UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK
Criminal Action, File Number llll
Julian Heicklen
Complainant
v.
U. S. Department of Homeland Security
New York City Fire Department
Saint Vincent Hospital
Bellevue Medical Center
 New York Downtown Hospital
U. S. Central Violations Bureau
U. S. District Magistrate
et al.
Defendants
List of Defendants on next pages
Criminal Complaint: Case #
GOVERNMENT AND HOSPITAL MISCONDUCT
1
____________________
Julian Heicklen
 Complainant
 734 Rutland Avenue
Teaneck, NJ 07666
814–880–9308

_________________
Date
DEFENDANTS
Department of Homeland Security, Secretary Janet Napolitano, U.S. Department of Homeland Security, Washington, DC 20528, Telephone 800-375-5283
Homeland Security Federal Protective Service officer C. Barnes #245, Federal Protective Service, 500 12th Street, SW, Washington, DC 20536, Telephone 1–866– DHS-2-ICE
Homeland Security Federal Protective Service officer Wong #213, Federal Protective Service, 500 12th Street, SW, Washington, DC 20536, Telephone 1–866– DHS-2-ICE
Homeland Security Protective Service officer Roomnd #234, Federal Protective Service, 500 12th Street, SW, Washington, DC 20536, Telephone 1–866– DHS-2-ICE
Federal Protective Service officer Roomnd #234,  Federal Protective Service, 500 12th Street, SW, Washington, DC 20536, Telephone 1–866– DHS-2-ICE
Federal Protective Service officer John Doe 1 (11/02/09), Service, Federal Protective Service, 500 12th Street, SW, Washington, DC 20536, Telephone 1–866– DHS-2-ICE
Homeland Security Federal Protective Service officer John Doe 2 (11/02/09), Federal Protective Service, 500 12th Street, SW, Washington, DC 20536, Telephone 1–866– DHS-2-ICE
Homeland Security Federal Protective Service officer John Doe 1 (11/16/09), Federal Protective Service, 500 12th Street, SW, Washington, DC 20536, Telephone 1–866– DHS-2-ICE
Homeland Security Federal Protective Service officer John Doe 2 (11/16/09), Federal Protective Service, 500 12th Street, SW, Washington, DC 20536, Telephone 1–866– DHS-2-ICE
Homeland Security Federal Protective Service officer John Doe 3 (11/016/09), Federal Protective Service, 500 12th Street, SW, Washington, DC 20536, Telephone 1–866– DHS-2-ICE
Homeland Security Federal Protective Service officer John Doe 1 (11/23/09), Federal Protective Service, 500 12th Street, SW, Washington, DC 20536, Telephone 1–866– DHS-2-ICE
Homeland Security Federal Protective Service officer John Doe 2 (11/23/09), Federal Protective Service, 500 12th Street, SW, Washington, DC 20536, Telephone 1–866– DHS-2-ICE
Homeland Security Federal Protective Service officer John Doe 3 (11/023/09), Federal Protective Service, 500 12th Street, SW, Washington, DC 20536, Telephone 1–866– DHS-2-ICE
Alan D. Aviles, President & Chief Executive. New York City Health and Hospitals Corporation. 125 Worth Street, New York, New York 10013, Telephone not listed
Saint Vincent’s Manhattan Medical Center, Henry J. Amoroso, President and Chief Executive Officer, 170 West 12th Street, New York, NY 10011, Telephone 212–604–7000
Saint Vincent’s Manhattan Medical Center ambulance driver (10/19/09) 170 West 12th Street, New York, NY 10011, Telephone 212–604–7000
Saint Vincent’s Manhattan Medical Center ambulance Nurse 1 (10/19/09) 170 West 12th Street, New York, NY 10011, Telephone 212–604–7000
Saint Vincent’s Manhattan Medical Center ambulance Nurse 2 (10/19/09), 170 West 12th Street, New York, NY 10011, Telephone 212–604–7000
Saint Vincent’s Manhattan Medical Center admitting nurse (10/19/09) 170 West 12th Street, New York, NY 10011, Telephone 212-604-7000
Saint Vincent’s Manhattan Medical Center Psychiatrist (10/19/09), 170 West 12th Street, New York, NY 10011, Telephone 212–504–7000
Bellevue Hospital Center Ambulance Driver (10/26/09) Bellevue Hospital Center, Department of Psychiatry, Unit: CPEP462 First Avenue, New York, NY 10016–4811, Room 19E1, Telephone 212–562–4961
Bellevue Hospital Center Ambulance Nurse 1 (10/26/09) Bellevue Hospital Center, Department of Psychiatry, Unit: CPEP462 First Avenue, New York, NY 10016–4811, Room 19E1, Telephone 212–562–4961
Bellevue Hospital Center Ambulance Nurse 2 (10/26/09) Bellevue Hospital Center, Department of Psychiatry, Unit: CPEP462 First Avenue, New York, NY 10016–4811, Room 19E1, Telephone 212–562–4961
Bellevue Hospital Center Admitting Nurse (10/26/09) Bellevue Hospital Center, Department of Psychiatry, Unit: CPEP462 First Avenue, New York, NY 10016–4811, Room 19E1, Telephone 212–562–4961
Bellevue Hospital Center Ambulance Driver (11/02/09) Bellevue Hospital Center, Department of Psychiatry, Unit: CPEP462 First Avenue, New York, NY 10016–4811, Room 19E1, Telephone 212–562–4961
Bellevue Hospital Center Ambulance Nurse 1 (11/02/09) Bellevue Hospital Center, Department of Psychiatry, Unit: CPEP462 First Avenue, New York, NY 10016–4811, Room 19E1, Telephone 212–562–4961
Bellevue Hospital Center Ambulance Nurse 2 (11/02/09) Bellevue Hospital Center, Department of Psychiatry, Unit: CPEP462 First Avenue, New York, NY 10016–4811, Room 19E1, Telephone 212–562–4961
Bellevue Hospital Center Admitting Nurse (11/02/09) Bellevue Hospital Center, Department of Psychiatry, Unit: CPEP462 First Avenue, New York, NY 10016–4811, Room 19E1, Telephone 212–562–4961
Bellevue Hospital Center Psychiatrist Dr. Lowe, Bellevue Hospital Center, Department of Psychiatry, Unit: CPEP462 First Avenue, New York, NY 10016–4811, Room 19E1, Telephone 212–562–4961
Bellevue Hospital Center Psychiatrist Dr. Elizabeth Steicker Bellevue Hospital Center, Department of Psychiatry, Unit: CPEP462 First Avenue, New York, NY 10016–4811, Room 19E1, Telephone 212–562–4961
Bellevue Hospital Center Dr. Megan C. Poe Bellevue Hospital Center, Department of Psychiatry, Unit: CPEP462 First Avenue, New York, NY 10016–4811, Room 19E1, Telephone 212–562–4961
Bellevue Hospital Center Social Worker Kari Wolf LCSW-R Bellevue Hospital Center, Department of Psychiatry, Unit: CPEP462 First Avenue, New York, NY 10016–4811, Room 19E1, Telephone 212 -562 7665
Bellevue Hospital Center Psychiatric Assistant 1 (11/02/09) Bellevue Hospital Center, Department of Psychiatry, Unit: CPEP462 First Avenue, New York, NY 10016–4811, Room 19E1, Telephone 212–562–4961
Bellevue Hospital Center Psychiatric Assistant 2 (11/02/09) Bellevue Hospital Center, Department of Psychiatry, Unit: CPEP462 First Avenue, New York, NY 10016–4811, Room 19E1, Telephone 212–562–4961
Bellevue Hospital Center Psychiatric Assistant 3 (11/02/09) Bellevue Hospital Center, Department of Psychiatry, Unit: CPEP462 First Avenue, New York, NY 10016–4811, Room 19E1, Telephone 212–562–4961
Bellevue Hospital Center Psychiatric Assistant 4 (11/02/09) Bellevue Hospital Center, Department of Psychiatry, Unit: CPEP462 First Avenue, New York, NY 10016–4811, Room 19E1, Telephone 212–562–4961
Bellevue Hospital Center Nurse who administered injection (11/02/09) Bellevue Hospital Center, Department of Psychiatry, Unit: CPEP462 First Avenue, New York, NY 10016–4811, Room 19E1, Telephone 212–562–4961
MD Farque, Department of Finance, Bellevue Hospital Center, First Avenue and 27th Street, New York, NY 19916, Telephone 212–562–4141
New York City Fire Department, Nicholas Scoppetta, Fire Commissioner, 1 Chase Manhattan Plaza, New York, NY 10005, Telephone: 212–809–4887
New York City Fire Department Medics John Does 1 & 2, 1 Chase Manhattan Plaza,. New York, NY 10005, Telephone: 212–809–4887
New York Downtown Hospital, Jeffrey Menkes, President and Chief Executive Officer, 170 William Street, New York, NY 10038-2649, (212) 346-7981
New York Downtown Hospital, Emergency Services, 170 William Street, New York, NY 10038-2649, (212) 346-7981, Ambulance Driver
New York Downtown Hospital, Emergency Services, 170 William Street, New York, NY 10038-2649, (212) 346-7981, ambulance attendants 1 & 2
New York Downtown Hospital, Emergency Services, 170 William Street, New York, NY 10038-2649, (212) 346-7981, Admitting nurses 1, 2, 3, & 4
U. S. Central Violations Bureau, Michael F. Oakes, Divisional Office Manager, U.S. District Clerk's Office, 655 East Durango Blvd., Room G65, San Antonio, Texas 78206, (210) 472-6550
John Doe, U. S. Magistrate, U. S. Courthouse, 500 Pearl Street, New York, NY 10007, (202) 815–0136 ext. 4051
Assistant U. S. Attorney Shawn Buckley, One St. Andrews Plaza, New York, NY 10007, (212) 637-2200

