CLAIMS FOR RELIEF SOUGHT AND PRAYERS FOR RELIEF

//CLAIMS FOR RELIEF SOUGHT AND PRAYERS FOR RELIEF
CLAIMS FOR RELIEF SOUGHT AND PRAYERS FOR RELIEF2017-10-09T15:33:43+00:00

VII. CLAIMS FOR RELIEF SOUGHT AND PRAYERS FOR RELIEF

  1. Plaintiff hereby re-allege and incorporate by reference each and every allegation, fact or averment in this [OVC], as though fully set forth herein.
  2. This is an action for declaratory relief under Declaratory Judgment Act, 28 U.S.C. §§2201, 2202 implemented through Rule 57 of the Federal Rules of Civil Procedure.
  3. Pursuant to [Federal Rules of Civil Procedure] “[FRCP]” Rule 52 in an action tried on the facts without a jury or with an advisory jury, the court must find the facts specially and state its conclusions of law separately. The findings and conclusions may be stated on the record after the close of the evidence or may appear in an opinion or a memorandum of decision filed by the court.
  4. Pursuant to [FRCP] Rule 52, Judgment on Partial Findings, if a party has been fully heard on an issue during a nonjury trial and the court finds against the party on that issue, the court may enter judgment against the party on a claim or defense that, under the controlling law, can be maintained or defeated only with a favorable finding on that issue.
  5. Pursuant to 28 U.S. Code § 1651 – Writs, this Court may issue all writs necessary or appropriate in aid of their respective jurisdictions and affable usages and principles of law.
  6. An actual case and substantial controversy exists between Plaintiff and Defendants as to their respective legal rights and duties that may be adjudicated by this Court consistent with U.S. Constitution, Article III, Section 2, Clause 1.
  7. Plaintiff, as a consequence of the unconstitutionality of the challenged law, conduct and activity of the Defendants alleged supra; Plaintiff is entitled to equitable and ancillary relief including preliminary and permanent injunctive relief.
  8. Preliminary injunctive relief is justified because:

a). Plaintiff is likely to succeed on the merits; and
b). Plaintiff will continue to suffer irreparable harm if the injunction is denied because enforcement of the challenged law, conduct and activity of the Defendants is a continuing violation of Plaintiffs’ constitutional rights; and
c). The continuing harm inflicted upon Plaintiff by the challenged law, conduct and activity of the Defendants outweighs any harm that would stem from enjoining their enforcement; and
d). Enforcement of the constitutional rights specified herein is in the public interest or by upholding free exercise rights and enjoining the challenged law, conduct and activity herein.
e). Permanent injunctive relief is justified because Plaintiff has no adequate remedy at law to protect him from the continuing threat of enforcement of the challenged law, conduct and activity as alleged supra and for the reason that criminal punishment is an irreparable harm.


FIRST CLAIM FOR RELIEF
Violation of the Free Exercise Clause in the Right of Religion & Belief, inter alia
Violations of the Establishment Clause of the First Amendment of the U.S. Constitution
Declaratory Judgement, Injunctive and other Appropriate Relief

SECOND CLAIM FOR RELIEF
Violation of the Free Exercise Clause in the Right of Free & [Protected Speech], inter alia
Violation of the Due Process Clause of the Fifth Amendment of the U.S. Constitution
Declaratory Judgement, Injunctive and other Appropriate Relief

THIRD CLAIM FOR RELIEF
Violation of the Free Exercise Clause in the Right of Conscience, inter alia
Violations of Article I, Section 8, Clause 1 of the United States Constitution
Declaratory Judgement, Injunctive and other Appropriate Relief

FOURTH CLAIM FOR RELIEF
Violation of the Free Exercise Clause in the Right of Association, inter alia
Violation of a Fundamental Right of the Ninth Amendment of the United States Constitution
Declaratory Judgement, Injunctive and other Appropriate Relief

FIFTH CLAIM FOR RELIEF
Violation of the Free Exercise Clause in the Right of Protest Activities, inter alia
Violation of limitations in the Sixteenth Amendment of the United States Constitution
Declaratory Judgement, Injunctive and other Appropriate Relief

SIXTH CLAIM FOR RELIEF
Violation of the Free Exercise Clause in a Right to Petition for grievances, inter alia
Violations of the Supremacy Clause, Article VI, Clause 2 of the United States Constitution
Declaratory Judgement, Injunctive and other Appropriate Relief

SEVENTH CLAIM FOR RELIEF
Violation of the Free Exercise Clause in the Right to life, liberty and the pursuit of happiness
Violation of the Spirit & Letters of Thirteenth Amendment of the United States Constitution
Declaratory Judgement, Injunctive and other Appropriate Relief