe the intruder intends to inflict serious bodily harm or death upon an occupant of the home. Some
states apply the Castle Doctrine if the occupant(s) of the home reasonably believe the intruder intends to commit a lesser felony such as arson or burglary.
The occupant(s) of the home must not have provoked or instigated an intrusion; or, provoked/instigated an intruder's threat or use of deadly force.
In all cases, the occupant(s) of the home: must be there legally; must not be fugitives from the law, themselves, or aiding/abetting other fugitives; and must not
use force upon an officer of the law performing a legal duty.[18]
In Colorado, the make-my-day statute provides the occupant with immunity from prosecution only for force used against a person who has made an unlawful
entry into the dwelling, but not against a person who remains unlawfully in the dwelling.[19][20]
Duty to retreat
In US jurisdictions where the castle doctrine applies, there is no duty to retreat before deadly force is used against an intruder by a person in their home or, in
some jurisdictions, just simply where the person can legally be.[21]
Stand-your-ground
Most states in the United States have stand-your-ground laws where individuals can use deadly force in any location one is legally allowed to be without first
attempting to retreat.
Culpability of intruder
In Colorado, the make-my-day statute "was not intended to justify use of physical force against persons who enter a dwelling accidentally or in good faith."[20]
In other words, "the unlawful entry element requires a culpable mental state of 'knowingly' on the part of the intruder."[22]
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Statute
Notes
"Use of force in defense of a person.
Alabama
Alaska
Arizona
Arkansas
California
13A-3-23
(a) A person is justified in using physical force upon another person in order to defend
himself or herself or a third person from what he or she reasonably believes to be the use or
imminent use of unlawful physical force by that other person, and he or she may use a
degree of force which he or she reasonably believes to be necessary for the purpose. A
person may use deadly physical force, and is legally presumed to be justified in using
deadly physical force in self-defense or the defense of another person pursuant to
subdivision (4), if the person reasonably believes that another person is: (1) Using or about
to use unlawful deadly physical force. (2) Using or about to use physical force against an
occupant of a dwelling while committing or attempting to commit a burglary of such
dwelling. (3) Committing or about to commit a kidnapping in any degree, assault in the first
or second degree, burglary in any degree, robbery in any degree, forcible rape, or forcible
sodomy. (4) In the process of unlawfully and forcefully entering, or has unlawfully and
forcefully entered, a dwelling, residence, or occupied vehicle, or federally licensed nuclear
power facility, or is in the process of sabotaging or attempting to sabotage a federally
licensed nuclear power facility, or is attempting to remove, or has forcefully removed, a
person against his or her will from any dwelling, residence, or occupied vehicle when the
person has a legal right to be there, and provided that the person using the deadly physical
force knows or has reason to believe that an unlawful and forcible entry or unlawful and
forcible act is occurring...." http://www.usacarry.com
/alabama_stand_your_ground_castle_doctrine_law.html
11.81.335
"...a person who is justified in using nondeadly force in self-defense under AS 11.81.330
may use deadly force in self-defense upon another person when and to the extent the person
reasonably believes the use of deadly force is necessary for self-defense against death,
serious physical injury, kidnapping, sexual assault, robbery in any degree... there is no duty
to leave the area if the person is(1) on premises that the person owns or leases. - See more
at: http://codes.lp.findlaw.com/akstatutes/11/11.81./04./11.81.335.#sthash.q41T1xXM.dpuf
13-411
"A. A person is justified in threatening or using both physical force and deadly physical
force against another if and to the extent the person reasonably believes that physical force
or deadly physical force is immediately necessary to prevent the other's commission of
arson of an occupied structure under section 131704, burglary in the second or first degree
under section 131507 or 131508, kidnapping under section 131304, manslaughter under
section 131103, second or first degree murder under section 131104 or 131105, sexual
conduct with a minor under section 131405, sexual assault under section 131406, child
molestation under section 131410, armed robbery under section 131904, or aggravated
assault under section 131204, subsection A, paragraphs 1 and 2. B. There is no duty to
retreat before threatening or using physical force or deadly physical force justified by
subsection A of this section. C. A person is presumed to be acting reasonably for the
purposes of this section if he the person is acting to prevent the commission of any of the
offenses listed in subsection A of this section. D. This section is not limited to the use or
threatened use of physical or deadly physical force in a person's home, residence, place of
business, land the person owns or leases, conveyance of any kind, or any other place in this
state where a person has a right to be. - See more at: http://www.azleg.gov
//FormatDocument.asp?inDoc=/legtext/47leg/2r/laws/0199.htm&Session_ID=83
[24]
The General Assembly finds that the current laws regarding self-defense and the use of
deadly physical force in self-defense or in defense of another person are adequate in that the
law explicitly does not require a person to retreat from certain life-threatening
confrontations if a person cannot do so safely. However, the General Assembly finds that
there is currently not enough protection from civil liability for a person who rightfully uses
deadly physical force in self-defense or in defense of another person. The General
Assembly finds that a more robust civil immunity statute is necessary to protect a person
from civil damages stemming from an incident when he or she lawfully uses deadly
physical force in self-defense or in defense of another person.
"Any person using force intended or likely to cause death or great bodily injury within his
or her residence shall be presumed to have held a reasonable fear of imminent peril of death
or great bodily injury to self, family, or a member of the household when that force is used
against another person, not a member of the family or household, who unlawfully and
forcibly enters or has unlawfully and forcibly entered the residence and the person using the
force knew or had reason to believe that an unlawful and forcible entry occurred."
[2] (http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&
sectionNum=198.5.)
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Statute
Notes
18-1-704
"...any occupant of a dwelling is justified in using any degree of physical force, including
deadly physical force, against another person when that other person has made an unlawful
entry into the dwelling, and when the occupant has a reasonable belief that such other
person has committed a crime in the dwelling in addition to the uninvited entry, or is
committing or intends to commit a crime against a person or property in addition to the
uninvited entry, and when the occupant reasonably believes that such other person might
use any physical force, no matter how slight, against any occupant." 18-1-704.5 Use of
deadly physical force against an intruder. (http://www.lexisnexis.com/hottopics/colorado
/?app=00075&view=full&interface=1&docinfo=off&searchtype=get&
search=C.R.S.+18-1-704.5)
Connecticut
Florida
776.013 (http://www.leg.state.fl.us/statutes
/index.cfm?App_mode=Display_Statute&
URL=0700-0799/0776/Sections/0776.013.html)
Home protection; use or threatened use of deadly force; presumption of fear of death or
great bodily harm.
Georgia
16-3-23.1
Hawaii
703-304 (http://www.capitol.hawaii.gov
/hrscurrent/Vol14_Ch0701-0853/HRS0703
/HRS_0703-0304.HTM)
Idaho
18-4009 (http://law.justia.com/codes/idaho
/2005/18ftoc/180400009.html)
Illinois
Use of deadly force justified. Specific legislation prevents filing claim against defender of
dwelling. Illinois has no requirement of retreat.
Indiana
IC 35-41-3-2 (http://www.in.gov/legislative
/ic/code/title35/ar41/ch3.html)
Iowa
704.1 (http://search.legis.state.ia.us
/NXT/iclink.htm?c=704$s=1$)
No duty to retreat from home or place of business in defense of self or a "third party".
Kentucky
Louisiana
LA RS 14:20 (http://www.legis.state.la.us
/lss/lss.asp?doc=78338)
Maine
104 (http://janus.state.me.us/legis/statutes
/17-a/title17-asec104.html)
Deadly force justified to terminate criminal trespass AND another crime within home, or to
stop unlawful and imminent use of deadly force, or to effect a citizen's arrest against deadly
force; duty to retreat not specifically removed[25]
Colorado
Maryland
See Maryland self-defense. Case-law, not statute, incorporates the common law castledoctrine into Maryland self-defense law. Invitees or guests may have duty to retreat based
on mixed case law.[26]
Massachusetts
Section 8A. In the prosecution of a person who is an occupant of a dwelling charged with
killing or injuring one who was unlawfully in said dwelling, it shall be a defense that the
occupant was in his dwelling at the time of the offense and that he acted in the reasonable
belief that the person unlawfully in said dwelling was about to inflict great bodily injury or
278-8a (http://www.mass.gov/legis/laws/mgl
/278-8a.htm)
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death upon said occupant or upon another person lawfully in said dwelling, and that said
occupant used reasonable means to defend himself or such other person lawfully in said
dwelling. There shall be no duty on said occupant to retreat from such person unlawfully in
said dwelling.
768.21c Use of deadly force by individual in own dwelling; "dwelling" defined.
Michigan
768.21c (http://www.legislature.mi.gov
/%28S%28yn5bw45msck2da2vgll4o4rt%29%29
/mileg.aspx?page=GetObject&objectname=mcl768-21c)
Minnesota
609.065 (http://www.revisor.leg.state.mn.us
/statutes/?id=609.065)
Mississippi
MS Code 97-3-15
(1) In cases in which section 2 of the self-defense act does not apply, the common law of
this state applies except that the duty to retreat before using deadly force is not required if
an individual is in his or her own dwelling or within the curtilage of that dwelling.
(2) As used in this section, "dwelling" means a structure or shelter that is used permanently
or temporarily as a place of abode, including an appurtenant structure attached to that
structure or shelter.[27]
No duty to retreat before using deadly force to prevent a felony in one's place of abode; no
duty to retreat before using deadly force in self-defense in one's place of abode [28]) This
isn't as clear as it appears, however. There are four cases in Minnesota where duty of retreat
was upheld.[29]
(3) A person who uses defensive force shall be presumed to have reasonably feared
imminent death or great bodily harm, or the commission of a felony upon him or another or
upon his dwelling, or against a vehicle which he was occupying, or against his business or
place of employment or the immediate premises of such business or place of employment,
if the person against whom the defensive force was used, was in the process of unlawfully
and forcibly entering, or had unlawfully and forcibly entered, a dwelling, occupied vehicle,
business, place of employment or the immediate premises thereof or if that person had
unlawfully removed or was attempting to unlawfully remove another against the other
person's will from that dwelling, occupied vehicle, business, place of employment or the
immediate premises thereof and the person who used defensive force knew or had reason to
believe that the forcible entry or unlawful and forcible act was occurring or had occurred.
This presumption shall not apply if the person against whom defensive force was used has a
right to be in or is a lawful resident or owner of the dwelling, vehicle, business, place of
employment or the immediate premises thereof or is the lawful resident or owner of the
dwelling, vehicle, business, place of employment or the immediate premises thereof or if
the person who uses defensive force is engaged in unlawful activity or if the person is a law
enforcement officer engaged in the performance of his official duties;
(4) A person who is not the initial aggressor and is not engaged in unlawful activity shall
have no duty to retreat before using deadly force under subsection (1) (e) or (f) of this
section if the person is in a place where the person has a right to be, and no finder of fact
shall be permitted to consider the person's failure to retreat as evidence that the person's use
of force was unnecessary, excessive or unreasonable.
(5) (a) The presumptions contained in subsection (3) of this section shall apply in civil
cases in which self-defense or defense of another is claimed as a defense.[30]
Missouri
563.031 (http://www.moga.mo.gov/statutes
/C500-599/5630000031.HTM)
Extends to any building, inhabitable structure, or conveyance of any kind, whether the
building, inhabitable structure, or conveyance is temporary or permanent, mobile or
immobile (e.g., a camper, RV or mobile home), which has a roof over it, including a tent,
and is designed to be occupied by people lodging therein at night, whether the person is
residing there temporarily, permanently or visiting (e.g., a hotel or motel), and any vehicle.
The defense against civil suits is absolute and includes the award of attorney's fees, court
costs, and all reasonable expenses incurred by the defendant in defense of any civil action
brought by a plaintiff.
45-3-103. Use of force in defense of occupied structure.
Montana
[4] (http://leg.mt.gov/bills/mca/45
/3/45-3-103.htm) 45-3-103
Nevada
200.120 (http://www.leg.state.nv.us/NRS/NRS200.html#NRS200Sec120)
(1) A person is justified in the use of force or threat to use force against another when and
to the extent that the person reasonably believes that the use of force is necessary to prevent
or terminate the other person's unlawful entry into or attack upon an occupied structure.
(2) A person justified in the use of force pursuant to subsection (1) is justified in the use of
force likely to cause death or serious bodily harm only if:
(a) the entry is made or attempted and the person reasonably believes that the force is
necessary to prevent an assault upon the person or another then in the occupied structure; or
(b) the person reasonably believes that the force is necessary to prevent the commission of a
forcible felony in the occupied structure.
200.120.