1.0 Victim, Accused, Crimes and Dates

Comes now Julian Heicklen, hereinafter “Victim”, and brings charges against Department of Homeland Security Secretary Janet Napolitano, Officer C. Barnes #245, Officer Wong #213, Officer Roomnd #234, Officer John Doe 1, Officer John Doe 2, Officer John Doe 3, Officer John Doe 4, Officer John Doe 5, Officer John Doe 6, Officer John Doe 7, Officer John Doe 8, Ambulance Driver 1, Ambulance Nurse 1, Ambulance Nurse 2, Admitting Nurse 1, Saint Vincent’s Manhattan Medical Center Psychiatrist, Bellevue Hospital Center Ambulance Driver 2, Bellevue Hospital Center Ambulance Nurse 3, Bellevue Hospital Center Ambulance Nurse 4, Bellevue Hospital Center Admitting Nurse2, Bellevue Hospital Center Ambulance Driver 3, Bellevue Hospital Center Ambulance Nurse 5, Bellevue Hospital Center Ambulance Nurse 6, Psychiatrist Dr. Lowe, Psychiatrist Dr. Elizabeth Steicker, Dr. Megan C. Poe, Social Worker Kari Wolf, Psychiatric Assistant 1, Psychiatric Assistant 2, Psychiatric Assistant 3, Psychiatric Assistant 4, Bellevue Hospital Center Nurse who administered injection, MD Farque, Department of Finance, Bellevue Hospital Center, New York City Fire Department, Nicholas Scoppetta, (Fire Commissioner 1) and New York City Fire Department Medics John Does 1 & 2. All of the accused above shall collectively be known as “Defendants” below.

1.1 Defendants collectively and individual defendants named herein within their individual capacities subjected the Victim to a repeated series of abuses.

1.2 All actors were openly engaged in a conspiracy to deny Victim his liberty while aiding, abetting and failing to report said acts, making them accessories after the fact. Secretary Napolitano is criminally liable under the doctrine of respondeat superior (Layman v. Alexander, 294 F.Supp.2d 784). Defendants also acted under color of law in criminal negligence to the known detriment of Victim and denial of his right to due process after arrest by assaulting and abducting him (Screws vs US, 325 US 107). Further, "If a man intentionally adopts certain conduct in certain circumstances known to him, and that conduct is forbidden by the law under those circumstances, he intentionally breaks the law in the only sense in which the law ever considers intent." (Ellis v. United States, 206 U. S. 246, 206 U. S. 257).

2.0 Facts and Chronology, First Incident

2.1
Victim arrived at he U. S. District Court for the Southern District of New York, 500 Pearl Street in Manhattan at 11:45 am on Monday, October 19, 2009. Victim stood in the middle of the plaza in front of the courthouse holding a sign which said “JURY INFO” (Copy Exhibit A). Victim started to pass out the Fully Informed Jury Association (FIJA) pamphlet entitled “A Primer for Prospective Jurors” (Exhibit B) along with his flyer (Exhibit C).

2.2 Within a few minutes, a Homeland Security police officer approached Victim, accepted a pamphlet, informed Victim that he cannot distribute literature on federal property without a permit, and asked Victim to leave. Victim disagreed with him and said that he would not leave. The officer left momentarily but soon returned with another officer, and the conversation was repeated.

2.3
Then one officer left the scene, but the other officer stayed and said that the other officer was checking in with headquarters. In a few minutes, he left also. Victim continued distributing literature.

2.4 At 12:10 pm two federal marshals exited the court house and approached Victim. They accepted Victim literature and informed him that he could not distribute literature on federal property without a permit. Victim stated that he had a permit, and removed his pocket U. S. Constitution from his pocket. The federal marshals informed Victim that they had the same document. Victim told them to read Amendment I. They returned to the courthouse. Victim continued his activity until all but one of the FIJA pamphlets had been distributed.

2.5 At 12:18 pm, Victim noticed the two Homeland Security officers across the street. Soon, they were joined by a third officer, who apparently was in command. They crossed the street at about 12:30 pm and approached Victim. The third officer stated that he did not want to arrest Victim, but that Victim had to move. There followed some discussion. Victim was asked for his name, but refused to provide it.

2.6 One of the other officers said that Victim was being confrontational. Victim reminded him that they approached Victim, and that they were the ones being confrontational. The supervising officer asked Victim to move over to the side, where they could discuss the issue. Victim refused. One of the other officers grabbed Victim’s arm in violation of 18 USC § 351(e). Assault and New York Penal Code § 135.05 Unlawful imprisonment in the second degree. Victim asked if he was under arrest, and was informed no. Then Victim demanded that the officer holding his arm let go, which he did. Officers also violated 18 USC § 241 Conspiracy against rights, 18 USC § 242 Deprivation of rights under color of law, and New York Penal Code § 135.60 Coercion in the second degree, by attempting to compel victim to cease exercising his rights under threat of force. They also acted in violation of 18 USC § 371 Conspiracy to commit offense and New York Penal Code § 105.05 Conspiracy in the fifth degree. They also violated 18 USC § 286 Conspiracy to defraud the Government with respect to claims and New York Penal Code § 250.35 Failing to report criminal communications by failing to inform the proper authority of these criminal acts.

2.7 Victim was then placed under false arrest, fell to the ground and remained limp and silent. He was unlawfully handcuffed behind his back and officers searched all his possessions, including what was in his clothes pockets, but not his clothes, which were removed by the police in violation of 18 USC § 2236 Searches without warrant. Victim was not notified for what probable cause existed for any arrest, nor was any Miranda warning read to him in violation of 18 USC § 242 Deprivation of rights under color of law.

