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Analysis posted Nov 27 2010, 11:42 AM Category: Resistance Source: InformationLiberation Print

Exclusive: Colorado Lawyer Files For Injunction Against Janet Napolitano and TSA

Chris | InformationLiberation

Latest: Gary Fielder's Anti-TSA Lawsuit Covered by AP, Fox NewsColorado lawyer, Gary Fielder, has filed for a Permanent Restraining Order in federal district court against Janet Napolitano, John Pistole, the Department of Homeland Security and the TSA. Attorney Fielder made headlines earlier this year when he refused to go through a naked body scanner installed at a Colorado courthouse. He has now filed a Complaint for Injunctive Relief to stop the naked body scanners and enhanced pat downs at our nation's airports.

In his complaint, he details his personal story of how he and his daughters were treated during an "enhanced pat down" by the TSA on a recent trip to San Diego, describing the TSA agents' behavior as "disgusting, unconscionable, sexual in nature, unnecessary and a complete violation of his and his children’s constitutional rights."

The complaint is quite compelling, it's presented below in full.
Gary D. Fielder, in his individual capacity, brings this action under the Fourth Amendment to the Constitution of the United States of America to enjoin certain agencies of UNITED STATES OF AMERICA, namely, DEPARTMENT OF HOMELAND SECURITY and TRANSPORTATION SECURITY ADMINISTRATION, and its chief executive officers, respectively, from continuing to unreasonably search the people of the United States of America through the use of whole body imaging scanners and enhanced “pat down” procedures before boarding a commercial aircraft.

Currently, there are over 330 million citizens of the United States, none of whom have ever engaged in any terrorist activity onboard a commercial airliner, at any time or place on the planet Earth. Despite that fact, DEPARTMENT OF HOMELAND SECURITY and TRANSPORTATION SECURITY ADMINISTRATION have turned their effort to “keep us safe,” not on terrorists (who from time-to-time threaten the security of the nation), but on its people—who throughout history have shown and established a collective spirit to care for itself and specifically not terrorize others in or outside of the country.

The terrorist’s job is to terrorize the people—to interfere with freedom in such a way that disrupts ordinary life and commerce. With due respect, it is clear that the above referenced governmental agencies are aiding the terrorists’ objective to: fear monger, disrupt travel, cause great expense, pit the people against one another, restrict commerce, destroy our freedom, and (through the photographing and touching of our private areas) infuse the people with negative, and quite literally, radioactive energy.

Accordingly, it is with great sadness and much reservation that one citizen stand-up to the most powerful country in the world to ask that it be enjoined by this Honorable Court from unreasonably searching one of its own, when no reasonable and articulable basis exist to go beyond the use of conventional and time-tested methods of metal and contraband detection.
You can view the entire Complaint for Injunctive Relief below:





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Comments 1 - 20 of 28 Add Comment Page of 2 >
DOGISMYTH

Posted: Nov 27 2010, 5:51 PM

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9821 The color of law. Its OK for the government to lie, deceive and commit fraud upon the American people, but people are indicted and convicted on the same crimes.

Its OK for the government to sexually assault a person without their permission, but people are indicted and convicted on the same crimes.

I could go on and on. There is a serious problem with this rogue government, their dual citizen agents, and the corporate interests that determine policies and law which are in direct conflict with the constitution and our unalienable rights. It is simply a form of tyranny expressed with arrogance and in complete violation of the law of the land.

Such tyranny of the US government has gone unabated in throughout the world. The US Government is attacking innocent people and destroying private property in many countries without any declaration of war, or a valid premise and cause to do such. The tyranny government is in the hands of traitorous Congressional representative, and key governmental positions are held by jewish dual citizens with their first allegiance to Israel.

People ARE waking up. Time is accelerating. The end is near. And the new beginning will follow. We welcome in Aquarius to this new age where deception, hypocrisy and hate will result in a lower living standard for the individual. It will not be by choice for there are more powerful laws at work than those of men.