1. Justifiable homicide is the killing of a human being in necessary self-defense, or in
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https://en.wikipedia.org/wiki/Castle_doctrine
Statute
Notes
defense of habitation, property or person, against one who manifestly intends or endeavors,
by violence or surprise, to commit a felony, or against any person or persons who
manifestly intend and endeavor, in a violent, riotous, tumultuous or surreptitious manner, to
enter the habitation of another for the purpose of assaulting or offering personal violence to
any person dwelling or being therein.
2.A person is not required to retreat before using deadly force as provided in subsection 1
if the person:
(a)Is not the original aggressor;
(b)Has a right to be present at the location where deadly force is used; and
(c)Is not actively engaged in conduct in furtherance of criminal activity at the time deadly
force is used.
New
Hampshire
[5] (http://www.gencourt.state.nh.us/RSA/html
/LXII/627/627-4.htm)
Not required to retreat if he or she is within his or her dwelling, its curtilage, or anywhere
he or she has a right to be, and was not the initial aggressor. An individual may respond to a
threat of serious bodily injury or death by displaying a firearm or other method of
self-defense. Deadly force is justified if the aggressor is about to use unlawful, deadly
force, is likely to use any unlawful force against a person present while committing or
attempting to commit a burglary, is committing or about to commit kidnapping or a forcible
sex offense, or is likely to use any unlawful force in the commission of a felony against the
individual within their dwelling or its curtilage.
New Jersey
[6] (http://law.onecle.com/new-jersey/2c-thenew-jersey-code-of-criminal-justice/3-4.html)
Retreat required if actor knows he can avoid necessity of deadly force in complete safety,
etc. except not obliged to retreat from dwelling, unless the initial aggressor
New York
PL 35.15(2)(a)(i) (http://law.onecle.com
/new-york/penal/PEN035.15_35.15.html)
Retreat required if actor knows that with complete personal safety, to oneself and others, he
or she may avoid the necessity of using deadly force by retreating, except that the actor is
under no duty to retreat if he or she is in his or her dwelling and not the initial aggressor.
Use of force in defense of person; relief from criminal or civil liability.
North
Carolina
1451.3 (http://www.ncleg.net
/enactedlegislation/statutes/html/bysection
/chapter_14/gs_14-51.3.html)
(a) A person is justified in using force, except deadly force, against another when and to the
extent that the person reasonably believes that the conduct is necessary to defend himself or
herself or another against the other's imminent use of unlawful force. However, a person is
justified in the use of deadly force and does not have a duty to retreat in any place he or she
has the lawful right to be if either of the following applies: (1) He or she reasonably
believes that such force is necessary to prevent imminent death or great bodily harm to
himself or herself or another. (2) Under the circumstances permitted pursuant to G.S.
1451.2. (http://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_14
/gs_14-51.2.html) (b) A person who uses force as permitted by this section is justified in
using such force and is immune from civil or criminal liability for the use of such force,
unless the person against whom force was used is a law enforcement officer or bail
bondsman who was lawfully acting in the performance of his or her official duties and the
officer or bail bondsman identified himself or herself in accordance with any applicable law
or the person using force knew or reasonably should have known that the person was a law
enforcement officer or bail bondsman in the lawful performance of his or her official duties.
(2011268, s. 1.)
When deadly force is used in lawful self-defense, or in lawful defense of others, if such
force is necessary to protect the actor or anyone else against death, serious bodily injury, or
the commission of a felony involving violence, An individual is not required to retreat
within or from that individual's dwelling or place of work or from an occupied motor home
or travel trailer, unless the individual was the original aggressor or is assailed by another
individual who the individual knows also dwells or works there or who is lawfully in the
12.1-05-07. [7] (http://www.legis.nd.gov/cencode
North Dakota
motor home or travel trailer. Also, deadly force is permitted in defense of property when
/t12-1c05.pdf?20131030212707)
used by an individual in possession or control of a dwelling, place of work, or an occupied
motor home or travel trailer, or by an individual who is licensed or privileged to be there, if
the force is necessary to prevent commission of arson, burglary, robbery, or a felony
involving violence upon or in the dwelling, place of work, or occupied motor home or
travel trailer, and the use of force other than deadly force for these purposes would expose
any individual to substantial danger of serious bodily injury.
Ohio
Oregon
127 SB 184 (http://archives.legislature.state.oh.us Extends to vehicles of self and immediate family; effective September 9, 2008.[31] Section
/bills.cfm?ID=127_SB_184)
2901.09
Use of force justifiable in a range of scenarios without a duty to retreat specified. Oregon
Supreme Court affirmed in State of Oregon v. Sandoval
(http://www.publications.ojd.state.or.us/docs/S53457.htm) that the law "sets out a specific
set of circumstances that justify a person's use of deadly force (that the person reasonably
believes that another person is using or about to use deadly force against him or her) and
does not interpose any additional requirement (including a requirement that there be no
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Statute
Notes
means of escape)."
Rhode Island
The most recent version of Pennsylvanias Castle Doctrine legislation was signed into law
in June 2011. The law extends the right to self-defense up to and including deadly force in a
victims dwelling (now including any attached porch, deck or patio), occupied vehicle, or
any other dwelling or vehicle that the victim legally occupies. A place of work is included
in the "castle" provision under certain circumstances. Use of deadly force is justifiable if
the "castle" area in the event that an assailant is "unlawfully and forcefully entering" or has
entered the "castle" area. Deadly force is also justifiable, subject to certain provisions, if a
person that legally enters the "castle" goes on to unlawfully attack a victim (when the
victim is resonably in fear of his/her life) or if the attacker attempts to kidnap anyone who
legally occupies the "castle". The victim must be in "legal possession" of a firearm or other
weapon to be justified in the use of that weapon. Use of deadly force to protect an innocent
third person is generally allowed in circumstances where the provisions for justifiable
self-defense are met. Victims who justifiably use force to defend themselves under the
provisions of the law are immune from civil liability for any injuries sustained by the
attacker during the incident. The new legislation also contains a stand your ground
provision when outside the "castle". Outside "castle areas" there is no duty to retreat if
confronted with a weapon.
11-8-8 (http://www.rilin.state.ri.us/Statutes
/TITLE11/11-8/11-8-8.HTM)
(a) A person is justified in using deadly force against another:
Texas
(1) if the actor would be justified in using force against the other under Section 9.31; and
(2) when and to the degree the actor reasonably believes the deadly force is immediately
necessary: (A) to protect the actor against the other's use or attempted use of unlawful
deadly force; or (B) to prevent the other's imminent commission of aggravated kidnapping,
murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery. (b) The
actor's belief under Subsection (a)(2) that the deadly force was immediately necessary as
described by that subdivision is presumed to be reasonable if the actor: (1) knew or had
reason to believe that the person against whom the deadly force was used: (A) unlawfully
and with force entered, or was attempting to enter unlawfully and with force, the actor's
occupied habitation, vehicle, or place of business or employment; (B) unlawfully and with
force removed, or was attempting to remove unlawfully and with force, the actor from the
actor's habitation, vehicle, or place of business or employment; or (C) was committing or
attempting to commit an offense described by Subsection (a)(2)(B); (2) did not provoke the
person against whom the force was used; and (3) was not otherwise engaged in criminal
activity, other than a Class C misdemeanor that is a violation of a law or ordinance
regulating traffic at the time the force was used. (c) A person who has a right to be present
at the location where the deadly force is used, who has not provoked the person against
whom the deadly force is used, and who is not engaged in criminal activity at the time the
deadly force is used is not required to retreat before using deadly force as described by this
section. (d) For purposes of Subsection (a)(2), in determining whether an actor described by
Subsection (c) reasonably believed that the use of deadly force was necessary, a finder of
fact may not consider whether the actor failed to retreat.
76-2-405. Amended by Chapter 252, 1985 General Session. Force in defense of habitation.
(1) A person is justified in using force against another when and to the extent that he
reasonably believes that the force is necessary to prevent or terminate the other's unlawful
entry into or attack upon his habitation; however, he is justified in the use of force which is
intended or likely to cause death or serious bodily injury only if: (a) the entry is made or
attempted in a violent and tumultuous manner, surreptitiously, or by stealth, and he
reasonably believes that the entry is attempted or made for the purpose of assaulting or
offering personal violence to any person, dwelling, or being in the habitation and he
reasonably believes that the force is necessary to prevent the assault or offer of personal
violence; or (b) he reasonably believes that the entry is made or attempted for the purpose
of committing a felony in the habitation and that the force is necessary to prevent the
commission of the felony. (2) The person using force or deadly force in defense of
habitation is presumed for the purpose of both civil and criminal cases to have acted
reasonably and had a reasonable fear of imminent peril of death or serious bodily injury if
the entry or attempted entry is unlawful and is made or attempted by use of force, or in a
violent and tumultuous manner, or surreptitiously or by stealth, or for the purpose of
committing a felony.
Utah
[9] (http://le.utah.gov/xcode/Title76/Chapter2
/76-2-S405.html)
West Virginia
55-7-22.
[10] (http://www.legis.state.wv.us/wvcode
/ChapterEntire.cfm?chap=55&art=7§ion=22) (a) A lawful occupant within a home or other place of residence is justified in using
STAN J. CATERBONE
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https://en.wikipedia.org/wiki/Castle_doctrine
Statute
Notes
reasonable and proportionate force, including deadly force, against an intruder or attacker to
prevent a forcible entry into the home or residence or to terminate the intruder's or attacker's
unlawful entry if the occupant reasonably apprehends that the intruder or attacker may kill
or inflict serious bodily harm upon the occupant or others in the home or residence or if the
occupant reasonably believes that the intruder or attacker intends to commit a felony in the
home or residence and the occupant reasonably believes deadly force is necessary.
(b) A lawful occupant within a home or other place of residence does not have a duty to
retreat from an intruder or attacker in the circumstances described in subsection (a) of this
section.
Wisconsin
[11] (https://docs.legis.wisconsin.gov
/2011/proposals/ab69)
Wyoming
[12] (http://trib.com/news/state-and-regional
/gov-signs-castle-doctrinebill/article_65c56e68-273a-57fc-90eae3052bac0527.html)
Assembly Bill 69, signed December 7, 2011) The civil immunity became Sec. 895.62,
Wis.Stats. and the criminal immunity became Sec. 939.48, Wis.Stats.
Canada
By court ruling in 2011, a resident is permitted to use "reasonable and necessary" force in subduing an intruder in his or her private domicile or business. By
definition, killing the intruder is only an option if non-lethal means cannot be carried out, and excessive force with obvious intent to kill is not necessarily
defensible in court.[38]
Germany
German law allows self-defense against an unlawful attack.[41] Courts have interpreted this law as applicable to home invasion, including the use of lethal force
STAN J. CATERBONE
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against law enforcement in cases where the home owner was of the mistaken belief that the intrusion was an unlawful
attack on his life.[42]
Ireland
Under the terms of the Defence and the Dwelling Act, property owners or residents are entitled to defend themselves
with force, up to and including lethal force. Any individual who uses force against a trespasser is not guilty of an offense
if he or she honestly believes they were there to commit a criminal act and a threat to life. However, there is a further
provision which requires that the reaction to the intruder is such that another reasonable person in the same
circumstances would likely employ. This provision acts as a safeguard against grossly disproportionate use of force,
while still allowing a person to use force in nearly all circumstances.
The law was introduced in response to DPP v. Padraig Nally.[43][44] The Act largely places previous Irish common law
jurisprudence regarding self-defense on a statutory footing.[45]
Israel
Israeli law allows property owners to defend themselves with force.[46] This law was introduced in response to the trial of Shai Dromi, an Israeli farmer who
shot Arab intruders on his farm late at night.[47]
Italy
Italy passed a law in 2005 that would allow property owners to defend themselves with force.[48] The law practical application is however highly controversial:
Italian judiciary system is rather complex and using force is, more often than not, not recommended at all, since the property owner might get sued for
disproportionate use of force.[49]
See also
Duty to retreat, obligation to withdraw rather than attack, overridden by castle doctrine
Justifiable homicide, the blameless killing of a person, such as in self-defense.
Stand-your-ground law, which applies the castle doctrine to any place.
Self-defence (Australia)
Squatting in the United States
Trespasser
History
Claim club
Related sayings
a man's home is his castle
an Englishman's home is his castle
Notes
1. "Assembly, No. 159, State of New Jersey, 213th Legislature, The "New Jersey
Self Defense Law" " (PDF). May 6, 2008. Retrieved 2009-03-19. "The Castle
Doctrine is a long-standing American legal concept arising from English
Common Law that provides that one's abode is a special area in which one
enjoys certain protections and immunities, that one is not obligated to retreat
before defending oneself against attack, and that one may do so without fear of
prosecution."
2. Black's Law Dictionary (http://thelawdictionary.org/homicide-justifiable
/#ixzz2aUEbR0HM): This term applies to the blameless killing of a person, such
as in self-defense.
