Necessity for Temporary Relief

The Necessity for Temporary Relief

Officer O'Neill's abuse of authority, under the pretext of the minor regulations, which preceded the shooting of Marcelino Corniel, 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 path of well-intentioned abuse of power gone astray, and society in general.

The other allegations of this complaint, while not as graphic, are nonetheless extremely important. "The right to


speak freely and to promote diversity of ideas and programs is ... one of the chief distinctions that sets us apart from totalitarian regimes." Terminiello v. Chicago, 337 U.S. 4 (1945); see also, United States v. Eichman 58 LW 4745 (1990); Texas v. Johnson, 109 S. Ct. 2533 (1989) Boos v. Barry, 485 U.S. 312 (1989); Airport Commissioners v. Jews for Jesus 482 U.S. 203 (1986); Brown v. Louisiana, 383 US l3l (l96l); Hague v. C.I.O., 307 U.S. 496 (1939); Spence v. Washington, 418 U.S. at 411 (1969); Tinker v. Des Moines, 393 U.S. 503; United States v. O'Brien, 391 U.S. 368 (1969); Cox v. Louisiana, 379 U.S. 536, 551 (1965); Coates v. Cincinnati, 402 U.S. 611, 615; United States v. Grace, 461 U.S. 177; Carey v. Brown, 447 U.S. 455, (1980); Gregory v. Chicago, 394 U.S. 111, (1969); Jamison v. Texas, 318 U.S. 413 (1943); Thornbill v. Alabama, 310 U.S. 88 (1940).

"From time immemorial" parks have been recognized as "public forums." Hague v. C.I.O, 307 U.S. 496 (1939). In this circuit Lafayette Park has repeatedly been recognized as a "unique public forum." E.g., ERA v. Clark, 746 F.2d 1518, 1555 (1984); United States v. Sunrise, 707 f. Supp. 295 (1988).

"The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws whenever he receives an injury." Marbury v. Madison, 1 Cranch 138, 163 (1803).