Good luck to all. And Thank You very much Mr. Fielder for taking the first step.
barefoot721

Posted: Nov 27 2010, 10:08 PM

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687 I love Gary Fielder... I hope more people join in and stand up in whatever capacity they are capable of!
Anonymous

Posted: Nov 27 2010, 10:50 PM

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72215 Good, I hope he fully succeeds. Also of strong importance is the clear and more overtly obvious conflict of interest going on here with members of Congress being investors in the company that makes these machines. It is also if imperative importance that despite all this insincere rhetoric in regards to security, NO EFFORT WHATSOEVER has been put towards securing either our Canadian or Mexican borders. None. Zero. Zip. Zilch. Nada. What IS abundantly clear, is that none of is had to do with securing the people from terrorism and everything to do with the manufacture of consent based in a false paradigm of a terrorist threat. There are no terrorists. None. Never were. And before you go running your mouths about 9/11, then I challenge anyone and everyone to answer nice question. How is a small ragtag band of alalalalalala yahoos in a cave in Afghanistan without so much as wifi or sat-phone capacity able to pull off an operation of such magnitude on the very day that the U.S. Is holding a terror "drill" without real-time inside intel? Such an operation could ONLY come from the private sector. Unaccountable private power can easily pull off such an operation in order to further their own agenda, almost fulfilled. This TSA intrusion is not to protect you from terrorists, but to protect private power from YOU!!! They KNOW what they did. YOU know what they did, because it's in the news every night. Bailouts, meltdowns, foreclosures, evisceration of your Constitution, cutting of education, I could go on and on. They know the jig is up, and they know you know. They fear YOU, not terrorists, because there are none. This is why they set up punk kids to engage in terror on U.S. soil, arming them with fake bombs. Sure it comes out on the news, but shortly after, we hear about the fake bomb. So basically there was no threat, they just made it up and found a punk kid to pin it on.

But hey... This is what you ALL voted for.
Anonymous

Posted: Nov 28 2010, 3:23 AM

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71198 Gary Fielder is also speaking for millions of Americans. Here's my story in complaint filed with TSA:

Took place Las Vegas, NV, November, 2010:

Is your agency racial profiling on second screenings? Today, my wife and I had already passed through the initial screening process at Las Vegas McCarran Airport. We passed this first screening successfully. As we were waiting at the gate for our flight to San Francisco, we were advised by the United Airlines customer desk that there would be additional selective screenings.

Before we were selected for the second screenings, we noticed a number of non-minority passengers entering the boarding plank to the plane. The first group called was the first class passengers. None of them were selected for a second screening. My wife (Filipino) and I (Hispanic) were in the second group called for boarding, and we were the first passengers to get called for the second screening. This did not appear to be a random act. What's galling is the fact that we were pulled aside when most of the passengers on this flight were non-minority. Why didn't some non-minority persons get initially selected? Some of these passengers were on international travel.

I questioned the TSA person if we were going to be the only ones, and she said there would be others. Much to my dismay, the next ones called were Asians who were standing behind us while we were gathering our belongings. I noticed the elderly Asian female with a look of consternation on her face. Of course, we felt the same way. I was especially disturbed that while we were the first ones to get called, we noticed many of the passengers staring upon us, and we didn't like being singled out in this manner. Now, we couldn't stick around to see others because my wife and I had to get on board. Of course, we passed these screenings successfully, but I take exception to being the first passengers to be selected while we didn't notice any of the non-minority being selected. I did notice that while we were undergoing the second screening, passengers were allowed to keep boarding the plane. This meant fewer selectees for the TSA personnel.

My wife and I are US citizens. We've lived and worked in Monterey County, CA, for most of the past 25 years. I'm a US Army veteran and a retired teacher. My wife has worked for a local government agency for most of the past 25 years. We dress conservatively. There is nothing about us except our skin color that would cause us to be selected for the second screening process. My wife was especially disturbed with the TSA female who searched her because she lifted up her blouse and exposed her belly button and waist to be out in the open to the public while the TSA person kept feeling around her waist pants with her blue gloves. This second screening took place behind the UA customer service desk and adjacent to the boarding area. Everything was out in the open.