3. Numa Denis Fustel de Coulanges, The Ancient City, 50. "To enter this house
with any malevolent intention was a sacrilege. The domicile was inviolable."
4. "An Englishman's home is his castle". Phrases.org.uk. Retrieved 2012-01-11.
5. Philip Johnston (11 January 2009). "An Englishman's home is no longer his
castle". London: Telegraph. Retrieved 2012-01-11.
6. Exodus 22:2-3
7. Exodus 22:1-3 (http://www.mechon-mamre.org/p/pt/pt0222.htm)
8. Dickinson v. Maguire, 9 Cal. 46 (http://www.lexisnexis.com/clients/CACourts/),
The Chief Justice of California during the ruling was David S. Terry, who
ironically, was later killed by order of Associate Supreme Court Justice Field
under the guise of self-defense.
9. Daluiso v. Boone , 71 Cal.2d 484 (http://scocal.stanford.edu/opinion/daluisov-boone-27416) for English common law history
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16. "Shorter v. Shelton, 183 Va. 819, 826-827". Supreme Court of Virginia. April 23,
1945. Retrieved 2013-07-29. "It will be observed that the statute [of forcible
entry] does not in express terms deprive the owner of the common-law right to
take possession by reasonable force of premises to which he may be entitled."
17. Dirk Johnson (June 1, 1990). " 'Make My Day': More Than a Threat". New York
Times. Retrieved 2008-06-27.
18. Reinhart, Christopher. "CASTLE DOCTRINE AND SELF-DEFENSE".
http://www.cga.ct.gov. State of Connecticut. Retrieved 8 September 2014.
External link in |website= (help)
19. People v. Drennon, 860 P.2d 589 (Colo. Ct. App. 1993)
20. People v. McNeese, 892 P.2d 304 (Colo. 1995)
21. Rhinehart, C, Castle Doctrine and Self-Defense (http://www.cga.ct.gov/2007/rpt
/2007-R-0052.htm) Connecticut General Assembly, Office of Legislative
Research.
22. People v. Zukowski, 260 P.3d 339 (Colo. Ct. App. 2011)
23. (February 10, 2014) - "BREAKING NEWS: Gov. Calvo Signs Castle Doctrine
Into Law" (http://www.guampdn.com/article/20140210/NEWS01/140210003
/BREAKING-NEWS-Gov-Calvo-signs-Castle-Doctrine-into-law). Pacific Daily
News. Retrieved February 3, 2015.
24. http://www.arkleg.state.ar.us/assembly/2015/2015R/Acts/Act1073.pdf
25. Physical force justification (http://www.mainelegislature.org/legis/statutes
/17-a/title17-Asec107.html)
26. http://house.state.md.us/2007RS/fnotes/bil_0001/sb0761.pdf
27. "Michigan Legislature - Section 768.21c". legislature.mi.gov. Retrieved
2015-03-04.
28. "State of Minnesota v. Glowacki, 630 N.W.2d 392, 402 (Minn. 2001)".
29. "No. C8-98-86. - STATE v. CAROTHERS MN Court of Appeals".
Caselaw.findlaw.com. Retrieved 2012-01-11.
30. http://web.lexisnexis.com/research/xlink?app=00075&view=full&interface=1&
docinfo=off&searchtype=get&search=Miss.+Code+Ann.+%A7+97-3-15
31. "Senate Bills Status Report of Legislation, SB 184". Retrieved 2008-08-09.
32. Moring, Rosann (March 29, 2012). "150 at rally over death of Florida teen". The
Daily Nonpariel. Retrieved 2012-04-17.
33. LTC. "Nebraska Legislature". nebraskalegislature.gov. Retrieved 2016-04-02.
https://en.wikipedia.org/wiki/Castle_doctrine
34. http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&
Statute=22-16-34
35. Dustin v. Cowdry (1851) 23 Vt. 631, 639-640. Official Vermont Reports, Vol.
23, Pg. 631 (Supreme Court of Vermont reporter). 1851. Retrieved July 27,
2013. "[H]ad the present plaintiff elected to have proceeded under the statute,
there can be no doubt, he might have subjected the defendants to punishment by
way of fine, obtained restitution of the possession, and sustained an action of
trespass, and recovered three fold damages for the expulsion and detention. And
if such be the undeniable rights of the parties, under the statute, it is difficult to
see, why, if the party waive all penalty under the statute, he may not sustain
trespass qu. cl. against the defendants, the same as against any other wrong
doers. Their [defendants'] right to possession gave them no more right to enter in
that manner [by force], than if they had been mere strangers. ..."
36. "Criminal Law Consolidation (Self Defence) Amendment Act 2003" (PDF).
Government of South Australia. Retrieved 27 July 2013.
37. Accused to argue self defence | adelaidenow (http://www.news.com.au
/adelaidenow/story/0,22606,21134744-2682,00.html). News.com.au
(2007-01-28). Retrieved on 2012-08-06.
38. Hopper, Tristan. "Homeowners not required to flee intruders: court". The
National Post. Retrieved 8 August 2014.
39. "CPS Guidance on Self-defence". Retrieved 18 March 2012.
40. "CPS Guidelines on Self-Defence". Retrieved 18 March 2012.
41. "Notwehrparagraph".
42. "BGH, 02.11.2011 - 2 StR 375/11".
43. Cullen, Paul (13 January 2012). "Law lets householders use reasonable force".
The Irish Times.
44. "Law allows 'reasonable force' defending home". RT News. 13 January 2012.
45. http://www.humanrights.ie/index.php/2010/07/20/the-criminal-law-defenceand-the-dwelling-bill-2010/
46. "Knesset Passes "Dromi Law" ". Retrieved 18 March 2012.
47. Stoil, Rebecca Anna (24 June 2008). "New law allows shooting at burglars". The
Jerusalem Post. Retrieved 15 July 2009.
48. Italy approves self-defence law (http://news.bbc.co.uk/2/hi/europe/4645228.stm)
, BBCX, January 24, 2006.
49. [1] (http://www.diritto.it/docs/21686-la-riforma-della-legittima-difesa) Diritto.it,
commentary on the law
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II. Trademarks
Brand names, a synonym for trademarks and service marks, are important
intellectual properties upon which the public learns to rely to identify a source and a
standard of quality of the products or services it purchases. Trademarks and
service marks are words, phrases, designs, sounds or symbols. They are used on
or in association with goods and in association with services to be performed. The
public learns, through purchasing experience, that the goods or services bearing a
mark come from a single (but possibly anonymous) source and will meet an
expectation of a standard of quality that the goods or services sold under the mark
have met in the past. This predictability of a level of quality and reassurance of a
known source provides the owner or user of the mark with the benefit of good will
held by the public for the product or service that he offers. This goodwill is often the
cornerstone of the owner's business.
Trademark rights arise in one of two ways: either by filing a mark with the United
States Patent and Trademark Office based on a bona fide intent to make use of the
mark on a product or in association with a service that will soon be offered to the
public, or by actually using the mark in commerce on a product or in association
with a service.
Under the federal law, an application for registration may be filed based on actual
use of the mark or a bona fide intent to use the mark in commerce. The filing date
of an application with the United States Patent and Trademark Office to register a
trademark or service mark which the applicant intends to use on a product or in
association with a service establishes a date of constructive use of the mark. The
act of filing the application, therefore, through constructive use, can create a
nationwide priority of rights in the mark against any other person who subsequently
adopts the same or a confusingly similar mark. The intent to use the mark must be
a bona fide intention or the application may be invalid and the applicant may be
subject to certain penalties for filing a fraudulent claim of intent. The constructive
use provided by the filing of the application claiming an intent to use the mark is
contingent upon the mark ultimately issuing as a federal registration. The federal
registration will be issued only after the applicant has made actual use of the mark
on the goods or in association with the service that it claims to have intent to use
when the filing takes place. Actual use of the mark must be made within six months
of the time that the Trademark Office issues a notice of allowance of the mark after
the application has been filed, although that period may be extended up to thirty
months in appropriate circumstances. When use is made and the federal
registration issues, the owner's rights in the mark are superior to all who have
adopted the same or a similar mark for the same or a similar product or service
subsequent to the filing date of the owner's application.
Obtaining a federal registration based on the bona fide intent to use the mark or
based on the actual use of the mark provides significant advantages. Among these
advantages are the following:
1. Federal registration confers the benefit of nationwide constructive use and, thus,
a right of priority, over all subsequent users or filers, as of the application filing date.
2. Registration is constructive notice; it prevents acquisition of common law rights
by innocent adoption and use of the same or a similar mark by another.
3. A certificate of registration creates a legal presumption and is sometimes
conclusive evidence of the registrant's right to exclusive use of the mark and the
validity of the mark's registration.
4. Registration permits the use of the " " symbol or other statutory designations of
registration.
5. Goods bearing a mark which infringes on a registered mark may be excluded
from entry into the U.S. by recordation with the U.S. Customs Service.
6. Registration furnishes the basis for foreign registration under a treaty known as
the Paris Convention.
Those who make use of trademarks or service marks without filing for federal
registration can obtain exclusive rights in those marks in the market in which the
marks are used, if the use is prior to the filing date of any federal registrant or any
other user in that market of a confusingly similar mark. This market may be small,
i.e., a town or part of a town, or large, i.e., the entire United States. A wider area,
referred to as the "zone of natural expansion," may also be granted to the prior
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user if it can be shown that there were plans to expand before a junior user entered
the market.
An application for a federal registration of a trademark or service mark filed in the
United States Patent and Trademark Office is examined by government attorneys
to ensure that the mark is not likely, when used on or in connection with the goods
or services of the applicant, to cause confusion, or to cause mistake, or to deceive
the consuming public that the goods or services bearing the mark have the same
source, origin or approval as those sold under a previously registered mark which
has not been abandoned or canceled. The Examiner also makes a determination
that the mark is not inherently incapable of performing the identification function of
a mark because, for example, it is the generic word for the product or service with
which it is used or because it is descriptive of the products or service with which it
is used.
Federal trademark registrations are valid for ten years and can be renewed for like
periods, provided the mark is constantly used. Failure to use a mark can cause the
rights in the mark to be lost. Such abandonment of the mark causes the mark to
lose its significance to the public as an identification of a single source and a
standard of quality.
The use of the registration symbol with a mark indicates that it is federally
registered. The symbol TM is often used with unregistered trademarks to give
notice to the public that the user is staking out a claim in the symbol as a
trademark, but such use is optional. The symbol SM may similarly be used to
designate a unregistered service mark.
Because trademarks and service marks can be licensed, they are a primary basis
for the franchising industry in the United States. The public comes to learn to
expect a certain quality standard from every facility, a fast food restaurant chain for
example, that bears the same name or service mark. As long as the mark's owner
maintains the same quality standards for each of the facilities bearing its name, it
can license the use of the name to many people.
Finally, there are special types of marks known as collective marks or membership
marks which identify organizations and their members and certification marks
which are used to identify the fact that a product or service meets a certain
acceptable standard, e.g., GOOD HOUSEKEEPING SEAL.
Back to TOP
III. Copyrights
Copyright is a statutory property right which grants to creators ( authors ) certain
exclusive rights in their creations for a limited duration. Its purpose, as expressed in
the Constitution, is to promote the Progress of Science and useful Arts by providing
economic incentive for creative activity.
Copyright protects intangible original works of authorship which are fixed in a
tangible medium of expression. Put another way, copyright protects the expression
of ideas, but not the ideas themselves. Copyright protects works such as books,
pictorial, graphic and sculptural works, music, photographs, movies and computer
programs.
Copyright is often described as a bundle of rights, which include the right: (1) to
reproduce the copyrighted work; (2) to make derivative works (such as a movie
from a novel); (3) to distribute copyrighted works to the public; (4) to perform,
publicly, certain works (such as music); and, (5) to display, publicly, certain works
(such as paintings).
Copyright arises upon creation and, under current law, endures for the life of the
author plus 50 years. (The term of copyright for works created before 1978 is 75
years.) Copyright applies to both unpublished and published works.
Registration of a copyrighted work with the Copyright Office in Washington, D.C. is
not required for existence of the copyright; however, it is a prerequisite to a lawsuit
for copyright infringement and to certain legal remedies.
Copyright registration is simple and inexpensive. The registrant (who may be the
author, including an employer or other person for whom a work made for hire was
created, or a person or entity which has acquired the copyright) completes a
printed form provided by the Copyright Office and returns it to the Office with a
small fee and copies of the work. Transfers of copyright ownership (including
exclusive licenses) must be in writing to be valid. The familiar copyright notice is no
longer required on copies of works published after March 1, 1989. However, it is
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https://en.wikipedia.org/wiki/Racketeer_Influenced_and_Corrupt_Organi...
The Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the
RICO Act or simply RICO, is a United States federal law that provides for extended criminal
penalties and a civil cause of action for acts performed as part of an ongoing criminal
organization. The RICO Act focuses specifically on racketeering, and it allows the leaders of a
syndicate to be tried for the crimes which they ordered others to do or assisted them in doing,
closing a perceived loophole that allowed a person who instructed someone else to, for example,
murder, to be exempt from the trial because he did not actually commit the crime personally.[1]
RICO was enacted by section 901(a) of the Organized Crime Control Act of 1970 (Pub.L.
91452 (http://legislink.org/us/pl-91-452), 84 Stat. 922 (http://legislink.org/us/stat-84-922),
enacted October 15, 1970), and is codified at 18 U.S.C. ch. 96 (http://www.law.cornell.edu
/uscode/text/18/part-I/chapter-96) as 18 U.S.C. 1961 (https://www.law.cornell.edu/uscode
/text/18/1961)1968 (https://www.law.cornell.edu/uscode/text/18/1968). G. Robert Blakey, an
adviser to the United States Senate Government Operations Committee, drafted the law under
the close supervision of the committee's chairman, Senator John Little McClellan. It was
enacted as Title IX of the Organized Crime Control Act of 1970, and signed into law by Richard
M. Nixon. While its original use in the 1970s was to prosecute the Mafia as well as others who
were actively engaged in organized crime, its later application has been more widespread.
Long title
Acronyms
(colloquial)
Enacted by
Effective
Public law
91-452 (http://www.gpo.gov/fdsys
/pkg/STATUTE-84/pdf/STATUTE84-Pg922-3.pdf)
Statutes at
Large
Citations
Contents
Summary
State laws
RICO predicate offenses
Application of RICO laws
Famous cases
5.1 Hells Angels Motorcycle Club
5.2 Frank Tieri
5.3 Catholic sex abuse cases
5.4 Gil Dozier
5.5 Key West PD
5.6 Michael Milken
5.7 Major League Baseball
5.8 Pro-life activists
5.9 Los Angeles Police Department
5.10 Mohawk Industries
5.11 Latin Kings
5.12 Gambino crime family
5.13 Lucchese Crime Family
5.14 Chicago Outfit
5.15 Michael Conahan and Mark Ciavarella
5.16 Scott W. Rothstein
5.17 AccessHealthSource
5.18 FIFA
5.19 Drummond Company
6 International equivalents to RICO
7 See also
8 References
9 Further reading
10 External links
OCCA
RICO
Nicknames
Beginning in 1972, 33 States adopted state RICO laws to be able to prosecute similar conduct.
1
2
3
4
5
Codification
Titles
amended
U.S.C.
sections
created
Summary
Under RICO, a person who has committed "at least two acts of racketeering activity" drawn from a list of 35 crimes27 federal crimes and 8 state crimes
within a 10-year period can be charged with racketeering if such acts are related in one of four specified ways to an "enterprise". Those found guilty of
racketeering can be fined up to $25,000 and sentenced to 20 years in prison per racketeering count. In addition, the racketeer must forfeit all ill-gotten gains and
interest in any business gained through a pattern of "racketeering activity."
When the U.S. Attorney decides to indict someone under RICO, he or she has the option of seeking a pre-trial restraining order or injunction to temporarily
seize a defendant's assets and prevent the transfer of potentially forfeitable property, as well as require the defendant to put up a performance bond. This
provision was placed in the law because the owners of Mafia-related shell corporations often absconded with the assets. An injunction and/or performance bond
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State laws
Beginning in 1972, 33 states, as well as Puerto Rico and the US Virgin Islands, adopted state RICO laws to cover additional state offenses under a similar
scheme.[7]
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racketeering, large-scale and organized drug networks are now commonly prosecuted under the Continuing Criminal Enterprise Statute, also known as the
"Kingpin Statute". The CCE laws target only traffickers who are responsible for long-term and elaborate conspiracies; whereas the RICO law covers a variety of
organized criminal behaviors.[8]
Famous cases
Hells Angels Motorcycle Club
In 1979 the United States Federal Government went after Sonny Barger and several members and associates of the Oakland charter of the Hells Angels using
RICO. In United States vs. Barger, the prosecution team attempted to demonstrate a pattern of behavior to convict Barger and other members of the club of
RICO offenses related to guns and illegal drugs. The jury acquitted Barger on the RICO charges with a hung jury on the predicate acts: "There was no proof it
was part of club policy, and as much as they tried, the government could not come up with any incriminating minutes from any of our meetings mentioning
drugs and guns."[9][10]
Frank Tieri
On November 21, 1980, Genovese crime family boss Frank "Funzi" Tieri was the first Mafia boss to be convicted under the RICO Act.
Gil Dozier
Louisiana Commissioner of Agriculture and Forestry Gil Dozier, in office from 1976 to 1980, faced indictment with violations of both the Hobbs and the RICO
laws. He was accused of compelling companies doing business with his department to make campaign contributions on his behalf. On September 23, 1980, the
Baton Rouge-based United States District Court for the Middle District of Louisiana convicted Dozier of five counts of extortion and racketeering. The sentence
of ten years imprisonment, later upgraded to eighteen when other offenses were determined, and a $25,000 fine was suspended pending appeal, and Dozier
remained free on bail.[14] He eventually served nearly four years until a presidential commutation freed him in 1986.[15]
Key West PD
About June 1984 the Key West Police Department located in the County of Monroe, Florida, was declared a criminal enterprise under the federal RICO statutes
after a lengthy United States Department of Justice investigation. Several high-ranking officers of the department, including Deputy Police Chief Raymond
Cassamayor, were arrested on federal charges of running a protection racket for illegal cocaine smugglers.[16] At trial, a witness testified he routinely delivered
bags of cocaine to the Deputy Chief's office at City Hall.[17]
Michael Milken
On 29 March 1989 American financier Michael Milken was indicted on 98 counts of racketeering and fraud relating to an investigation into an allegation of
insider trading and other offenses. Milken was accused of using a wide-ranging network of contacts to manipulate stock and bond prices. It was one of the first
occasions that a RICO indictment was brought against an individual with no ties to organized crime. Milken pleaded guilty to six lesser felonies of securities
fraud and tax evasion rather than risk spending the rest of his life in prison and ended up serving 22 months in prison. Milken was also ordered banned for life
from the securities industry.[18]
On 7 September 1988, Milken's employer, Drexel Burnham Lambert, was threatened with RICO charges respondat superior, the legal doctrine that corporations
are responsible for their employees' crimes. Drexel avoided RICO charges by entering an Alford plea to lesser felonies of stock parking and stock manipulation.
In a carefully worded plea, Drexel said it was "not in a position to dispute the allegations" made by the Government. If Drexel had been indicted under RICO
statutes, it would have had to post a performance bond of up to $1 billion to avoid having its assets frozen. This would have taken precedence over all of the
firm's other obligationsincluding the loans that provided 96 percent of its capital base. If the bond ever had to be paid, its shareholders would have been
practically wiped out. Since banks will not extend credit to a firm indicted under RICO, an indictment would have likely put Drexel out of business.[19] By at
least one estimate, a RICO indictment would have destroyed the firm within a month.[20] Years later, Drexel president and CEO Fred Joseph said that Drexel
had no choice but to plead guilty because "a financial institution cannot survive a RICO indictment."[21]
Pro-life activists
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RICO laws were successfully cited in NOW v. Scheidler, 510 U.S. 249, 114 S. Ct. 798, 127 L.Ed. 2d 99 (1994), a suit in which certain parties, including the
National Organization for Women, sought damages and an injunction against pro-life activists who physically block access to abortion clinics. The Court held
that a RICO enterprise does not need an economic motive, and that the Pro-Life Action Network could therefore qualify as a RICO enterprise. The Court
remanded for consideration of whether PLAN committed the requisite acts in a pattern of racketeering activity.
Mohawk Industries
On April 26, 2006, the Supreme Court heard Mohawk Industries, Inc. v. Williams, No. 05-465 (https://supreme.justia.com/cases/federal/us/547/05-465/), 547
U.S. 516 (https://supreme.justia.com/cases/federal/us/547/516/) (2006), which concerned what sort of corporations fell under the scope of RICO. Mohawk
Industries had allegedly hired illegal aliens, in violation of RICO. The court was asked to decide whether Mohawk Industries, along with recruiting agencies,
constitutes an 'enterprise' that can be prosecuted under RICO, but in June of that year dismissed the case and remanded it to Court of Appeals.[25]
Latin Kings
On August 20, 2006, in Tampa, Florida, most of the state leadership members of the street gang, the Latin Kings, were arrested in connection with RICO
conspiracy charges to engage in racketeering and currently await trial. The operation, called "Broken Crown", targeted statewide leadership of the Latin Kings.
The raid occurred at the Caribbean American Club. Along with Hillsborough County Sheriffs Office, Tampa Police Department, the State Attorneys Office,
the FBI, Immigration and Customs Enforcement, and the federal Bureau of Alcohol, Tobacco and Firearms were involved in the operation. Included in the
arrest were leader Gilberto Santana from Brooklyn NY, Captain Luis Hernandez from Miami FL, Affiliate Celina Hernandez, Affiliate Michael Rocca, Affiliate
Jessica Ramirez, Affiliate Reinaldo Arroyo, Affiliate Samual Alvarado, Omari Tolbert, Edwin DeLeon, and many others, totaling 39.
Chicago Outfit
In 2005, the U.S. Department of Justice's Operation Family Secrets indicted 15 Chicago Outfit (also known as the Outfit, the Chicago Mafia, the Chicago Mob,
or The Organization) members and associates under RICO predicates. Five defendants were convicted of RICO violations and other crimes. Six plead guilty,
two died before trial and one was too sick to be tried.
Scott W. Rothstein
Scott W. Rothstein is a disbarred lawyer and the former managing shareholder, chairman, and chief executive officer of the now-defunct Rothstein Rosenfeldt
Adler law firm. He was accused of funding his philanthropy, political contributions, law firm salaries, and an extravagant lifestyle with a massive 1.2 billion
dollar Ponzi scheme. On December 1, 2009, Rothstein turned himself in to federal authorities and was subsequently arrested on charges related to RICO.[30]
Although his arraignment plea was not guilty, Rothstein cooperated with the government and reversed his plea to guilty of five federal crimes on January 27,
2010. Bond was denied by U.S. Magistrate Judge Robin Rosenbaum, who ruled that due to his ability to forge documents, he was considered a flight risk.[31]
On June 9, 2010, Rothstein received a 50-year prison sentence after a hearing in federal court in Fort Lauderdale.[32]
AccessHealthSource
Eleven defendants were indicted on RICO charges for allegedly assisting AccessHealthSource, a local health care provider, in obtaining and maintaining
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lucrative contracts with local and state government entities in the city of El Paso, Texas, through bribery of and kickbacks to elected officials or himself and
others, extortion under color of authority, fraudulent schemes and artifices, false pretenses, promises and representations and deprivation of the right of citizens
to the honest services of their elected local officials (see indictment).[33]
FIFA
Fourteen defendants affiliated with FIFA were indicted under the RICO act on 47 counts for "racketeering, wire fraud and money laundering conspiracies,
among other offenses, in connection with the defendants participation in a 24-year scheme to enrich themselves through the corruption of international soccer."
The defendants include many current and former high-ranking officers of FIFA and its affiliate CONCACAF. The defendants had allegedly used the enterprise
as a front to collect millions of dollars in bribes which may have influenced Russia and Qatar's winning bids to host the 2018 and 2022 FIFA World Cups
respectively.[34]
Drummond Company
In 2015, the Drummond Company sued attorneys Terrence P. Collingsworth and William R. Scherer, the advocacy group International Rights Advocates
(IRAdvocates), and Dutch businessman Albert van Bilderbeek, one of the owners of Llanos Oil, accusing them of violating RICO by alleging that Drummond
had worked alongside Autodefensas Unidas de Colombia to murder labor union leaders within proximity of their Colombian coal mines, which Drummond
denies.[35]
See also
Continuing Criminal Enterprise
Patriot Act
Criminal Tribes Act
References
1. 18 U.S. Code 1962(c); see also Criminal RICO Prosecutors Manual
(http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/rico.pdf),
elaborating that "A Defendant May Be Liable for a RICO Conspiracy Offense
Even if the Defendant Did Not Participate In the Operation or Management of
the Enterprise"
2. Sanders, Alain; Painton, Priscilla (August 21, 1989). "Law: Showdown At
Gucci". Time. Retrieved September 30, 2009.
3. Olsen,, William P. The Anti-Corruption Handbook: How to Protect Your
Business in the Global Marketplace. Hoboken, NJ: Wiley.
