United States v. Rainbow

UNITED STATES DISTRICT COURT
THE MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION

UNITED STATES OF AMERICA             
                                                    Civil Action
           v.                                       Case Number 96- 183 

THE RAINBOW FAMILY, et al.

MOTION TO INTERVENE AS A DEFENDANT

Pursuant to Fed. R. Civ. P. 24(a), William Thomas moves for leave to intervene in this action, in order to assert the defenses set forth in his proposed Motion to Dismiss the Complaint, a copy of which is hereto attached, on the grounds that he is presently residing within the legal jurisdiction of the United States of America, by virtue of his situation, if granted, the prayer for this Court to, "(d)eclare that plaintiff's group use regulations, 36 C.F.R. 6 251(b) comply with the First Amendment of the United States Constitution and are otherwise legally valid," would directly and adversely affect Thomas' interest in well-established constitutional rights guaranteed under the very First Amendment, from which the complaint seeks relief

Moreover, the Complaint alleges, "The "Rainbow Guide of 1995, Summer Edition' indicates that the Forest Service group use regulations are unconstitutional under the First Amendment to the U.S. Constitution. See Attachment 1." ( Id. para. 22), and Thomas' address and phone number appears under the unconstitutional allegations of which the Forest Service complains (Plaintiff's Attachment 1, inside rear cover, compare, Declaration of William Thomas, filed this date), wherefor, plaintiff is likely to attempt to hold Thomas personally liable under plaintiffs' claim for relief (D). the page of plaintiff's Attachment 1, as such Thomas has a defense to plaintiff's claim presenting both questions of law and of fact which are common to the main action.

Respectfully submitted this 15th day of March, 1996,

_____________________________
William Thomas, pro se
P.O. Box 27217
Washington, D.C. 20038
202-462-0757

CERTIFICATE OF SERVICE

I hereby state that, on March 15, 1996, I served copies of the foregoing Motion to Intervene as a Defendant, by first class U.S. mail, postage prepaid, upon the office of

REGINALD LUSTER
Assistant United States Attorney
200 West Forsythe Street, Suite 700
Jacksonville, Florida 32201
Florida Bar No. 075 0069

THOMAS W. MILLET
ANJALI A. ASHLEY
U.S. Department of Justice
Civil Division
801 E Street, N.W.. Room 1016

Leslie Lagmarcino
Officer of the General Counsel
U.S. Department of Agriculture
13th & Constitution, S.W.
Washington, D.C.

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