2.8 Officer also made no attempt to bring him before a magistrate in violation of 18 USC § 242 Deprivation of rights under color of law and 18 USC § 286 Conspiracy to defraud the Government with respect to claims. Officers acted in violation of New York Penal Code § 165.40 Criminal possession of stolen property in the fifth degree and 160.05 Robbery in the third degree. The unlawful taking of Victim’s property with the design to inconvenience and harass him constituted an act in violation of 18 USC § 242 Deprivation of rights under color of law, 18 USC § 2236 Searches without warrant, and New York Penal Code § 145.14 Criminal tampering in the third degree.

2.9
New York Code provides the following instruction to officers making a warrantless arrest – § 140.20    Arrest without a warrant; procedure after arrest by police officer.
1. Upon arresting a person without a warrant, a police officer, after performing without unnecessary delay all recording, fingerprinting and other preliminary police duties required in the particular case, must except as otherwise provided in this section, without unnecessary delay bring the arrested person or cause him to be brought before a local criminal court and file therewith an appropriate accusatory instrument charging him with the offense or offenses in question. The arrested person must be brought to the particular local criminal court, or to one of them if there be more than one, designated in section 100.55 as an appropriate court for commencement of the particular action; except that:
(a) If the arrest is for an offense other than a class A, B, C or D felony or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19 or 215.56 of the penal law committed in a town, but not in a village thereof having a village court, and the town court of such town is not available at the time, the arrested person may be brought before the local criminal court of any village within such town or, any adjoining town, village embraced in whole or in part by such adjoining town, or city of the same county; and
(b)    If the arrest is for an offense other than a class A, B, C or D felony or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19 or 215.56 of the penal law committed in a village having a village court and such court is not available at the time, the arrested person may be brought before the town court of the town embracing such village or any other village court within such town, or, if such town or village court is not available either, before the local criminal court of any adjoining town, village embraced in whole or in part by such adjoining town, or city of the same county; and
(c) If the arrest is for an offense committed in a city, and the city court thereof is not available at the time, the arrested person may be brought before the local criminal court of any adjoining town or village, or village court embraced by an adjoining town, within the same county as such city; and
(d) If the arrest is for a traffic infraction or for a misdemeanor relating to traffic, the police officer may, instead of bringing the arrested person before the local criminal court of the political subdivision or locality in which the offense was allegedly committed, bring him before the local criminal court of the same county nearest available by highway travel to the point of arrest.
2. If the arrest is for an offense other than a class A, B, C or D felony or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19 or 215.56 of the penal law, the arrested person need not be brought before a local criminal court as provided in subdivision one, and the procedure may instead be as follows:
(a) A police officer may issue and serve an appearance ticket upon the arrested person and release him from custody, as prescribed in subdivision two of section 150.20; or
(b) The desk officer in charge at a police station, county jail or police headquarters, or any of his superior officers, may, in such place fix pre-arraignment bail and, upon deposit thereof, issue and serve an appearance ticket upon the arrested person and release him from custody, as prescribed in section 150.30.
3. If
(a) the arrest is for an offense other than a class A, B, C or D felony or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19 or 215.56 of the penal law, and (b) owing to unavailability of a local criminal court the arresting police officer is unable to bring the arrested person before such a court with reasonable promptness, either an appearance ticket must be served unconditionally upon the arrested person or pre-arraignment bail must be fixed, as prescribed in subdivision two. If pre-arraignment bail is fixed but not posted, such arrested person may be temporarily held in custody but must be brought before a local criminal court without unnecessary delay.    Nothing contained in this subdivision requires a police officer to serve an appearance ticket upon an arrested person or release him from custody at a time when such person appears to be under the influence of alcohol, narcotics or other drug to the degree that he may endanger himself or other persons.
4. If after arresting a person, for any offense, a police officer upon further investigation or inquiry determines or is satisfied that there is not reasonable cause to believe that the arrested person committed such offense or any other offense based upon the conduct in question, he need not follow any of the procedures prescribed in subdivisions one, two and three, but must immediately release such person from custody.
5. Before service of an appearance ticket upon an arrested person pursuant to subdivision two or three, the issuing police officer must, if the offense designated in such appearance ticket is one of those specified in subdivision one of section 160.10, cause such person to be fingerprinted in the same manner as would be required were no appearance ticket to be issued or served.
6. Upon arresting a juvenile offender without a warrant, the police officer shall immediately notify the parent or other person legally responsible for his care or the person with whom he is domiciled, that the juvenile offender has been arrested, and the location of the facility where he is being detained.

2.10 Officers called an ambulance, knowing that no medical emergency existed, in violation of 18 USC § 1035 False statements relating to health care matters, 18 USC § 1038 False information and hoaxes, and New York Penal Code, § 240.50 Falsely reporting an incident in the third degree and obstructing the ability of those who arrived at the scene to attend to other, actual medical emergencies in violation of New York Penal Code § 195.16 Obstructing emergency medical services. Medical staff also violated New York Penal Code § 250.35 Failing to report criminal communications by failing to inform the proper authority of these criminal acts. Officers aided medical staff in their acts and vice versa in violation of § 115.00 Criminal facilitation in the fourth degree.

2.11 The ambulance arrived at about 12:50 pm.Victim was transferred to a gurney and put into the ambulance. The police unlawfully transferred custody of Victim to the ambulance crew, who in turn conspired to and did engage in violations of 18 USC § 3 Accessory after the fact, 18 USC § 287 False, fictitious or fraudulent claims, 18 USC § 371 Conspiracy to commit offense, and New York Penal Code § 135.05 Unlawful imprisonment in the second degree. Victim was taken to and unlawfully detained in Saint Vincent Hospital in Manhattan in violation of 18 USC § 3 Accessory after the fact.

2.12 Victim arrived at the hospital at 1:15 pm and laid on a bed. Several doctors and nurses examined him and checked his vital signs. Victim did not move a muscle or utter a sound from the time of his unlawful arrest and illegal detention in violation of 18 USC § 3 Accessory after the fact and New York Penal Code § 135.05 Unlawful imprisonment in the second degree until 5:00 pm. During Victim’s unlawful imprisonment, the nurses pinched Victim’s nipples in an effort to get him to talk in violation of 18. USC § 351(e). Assault. Medical staff also violated New York Penal Code § 250.35 Failing to report criminal communications by failing to inform the proper authority of these criminal acts.

2.13 At 5:00 pm, a psychiatrist approached Victim for an interview. At this point, Victim responded to most of the psychiatrist’s questions. Victim did not provide his name or address. The psychiatrist decided that Victim was a harmless nut and released him with instructions to attend a psychiatric clinic. Psychiatrist was aware that Victim was unlawfully imprisoned, and knew that Victim’s attendance of a psychiatric clinic would result in revenue to a third party, constituting an act in violation of New York Penal Code § 460.20 Enterprise corruption. Psychiatrist also violated New York Penal Code § 250.35 Failing to report criminal communications by failing to inform the proper authority of these criminal acts.

2.14 Victim signed his name as Ayn Rand on the hospital release papers, recovered most of his property, and left the hospital for home at 5:50 pm. However, the police had confiscated Victim’s sign, which read JURY INFO (Copy in Exhibit A) Police remained in possession of stolen property. The unlawful taking of Victim’s property with the design to inconvenience and harass him constituted an act in violation of 18 USC § 872 Extortion by officers or employees of the United States and New York Penal Code § 145.14 Criminal tampering in the third degree.

3.0 Facts and Chronology, Second Incident

3.1
On October 26, 2009, Victim arrived at the U. S. District Court for the Southern District of New York, 500 Pearl Street in Manhattan at 11:45 am on Monday, October 26, 2009. Victim stood in the middle of the plaza in front of the courthouse holding a sign which said “JURY INFO” (Copy in Exhibit A). Victim started to pass out the FIJA pamphlet entitled “A Primer for Prospective Jurors” (Exhibit B) along with his flyer (Exhibit C).