4. 18 USC 1962.
5. "As the Supreme Court noted in National Organization for Women, Inc. v.
Scheidler, 510 U.S. 249, 259 n.5 (1994), one commentator has used "the terms
'prize,' 'instrument,' 'victim,' and 'perpetrator' to describe the four separate roles
the enterprise may play in 1962." (citing G. Robert Blakey, The RICO Civil
Fraud Action in Context: Reflections on Bennett v. Berg, 58 Notre Dame L. Rev.
237, 307-25 (1982). See page 32 of RICO State by State: A Guide to Litigation
under the State Racketeering Statutes, John E. Floyd, Section of Antitrust Law,
American Bar Association, Library of Congress Catalog Card Number
97-70903, ISBN 1-57073-396-1
6. Van Over, Gil. "Can You Be Subject to a RICO Claim?". Dealer Magazine.
Archived from the original on October 14, 2008. Retrieved September 30, 2009.
7. Solo, Small Firm and General Practice Division. "Introduction: RICO State by
State: A Guide to Litigation Under the State Racketeering Statutes, Second
Edition". American Bar Association. Retrieved February 15, 2014.
8. Carlson, K (1993). "Prosecuting Criminal Enterprises". National Criminal
Justice Reference Series (United States: Bureau of Justice Statistics Special
Report): 12. Retrieved December 28, 2009.
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22. Chass, Murray (July 17, 2002). "Baseball: A Group's Racketeering Suit Brings
Baseball to Full Bristle". The New York Times. Retrieved September 30, 2009.
23. "Ruling clears way for move to D.C.". ESPN.com. Associated Press. January 15,
2004. Retrieved September 30, 2009.
24. Weinstein, Henry (July 13, 2001). "Use of RICO Law in Rampart Cases
Weakened". Los Angeles Times. Retrieved November 6, 2013.
25. "Mohawk Industries, Inc. v. Williams, Shirley, et al." (PDF). Supreme Court of
the United States. Retrieved May 27, 2008.
26. Volkman, Ernest (1998). Gangbusters: The Destruction of America's Last Mafia
Dynasty. 53 Shore Road, Winchester, MA 01890: Faber and Faber, Inc.
ISBN 0-571-19942-9.
27. "Indictment: United States v. Conahan and Ciavarella" (PDF). September 9,
2009. Retrieved September 12, 2009.
28. Morgan-Besecker, Terrie (September 10, 2009). "Ex-judges hit with 48 counts".
Times Leader. Retrieved September 11, 2009.
29. "Jury finds Ciavarella guilty on first of 39 counts". Times Leader. February 18,
2011. Retrieved February 18, 2011.
30. "Scott Rothstein Charging Document". Scribd.com. Retrieved April 24, 2012.
31. http://www.sun-sentinel.com/media/acrobat/2009-12/50820067.pdf
32. Weaver, Jay (June 9, 2010). "Ponzi schemer Scott Rothstein gets 50-year
sentence". Miami Herald. Retrieved June 10, 2010.
33. Bracamontes, Ramon. "Public corruption: Feds allege bribery, kickbacks". El
Paso Times. Retrieved April 24, 2012.
34. "Nine FIFA Officials and Five Corporate Executives Indicted for Racketeering
Conspiracy and Corruption". United States Department of Justice. May 27,
2015. Retrieved May 27, 2015.
35. Kent Faulk, Drummond sues those claiming coal company involved in
Colombian deaths (http://www.al.com/news/birmingham/index.ssf/2015/04
/drummond_sues_those_claiming_c.html), The Birmingham News, April 8, 2015
36. Ley Federal contra la Delincuencia Organizada, 28 October 1996 (in Spanish)
37. Ley de Extincin de Dominio, 30 April 2009 (in Spanish)
Further reading
Criminal RICO: 18 U.S.C. 1961-1968: A Manual for Federal Prosecutors. Washington, D.C.: U.S. Dept. of Justice, Criminal Division, Organized Crime
and Racketeering Section, [2009].
United States. Congress. House. Committee on the Judiciary. Subcommittee No. 5. Organized Crime Control. Hearings ... Ninety-first Congress, Second
Session on S.30, and Related Proposals, Relating to the Control of Organized Crime in the U.S. [held] May 20, 21, 27; June 10, 11, 17; July 23, and
August 5, 1970. Washington, D.C.: U.S. Government Printing Office, 1970.
External links
RICO Act from Cornell University's U. S. Code database (http://www.law.cornell.edu/uscode/html/uscode18/usc_sup_01_18_10_I_20_96.html)
Retrieved from "https://en.wikipedia.org/w/index.php?title=Racketeer_Influenced_and_Corrupt_Organizations_Act&oldid=729973240"
Categories: Racketeer Influenced and Corrupt Organizations Act 1970 in law 91st United States Congress Organized crime terminology
United States federal criminal legislation American Mafia events Inchoate offenses United States federal public corruption crime
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https://en.wikipedia.org/wiki/United_States_Bill_of_Rights
The Bill of Rights is the collective name for the first ten amendments to the United States Constitution.
Proposed following the oftentimes bitter 178788 battle over ratification of the U.S. Constitution, and crafted
to address the objections raised by Anti-Federalists, the Bill of Rights amendments add to the Constitution
specific guarantees of personal freedoms and rights, clear limitations on the government's power in judicial
and other proceedings, and explicit declarations that all powers not specifically delegated to Congress by the
Constitution are reserved for the states or the people. The concepts codified in these amendments are built
upon those found in several earlier documents, including the Virginia Declaration of Rights and the English
Bill of Rights 1689, along with earlier documents such as Magna Carta (1215).
On June 8, 1789, Representative James Madison introduced nine amendments to the constitution in the House
of Representatives.[1] Among his recommendations Madison proposed opening up the Constitution and
inserting specific rights limiting the power of Congress in Article One, Section 9. Seven of these limitations
would become part of the ten ratified Bill of Rights amendments. Ultimately, on September 25, 1789,
Congress approved twelve articles of amendment to the Constitution and submitted them to the states for
ratification. Contrary to Madison's original proposal that the articles be incorporated into the main body of the
Constitution, they were proposed as supplemental additions (codicils) to it. Articles Three through Twelve
were ratified as additions to the Constitution on December 15, 1791, and became Amendments One through
Ten of the Constitution. Article Two became part of the Constitution on May 7, 1992, as the Twenty-seventh
Amendment.[2] Article One is technically still pending before the states.
Ratified
Location
National Archives
Author(s)
James Madison
Although Madison's proposed amendments included a provision to extend the protection of some of the Bill
of Rights to the states, the amendments that were finally submitted for ratification applied only to the federal
government. The door for their application upon state governments was opened in the 1860s, following ratification of the Fourteenth Amendment. Since the
early 20th century both federal and state courts have used the Fourteenth Amendment to apply portions of the Bill of Rights to state and local governments. The
process is known as incorporation.[3]
There are several original engrossed copies of the Bill of Rights still in existence. One of these is on permanent public display at the National Archives in
Washington, D.C.
Contents
1 Background
1.1 The Philadelphia Convention
1.2 The Anti-Federalists
1.3 The Federalists
1.4 Massachusetts compromise
2 Proposal and ratification
2.1 Anticipating amendments
2.2 Crafting amendments
2.3 Ratification process
3 Application
3.1 First Amendment
3.2 Second Amendment
3.3 Third Amendment
3.4 Fourth Amendment
3.5 Fifth Amendment
3.6 Sixth Amendment
3.7 Seventh Amendment
3.8 Eighth Amendment
3.9 Ninth Amendment
3.10 Tenth Amendment
4 Display and honoring of the Bill of Rights
5 See also
6 References
7 Further reading
8 External links
Background
The Philadelphia Convention
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Prior to the ratification and implementation of the United States Constitution, the thirteen sovereign states followed the Articles of Confederation, created by the
Second Continental Congress and ratified in 1781. However, the national government that operated under the Articles of Confederation was too weak to
adequately regulate the various conflicts that arose between the states.[4] The Philadelphia Convention set out to correct weaknesses of the Articles that had
been apparent even before the American Revolutionary War had been successfully concluded.[4]
The convention took place from May 14 to September 17, 1787, in Philadelphia, Pennsylvania. Although the Convention was purportedly intended only to
revise the Articles, the intention of many of its proponents, chief among them James Madison of Virginia and Alexander Hamilton of New York, was to create a
new government rather than fix the existing one. The convention convened in the Pennsylvania State House, and George Washington of Virginia was
unanimously elected as president of the convention.[5] The 55 delegates who drafted the Constitution are among the men known as the Founding Fathers of the
new nation. Thomas Jefferson, who was Minister to France during the convention, characterized the delegates as an assembly of "demi-gods."[4] Rhode Island
refused to send delegates to the convention.[6]
On September 12, George Mason of Virginia suggested the addition of a Bill of Rights to the Constitution modeled on previous state declarations, and Elbridge
Gerry of Massachusetts made it a formal motion.[7] However, the motion was defeated by a unanimous vote of the state delegations after only a brief discussion.
Madison, then an opponent of a Bill of Rights, later explained the vote by calling the state bills of rights "parchment barriers" that offered only an illusion of
protection against tyranny.[8] Another delegate, James Wilson of Pennsylvania, later argued that the act of enumerating the rights of the people would have been
dangerous, because it would imply that rights not explicitly mentioned did not exist;[8] Hamilton echoed this point in Federalist No. 84.[9] Because Mason and
Gerry had emerged as opponents of the proposed new Constitution, their motionintroduced five days before the end of the conventionmay also have been
seen by other delegates as a delaying tactic.[10] The quick rejection of this motion, however, later endangered the entire ratification process. Author David O.
Stewart calls the omission of a Bill of Rights in the original Constitution as "a political blunder of the first magnitude"[10] while historian Jack N. Rakove calls
it "the one serious miscalculation the framers made as they looked ahead to the struggle over ratification".[11]
Thirty-nine delegates signed the finalized Constitution. Thirteen delegates left before it was completed, and three who remained at the convention until the end
refused to sign it: Mason, Gerry, and Edmund Randolph of Virginia.[12] Afterward, the Constitution was presented to the Articles of Confederation Congress
with the request that it afterwards be submitted to a convention of delegates, chosen in each State by the people, for their assent and ratification.[13]
The Anti-Federalists
Following the Philadelphia Convention, some leading revolutionary figures such as Patrick Henry, Samuel Adams, and
Richard Henry Lee publicly opposed the new frame of government, a position known as "Anti-Federalism".[14] Elbridge
Gerry wrote the most popular Anti-Federalist tract, "Hon. Mr. Gerry's Objections", which went through 46 printings; the
essay particularly focused on the lack of a bill of rights in the proposed constitution.[15] Many were concerned that a
strong national government was a threat to individual rights and that the president would become a king. Jefferson wrote
to Madison advocating a Bill of Rights: "Half a loaf is better than no bread. If we cannot secure all our rights, let us
secure what we can."[16] The pseudonymous Anti-Federalist "Brutus"[a] wrote,
We find they have, in the ninth section of the first article declared, that the writ of habeas corpus shall not be
suspended, unless in cases of rebellion that no bill of attainder, or ex post facto law, shall be passed
that no title of nobility shall be granted by the United States, etc. If every thing which is not given is
reserved, what propriety is there in these exceptions? Does this Constitution any where grant the power of
suspending the habeas corpus, to make ex post facto laws, pass bills of attainder, or grant titles of nobility?
