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INJUNCTIONS;
PETITION
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
Dean Purcell )
Petitioner ) Docket No.____________
)
vs. )
)
Kenneth Feinberg, Special Master, The Office of ) PETITION FOR DECLARATORY
the Special Master, Attorney General John Ashcroft ) AND INJUNCTION RELIEF
and the Department of Justice )
)
Respondents )
__________________________________________ )
Dean Purcell, Petitioner, pursuant to Fed. R. Civ. P. 65, hereby
petitions this Court for a Declaratory Judgment, temporary
restraining order (T.R.O.). and permanent injunction against
Respondents, its agents, representatives, employees and all
other persons or entities acting on or in active concert or
participation with them who received the actual notice of such
Order and/or Judgment by personal service or otherwise from
contributing to, or causing or abetting the expenditure of
public funds in violation of law, as described below.
1. Petitioner brings this action before the Court to halt the
illegal and wrongful disbursement of federal funds to the
victims and their relatives of the four commercial airplane
crashes on September 11, 2001, under the federal law
entitled "September 11 Victim Compensation Fund of
2001", which is Title IV of "The Air Transportation
Safety and System Stabilization Act " Public Law 107-42
(2000) dated Sept 22, 2001. Copy of this law and the explanation
by the Congressional Research Service are attached to the list
of Exhibits to be filed herewith.
2. This compensation funds picks about 3000 individuals out of
280 million Americans to be given up to $1,6 million dollars
each, bails out one industry out of many, and requires
indirectly increased taxes on the rest of America. Nothing
in this suit or subsequent pleading, etc is to lessen the great
horror of that tragic day or the suffering of the many victims
or their surviving family members.
3. This victim compensation fund, eventho well intended, does
not pay the expenses or death benefits of the other one million
Americans per year who are victims of crime, or the 280 million
who are potential victim of crime and most likely will be a
victim in this decade.
4. Plaintiff Purcell has standing to bring this taxpayers action
because he is a taxpayer who will suffer from the loss of his
hard-earned tax dollars by way of an unConstitutional law;
because as a past and likely future uncompensated crime victim
he has no chance of federal funds; because the expected cost of
this expenditure (about $1.5 billion) will dampen the national
economy to the extent he will be unable to find suitable
employment.
5. Petitioner request that this Court declare said act to be
unConstitutional, null and void; and that all expenditures under
this law be halted.
6. This action is brought under the First, Fifth, Ninth, Tenth
Amendments to the US Constitution and 28 USC sections 451, 1331,
1337, and 1361. This Court has jurisdiction as all the
defendants are federal agencies or departments and the law
sought to be declared unConstitutional is a federal law.
7. This act is unConstitutional in the following manner:
A. Discriminates against Purcell and all crime victims (in
particular the victims of the 1995 Oklahoma City bombing) which
violated the 14 Amendment protection by denying Plaintiff and
others the equal protection of the laws.
B. Violates the protections in the Fifth and 14th Amendments to
the US Constitution against depriving any person of his property
by unjust taxation without due process of the law and strict
adherence to the US Constitution.
C. Violated the Ninth Amendment by causing eventually illegal
and unjust taxation to fall on Plaintiff and his family.
8. The Special Master et al are at this time accepting
applications and may be distributing federal funds at this time.
Defendants have failed to follow due process of law and the
mandatory procedural requirements of federal law in the
expenditure of these monies, as to be explained in detail later
and therefore an injunction is in order.
9. Petitioner supports this action with his attached affidavit
and Exhibits.
10. Respondent agency has acted in a wrongful, intentional and
willful manner and Petitioner has suffered and will continue to
suffer irreparable injury the exact nature and extent of which
cannot be ascertained at this time, and for which there is no
adequate remedy at law as a result of the illegal and improper
expenditure of his tax monies.
11. Petitioner has exhausted his administrative remedies and
Petitioner is entitled to a temporary restraining order to stay
the scheduled expenditure from the said Fund by the said Special
Master until this Court can examine the issues to make a fair
determination. Petitioner is entitled to damages, attorney?s fee
and costs.
12. Petitioner requests that this Court do issue its ORDER to
show cause why the relief herein requested should not be
granted.
13. Petitioner requests a T.R.O. and a permanent injunction
without bond because he will suffer irreparable injury and he
has no alternative remedy at law. The respondents would not be
adversely affected because they could administratively
reschedule the payouts at any time and the monies once
disbursed, would be cruel to recoup.
14. Pursuant to Fed. R. Civ. P. 38, Petitioner requests a jury
trial in this matter.
Wherefore Petitioner prays that the Court do grant the relief
herein requested and for such other relief that this court may
deem fit and proper.
_________________________________ Date:_____________________________
Dean Purcell, pro se
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