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Exclusive: Colorado Lawyer Files For Injunction Against Janet Napolitano and TSA
informationliberation.com ^ | Nov 27 2010, 11:42 AM | Chris | InformationLiberation

Posted on 11/28/2010 8:44:22 PM PST by Issaquahking

Colorado 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...

You can view the entire Complaint for Injunctive Relief below:

(Excerpt) Read more at informationliberation.com ...


TOPICS: Business/Economy; Constitution/Conservatism; Front Page News; Government
KEYWORDS: dhs; rights; terrorist; tsa; tsapervs; tsascanners
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1 posted on 11/28/2010 8:44:27 PM PST by Issaquahking
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To: Issaquahking

Good for him. It’s about time someone takes a stand.


2 posted on 11/28/2010 8:48:56 PM PST by mia
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To: Issaquahking

Good for him!


3 posted on 11/28/2010 8:50:27 PM PST by leapfrog0202 ("the American presidency is not supposed to be a journey of personal discovery" Sarah Palin)
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To: Issaquahking
Nappy sees no problem with allowing terrorists to come across the border into Arizona but we can't allow Americans to get on an airplane without first being molested by a government bureaucrat. Weird.

Barry should have let the NASA guys continue doing space stuff and had the Dept. Of Homeland "Security" work on the Muzzies' self esteem.

4 posted on 11/28/2010 8:53:26 PM PST by FlingWingFlyer (Don't touch my junk!!!)
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To: leapfrog0202

I’m flying the same route this lawyer used on Thursday
December 3 and I’m returning either the 14th or 16th. I get the idea from this article that everyone in San Diego goes through the new screeners. If I had realized San Diego was set up that way I’d have searched for a different airport to use :-(

I just came through Charlotte, NC but they only had a few of the machines and I had no problem with the regular metal detectors.

I’m so irritated that I’m going to have to face this in San Diego —— grrrrrr. I hope my experience is different than his.


5 posted on 11/28/2010 8:57:12 PM PST by leapfrog0202 ("the American presidency is not supposed to be a journey of personal discovery" Sarah Palin)
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To: Issaquahking

Bump.....


6 posted on 11/28/2010 8:57:32 PM PST by Buddy B (MSgt Retired-USAF - Year: 1972)
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To: Jeff Head; JohnHuang2; 2ndDivisionVet; SwinneySwitch; doug from upland

ping


7 posted on 11/28/2010 8:58:10 PM PST by Issaquahking (Help Sarah Palin! go to - http://www.conservatives4palin.com - You know what to do!)
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To: leapfrog0202

Try calling the airlines and say going through San Diego is not acceptable. Explain how your rights will be violated as noted in the article - and ask to be transferred to a different airport at no additional charge.

First research the airports.


8 posted on 11/28/2010 9:04:52 PM PST by presently no screen name ("Thus you nullify the word of God by your tradition that you have handed down.." Mark 7:13)
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To: Issaquahking

ACLU? Hello? Hello? Are you there? ACLU? Hello?

“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.”


9 posted on 11/28/2010 9:08:06 PM PST by FlyingEagle
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To: presently no screen name

Try calling the airlines and say going through San Diego is not acceptable. Explain how your rights will be violated as noted in the article - and ask to be transferred to a different airport at no additional charge.

First research the airports.

____________________________________
Excellent idea! Thanks - I’m on it!


10 posted on 11/28/2010 9:15:35 PM PST by leapfrog0202 ("the American presidency is not supposed to be a journey of personal discovery" Sarah Palin)
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To: FlyingEagle

They are listening, but right now it is just the rights of law abiding citizens begin violated so they have no interest in stopping it.


11 posted on 11/28/2010 9:17:00 PM PST by matt04
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To: Issaquahking

{APPLAUSE}


12 posted on 11/28/2010 9:24:46 PM PST by LomanBill (Animals! The DemocRats blew up the windmill with an Acorn!)
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To: FlyingEagle

>ACLU? Hello? Hello? Are you there? ACLU? Hello?

The ACLU is all about protecting Muzzies, Commies, and Homos. Don’t ask them to do anything else.


13 posted on 11/28/2010 9:25:16 PM PST by ROTB (Sans Christian revival, we are government slaves, or nuked by China/Russia when we finally revolt.)
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To: ROTB

and child molestors...(hey, may as well get it right!)


14 posted on 11/28/2010 9:29:16 PM PST by snuffy smiff
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To: ROTB

Yeah I know.

My wife survived breast cancer this year, including masectomy, chemo, and reconstruction on both sides including masectomy of the other breast in October. She is obviously a cancer patient, with hair just growing back, looking frail. Last weekend we flew from Houston to see my dad for his 80th birthday, and she got selected for the frisking by TSA goons after passing through the metal detector. Right behind her was another woman, probably in her 80s, with a cane, next to be frisked. When the TSA agent pulled open my wife’s pants and exposed her scars to the general public passing through, I objected to the agent and to the agents supervisor that they were subjecting my breast cancer survivor wife to unreasonable search in violation of her Fourth Amendment rights under the US Constitution. They did not care, gave me a form to fill in if we wanted to complain. They should have been arrested on the spot for criminal molestation and violation of civil rights.

Believe me, I understand the issue. My wife was sobbing at the gate. She was unconsolable. We will not be flying anywhere again, ever.


15 posted on 11/28/2010 9:35:20 PM PST by FlyingEagle
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To: FlyingEagle

I am so sorry your wife had to go through that. Its totally inexcusable. This whole thing should never have been allowed to get started and it needs to stop ASAP. TSA should be defunded and dismantled as well as Homeland Security.


16 posted on 11/28/2010 9:47:53 PM PST by Georgia Girl 2
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To: Issaquahking

WHERE is the Commie ACLU in this case?


17 posted on 11/28/2010 9:48:52 PM PST by ZULU (No nation which tried to tolerate Islam escaped Islamization.)
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To: FlyingEagle

What was done to your wife is in inexcusable , I think the TSA and obama is doing this on purpose to make the general public accept the full body scanners. Of course the politicians are not required to go though the same “inspections”. Have you ever seen a muslim female subjected to the same type of body search. If you must travel , next time have your wife covered from head to toe and declare that she is a muslim,they will not touch her!!I wish I was joking ,but I am not.


18 posted on 11/28/2010 9:50:08 PM PST by omegadawn (qualified)
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To: FlyingEagle

I only fly when all other options are off the board. When in America, I can drive faster to any western location than I can messing with the fools at the gate, offering to “protect me” FUTSA


19 posted on 11/28/2010 9:52:17 PM PST by Issaquahking (Help Sarah Palin! go to - http://www.conservatives4palin.com - You know what to do!)
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To: FlyingEagle

The ACLU is unavailable to pick up the white courtesy phone.


20 posted on 11/28/2010 10:01:07 PM PST by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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