It certainly does not in express terms. The only answer that can be given is, that these are implied in the
general powers granted. With equal truth it may be said, that all the powers which the bills of rights guard
against the abuse of, are contained or implied in the general ones granted by this Constitution.[18]
The Federalists
Supporters of the Constitution, known as Federalists, opposed a bill of rights for much of the ratification period, in part due to the procedural uncertainties it
would create.[20] Madison argued against such an inclusion, suggesting that state governments were sufficient guarantors of personal liberty, in No. 46 of The
Federalist Papers, a series of essays promoting the Federalist position.[21] Hamilton opposed a bill of rights in The Federalist No. 84, stating that "the
constitution is itself in every rational sense, and to every useful purpose, a bill of rights. He stated that ratification did not mean the American people were
surrendering their rights, making protections unnecessary: "Here, in strictness, the people surrender nothing, and as they retain everything, they have no need of
particular reservations." Patrick Henry criticized the federalist point of view, writing that the legislature must be firmly informed "of the extent of the rights
retained by the people ... being in a state of uncertainty, they will assume rather than give up powers by implication."[22] Other anti-federalists pointed out that
earlier earlier political documents, in particular the Magna Carta had protected specific rights. In response, Hamilton argued that the Constitution was inherently
different:
Bills of rights are in their origin, stipulations between kings and their subjects, abridgments of prerogative in favor of privilege, reservations of
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rights not surrendered to the prince. Such was the Magna Charta, obtained by the Barons, swords in hand, from King John.[23]
Massachusetts compromise
In December 1787 and January 1788, five statesDelaware, Pennsylvania, New Jersey, Georgia, and Connecticut
ratified the Constitution with relative ease, though the bitter minority report of the Pennsylvania opposition was
widely circulated.[24] In contrast to its predecessors, the Massachusetts convention was angry and contentious, at one
point erupting into a fistfight between Federalist delegate Francis Dana and Anti-Federalist Elbridge Gerry when the
latter was not allowed to speak.[25] The impasse was resolved only when revolutionary heroes and leading
Anti-Federalists Samuel Adams and John Hancock agreed to ratification on the condition that the convention also
propose amendments.[26] The convention's proposed amendments included a requirement for grand jury indictment in
capital cases, which would form part of the Fifth Amendment, and an amendment reserving powers to the states not
expressly given to the federal government, which would later form the basis for the Tenth Amendment.[27]
Following Massachusetts' lead, the Federalist minorities in both Virginia and New York were able to obtain ratification
in convention by linking ratification to recommended amendments.[28] A committee of the Virginia convention headed
by law professor George Wythe forwarded forty recommended amendments to Congress, twenty of which enumerated
individual rights and another twenty of which enumerated states' rights.[29] The latter amendments included limitations
on federal powers to levy taxes and regulate trade.[30]
A minority of the Constitution's critics, such as Maryland's Luther Martin, continued to oppose ratification.[31] However,
Martin's allies, such as New York's John Lansing, Jr., dropped moves to obstruct the Convention's process. They began
to take exception to the Constitution "as it was," seeking amendments. Several conventions saw supporters for
"amendments before" shift to a position of "amendments after" for the sake of staying in the Union. The New York
Anti-Federalist "circular letter" was sent to each state legislature proposing a second constitutional convention for
"amendments before", but it failed in the state legislatures. Ultimately, only North Carolina and Rhode Island waited for
amendments from Congress before ratifying.[28]
Article Seven of the proposed Constitution set the terms by which the new frame of government would be established.
The new Constitution would become operational only when ratified by at least nine states (three-quarters of the thirteen
states), and would only be established between the states ratifying it.
The new Constitution would be inoperative unless ratified by at least nine states (three-quarters of the thirteen states).
Only then would it replace the existing government under the Articles of Confederation. It would apply only to those states that ratified it, and it would be valid
for all states joining after. Following contentious battles in several states, the proposed Constitution reached that nine state ratification plateau in June 1788. On
September 13, 1788, the Articles of Confederation Congress certified that the new Constitution had been ratified by more than enough states for the new system
to be implemented and directed the new government to meet in New York City on the first Wednesday in March the following year.[32] On March 4, 1789, the
new frame of government came into force with eleven of the thirteen states participating.
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whilst you carefully avoid every alteration which might endanger the benefits of an united and effective government, or which ought to await the
future lessons of experience; a reverence for the characteristic rights of freemen, and a regard for public harmony, will sufficiently influence your
deliberations on the question, how far the former can be impregnably fortified or the latter be safely and advantageously promoted.[40][41]
Crafting amendments
James Madison introduced a series of Constitutional amendments in the House of Representatives for consideration. Among his proposals was one that would
have added introductory language stressing natural rights to the preamble.[42] Another would apply parts of the Bill of Rights to the states as well as the federal
government. Several sought to protect individual personal rights by limiting various Constitutional powers of Congress. Like Washington, Madison urged
Congress to keep the revision to the Constitution "a moderate one", limited to protecting individual rights.[42]
Madison was deeply read in the history of government and used a range of sources in composing the amendments. The English Magna Carta of 1215 inspired
the right to petition and to trial by jury, for example, while the English Bill of Rights of 1689 provided an early precedent for the right to keep and bear arms
(although this applied only to Protestants) and prohibited cruel and unusual punishment.[30]
The greatest influence on Madison's text, however, was existing state constitutions.[43][44] Many of his amendments, including his proposed new preamble, were
based on the Virginia Declaration of Rights drafted by Anti-Federalist George Mason in 1776.[45] To reduce future opposition to ratification, Madison also
looked for recommendations shared by many states.[44] He did provide one, however, that no state had requested: "No state shall violate the equal rights of
conscience, or the freedom of the press, or the trial by jury in criminal cases."[46] He did not include an amendment that every state had asked for, one that
would have made tax assessments voluntary instead of contributions.[47]
James Madison's proposed amendments to the Constitution:[48]
First. That there be prefixed to the constitution a declaration that all power is originally vested in, and consequently derived from the people.
That government is instituted, and ought to be exercised for the benefit of the people; which consists in the enjoyment of life and liberty, with the
right of acquiring and using property, and generally of pursuing and obtaining happiness and safety.
That the people have an indubitable, unalienable, and indefeasible right to reform or change their government, whenever it be found adverse or
inadequate to the purposes of its institution.
Secondly. That in article 1st, section 2, clause 3, these words be struck out, to wit: "The number of Representatives shall not exceed one for every
thirty thousand, but each State shall have at least one Representative, and until such enumeration shall be made;" and in place thereof be inserted
these words, to wit: "After the first actual enumeration, there shall be one Representative for every thirty thousand, until the number amounts to,
after which the proportion shall be so regulated by Congress, that the number shall never be less than, nor more than, but each State shall, after
the first enumeration, have at least two Representatives; and prior thereto."
Thirdly. That in article 2nd, section 6, clause 1, there be added to the end of the first sentence, these words, to wit, "But no law varying the
compensation last ascertained shall operate before the next ensuing election of representatives."
Fourthly. That in article 2nd, section 9, between clauses 3 and 4, be inserted these clauses, to wit, The civil rights of none shall be abridged on
account of religious belief or worship, nor shall any national religion be established, nor shall the full and equal rights of conscience by in any
manner, or on any pretext infringed.
The people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments; and the freedom of the press, as one of
the great bulwarks of liberty, shall be inviolable.
The people shall not be restrained from peaceably assembling and consulting for their common good, nor from applying to the legislature by
petitions, or remonstrances for redress of their grievances.
The right of the people to keep and bear arms shall not be infringed; a well armed, and well regulated militia being the best security of a free
country: but no person religiously scrupulous of bearing arms, shall be compelled to render military service in person.
No soldier shall in time of peace be quartered in any house without the consent of the owner; nor at any time, but in a manner warranted by law.
No person shall be subject, except in cases of impeachment, to more than one punishment, or one trial for the same office; nor shall be compelled to
be a witness against himself; nor be deprived of life, liberty, or property without due process of law; nor be obliged to relinquish his property, where
it may be necessary for public use, without a just compensation.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
The rights of the people to be secured in their persons, their houses, their papers, and their other property from all unreasonable searches and
seizures, shall not be violated by warrants issued without probable cause, supported by oath or affirmation, or not particularly describing the places
to be searched, or the persons or things to be seized.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, to be informed of the cause and nature of the accusation,
to be confronted with his accusers, and the witnesses against him; to have a compulsory process for obtaining witnesses in his favor; and to have
the assistance of counsel for his defense.
The exceptions here or elsewhere in the constitution, made in favor of particular rights, shall not be so construed as to diminish the just importance
of other rights retained by the people; or as to enlarge the powers delegated by the constitution; but either as actual limitations of such powers, or as
inserted merely for greater caution.
Fifthly. That in article 2nd, section 10, between clauses 1 and 2, be inserted this clause, to wit: No state shall violate the equal rights of conscience,
or the freedom of the press, or the trial by jury in criminal cases
Sixthly. That article 3rd, section 2, be annexed to the end of clause 2nd, these words to wit: but no appeal to such court shall be allowed where the
value in controversy shall not amount to dollars: nor shall any fact triable by jury, according to the course of common law, be otherwise
re-examinable than may consist with the principles of common law.
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Seventhly. That in article 3rd, section 2, the third clause be struck out, and in its place be inserted the classes following, to wit:
The trial of all crimes (except in cases of impeachments, and cases arising in the land or naval forces, or the militia when on actual service in time
of war or public danger) shall be by an impartial jury of freeholders of the vicinage, with the requisite of unanimity for conviction, of the right of
challenge, and other accustomed requisites; and in all crimes punishable with loss of life or member, presentment or indictment by a grand jury
shall be an essential preliminary, provided that in cases of crimes committed within any county which may be in possession of an enemy, or in
which a general insurrection may prevail, the trial may by law be authorized in some other county of the same State, as near as may be to the seat of
the offence.
In cases of crimes committed not within any county, the trial may by law be in such county as the laws shall have prescribed. In suits at common
law, between man and man, the trial by jury, as one of the best securities to the rights of the people, ought to remain inviolate.
Eighthly. That immediately after article 6th, be inserted, as article 7th, the clauses following, to wit:
The powers delegated by this constitution, are appropriated to the departments to which they are respectively distributed: so that the legislative
department shall never exercise the powers vested in the executive or judicial; nor the executive exercise the powers vested in the legislative or
judicial; nor the judicial exercise the powers vested in the legislative or executive departments.
The powers not delegated by this constitution, nor prohibited by it to the states, are reserved to the States respectively.
Ninthly. That article 7th, be numbered as article 8th.
Federalist representatives were quick to attack Madison's proposal, fearing that any move to amend the new Constitution so soon after its implementation would
create an appearance of instability in the government.[49] The House, unlike the Senate, was open to the public, and members such as Fisher Ames warned that a
prolonged "dissection of the constitution" before the galleries could shake public confidence.[50] A procedural battle followed, and after initially forwarding the
amendments to a select committee for revision, the House agreed to take Madison's proposal up as a full body beginning on July 21, 1789.[51][52]
The eleven-member committee made some significant changes to Madison's nine proposed amendments, including eliminating most of his preamble, adding the
phrase "freedom of speech, and of the press", and adding what would become the Tenth Amendment, reserving powers to the states.[53] The House debated the
amendments for eleven days. Roger Sherman of Connecticut persuaded the House to place the amendments at the Constitution's end so that the document would
"remain inviolate", rather than adding them throughout, as Madison had proposed.[54][55] The amendments, revised and condensed from twenty to seventeen,
were approved and forwarded to the Senate on August 24, 1789.[56]
The Senate edited these amendments still further, making 26 changes of its own. Madison's proposal to apply parts of the Bill of Rights to the states as well as
the federal government was eliminated, and the seventeen amendments were condensed to twelve, which were approved on September 9, 1789.[57] The Senate
also eliminated the last of Madison's proposed changes to the preamble.[58]
On September 21, 1789, a HouseSenate Conference Committee convened to resolve the numerous differences between the two Bill of Rights proposals. On
September 24, 1789, the committee issued this report, which finalized 12 Constitutional Amendments for House and Senate to consider. This final version was
approved by joint resolution of Congress on September 25, 1789, to be forwarded to the states on September 28.[59][60]
By the time the debates and legislative maneuvering that went into crafting the Bill of Rights amendments was done, many personal opinions had shifted. A
number of Federalists came out in support, thus silencing the Anti-Federalists' most effective critique. Many Anti-Federalists, in contrast, were now opposed,
realizing that Congressional approval of these amendments would greatly lessen the chances of a second constitutional convention.[61] Anti-Federalists such as
Richard Henry Lee also argued that the Bill left the most objectionable portions of the Constitution, such as the federal judiciary and direct taxation, intact.[62]
Madison remained active in the progress of the amendments throughout the legislative process. Historian Gordon S. Wood writes that "there is no question that
it was Madison's personal prestige and his dogged persistence that saw the amendments through the Congress. There might have been a federal Constitution
without Madison but certainly no Bill of Rights."[63][64]
Approval of the Bill of Rights in Congress and the States[65]
Seventeen Articles
Approved by the House
August 24, 1789
Twelve Articles
Approved by the Senate
September 9, 1789
Twelve Articles
Approved by Congress
September 25, 1789
First Article:
After the first enumeration,
required by the first Article
of the Constitution, there
shall be one Representative
for every thirty thousand,
until the number shall
amount to one hundred,
after which the proportion
shall be so regulated by
Congress, that there shall be
not less than one hundred
Representatives, nor less
than one Representative for
First Article:
After the first enumeration,
required by the first article
of the Constitution, there
shall be one Representative
for every thirty thousand,
until the number shall
amount to one hundred; to
which number one
Representative shall be
added for every subsequent
increase of forty thousand,
until the Representatives
shall amount to two
First Article:
After the first enumeration
required by the first article
of the Constitution, there
shall be one Representative
for every thirty thousand,
until the number shall
amount to one hundred,
after which the proportion
shall be so regulated by
Congress, that there shall be
not less than one hundred
Representatives, nor less
than one Representative for
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Second Article:
No law varying the
compensation to the
members of Congress, shall
take effect, until an election
of Representatives shall
have intervened.