3.2 Immediately, the three Department of Homeland Security Officers of the week before approached him and told him that he could not pass out that material. Victim informed them that he could. They said that he could not and that Victim had quoted the wrong citation in his e-mail distribution of last week. They had checked the FBI records to find Victim’s identity and accessed his web page. They said that if Victim distributed the FIJA pamphlets, he would be put under arrest. Victim asked for the statute that they use. They said 41 CFR Sec 102–74.415(c) (Exhibit D), acting under color of law in violation of 18 USC § 242 Deprivation of rights under color of law, New York Penal Code § 135.60 Coercion in the second degree, and New York Penal Code § 195.00 Official misconduct, by attempting to compel victim to cease exercising his rights under threat of force. Officers had full cognizance that 41 CFR Sec 102–74.415(c) granted them no authority to make such a demand upon the victim, thus violating 18 USC § 287 False, fictitious or fraudulent claims. They also violated New York Penal Code § 250.35 Failing to report criminal communications by failing to inform the proper authority of these criminal acts. Officers wore deadly weapons at the time of this repeated act, this constituting a violation of New York Penal Code § 120.14 Menacing in the second degree.

3.3 Victim asked officers to identify themselves and they did. The officer in charge was C. Barnes #245. The other two were Wong #213 and Roomnd #234.They work for the Federal Protection Service of the Department of Homeland Security.

3.4 Victim started to distribute a pamphlet, but the officers seized it and Victim’s sign which read JURY INFO (Exhibit A) in violation of 18 USC §242 Deprivation of rights under color of law, New York Penal Code § 165.40 Criminal possession of stolen property in the fifth degree and New York Penal Code 160.05 Robbery in the third degree. They then placed Victim under unlawful arrest in violation of 18 USC § 242 Deprivation of rights under color of law and New York Penal Code § 135.05 Unlawful imprisonment in the second degree. The unlawful nature of this arrest is again confirmed by a complete failure to immediately bring Victim before a magistrate. Victim fell to the ground and remained motionless for several minutes. C. Barnes #245, Wong #213 and Roomnd #234 again exhibited the conduct of rogue public servants acting as judge, jury and executioner. The unlawful taking of Victim’s property with the design to inconvenience and harass him constituted an act in violation of 18 USC § 2236 Searches without warrant and New York Penal Code § 145.14 Criminal tampering in the third degree.

3.5
Nothing happened, so Victim got up and started to distribute literature again. The police officers had called for an ambulance.They and the ambulance personnel approached Victim. Victim read to them the First Amendment of the U. S. Constitution. Victim asked them what part of “Congress shall make no law” they did not understand. They said that Victim should take it up with the judge, although officers made no attempt to immediately bring Victim before one. They were arresting Victim under the rule that they had stated. Thus they violated 18 USC § 242 Deprivation of rights under color of law

3.6 Victim started to pass out literature again, but the police seized all of his pamphlets and placed him under arrest again. Victim fell to the ground. Officer C. Barnes #245 gave Victim two citations, one for Unlawful Distribution of Flyers on Federal Property 410 CFR, sub C Section 102–74.415(c) (Exhibit E) and one for Impeding/Opposing Federal Officer, 18 U.S.C. §111(A) (Exhibit F). Officer C. Barnes also gave Victim a property receipt (Exhibit G) for his two signs and the pamphlets that they had unlawfully taken and held in violation of 18 USC § 872 Extortion by officers or employees of the United States and New York Penal Code § 165.40 Criminal possession of stolen property in the fifth degree. C. Barnes violated New York Penal Code §175.20 Tampering with public records in the second degree by falsely issuing citations he knew to be false. Officers also acted in violation of 18 USC § 371 Conspiracy to commit offense and New York Penal code §105.05 Conspiracy in the fifth degree.

3.7 Officers called an ambulance, knowing that no medical emergency existed, in violation of 18 USC § 1035 False statements relating to health care matters and New York Penal Code, § 240.50 Falsely reporting an incident in the third degree and obstructing the ability of those who arrived at the scene to attend to other, actual medical emergencies in violation of New York Penal code § 195.16 Obstructing emergency medical services. Victim was placed on a gurney and put in the ambulance. He was again unlawfully imprisoned in violation of 18 USC § 1201 Kidnapping and New York Penal Code § 135.05 Unlawful imprisonment in the second degree and taken to Bellevue Psychiatric Hospital. Ambulance crew and medical personnel engaged in this act and concealed the conduct of the officers at the court house. Medical staff also violated 18 USC § 286 Conspiracy to defraud the Government with respect to claims and New York Penal Code § 250.35 Failing to report criminal communications by failing to inform the proper authority of these criminal acts. Officers aided medical staff in their acts and vice versa in violation of 18 USC § 286 Conspiracy to defraud the Government with respect to claims, 18 USC § 371 Conspiracy to commit offense, and New York Penal code § 115.00 Criminal facilitation in the fourth degree.

3.8 Victim arrived at hospital. Victim did not talk to any of the personnel, including the psychiatrist. They left Victim alone for awhile. The police left. After awhile the psychiatrist returned and read a copy of Victims flyer (Exhibit C). The psychiatrist’s comment was that this was a free speech case and he agreed with Victim. He ordered that Victim be discharged, thereby releasing him from his unlawful detention. Medical staff also violated 18 USC § 3 Accessory after the fact and New York Penal Code § 250.35 Failing to report criminal communications by failing to inform the proper authority of these criminal acts.

4.0 Facts and Chronology, Third Incident

4.1 Victim arrived at the U. S. District Court for the Southern District of New York, 500 Pearl Street in Manhattan at 11:45 am on Monday, November 2, 2009. Victim stood in the middle of the plaza in front of the courthouse. Victim did not have his JURY INFO sign, because he did not have the time to replace the one that was seized the previous week and never returned. Victim started to pass out the FIJA pamphlet entitled “A Primer for Prospective Jurors” (Exhibit B) along with his flyer (Exhibit C).

4.2 At 12:00 noon, a Homeland Security police officer approached Victim and asked for a copy of the pamphlet, which he gave to him. The police officer informed Victim that he could not pass out literature on federal property. Victim assured him that he could. The police officer left without identifying himself. At 12:21 pm, two other Homeland Security police officers approached Victim, who requested them to identify themselves, but they refused. These armed men ordered Victim to stop in violation of 18 USC § 242 Deprivation of rights under color of law, New York Penal Code §135.60 Coercion in the second degree and New York Penal Code § 195.00 Official misconduct, but Victim continued. Then one of them said that Victim was under arrest, get his hands behind his back and handcuff him in violation of 18 USC § 241 Conspiracy against rights, 18 USC § 242 Deprivation of rights under color of law and New York Penal Code § 135.05 Unlawful imprisonment in the second degree. The unlawful nature of this arrest is again confirmed by a complete failure to immediately bring Victim before a magistrate. Immediately, Victim fell to the ground face down.

4.3 Victim remained in that position for over an hour, before officers again acted in violation of New York Penal Code, § 240.50 Falsely reporting an incident in the third degree and obstructing the ability of those who arrived at the scene to attend to other, actual medical emergencies in violation of 18 USC §286 Conspiracy to defraud the Government with respect to claims, 18 USC § 287 False, fictitious or fraudulent claims, 18 USC § 1035 False statements relating to health care matters, and New York Penal Code § 195.16 Obstructing emergency medical services by summoning an ambulance. Victim was lifted onto a gurney and strapped securely. Victim was never handcuffed nor received a citation or summons. It was an out and out kidnapping, and medical personnel again conspired in continuing his unlawful imprisonment in violation of 18 USC § 371 Conspiracy to commit offense, New York Penal Code § 135.05 Unlawful imprisonment in the second degree and New York Penal Code § 105.05 Conspiracy in the fifth degree. Officers also violated New York Penal Code § 250.35 Failing to report criminal communications by failing to inform the proper authority of these criminal acts. Officers wore deadly weapons at the time of this repeated act, this constituting a violation of New York Penal Code § 120.14 Menacing in the second degree. Officers aided medical staff in their acts and vice versa in violation of § 115.00 Criminal facilitation in the fourth degree.

