Gang Stalking Lawsuit

Gang Stalking Case
A Federal court civil rights law suit was filed on 7/9/2010 in the Southern district of New York against the United States and unnamed citizen group for alleged abuses including stalking, conspiracy and assault. The plaintiff claims he is the victim of a Red Squad like crime known as “Gang Stalking.”
Case No. 10 Civ. 05237 (pac) (gay) is posted publicly on Pacer.gov
Implications
The Government has chosen a Facial, instead of Factual defense, asking this Court to dismiss this case under Rule 12(b)(1) and (6). The Government acknowledged for a facial defense, under Rule 12(b)(6), the court is “required to accept the material facts alleged in the complaint as true.”
The Government’s primary facial argument is Sovereign immunity.
Plaintiff argued that Sovereign immunity does not apply in this case because the indiscretions alleged are not official duties of the Government.
Plaintiff cited the case of the: Socialist Workers Party v. Attorney General, 463 F.Supp. 515, 522-24 (S.D.N.Y. 1978). In this case the SWP relied on the theory of ‘prima facie tort’ in connection with the FBI’s (Red Squad) disruption activities. This led to the decision denying the Government’s motion to dismiss certain claims. Socialist Workers Party v. Attorney General, 463 F.Supp. 515, 522-24 (S.D.N.Y. 1978).
The Government replied by arguing that the legal interpretation that granted the SWP an award has subsequently been rejected.
Plaintiff concluded his argument by stating: “If it is decided by this court, due to sovereign immunity, that the American people have no legal cause to act against the government for committing conspiracy, then this court is setting precedence that technically it is legally acceptable for any government official to use third party thugs to attack citizens.”

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