Second Article:
No law, varying the
compensation for the
services of the Senators and
Representatives, shall take
effect, until an election of
Representatives shall have
intervened.
Second Article:
No law, varying the
compensation for the
services of the Senators and
Representatives, shall take
effect, until an election of
Representatives shall have
intervened.
Ratified:
May 7, 1992
Twenty-seventh
Amendment
Third Article:
Congress shall make no law
establishing religion or
prohibiting the free exercise
thereof, nor shall the rights
of Conscience be infringed.
Third Article:
Congress shall make no law
respecting an establishment
of religion, or prohibiting
the free exercise thereof; or
abridging the freedom of
speech, or of the press; or
the right of the people
peaceably to assemble, and
to petition the Government
for a redress of grievances.
Third Article:
Congress shall make no law
respecting an establishment
of religion, or prohibiting
the free exercise thereof; or
abridging the freedom of
speech, or of the press; or
the right of the people
peaceably to assemble, and
to petition the Government
for a redress of grievances.
Ratified:
December 15,
1791
First Amendment
Fourth Article:
The Freedom of Speech,
and of the Press, and the
right of the People
peaceably to assemble, and
consult for their common
good, and to apply to the
Government for a redress of
grievances, shall not be
infringed.
Fifth Article:
A well regulated militia,
composed of the body of the
People, being the best
security of a free State, the
right of the People to keep
and bear arms, shall not be
infringed, but no one
religiously scrupulous of
bearing arms, shall be
compelled to render military
service in person.
Fourth Article:
A well regulated Militia,
being necessary to the
security of a free State, the
right of the people to keep
and bear Arms, shall not be
infringed.
Fourth Article:
A well regulated Militia,
being necessary to the
security of a free State, the
right of the people to keep
and bear Arms, shall not be
infringed.
Ratified:
December 15,
1791
Second
Amendment
Sixth Article:
No soldier shall, in time of
peace, be quartered in any
house without the consent
of the owner, nor in time of
Fifth Article:
No soldier shall, in time of
peace, be quartered in any
house without the consent
of the owner, nor in time of
Fifth Article:
No soldier shall, in time of
peace, be quartered in any
house without the consent
of the owner, nor in time of
Ratified:
December 15,
1791
Third Amendment
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Seventh Article:
The right of the People to
be secure in their persons,
houses, papers and effects,
against unreasonable
searches and seizures, shall
not be violated, and no
warrants shall issue, but
upon probable cause
supported by oath or
affirmation, and particularly
describing the place to be
searched, and the persons or
things to be seized.
Sixth Article:
The right of the People to
be secure in their persons,
houses, papers and effects,
against unreasonable
searches and seizures, shall
not be violated, and no
warrants shall issue, but
upon probable cause
supported by oath or
affirmation, and particularly
describing the place to be
searched, and the persons or
things to be seized.
Sixth Article:
The right of the People to
be secure in their persons,
houses, papers and effects,
against unreasonable
searches and seizures, shall
not be violated, and no
warrants shall issue, but
upon probable cause
supported by oath or
affirmation, and particularly
describing the place to be
searched, and the persons or
things to be seized.
Ratified:
December 15,
1791
Fourth
Amendment
Eighth Article:
No person shall be subject,
except in case of
impeachment, to more than
one trial, or one punishment
for the same offense, nor
shall be compelled in any
criminal case, to be a
witness against himself, nor
be deprived of life, liberty
or property, without due
process of law; nor shall
private property be taken
for public use without just
compensation.
Seventh Article:
No person shall be held to
answer for a capital, or
otherwise infamous crime,
unless on a presentment or
indictment of a Grand Jury,
except in cases arising in
the land or naval forces, or
in the militia, when in
actual service in time of war
or public danger; nor shall
any person be subject for
the same offence to be twice
put in jeopardy of life or
limb; nor shall be
compelled in any criminal
case, to be a witnesses
against himself, nor be
deprived of life, liberty or
property, without due
process of law; nor shall
private property be taken
for public use without just
compensation.
Seventh Article:
No person shall be held to
answer for a capital, or
otherwise infamous crime,
unless on a presentment or
indictment of a Grand Jury,
except in cases arising in
the land or naval forces, or
in the Militia, when in
actual service in time of
War or public danger; nor
shall any person be subject
for the same offence to be
twice put in jeopardy of life
or limb; nor shall be
compelled in any criminal
case to be a witness against
himself, nor be deprived of
life, liberty, or property,
without due process of law;
nor shall private property be
taken for public use,
without just compensation.
Ratified:
December 15,
1791
Fifth Amendment
Ninth Article:
In all criminal prosecutions,
the accused shall enjoy the
right to a speedy and public
trial, to be informed of the
nature and cause of the
accusation, to be confronted
with the witnesses against
him, to have compulsory
process for obtaining
witnesses in his favor, and
to have the assistance of
counsel for his defence.
Eighth Article:
In all criminal prosecutions,
the accused shall enjoy the
right to a speedy and public
trial, to be informed of the
nature and cause of the
accusation, to be confronted
with the witnesses against
him, to have compulsory
process for obtaining
witnesses in his favour, and
to have the assistance of
counsel for his defence.
Eighth Article:
In all criminal prosecutions,
the accused shall enjoy the
right to a speedy and public
trial, by an impartial jury of
the State and district
wherein the crime shall
have been committed,
which district shall have
been previously ascertained
by law, and to be informed
of the nature and cause of
the accusation; to be
confronted with the
witnesses against him; to
have compulsory process
for obtaining witnesses in
his favor, and to have the
Assistance of Counsel for
his defence.
Ratified:
December 15,
1791
Sixth Amendment
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Tenth Article:
The trial of all crimes
(except in cases of
impeachment, and in cases
arising in the land or naval
forces, or in the militia
when in actual service in
time of War or public
danger) shall be by an
Impartial Jury of the
Vicinage, with the requisite
of unanimity for conviction,
the right of challenge, and
other accostomed [sic]
requisites; and no person
shall be held to answer for a
capital, or otherways [sic]
infamous crime, unless on a
presentment or indictment
by a Grand Jury; but if a
crime be committed in a
place in the possession of an
enemy, or in which an
insurrection may prevail,
the indictment and trial may
by law be authorised in
some other place within the
same State.
Eleventh Article:
No appeal to the Supreme
Court of the United States,
shall be allowed, where the
value in controversy shall
not amount to one thousand
dollars, nor shall any fact,
triable by a Jury according
to the course of the common
law, be otherwise
re-examinable, than
according to the rules of
common law.
Ninth Article:
In suits at common law,
where the value in
controversy shall exceed
twenty dollars, the right of
trial by Jury shall be
preserved, and no fact, tried
by a Jury, shall be otherwise
re-examined in any court of
the United States, than
according to the rules of the
common law.
Twelfth Article:
In suits at common law, the
right of trial by Jury shall be
preserved.
Thirteenth Article:
Excessive bail shall not be
required, nor excessive
fines imposed, nor cruel and
unusual punishments
inflicted.
Tenth Article:
Excessive bail shall not be
required, nor excessive
fines imposed, nor cruel and
unusual punishments
inflicted.
https://en.wikipedia.org/wiki/United_States_Bill_of_Rights
Ninth Article:
In suits at common law,
where the value in
controversy shall exceed
twenty dollars, the right of
trial by Jury shall be
preserved, and no fact, tried
by a Jury, shall be otherwise
re-examined in any court of
the United States, than
according to the rules of the
common law.
Ratified:
December 15,
1791
Seventh
Amendment
Tenth Article:
Excessive bail shall not be
required, nor excessive
fines imposed, nor cruel and
unusual punishments
inflicted.
Ratified:
December 15,
1791
Eighth
Amendment
Fourteenth Article:
No State shall infringe the
right of trial by Jury in
criminal cases, nor the
rights of conscience, nor the
freedom of speech, or of the
press.
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Fifteenth Article:
The enumeration in the
Constitution of certain
rights, shall not be
construed to deny or
disparage others retained by
the people.
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Eleventh Article:
The enumeration in the
Constitution, of certain
rights, shall not be
construed to deny or
disparage others retained by
the people.
Eleventh Article:
The enumeration in the
Constitution, of certain
rights, shall not be
construed to deny or
disparage others retained by
the people.
Ratified:
December 15,
1791
Ninth Amendment
Twelfth Article:
The powers not delegated to
the United States by the
Constitution, nor prohibited
by it to the States, are
reserved to the States
respectively, or to the
people.
Twelfth Article:
The powers not delegated to
the United States by the
Constitution, nor prohibited
by it to the States, are
reserved to the States
respectively, or to the
people.
Ratified:
December 15,
1791
Tenth Amendment
Sixteenth Article:
The powers delegated by
the Constitution to the
government of the United
States, shall be exercised as
therein appropriated, so that
the Legislative shall never
exercise the powers vested
in the Executive or Judicial;
nor the Executive the
powers vested in the
Legislative or Judicial; nor
the Judicial the powers
vested in the Legislative or
Executive.
Seventeenth Article:
The powers not delegated
by the Constitution, nor
prohibited by it, to the
States, are reserved to the
States respectively.
Ratification process
The twelve articles of amendment approved by congress were officially submitted to the Legislatures of the several States for consideration on September 28,
1789. The following states ratified some or all of the amendments:[66][67]
1. New Jersey November 20, 1789 Articles One and Three through Twelve (Ratified Article Two on May 7, 1992)
2. Maryland December 19, 1789 Articles One through Twelve
3. North Carolina December 22, 1789 Articles One through Twelve
4. South Carolina January 19, 1790 Articles One through Twelve
5. New Hampshire January 25, 1790 Articles One and Three through Twelve (Ratified Article Two on March 7, 1985)
6. Delaware January 28, 1790 Articles Two through Twelve
7. New York February 24, 1790 Articles One and Three through Twelve
8. Pennsylvania March 10, 1790 Articles One and Three through Twelve
9. Rhode Island June 7, 1790 Articles One and Three through Twelve (Ratified Article Two on June 10, 1993)
10. Vermont November 3, 1791 Articles One through Twelve
11. Virginia December 15, 1791 Articles One through Twelve
Having been approved by the requisite threefourths of the several states, there being 14 States in the Union at the time (as Vermont had been admitted into the
Union on March 4, 1791),[62] the ratification of Articles Three through Twelve was completed and they became Amendments 1 through 10 of the Constitution.
Secretary of State Thomas Jefferson certified their adoption on March 1, 1792.[68]
As they had not yet been approved by 11 of the 14 states, the ratification of Article One (ratified by 10) and Article Two (ratified by 6) remained incomplete.
The ratification plateau they needed to reach soon rose to 12 of 15 states when Kentucky joined the Union (June 1, 1792). On June 27, 1792, the Kentucky
General Assembly ratified all 12 amendments, however this action did not come to light until 1997.
Article One came within one state of the number needed to become adopted into the Constitution on two occasions between 1789 and 1803. Despite coming
close to ratification early on, it has never received the approval of enough states to become part of the Constitution.[63] As Congress did not attach a ratification
time limit to the article, it is still technically pending before the states. Since no state has approved it since 1792, ratification by an additional 27 states would
now be necessary for the article to be adopted.
Article Two, initially ratified by seven states through 1792 (including Kentucky), was not ratified by another state for eighty years. The Ohio General Assembly
ratified it on May 6, 1873 in protest of an unpopular Congressional pay raise.[69] A century later, on March 6, 1978, the Wyoming Legislature also ratified the
article.[70] Gregory Watson, a University of Texas at Austin undergraduate student, started a new push for the article's ratification with a letter-writing campaign
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to state legislatures.[69] As a result, by May 1992, enough states had approved Article Two (38 of the 50 states in the Union) for it to become the Twentyseventh Amendment to the United States Constitution. The amendment's adoption was certified by Archivist of the United States Don W. Wilson and
subsequently affirmed by a vote of Congress on May 20, 1992.[71]
Three states did not complete action on the twelve articles of amendment when they were initially put before the states. Connecticut and Georgia found a Bill of
Rights unnecessary and so refused to ratify. Both chambers of the Massachusetts General Court ratified a number of the amendments (the Senate adopted 10 of
12 and the House 9 of 12), but failed to reconcile their two lists or to send official notice to the Secretary of State of the ones they did agree upon.[72][62] All
three later ratified the Constitutional amendments originally known as Articles 3 through 12 as part of the 1939 commemoration of the Bill of Rights'
sesquicentennial: Massachusetts on March 2, Georgia on March 18, and Connecticut on April 19.[62] Connecticut and Georgia would also later ratify Article
Two, on May 13, 1987 and February 2, 1988 respectively.
