Amended Complaint
JURISDICTION
This Court has jurisdiction in this matter pursuant to Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1970), and 42 USC Sections 1985(3), and 1986, 18 USC Sections, 1961, 1964, 1965, 1966, 28 USC 1331 and the First, Fifth, Ninth, and Fourteenth Amendments to the Constitution of the United States of America (hereinafter "the Constitution").
COUNT EIGHT
Repeated threats and intimidation of plaintiffs by Officers O'Neil, Keness and others has subjected plaintiffs to extreme emotional distress, had a chilling effect plaintiffs' exercise of their rights and privileges granted them under the Constitution, and, as with the arrest of Thomas by Officer O'Neil and the intimidation of Concepcion Picciotto to the point where she removed her flags under threat of arrest -- in some instances actually deprived plaintiffs of rights and privileges granted them under the Constitution.
THE REQUIREMENTS FOR TEMPORARY RELIEF
Second, if relief is not granted, plaintiffs will be irreparably injured in their efforts to exercise their freedom of expression free from continuing random, capricious, unjustifiable regulatory re-interpretation and enforcement. Suppression of First Amendment exercise has been held to constitute "irreparable injury," Elrod v. Burns, 427 U.S. 347, 373 (1976), and to constitute "substantial money damages." City of Watseka v. Illinois Public Action Council, 796 F.2d 1559, Summarily Affirmed by the Supreme Court, slip opinion 86-631, January 27, 1987. Moreover, in addition to alleged constitutional injury, the complaint alleges that defendants were involved in harassing and ultimately taking the life of a person similarly situated to plaintiffs.
Third, the issuance of a Temporary Restraining Order will not harm the defendants. It will simply maintain the status quo by ensuring plaintiffs' Constitutionally-protected messages and physical safety, situations which have produced no substantial ill effects to the Government since at least as early as June 3, 1981.
THE NECESSITY FOR TEMPORARY RELIEF
Officer O'Neil's abuse of authority which preceded the shooting of Marcelino Corniel, under the pretext of the minor regulations, is a graphic demonstration of the result of abuse of legal authority, and emphasizes the necessity for this court to protect not only plaintiffs, but the liberty, welfare, and physical well-being of anyone who happens into the abusive path of well-intentioned power gone astray, and of society in general.
NECESSITY FOR RELIEF
Second, if relief is not granted, plaintiffs will be irreparably injured in their efforts to exercise their freedom of expression free from continuing random, capricious, unjustifiable regulatory re-interpretation and enforcement. Suppression of First Amendment exercise has been held to constitute "irreparable injury," Elrod v. Burns, 427 U.S. 347, 373 (1976), and to constitute "substantial money damages." City of Watseka v. Illinois Public Action Council, 796 F.2d 1559, Summarily Affirmed by the Supreme Court, slip opinion 86-631, January 27, 1987. Moreover, in addition to alleged constitutional injury, the complaint alleges that defendants were involved in taking the life of a person similarly situated to plaintiffs.
PRAYER FOR RELIEF
WHEREFORE plaintiffs hereby pray the Court to issue a Temporary Restraining Order to restrain the Park Police from assigning Officers O'Neill, Keness and X, pending a hearing on plaintiffs' Motion For A Preliminary Injunction to enjoin subjecting plaintiffs to unnecessary abuse, under color of regulations, to award plaintiffs nominal monetary damages and/or such other relief as the Court deems proper.