4.4 Victim was taken to Bellevue Psychiatric Hospital and arrived at about 2:00 pm. Victim gave no response to any questions of either the police or the hospital personnel during his humiliating captivity. The nurses pinched Victim’s nipples in an effort to get him to talk in violation of 18. USC § 351(e). Assault. All Victim’s personal belongs including sneakers and a belt were taken from him 18 USC § 2236 Searches without warrant.

4.5 After about 4:00 pm, Victim made a fuss to see someone in charge, so that he could either be released or brought in front of a magistrate. Victim was told that he was not under arrest, but that the hospital could keep him for 72 hours, indicating that hospital personnel knew themselves to be in violation of New York Penal Code § 135.05 Unlawful imprisonment in the second degree and § 105.05 Conspiracy in the fifth degree by continuing his unlawful captivity. Medical staff also violated New York Penal Code § 250.35 Failing to report criminal communications by failing to inform the proper authority of these criminal acts.

4.6 Victim’s requests to be released or immediately brought before a magistrate became more persistent. Against Victim’s wishes four attendants grabbed him, and a nurse gave Victim a shot of thorazine to calm him down in violation of 18. USC § 351(e). Assault and New York Penal code § 120.05(5) Assault in the second degree. Medical staff also violated New York Penal Code § 250.35 Failing to report criminal communications by failing to inform the proper authority of these criminal acts.

4.7 Dr. Lowe is the head psychiatrist for the Bellevue unit in charge. He made it a point to see that Victim was not interviewed the first day. Since victim was confined for more than 12 hours, the hospiral staff was guilty of 18 USC § 1201 Kidnapping. On Tuesday morning Victim was interviewed by psychiatrist Dr. Elizabeth Steicker and social worker Kari Wolf. After a calm discussion with them, Victim was released from his unlawful imprisonment at 11:55 am. A set of follow-up instructions was given to him (Exhibit H). Medical staff also violated 18 USC § 3 Accessory after the fact and New York Penal Code § 250.35 Failing to report criminal communications by failing to inform the proper authority of these criminal acts.

5.0 Facts and Chronology, Fourth Incident

5.1 Victim arrived at he U.S. District Court for the Southern District of New York, 500 Pearl Street in Manhattan at 11:45 am on Monday, November 9, 2009. Victim stood in the middle of the plaza in front of the courthouse holding a sign which said “JURY INFO” (Exhibit A). Victim started to pass out the FIJA pamphlet entitled “A Primer for Prospective Jurors” (Exhibit B) along with his flyer (Exhibit C). A freelance reporter form Free Talk Live was present.

5.2 At 11:48, Victim was approached by two federal marshals, who identified themselves as Musumeci and Sullivan. They would not give first names and said that they had no badge numbers. They informed Victim that he had to leave. Victim objected. They said that they would have to report Victim and left.

5.3 Victim passed out about 15 flyers, when three police from the Department of Homeland Security approached him at about 12:20 pm. The leader was Victim’s acquaintance Officer Barnes from two weeks before. After an exchange of the usual pleasantries, Officer Barnes placed Victim under arrest in violation of 18 USC § 242 Deprivation of rights under color of law, and Victim fell to the ground. Officer Barnes confiscated Victim’s remaining five brochures and his JURY INFO sign in violation of 18 USC § 2236 Searches without warrant. He left a property receipt (Exhibit I) and a citation 41 CFR, Sub C Section 102 #74.415(c) (Exhibit J), the same as two weeks earlier in violation of 18 USC §   241 Conspiracy against rights. Officers again proceeded to act in violation of New York Penal Code § 165.40 Criminal possession of stolen property in the fifth degree and 160.05 Robbery in the third degree, § 250.35 Failing to report criminal communications, § 135.05 Unlawful imprisonment in the second degree and § 105.05 Conspiracy in the fifth degree, § 135.60 Coercion in the second degree and § 195.00 Official misconduct. The unlawful taking of Victim’s property with the design to inconvenience and harass him constituted an act in violation of New York Penal Code § 145.14 Criminal tampering in the third degree.

5.4 During the exchange with the police, the Free Talk Live reporter videotaped the event and interviewed Victim until he was stopped and cited by the police under 41 CFR, Subsection C, §102–74.420 for photographing without a permit . They confiscated his film in violation of 18 USC § 2236 Searches without warrant. The text of 41 CFR, Subsection C, §102–74.420 is given in Exhibit K, and the citation is given in Exhibit L. Officers again engaged in additional, separate violations of 18 USC § 242 Deprivation of rights under color of law, 18 USC § 287 False, fictitious or fraudulent claims, New York Penal Code § 165.40 Criminal possession of stolen property in the fifth degree and 160.05 Robbery in the third degree, § 250.35 Failing to report criminal communications, § 135.05 Unlawful imprisonment in the second degree and § 105.05 Conspiracy in the fifth degree, § 135.60 Coercion in the second degree and § 195.00 Official misconduct. Officers wore deadly weapons at the time of this repeated act, this constituting a violation of New York Penal Code § 120.14 Menacing in the second degree. At about 12:30 pm, while Victim was still on the ground, Joel Kupferman, a lawyer and Executive Director of the New York Environmental & Justice Project and an NBC reporter appeared and observed these violations. The police left at 12:35 pm. Victim stood up and the event was over.

6.0 Facts and Chronology, Fifth Incident

6.1 Victim arrived at he U. S. District Court for the Southern District of New York, 500 Pearl Street in Manhattan at 11:45 am on Monday, November 16, 2009. Victim stood in the middle of the plaza in front of the courthouse holding a sign which said “JURY INFO” (Exhibit A). Victim started to pass out the FIJA pamphlet entitled “A Primer for Prospective Jurors” (Exhibit B) along with his flyer Exhibit C). Two photographers, whom Victim does not know, were present.

6.2 At 11:48 am, Victim was approached by two federal marshals, who informed 18
him that he had to leave. Victim demurred. They said that they would have to report Victim in violation of New York Penal Code § 135.60 Coercion in the second degree and § 195.00 Official misconduct and left.

6.3 Victim passed out about 8 flyers, when three police officers from the Department of Homeland Security approached him at about 11:58 am. The leader was Victim’s acquaintance Officer Barnes from previous encounters.

6.4 After the usual pleasantries, Officer Barnes placed Victim under arrest, and he fell to the ground. Officer Barnes confiscated Victim’s remaining brochures and his JURY INFO sign in violation of 18 USC § 2236 Searches without warrant and 18 USC § 242 Deprivation of rights under color of law. He left a property receipt (Exhibit M) and a citation 41 CFR, Sub C Section 102 #74.415(c) (Exhibit N), the same as previously. Officer Barnes released the Victim from unlawful captivity at 12:05 pm, and the police left the scene. Officers again engaged in additional, separate violations of New York Penal Code § 165.40 Criminal possession of stolen property in the fifth degree and 160.05 Robbery in the third degree, § 250.35 Failing to report criminal communications, § 135.05 Unlawful imprisonment in the second degree and § 105.05 Conspiracy in the fifth degree, § 135.60 Coercion in the second degree and § 195.00 Official misconduct. Officers wore deadly weapons at the time of this repeated act, this constituting a violation of New York Penal Code § 120.14 Menacing in the second degree. The unlawful taking of Victim’s property with the design to inconvenience and harass him constituted an act in violation of New York Penal Code § 145.14 Criminal tampering in the third degree.