Application
The Bill of Rights had little judicial impact for the first 150 years of its existence; in the words of Gordon S. Wood, "After ratification, most Americans
promptly forgot about the first ten amendments to the Constitution."[73] The Court made no important decisions protecting free speech rights, for example, until
1931.[74] Historian Richard Labunski attributes the Bill's long legal dormancy to three factors: first, it took time for a "culture of tolerance" to develop that
would support the Bill's provisions with judicial and popular will; second, the Supreme Court spent much of the 19th century focused on issues relating to
intergovernmental balances of power; and third, the Bill initially only applied to the federal government, a restriction affirmed by Barron v. Baltimore (1833).
[75][76][77] In the twentieth century, however, most of the Bill's provisions were applied to the states via the Fourteenth Amendmenta process known as
incorporationbeginning with the freedom of speech clause, in Gitlow v. New York (1925).[78] In Talton v. Mayes (1896), the Court ruled that Constitutional
protections, including the provisions of the Bill of Rights, do not apply to the actions of American Indian tribal governments.[79]
First Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or
of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.[80]
The First Amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of
speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of
grievances. Initially, the First Amendment applied only to laws enacted by Congress, and many of its provisions were interpreted more narrowly than they are
today.[81]
In Everson v. Board of Education (1947), the Court drew on Thomas Jefferson's correspondence to call for "a wall of separation between church and State",
though the precise boundary of this separation remains in dispute.[81] Speech rights were expanded significantly in a series of 20th- and 21st-century court
decisions that protected various forms of political speech, anonymous speech, campaign financing, pornography, and school speech; these rulings also defined a
series of exceptions to First Amendment protections. The Supreme Court overturned English common law precedent to increase the burden of proof for
defamation and libel suits, most notably in New York Times Co. v. Sullivan (1964).[82] Commercial speech is less protected by the First Amendment than
political speech, and is therefore subject to greater regulation.[81]
The Free Press Clause protects publication of information and opinions, and applies to a wide variety of media. In Near v. Minnesota (1931)[83] and New York
Times v. United States (1971),[84] the Supreme Court ruled that the First Amendment protected against prior restraintpre-publication censorshipin almost
all cases. The Petition Clause protects the right to petition all branches and agencies of government for action. In addition to the right of assembly guaranteed by
this clause, the Court has also ruled that the amendment implicitly protects freedom of association.[81]
Second Amendment
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.[80]
The Second Amendment protects the right to keep and bear arms. The concept of such a right existed within English common law long before the enactment of
the Bill of Rights.[85] First codified in the English Bill of Rights of 1689 (but there only applying to Protestants), this right was enshrined in fundamental laws
of several American states during the Revolutionary era, including the 1776 Virginia Declaration of Rights and the Pennsylvania Constitution of 1776. Long a
controversial issue in American political, legal, and social discourse, the Second Amendment has been at the heart of several Supreme Court decisions.
In United States v. Cruikshank (1875), the Court ruled that "[t]he right to bear arms is not granted by the Constitution; neither is it in any manner
dependent upon that instrument for its existence. The Second Amendment means no more than that it shall not be infringed by Congress, and has no other
effect than to restrict the powers of the National Government."[86]
In United States v. Miller (1939), the Court ruled that the amendment "[protects arms that had a] reasonable relationship to the preservation or efficiency
of a well regulated militia".[87]
In District of Columbia v. Heller (2008), the Court ruled that the Second Amendment "codified a pre-existing right" and that it "protects an individual
right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the
home" but also stated that "the right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for
whatever purpose".[88]
In McDonald v. Chicago (2010),[89] the Court ruled that the Second Amendment limits state and local governments to the same extent that it limits the
federal government.[90]
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Third Amendment
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed
by law.[80]
The Third Amendment restricts the quartering of soldiers in private homes, in response to Quartering Acts passed by the British parliament during the
Revolutionary War. The amendment is one of the least controversial of the Constitution, and, as of 2016, has never been the primary basis of a Supreme Court
decision.[91][92][93]
Fourth Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated,
and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and
the persons or things to be seized.[80]
The Fourth Amendment guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by
probable cause. It was adopted as a response to the abuse of the writ of assistance, which is a type of general search warrant, in the American Revolution.
Search and seizure (including arrest) must be limited in scope according to specific information supplied to the issuing court, usually by a law enforcement
officer who has sworn by it. The amendment is the basis for the exclusionary rule, which mandates that evidence obtained illegally cannot be introduced into a
criminal trial.[94] The amendment's interpretation has varied over time; its protections expanded under left-leaning courts such as that headed by Earl Warren
and contracted under right-leaning courts such as that of William Rehnquist.[95]
Fifth Amendment
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases
arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the
same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived
of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.[80]
The Fifth Amendment protects against double jeopardy and self-incrimination and guarantees the rights to due process, grand jury screening of criminal
indictments, and compensation for the seizure of private property under eminent domain. The amendment was the basis for the court's decision in Miranda v.
Arizona (1966), which established that defendants must be informed of their rights to an attorney and against self-incrimination prior to interrogation by
police.[96]
Sixth Amendment
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the
crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the
accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the
Assistance of Counsel for his defence.[80]
The Sixth Amendment establishes a number of rights of the defendant in a criminal trial:
to a speedy and public trial
to trial by an impartial jury
to be informed of criminal charges
to confront witnesses
to compel witnesses to appear in court
to assistance of counsel[97]
In Gideon v. Wainwright (1963), the Court ruled that the amendment guaranteed the right to legal representation in all felony prosecutions in both state and
federal courts.[97]
Seventh Amendment
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by
a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.[80]
The Seventh Amendment guarantees jury trials in federal civil cases that deal with claims of more than twenty dollars. It also prohibits judges from overruling
findings of fact by juries in federal civil trials. In Colgrove v. Battin (1973), the Court ruled that the amendment's requirements could be fulfilled by a jury with
a minimum of six members. The Seventh is one of the few parts of the Bill of Rights not to be incorporated (applied to the states).[98]
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Eighth Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.[80]
The Eighth Amendment forbids the imposition of excessive bails or fines, though it leaves the term "excessive" open to interpretation.[99] The most frequently
litigated clause of the amendment is the last, which forbids cruel and unusual punishment.[100][101] This clause was only occasionally applied by the Supreme
Court prior to the 1970s, generally in cases dealing with means of execution. In Furman v. Georgia (1972), some members of the Court found capital
punishment itself in violation of the amendment, arguing that the clause could reflect "evolving standards of decency" as public opinion changed; others found
certain practices in capital trials to be unacceptably arbitrary, resulting in a majority decision that effectively halted executions in the United States for several
years.[102] Executions resumed following Gregg v. Georgia (1976), which found capital punishment to be constitutional if the jury was directed by concrete
sentencing guidelines.[102] The Court has also found that some poor prison conditions constitute cruel and unusual punishment, as in Estelle v. Gamble
(1976).[100]
Ninth Amendment
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.[80]
The Ninth Amendment declares that there are additional fundamental rights that exist outside the Constitution. The rights enumerated in the Constitution are not
an explicit and exhaustive list of individual rights. It was rarely mentioned in Supreme Court decisions before the second half of the 20th century, when it was
cited by several of the justices in Griswold v. Connecticut (1965). The Court in that case voided a statute prohibiting use of contraceptives as an infringement of
the right of marital privacy.[103] This right was, in turn, the foundation upon which the Supreme Court built decisions in several landmark cases, including, Roe
v. Wade (1973), which overturned a Texas law making it a crime to assist a woman to get an abortion, and Planned Parenthood v. Casey (1992), which
invalidated a Pennsylvania law that required spousal awareness prior to obtaining an abortion.
Tenth Amendment
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the
people.[80]
The Tenth Amendment reinforces the principles of separation of powers and federalism by providing that powers not granted to the federal government by the
Constitution, nor prohibited to the states, are reserved to the states or the people. The amendment provides no new powers or rights to the states, but rather
preserves their authority in all matters not specifically granted to the federal government.[104]
See also
Anti-Federalism, Anti-Federalist Papers
Four Freedoms
Institute of Bill of Rights Law
Patients' [bill of] rights
Second Bill of Rights
Taxpayer Bill of Rights
Virginia Statute for Religious Freedom
We Hold These Truths
References
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Notes
a. Probably Robert Yates[17]
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/history-bill-of-rights.html) History of the Bill of Rights: Where are they today?
110. "Treasures of Carolina: Stories from the State Archives Opens Oct. 24".
ncdcr.gov. North Carolina Department of Natural and Cultural Resources.
Retrieved February 15, 2016.
111. "The U.S. Marshals Service Takes Possession of North Carolina's Copy of the
Bill of Rights". U.S. Marshals Service. Retrieved July 28, 2008.
112. Parkinson, Hilary (December 13, 2011). "A homecoming for six pages of
parchment". The National Archives. Retrieved February 15, 2016.
113. Mary Lynn Ritzenthaler and Catherine Nicholson,"A New Era Begins for the
Charters of Freedom.". March 14, 2006. Prologue, Fall 2003.
114. For Know-It-Alls (2008). The United States Bill of Rights for Know-It-Alls.
Filiquarian Publishing, LLC. p. 27. ISBN 1599862255.
115. Grier, Peter (December 15, 2009). "Bill of Rights Day: what Obama says about
it". Christian Science Monitor. Retrieved July 10, 2013.
116. "Bill of Rights Tour Opens in Kansas City". The Nevada Daily Mail. September
18, 1991. Retrieved July 11, 2013.
Bibliography
Amar, Akhil Reed (1998). The Bill of Rights. Yale University Press.
Beeman, Richard (2009). Plain, Honest Men: The Making of the American Constitution. Random House.
Bessler, John D. (2012). Cruel and Unusual: The American Death Penalty and the Founders' Eighth Amendment. UPNE.
Brookhiser, Richard (2011) James Madison. Basic Books.
Brutus (1787) "To the Citizens of the State of New York". In The Complete Anti-Federalist, Volume 1 (2008). Ed. Herbert J. Storing. University of Chicago Press.
Hamilton, Alexander, Madison, James, and Jay, John (2003) The Federalist: With Letters of Brutus. Ed. Terence Ball. Cambridge University Press.
Labunski, Richard E. (2006). James Madison and the struggle for the Bill of Rights. Oxford University Press.
Levy, Leonard W. (1999). Origins of the Bill of Rights. Yale University Press.
Maier, Pauline (2010). Ratification: The People Debate the Constitution, 17871788. Simon and Schuster.
Rakove, Jack N. (1996). Original Meanings. Alfred A. Knopf.
Stewart, David O. (2007). The Summer of 1787. Simon and Schuster.
Wood, Gordon S. (2009). Empire of Liberty: A History of the Early Republic, 17891815. Oxford University Press.
Further reading
Berkin, Carol. The Bill of Rights: The Fight to Secure America's Liberties (Simon & Schuster, 2015). 259 pp.
Bodenhamer, David J.; James W. Ely (May 2008). The Bill of Rights in modern America. Indiana University Press. ISBN 978-0-253-21991-6.
Bordewich, Fergus M. The First Congress: How James Madison, George Washington, and a Group of Extraordinary Men Invented the Government (2016) on 1789-91.
Schwartz, Bernard (January 1, 1992). The great rights of mankind: a history of the American Bill of Rights. Rowman & Littlefield. ISBN 978-0-945612-28-5.
Smith, Rich (July 2, 2007). The Bill of Rights: Defining Our Freedoms. ABDO. ISBN 978-1-59928-913-7.
Stair, Nancy L. (January 2003). The Bill of Rights: a primary source investigation into the first ten amendments of the Constitution. The Rosen Publishing Group. p. 53.
ISBN 978-0-8239-3800-1.
External links
National Archives: The full text of the United States Bill of Rights (http://www.archives.gov/exhibits/charters
/bill_of_rights_transcript.html)
Footnote.com (partners with the National Archives): Online viewer with High-resolution image of the original
document (http://www.footnote.com/viewer.php?image=4346711)
Library of Congress: Bill of Rights and related resources (http://www.loc.gov/rr/program/bib/ourdocs
/billofrights.html)
Alexander Hamilton, Federalist, no. 84, 57581 (http://press-pubs.uchicago.edu/founders/documents
/bill_of_rightss7.html), on opposition to the Bill of Rights
TeachingAmericanHistory.org Bill of Rights (http://teachingamericanhistory.org/bor/)
United States Bill of Rights at Project Gutenberg
Bill of Rights (https://librivox.org/search?title=Bill+of+Rights&author=MADISON&reader=&keywords=&
genre_id=0&status=all&project_type=either&recorded_language=&sort_order=catalog_date&search_page=1&
search_form=advanced) public domain audiobook at LibriVox
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