Had we known our rights to this second screening, we would have objected to it. The next time, we will ask for privacy. If this means delaying the flight, so be it. We would be exercising our right for personal privacy, and not to get subjected to this second search in such a demeaning manner. I would not be objecting if there were some non-minority passengers being selected before us. But it appears to us that the TSA personnel were racially profiling us.

The TSA personnel act as if they own you. They are haughty and discourteous. I suppose they chose us first to show the rest of the non-minority passengers that they are selecting people of color to indicate they are protecting them against people like us.

Anonymous

Posted: Nov 28 2010, 4:29 AM

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82121 Big Brother is all powerful. Big Brother knows best. Big Brother is watching YOU.
Anonymous

Posted: Nov 28 2010, 4:50 AM

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75215 Yes and don't forget that the next Speaker of the House is exempt from the BS. Now how do you all like that? Let me say that there is going to be hell to pay when it becomes known that some VIP or celeb gets to skate around airport security. It will happen.

By the way are TSA agents scanned when reporting for duty? No? Why not?
By the way when scanning, do men scan men and women scan women? No? Why not?
By the way after having their paws in some lady's shorts does the offending agent don a fresh pair for the next victim? No? Why not?

Anonymous

Posted: Nov 28 2010, 4:52 AM

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75215 Yes and don't forget that the next Speaker of the House is exempt from the airport security BS. Now how do you all like that? Let me say that there is going to be hell to pay when it becomes known that some VIP or celeb gets to skate around airport security. It will happen.

By the way are TSA agents scanned when reporting for duty? No? Why not?
By the way when scanning, do men scan men and women scan women? No? Why not?
By the way after having their paws in some lady's shorts does the offending agent don a fresh pair of gloves for the next victim? No? Why not?

Anonymous

Posted: Nov 28 2010, 5:18 AM

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76191 Could Juror's do this same thing by nullifying other TSA cases around the country? Dropping charges against others, nullifying the laws, and sending a message back to whoever activated DHS they had better follow the constitution?

Or will oath breakers keep operating our country, the constitution remain "intermittent?"


Keith in Seattle

Posted: Nov 28 2010, 8:34 AM

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67183 To one poster:
Yes, the jury when it sits in deliberation has more power than the judge himself. Very few know this but they can at that point unseat the judge if they don't like what he says. The jury is the supreme power when it sits.
Anonymous

Posted: Nov 28 2010, 9:19 AM

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71128 Don't just "opt out" of naked scanners only to be sexually molested/assaulted, instead. Boycott Flying COMPLETELY, until sanity returns! Please join us: http://www.facebook.com/pages/Boycott-Flying/126801010710392
Anonymous

Posted: Nov 28 2010, 9:49 AM

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6412 Are the ground crews screened each day they report for their shifts?
Anonymous

Posted: Nov 28 2010, 10:08 AM

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189182 From http://involuntaryservant.blogspot.com/2008/09/preparing-for-coming-financial-collapse.html

"The futurists and social scientists employed by the ruling elite knew this information revolution was coming and inevitable so they have been preparing for the day when their hold on power would be threatened by the great unwashed masses. Because the United States is/was such a wealthy country with a history of constitutional government and armed population it represented the greatest threat of rebellion that could lead to a loss of control of the US military which would then pose a legitimate threat.

If you know "the posse" is saddling up to come after you do you want them well capitalized and secure in their homes and jobs OR do you want them dead broke struggling for survival in a militarized police state / surveillance society where you can slowly identify and kill off the intelligencia who understands who you are?"