6.5 The Homeland Security Police also approached the photographers. Apparently one left, but the other would not. He was taking pictures of Victim’s arrest. He was placed under arrest as officer engaged in violations of 18 USC § 242 Deprivation of rights under color of law, New York Penal Code § 250.35 Failing to report criminal communications, § 135.05 Unlawful imprisonment in the second degree and § 105.05 Conspiracy in the fifth degree, § 135.60 Coercion in the second degree and § 195.00 Official misconduct. However, he apparently had a permit to photograph a trial, which was the reason he was there. He identified himself as a photographer for the “Post.” He was not cited nor any of his property confiscated.

6.6 Another pedestrian was standing about 20 feet away observing events. The police approached him and told him that he had to leave, constituting additional violations of 18 USC § 242 Deprivation of rights under color of law, New York Penal laws § 250.35 Failing to report criminal communications, and § 105.05 Conspiracy in the fifth degree, § 135.60 Coercion in the second degree and § 195.00 Official misconduct in violation of New York Penal Code. However, apparently he left and was not cited.

7.0 Facts and Chronology, Sixth Incident

7.1
Victim arrived at the U. S. District Court for the Southern District of New York, 500 Pearl Street in Manhattan at 11:45 am on Monday, November 23, 2009. Victim stood in the middle of the plaza in front of the courthouse holding a sign which said “JURY INFO” (Exhibit A). Victim passed out 10 of the FIJA pamphlet entitled “True or False: Factual Information about Jury Service” (Exhibit O) along with Victim’s flyer (Exhibit C).

7.2 At 12:10 pm three Homeland Security police officers approached Victim. Victim asked them to identify themselves, but they did not. Instead they asked Victim who he was. Victim responded that he did not have to identify himself, but that they did.

7.3 Victim reached into his bag to obtain his clipboard. One of the police officers grabbed Victim’s arm and placed him under arrest in violation of 18. USC § 351(e). Assault and 18 USC §242 Deprivation of rights under color of law. Victim fell to the ground and lay still on the cold ground for about 1/2 hour and said nothing. Victim was not handcuffed. The police confiscated Victim’s “JURY INFO” sign (Exhibit A) and his pen in violation of 18 USC § 2236 Searches without warrant, but not his remaining pamphlets. Victim was not issued a property receipt or a citation. Officers again proceeded to act in violation of New York Penal Code § 165.40 Criminal possession of stolen property in the fifth degree and 160.05 Robbery in the third degree, § 250.35 Failing to report criminal communications, § 135.05 Unlawful imprisonment in the second degree and § 105.05 Conspiracy in the fifth degree, § 135.60 Coercion in the second degree and § 195.00 Official misconduct. Officers wore deadly weapons at the time of this repeated act, this constituting a violation of New York Penal Code § 120.14 Menacing in the second degree. The unlawful taking of Victim’s property with the design to inconvenience and harass him constituted an act in violation of 18 USC § 287 False, fictitious or fraudulent claims, 18 USC § 371 Conspiracy to commit offense and New York Penal Code § 145.14 Criminal tampering in the third degree.

7.4 While on the ground, some individuals were taking pictures of Victim. They were informed by the police that they could not take pictures on federal property in violation of 18 USC § 242 Deprivation of rights under color of law, 18 USC § 287 False, fictitious or fraudulent claims, New York Penal Code § 105.05 Conspiracy in the fifth degree, § 135.60 Coercion in the second degree and § 195.00 Official misconduct, but at least one of them continued.

7.5 Medics from the fire department arrived and were again illegally summoned by police in violation of 18 USC § 1035 False statements relating to health care matters and New York Penal Code, § 240.50 Falsely reporting an incident in the third degree and obstructing the ability of those who arrived at the scene to attend to other, actual medical emergencies in violation of New York Penal code § 195.16 Obstructing emergency medical services by summoning an ambulance. Medical staff also violated New York Penal Code § 250.35 Failing to report criminal communications by failing to inform the proper authority of these criminal acts. Medical staff then asked Victim questions to which he did not respond. In response, they pounded on Victim’s chest and shoulders to try to get him to respond in violation of 18. USC § 351(e). Assault, New York Penal Code § 120.05 Assault in the second degree and in a conspiracy to do so, in violation of 18 USC § 241 Conspiracy against rights and New York Penal Code § 105.05 Conspiracy in the fifth degree. Unlawfully summoned medical staff then cooperated with officer’s violations of New York Penal Code § 135.05 Unlawful imprisonment in the second degree. They then searched Victim for identification, and while doing so, they willfully put a 3-inch rip in Victims pants in violation of New York Penal Code, § 245.01 Exposure of a person. Officers aided medical staff in their acts and vice versa in violation of § 115.00 Criminal facilitation in the fourth degree.

7.6 Soon an ambulance arrived. Victim was lifted onto a gurney as his unlawful imprisonment in violation of New York Penal Code § 135.05 Unlawful imprisonment in the second degree continued, and placed in the ambulance. The ambulance attendants also punched Victim in the chest and shoulders to get him to talk in violation of 18. USC § 351(e). Assault and New York Penal Code §120.05 Assault in the second degree, which did not work. They also gave Victim a medical exam against his will, knowing full well that no medical emergency existed.

7.7 Victim’s unlawful imprisonment continued, and he was transported to New York Downtown Hospital, where he was visited additional abuse and humiliation at the hand of four nurses, who stripped Victim naked down to his under shorts and gave him the most thorough medical exam of his life in violation of 18 USC § 2236 Searches without warrant. This included two intravenous injections, blood withdrawal, an electrocardiogram, stethoscope, blood pressure, pulse, eyes, and temperature. Nurses, ambulance personnel and staff in attendance knew full well that Victim was neither ill nor infirm, and failed, again, to report the criminal communications initiating such conduct in violation of New York Penal Code § 250.35 Failing to report criminal communications.

7.8 The nurses called two people listed in Victim’s cell phone to identify him, but they refused to identify Victim or themselves, as Victim had instructed them. Finally Dr. Cho came to see Victim at about 2:15 pm. Victim asked her if he still was under arrest. She said no and did not know why Victim asked. The hospital was told that the police found a man lying unconscious in the street in violation of 18 USC § 1038 False information and hoaxes. Victim informed Dr. Cho that the police lied. Dr. Cho failed to report the officer’s actions to the authorities. Victim talked to Dr. Cho, which greatly relieved everyone else. She tried to learn Victim’s identity, but Victim would not give it to her. Victim asked to be released, and she agreed.

7.9 The hospital wanted Victim’s name, address, and medical insurance information in an effort to bill Victim or his insurer for his unlawful detention and humiliation in violation of New York Penal Code § 460.20 Enterprise corruption. Victim refused to give any information. He was released at 2:35 pm and signed the release form “John Galt.”

7.10 MD Farque of Bellevue Medical Center sent Victim an undated and unsigned letter requesting the following information (Exhibit P):

a. Proof of Identity for all household members
b. Social security Card for all family members
c. Proof of address for all household members
d. Proof of income
e. Other income and resources f. School letter for children under 21 years old g. Marriage certificate h. Support letter, if unemployed and supported by somebody.

Victim refused to submit any of this information. Victim does not provide such information to criminals engaged in violation of 18 USC §152(6) Extortion and Bribery and New York Penal Code § 460.20 Enterprise corruption.Victim’s response was his letter of November 16, 2009 (Exhibit P).

8.0 Correspondence from the Central Violations Bureau

8.1. Plaintiff Heicklen received three notices from the Central Violations Bureau for the citations of 10/26/2009, 11/09/2009, and 11/16/2009, ordering him to pay a $100.00 fine for each one or to appear in front of the U S. Magistrate , U. S. Courthouse, 500 Pearl Street, Room 520, New York, NY 10007, at 10:30 am on 01/19/2010 (Exhibits R).

