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Smith v. Knights of Columbus

United States District Court, D. Delaware

July 1, 2015

GERALD I. SMITH, JR., Plaintiff,
v.
KNIGHTS OF COLUMBUS, et al., Defendants.

Gerald I. Smith, Jr., Dover, Delaware. Pro se Plaintiff.

Megan Trocki Mantzavinos and Emily Kara Silverstein, Esquires, Marks, O'Neill, O'Brien, Doherty & Kelly, P.C., Wilmington, Delaware. Counsel for Knights of Columbus.

Jennifer Lynne Hall, Assistant United States Attorney, Wilmington, Delaware, Counsel for Defendants President Barack Hussein Obama, Vice-President, Joseph Robinette Biden, Eric Himpton Holder, Charles Timothy Hagel, President, George Walker Bush, Jocelyn Elaiho, Gordon Peters, Philip E. Jones, Stanley Cindrity, Jon Tabije, and Stephen P. Mueller.

David H. Williams and Allyson Britton DiRocco, Esquires, Morris James LLP, Wilmington, Delaware. Counsel for Julie Lavender.

MEMORANDUM OPINION

SUE L. ROBINSON, District Judge.

I. INTRODUCTION

Plaintiff Gerald I. Smith, Jr. ("plaintiff') proceeds pro se and has paid the filing fee. He filed this lawsuit on January 30, 2015 alleging violations of federal laws, treaties, and the constitution. (D.I. 1) On February 19, 2014, the court ordered plaintiff to show cause why the complaint should not be dismissed for failure to state a claim and/or for lack of jurisdiction. (D.I. 8) Plaintiff filed a responsive brief with a 541 page appendix.[1] (D.I. 24, 25) In the meantime, motions to dismiss were filed by defendants Julie Lavender ("Lavender") and Philip Jones ("Jones"). (D.I. 14, 17) Plaintiff has also filed a motion to change venue to the United States District Court for the Southern District of New York. (D.I. 45) The case was stayed upon motion of current and former officers and employees of the United States government and military members named as defendants, pending the court's ruling on the sufficiency of the complaint. ( See D.I. 39, 40)

II. BACKGROUND

The complaint appears to stem from acts that occurred prior to, and after, plaintiff's discharge from the military on March 31, 2014. (D.I. 1, ¶ 5) He seeks $30, 000, 000 in compensatory damages for lost wages, housing, medical coverage, and security measures at home due to potential retaliation from senior leaders. (D.I. 1, ¶ VI Relief) Plaintiff has sued a number of defendants including, but not limited to, the Knights of Columbus ("KOC"), the United States President and Vice-President and the former Attorney General and Secretary of Defense. He alleges that defendants and numerous accomplices and conspirators retaliated against him after he filed complaints with the FBI, the CIA, Department of Defense, and the United States Department of Justice regarding the commission of federal offenses. Plaintiff alleges violations of his rights to due process and equal protection under the Fourteenth Amendment of the United States Constitution, violations of federal laws, and violations of the United Nations Convention against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment ("U.N. Convention").

Plaintiff believes that members of the KOC, including defendant Wayne Goulet ("Goulet"), had knowledge of a federal crime committed against plaintiff and that the KOC had the power to prevent or aid in preventing the crime but failed to do so in violation of 42 U.S.C. § 1986. Plaintiff describes the crime as a September 2008 needle stabbing that led to October 2008 visions in Germany. Later, plaintiff claims he was a victim of retaliation when General Dillion ("Dillion") used the KOC as a means to retaliate against him. Plaintiff alleges this violated 18 U.S.C. § 1513[2] and caused him to resign from the KOC and leave the Catholic Church. Plaintiff alleges that the actions taken by the KOC also violated the U.N. Convention. (D.I. 1, ¶¶ 1, 11)

Plaintiff alleges that defendants President Obama ("President Obama") and Vice-President Biden ("Biden") had prior knowledge of the 2008 needle stabbing incident and failed to prevent it. He wrote to President Obama in November 2012 but did not receive a response. Plaintiff received responses to complaints he made to the office of defendant former Attorney General Eric Holder ("Holder"), but the responses disregarded plaintiff's rights. Plaintiff alleges President Obama and Holder violated 42 U.S.C. § 1983 and § 1985 and that Biden violated 42 U.S.C. § 1982 and 18 U.S.C. § 2. He also alleges Holder violated the Fourteenth Amendment and 18 U.S.C. §§ 3 and 1001. Shortly after plaintiff wrote President Obama, he was ordered by his military commander to an in-patient psychiatric unit but was given no reason. Plaintiff alleges the illegal actions are an obvious cover-up by senior leaders in violation of U.S. Public Law 102-484, § 546. ( ld. at ¶¶ 2-4)

Plaintiff alleges harassment by numerous unnamed African Americans prior to and after the needle incident. He alleges the African Americans were aware of a plan involving the 1989 religious event. In March 2014, plaintiff provided the Air Force Office of Special Investigations with evidence, but has received no response. ( ld. at ¶ 2)

Plaintiff alleges that defendant former Secretary of Defense Charles Hagel ("Hagel") violated 10 U.S.C. § 1034, [3] 42 U.S.C. § 1983, 42 U.S.C. § 1985, 18 U.S.C. § 1512, [4] 18 U.S.C. § 3, and DOD Directive 7050.06 when plaintiff's complaint was referred to the Secretary of the Air Force, but plaintiff did not receive the results of the investigation until twenty months later. (D.I. 1, ¶ 5) Plaintiff alleges that President George Walker Bush ("President Bush") violated 18 U.S.C. § 2340A, 18 U.S.C. § 2441, Executive Order 12333, The War Crimes Act of 1949 and the U.N. Convention when he conspired and approved illegal action (i.e., needle stabbing/injection) taken against plaintiff by the CIA. (D.I. 1, ¶ 6)

Plaintiff alleges that defendant Jocelyn Elaiho ("Elaiho") violated 18 U.S.C § 1519 and § 1001 and the U.N. Convention when she used her government position to retaliate against plaintiff for a complaint he filed. Plaintiff alleges this is documented in Elaiho's July 13, 2011 memo to plaintiff's medical evaluation board. Plaintiff alleges that defendant Gordon Peters ("Peters") also violated 18 U.S.C § 1519 and § 1001 and the U.N. Convention, as well as 18 U.S.C. § 4 and 18 U.S.C. § 1513, after he barraged plaintiff with negative comments while waiving a finger in plaintiff's face. Plaintiff alleges that Peters had prior knowledge of the needle stabbing incident. ...


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