Be careful of web sites that collect "alternative" views and store your IP address.
Anonymous

Posted: Nov 28 2010, 10:33 AM

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9866 Thank God this guy is suing..... I am a Delta employee, terminated because I asked WHY A TSA Agent is going through my CASH AND CREDIT CARDS....(my wallet!) as a contingency for me to report to work!

Yes, I was selected for further inspection as I came through the final employee entrance. I had already passed through 4 checkpoints as I did everyday for 4 years.... I had nothing with me but a pocketbook and an empty lunch bag.

I had no luggage with me, so there was NO REASON for me to be selected.... No reason at all. Plus I am a ticketing agent, I am NOT getting on a plane....

The TSA Goon decided to search my pocketbook.... which I was okay with until he went into my WALLET and began going through my cash and credit cards.

Even when flying, pocketbooks and wallets are NOT searched, they go thru the xray machine and unless bells and whistles go off, no pocketbook search is done.... in 25 years of flying, no bells or whistles have ever gone off, and NO ONE HAS EVER GONE THROUGH MY POCKETBOOK, LET ALONE GONE THROUGH MY WALLET !! NEVER.

Since when is searching "my wallet, credit cards, and cash" a criteria for reporting to work? Questioning their authority set this nut off and I was treated like a criminal, detailed, and made to watch as they ransacked my pocketbook, emptying EVERYTHING, and completely going through my wallet, emptying some of it as well!

To add insult to injury, when they wanted my ID, I offered up my badge.... but no, they wanted my drivers license and went right back into my pocketbook, pulled my wallet, and HELPED THEMSELVES to my drivers license.

When finished, AFTER FINDING NOTHING, my pile of a mess pocketbook was STILL NOT returned to me.. Instead, Delta "stupidvisors" were called, they were surrounded and whispered to.

WHY ALL THE WHISPERING? Nothing was found on me, why was I detained further? What did they have to say to my Stupidvisors that I was not allowed to hear? I will never know. Each time a Delta Rep came out, the same thing happened. They were surrounded by TSA goons and the goons whispered to the Delta Reps....

Finally, after 45 minutes later of detainment, I was stripped of my badges and sent home "to wait for a phone call".

After 5 days of no word, (and no work) I sent an email asking for the procedure to have my badge returned.... after all, they found NOTHING... and I wanted to get back to work!... but..within hours my account was shut down so I could no longer contact them, or access any of my records (such as my paycheck stubs, email, etc.)

After two and a half weeks, I finally received a call asking for my statement.

My statement gave a full account of my compliance, and stated that a video camera was right above the table where this episode took place. I advised in my statement that a review of the video would show I complied immediately, and only reacted when a stranger began going through the personal effects of my wallet, please review the video. Additionally, the video will show the TSA goon over reacted and was told by a fellow goon to "stop creating a scene".

A week later, after 4 weeks of no contact, I got a phone call at 8:30pm informing me I could resign or be terminated!! For nothing except questioning "why would they be going through my wallet!".

I was told a stupidvisor had been present, I replied NO THERE WAS NOT, no one showed up until AFTER everything was over.

I was told the Atlanta cop present stated I was "uncooperative".
I stated NO I WAS NOT, and the video would prove it.... did they watch the video??? NO THEY DID NOT.

The video will show that I asked the police goon "why would they be going through my wallet?" And, that his response was to laugh at me and turn away..... WHO WAS uncooperative??

Did Delta do ANYTHING to stand by me, to verify my account of the situation? NO THEY DID NOT.

I was terminated for NO REASON other than some TSA goon over reacted, and lied.... and Delta Stupidvisors don't have the balls or courage to stand up for their employees.

When I asked the Delta stupidvisor on the phone what grounds I was being terminated for, he replied...
"Behavior unbecoming a Delta agent" !! Yep...

THEY NEVER TRIED TO VERIFY MY STATEMENT...
never checked the video... it was all whispering and secrets...
so why bother to ask for my statement?

Bottom line, I lost my job because of an out an of control TSA goon, AND THE LACK OF PROFESSIONALISM on the part of Delta.