8.2. Plaintiff Heicklen received a fourth notice from the Central Violations Bureau for the criminal complaint for Impeding/Opposing federal Officer ordering him to appear in front of the U S. Magistrate , U. S. Courthouse, 500 Pearl Street, Room 520, New York, NY 10007, at 10:30 am on 01/19/2010 (Exhibit S).

8.4. Victim Musumeci received a notice from the Central Violations Bureau for the citation of November 9, 2009, ordering him to pay a $100.00 fine or to appear in front of the U S. Magistrate , U. S. Courthouse, 500 Pearl Street, Room 520, New York, NY 10007, at 10:30 am on 01/19/2010 (Exhibits T).

8.5 Victim Heicklen notified the Magistrate that he would ignore all four orders (Exhibit U), because they violated 18 USC §152(6) Extortion and Bribery, 18 USC § 242 Deprivation of rights under color of law, 18 USC § 287 False, fictitious or fraudulent claims, 18 USC § 872 Extortion by officers or employees of the United States.

8.6 Victim Musumeci and some Homeland security police officers appeared in the U. S. Courthouse on January 19, 2010. However neither Victim Heicklen nor Officer Barnes (the officer issuing Plaintiff Musumeci’s citation) appeared, so the hearing was postponed for a month.

8.7 Title 18, United States Code, Section 242, provides for one or more persons who, under color of law, statute, ordinance, regulation, or custom, willfully subjects any inhabitant of any state, territory, or district to the deprivation of rights, privileges, or immunities secured by the Constitution, or laws of the United States... shall be fined not more than $1,000 or imprisoned not more than one year or both.

8.8 Title 18, United States Code, Section 242, with its color of law provision, gives a cause of action to apply Title 18, United States Code, Section 241, because Section 241 needs two persons in disguise and Section 242 provides the second person under color of law as the "QUASI SUMMONS" mentioned herein implies that a magistrate is acting in concert to commit an overt act of fraud and extortion for conversion.

8.9 Further, United States Code, Title 18, section 242 provides for one or more persons who, under color of law, statute, ordinance, regulation, or custom, willfully subjects any inhabitant of any state, territory, or district to the deprivation of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States. . . shall be fined not more than $1,000 or imprisoned not more than one year or both.

"...an...officer who acts in violation of the Constitution ceases to represent the government." Brookfield Co. v Stuart, (1964) 234 F. Supp 94, 99 (U.S.D.C., Wash. D.C.) [...meaning, he is not operating in his official capacity, but in his individual capacity, unable to use his official position as a judicial officer as a shield against prosecution. - RJB]

"...an officer may be held liable in damages to any person injured in consequence of a breach of any of the duties connected with his office...The liability for nonfeasance, misfeasance, and for malfeasance in office is in his 'individual', not his official capacity..." 70 AmJur2nd Sec. 50, VII Civil Liability.
"Decency,security,andlibertyalikedemandthatgovernment officials be subjected to the same rules of conduct that are commands to the citizen. In a Government of laws, existence of the government will be imperiled if it fails to observe the law scrupulously. Crime is contagious. If government becomes a lawbreaker, it breeds contempt for the law...it invites every man to become a law unto himself...and against that pernicious doctrine, this court should resolutely set its face." Olmstead v U.S., 277 US 348, 485; 48 S. Ct. 564, 575; 72 LEd 944.

"Judges must maintain a high standard of judicial performance with particular emphasis upon conducting litigation with scrupulous fairness and impartiality." 28 USCA 2411; Pfizer v. Lord, 456 F 2d 532; cert denied 92 S Ct 2411; US Ct App MN, (1972).”

"State Judges, as well as federal, have the responsibility to respect and protect persons from violations of federal constitutional rights." Gross v. State of Illinois, 312 F 2d 257; (1963).”

"Government immunity violates the common law maxim that everyone shall have a remedy for an injury done to his person or property." Firemen’s Ins. Co. of Newark, NJ. v. Washburn County, 2 Wisc 2d 214 (1957).”

8.10 Demand is upon you to withdraw the invalid Notices and notify me within ten (10) days from receipt of this Notice and Demand or Action will commence in the United States District Court pursuant to Rule 7(a) and (c) of the criminal rules of procedure by the jurisdiction provided in Title 42, United States Code, sections 1983 and 1985; Title 28, U.S.C. sections 1331 and 1343 and others with Title 18, U.S.C., sections 241, 242, 872, 1621, 1622, and 1623 providing for the administration of the penalties.

9.0 Correspondence from Highmark Freedom Blue PFFS Blue Shield

9.1
On December 5, 2009, Plaintiff Heicklen was notified by Highmark Freedom Blue PFFS Blue Shield, Plaintiff Heicklen’s health insurance carrier, that it paid $429.97 to the FDNY Emergency Medical Service for transporting Plaintiff Heicklen on 10/26/2009 (Exhibit V).

9.2 On December 29, 2009, Plaintiff Heicklen notified Highmark Freedom Blue PFFS Blue Shield at its fraud hotline at 800–438–2478 of the fraudulent claim.

9.3 As a result, Defendant Fire Commissioner Scoppetta is charged with violation of New York Penal Law § 135.60 Coercion in the second degree, New York Penal Law § 115.00. Criminal facilitation in the fourth degree, New York Penal Law § 195.00 Official misconduct, and New York Penal Law § 460.20 Enterprise corruption.

10.0 Complicity and Criminal Negligence of Supervisors

Were this an isolated event, these charges would only extend to the actors. These repeated occurrences spanning a total of six incidents of heinous and unlawful conduct indicate illegal activity as a matter of policy. Officers and medical staff built a substantial record of criminal activity under direct supervision.

11.0 Who Must Act on Information, Ability of Victim to Present

“In this age no man can be called free who is denied the right to make contracts, sue and be sued, and to give evidence in the courts. No man is really free who is not protected, by law, from injury. So long as he is denied the right to testify against those who violate his person or his property he has no protection, and is denied the power to defend his own freedom.” Blyew v. United States (U.S 80 U.S. 581, 1871)
New York Code §100.15 specifies that the person reporting such crime “may be any person having knowledge, whether personal or upon information and belief, of the commission of the offense or offenses charged.”

11.1 § 100.15 Information, misdemeanor complaint and felony complaint; form and content.

1. An information, a misdemeanor complaint and a felony complaint must each specify the name of the court with which it is filed and the title of the action, and must be subscribed and verified by a person known as the "complainant." The complainant may be any person having knowledge, whether personal or upon information and belief, of the commission of the offense or offenses charged.”
2. New York Code § 190.55 makes it clear that, “A grand jury may hear and examine evidence concerning the alleged commission of any offense prosecutable in the courts of the county, and concerning any misconduct, nonfeasance or neglect in public office by a public servant, whether criminal or otherwise.” The code also does not prohibit Victim from directly bringing his complaint to a grand jury –

11.2 § 190.55 Grand jury; matters to be heard and examined; duties and authority of district attorney.
1. A grand jury may hear and examine evidence concerning the alleged commission of any offense prosecutable in the courts of the county, and concerning any misconduct, nonfeasance or neglect in public office by a public servant, whether criminal or otherwise.
2. District attorneys are required or authorized to submit evidence to grand juries under the following circumstances:
(a) A district attorney must submit to a grand jury evidence concerning a felony allegedly committed by a defendant who, on the basis of a felony complaint filed with a local criminal court of the county, has been held for the action of a grand jury of such county, except where indictment has been waived by the defendant
pursuant to article one hundred ninety-five.
(b) A district attorney must submit to a grand jury evidence
concerning a misdemeanor allegedly committed by a defendant who has been charged therewith by a local criminal court accusatory instrument, in any case where a superior court of the county has, pursuant to subdivision one of section 170.25, ordered that such misdemeanor charge be prosecuted by indictment in a superior court.
(c) A district attorney may submit to a grand jury any available
evidence concerning an offense prosecutable in the courts of the county, or concerning misconduct, nonfeasance or neglect in public office by a public servant, whether criminal or otherwise.