As I was being detained by TSA on that fateful day, the President of Delta was being presented with, yet another, compliment letter from yet another satisfied customer ON MY BEHALF.

Apparently being a good employee is just not enough.

MY case has nothing to do with the scanners or pat downs....but rather the arrogance of uneducated thieves and liars.

I urge EVERYONE to stop flying for as long, and as much as possible. Airline employees are being brainwashed to suspect everyone as a terrorist.

Fellow employees told me repeatedly that TSA can do whatever they want... and they believe that. I refuse to believe that TSA can toss out the 4th amendment at will. I am amazed that TSA got away with this, but, of course, with help from Delta Airlines.

Airline employees are recording your drivers license info and date of birth everytime you book your ticket, and again when you check in FOR TSA. This is a mandatory TSA program built in to the ticketing programs used at the airports.

I believe this is another violation of your rights as citizens.

So, be advised.... your personal information is recorded through a data base everytime you choose to soar through the air in a metal tube.

I enjoyed my job, and I was a good agent....with numerous compliment letters from happy fliers... I guess that was not good enough.

I worked beside some of the most evil ticketing agents on the planet, they still have their jobs.

So crazy TSA agents, whispering to my stupidvisors cost me my job.
And ignorant Delta Stupidvisors who, in 4 weeks time, did not, or would not verify MY version of the story BY VIDEO... why?
The video would prove I complied immediately... nothing was found...and yet, my things were ransacked TWICE, I was detained, and sent home.

Too much trouble to request the video? Too much to ask TSA for the video? Or too damn cowardly to do the right thing for one of their own?

Something is seriously wrong when good people lose their jobs for no reason, and thieves and liars can maintain their jobs VIOLATING YOUR RIGHTS!

I say BOYCOTT ALL AIRLINES....
They won't stand up for you or your rights UNLESS IT MEANS $$$ for them.

Sign me, Fed up in ATLANTA.
black bart

Posted: Nov 28 2010, 12:07 PM

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765 To anon above:

Why are you telling us all this? Tell your lawyer. You could have summarized in 3-4 paragraphs for us instead of wasting time with tedious detail and verbosity.

The most aggravating part of your story is that you are apparently doing nothing about it.

Sheila

Posted: Nov 28 2010, 2:19 PM

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6741 I'm sorry about what Delta does to their employees. They are probably afraid of backlash, so it was easier to terminate you. That was unfair.

Your post is fine. It is a rallying cry and serves to help us understand your experience, despite what anyone else says.

I've admired Gary Fielder since he won his case against the courthouse. I wish him the best of luck and hope he lets the people in Colorado know how we can offer him support.
Anonymous

Posted: Nov 28 2010, 2:39 PM

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71229 http://www.shtfplan.com/headline-news/tsa-administrative-directive-opt-outters-to-be-considered-domestic-extremists_11242010

ITS JUST GETTING WORSE! WE NEED LAWYERS TO STAND UP...
Ben Gardner

Posted: Nov 28 2010, 3:11 PM

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7027 Unfortunately, when Mr. Fielder "wins" his suit, he will automatically be placed on the "no-fly" list so that TSA doesn't have to deal with him for the rest of his life. Just the act of filing this suit has undoubtedly placed him on the list.
DoctorSparkles

Posted: Nov 28 2010, 3:54 PM

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72234 This sort of behavior needs to be encouraged... HERE HERE!
Anonymous

Posted: Nov 28 2010, 4:05 PM

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151205 Good narrative about the delta employee... the thing is this TSA agent has a name and he has to sleep sometime!
Anonymous

Posted: Nov 28 2010, 6:19 PM

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9924 It seems obvious to me that we are being prepared for WAR!

There can be no other reason. I would guess it will be the war that
another mideast country wants with Iran.
We no longer control our Country, it is being controlled and run by zionists.
Not flying will have NO effect.
hitlery clinton will be elected in 2012 and then war in 2013.
I despare for all!
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