11.3 Victim understands that the conduct of officers and actors violating his rights is a product of a system, one that seeks to frustrate, impede or otherwise delay his and that of his fellow citizens’ ability to present evidence of misconduct on the part of public officials.
“To deprive a whole class of the community of this right, to refuse their evidence and their sworn complaints, is to brand them with a badge of slavery; is to expose them to wanton insults and fiendish assaults; is to leave their lives, their families, and their property unprotected by law. It gives unrestricted license and impunity to vindictive outlaws and felons to rush upon these helpless people and kill and slay them at will, as was done in this case. To say that actions or prosecutions intended for the redress of such outrages are not ‘causes affecting the persons' who are the victims of them, is to take, it seems to me, a view of the law too narrow, too technical, and too forgetful of the liberal objects it had in view.” Blyew v. United States, (U.S 80 U.S. 581, 1871)”

12.0 Prayer for Prosecution of Defendants


12.1
Defendants manhandled, harassed, unlawfully restrained and otherwise treated Victim as a beast for their own personal amusement or as a consequence of criminal negligence. Victim has suffered a humiliating series of abuses at the hands of rogue public servants that included being stripped naked, assaulted, forcibly drugged and paraded about as a lunatic in retribution for his right to freedom of speech. Victim has suffered emotional damage and acquired a severe distrust of public servants as a result. Conduct of Defendants was more becoming of Guantanamo Bay than Manhattan.

12.2 For the Homeland Security Officers, the U. S. government has an obligation to restrain such behavior to protect its citizens from the abuse of rogue federal officials. For the abuse of its medical first responders that crosses the line of humiliating medical malpractice, the U. S. government has a responsibility to prosecute the conduct briefed before it causes a loss of life.

12.3 Defendants, collectively and individually, within their individual capacities subjected the Victim to a repeated series of abuses that constitute acts, under:

18 USC § 3 Accessory after the fact,
18 USC § 13 Laws of States adopted for areas within Federal jurisdiction
18 USC § 241 Conspiracy against rights
18 USC § 242 Deprivation of rights under color of law
18 USC § 286 Conspiracy to defraud the Government with respect to claims
18 USC § 287 False, fictitious or fraudulent claims
18. USC § 351(e). Assault
18 USC § 371 Conspiracy to commit offense
18 USC § 872 Extortion by officers or employees of the United States
18 USC § 1035 False statements relating to health care matters
18 USC § 1038 False information and hoaxes
18 USC § 1201 Kidnapping
18 USC § 2236 Searches without warrant

and

New York State Penal Code § 135.60 Coercion in the second degree,
New York State Penal Code § 135.05 Unlawful imprisonment in the second degree,
New York State Penal Code § 165.40 Criminal possession of stolen property in the fifth degree,
New York State Penal Code § 160.05 Robbery in the third degree,
New York State Penal Code §460.20 Enterprise corruption,
New York State Penal Code § 190.25 Criminal impersonation in the second degree,
New York State Penal Code § 195.00 Official misconduct,
New York State Penal Code § 240.50 Falsely reporting an incident in the third degree,
New York State Penal Code § 245.01 Exposure of a person
New York State Penal Code § 120.05 Assault in the second degree,
New York State Penal Code § 105.05 Conspiracy in the fifth degree,
New York State Penal Code § 175.20 Tampering with public records in the second degree,
New York State Penal Code § 120.14 Menacing in the second degree,
New York State Penal Code § 120.05(5) Assault in the second degree,
New York State Penal Code § 250.35 Failing to report criminal communications,
New York State Penal Code § 115.00 Criminal facilitation in the fourth degree
New York State Penal Code § 145.14 Criminal tampering in the third degree
New York State Penal Code § 195.16 Obstructing emergency medical services.

12.4 Victim demands that Homeland Security Secretary Janet Napolitano, Officer C. Barnes #245, Officer Wong #213, Officer Roomnd #234, Officer John Doe 1, Officer John Doe 2, Officer John Doe 3, Officer John Doe 4, Officer John Doe 5, Officer John Doe 6, Officer John Doe 7, Officer John Doe 8, Ambulance Driver 1, Ambulance Nurse 1, Ambulance Nurse 2, Admitting Nurse 1, Saint Vincent’s Manhattan Medical Center Psychiatrist, Bellevue Hospital Center Ambulance Driver 2, Bellevue Hospital Center Ambulance Nurse 3, Bellevue Hospital Center Ambulance Nurse 4, Bellevue Hospital Center Admitting Nurse2, Bellevue Hospital Center Ambulance Driver 3, Bellevue Hospital Center Ambulance Nurse 5, Bellevue Hospital Center Ambulance Nurse 6, Psychiatrist Dr. Lowe, Psychiatrist Dr. Elizabeth Steicker, Dr. Megan C. Poe, Social Worker Kari Wolf, Psychiatric Assistant 1, Psychiatric Assistant 2, Psychiatric Assistant 3, Psychiatric Assistant 4, Bellevue Hospital Center Nurse who administered injection, MD Farque, Department of Finance, Bellevue Hospital Center, New York City Fire Department, Nicholas Scoppetta, (Fire Commissioner 1) and New York City Fire Department Medics John Does 1 & 2 have warrants issued for their arrest, John Doe, District Magistrate, and Assistant U. S. Attorney Shawn Buckley be immediately brought before the court to answer for their criminal acts.

13.0. Certification

I, Julian Heicklen, do affirm that the foregoing is true and correct to the best of my knowledge and belief on this ________ of ______ 2010.


––––––––––––––––––––
Julian Heicklen
Complainant
734 Rutland Avenue
Teaneck, NJ 07666
Telephone: 814–880–9308

STATE OF NEW JERSEY    )
 : SS:
COUNTY OF BERGEN    )

On this _________day of __________, 2009, before me personally came Julian Heicklen, known to me to be the individual described in and who executed the foregoing instrument, and he acknowledged to me that he executed the same.

–––––––––––––––––––––––––
NOTARY PUBLIC

EXHIBITS
A. JURY INFO sign
B. FIJA pamphlet “A Primer for Prospective Jurors”
C. Claimant Heicklen's flyer
D. Text of 41 CFR, Sub C Section 102 #74.415(c)
E. Citation for 18 U.S.C. §111(A) of October 26, 2009
F. Citation 41 CFR Sec 102–74.415(c) of October 26, 2009
G. Property receipt of October 26, 2009
H. Notice of status and rights C.P.E.P. emergency admission
I. Property receipt of November 9, 2009
J. Citation of Regulation 41 CFR Sec 102–74.415(c) of November 9, 2009
K. Text of Regulation 41 CFR, Subsection C, §102–74.420
L. Citation of Regulation 41 CFR, Subsection C, §102–74.420
M. Property receipt of November 16, 2009
N. Citation of 41 CFR Sec 102–74.415(c) of November 16, 2009
O. FIJA Pamphlet “True or False: Factual Information about Jury Service”
P. Letter from MD Farque
Q. Reply letter to MD Farque of Claimant Heicklen of November 16, 2009
R. Three notices to pay citations for distributing literature
S. Notice to appear in court for arrest of October 23, 2009
T. Notice to pay citation for photographing for a news agency
U. Noncompliance letter of January 4, 2010 to District Court magistrate
V. Notice from Highmark Freedom Blue PFFS Blue Shield