Accordingly, Honorable Fatou Bom Bensouda Chief Prosecutor International Criminal Court On or about the dates of May 22nd 2007 “Chief Defendant” John Glover Roberts Jr. Chief Justice of the Supreme Court of (Plaintiffs) United States of America Union government acting under color of law accused of being white supremacy persons criminal intent producing fraudulent judicial decrees containing “international false slavery data” (among others herein) denied “Petition filed by
(Plaintiffs) Deadria
Farmer-Paellman on the material facts presented at issue is whether statues of
limitations should be tolled to permit slave descendants to bring actions for “restitution
against the (Defendants) Corporations “that illegally denied that they earned
profits enslaving (Plaintiffs) Negro Slaves “entire populations” in violations
of northern antislavery laws, with the “criminal fraudulent RICO obstruction of
justice hostile dismissal of this actions by
“Chief Defendant” Judge Charles
Ronald Norgle Sr. of the United States District Court for
the Northern District of Illinois of (Plaintiffs) United States of America Union
government acting under color of law accused of being white supremacy persons
criminal intent producing fraudulent judicial decrees containing “international
false slavery data” on the filed March 26th of 2002 18 U.S. Code § 1349 - Attempt and
conspiracy to commit international wire fraud, submitting false slavery data
against all (Plaintiffs) negro slaves international freedom
rights as
fraudulent
claimed by “Chief Defendant United Nations” General
Assembly as Resolution 217 during its third session on 10 December 1948 at the
Palais de Chaillot in Paris, France
Hereby Honorable JUSTICE
(PLAINTIFFS) collective continue cause of actions for overt acts (Conspiracy to
Commit an offense against Plaintiffs United States of America Union government)
set forth in Count One 18 U.S. Code § 1028A - Aggravated identity theft of (Plaintiffs)
United States of America Union government on the exact dates of April 15th
of 1865 throughout on or about the 6th day of February 2013 upon all
Attempt and conspiracy described herein (Conspiracy to Commit an offense
against Plaintiffs United States of America Union government) continue their
after the dates of 6th of day of February 2013 throughout (December
25th of 2021) attempted to continue cover up these ungodly epic international
crimes against
(Plaintiffs) negro slave’s
international freedom rights as fraudulent claimed by The Universal Declaration
of Human Rights international document adopted by the (Defendant) United
Nations General Assembly that enshrines the rights and freedoms of all human
beings (Exbibit A) mention herein paragraph below
(Plaintiffs) collective realleges and
incorporates fully set forth all facts (Defendant) United Nations General
Assembly enshrines The Universal Declaration of Human Rights international
document was never accepted by the (Defendants)
Confederate State of Mississippi on or about the dates of 10th
of December 1948, May 7th of 1999, May 3rd
2001, July 30th of 2010, December 15th of 2010, January 5th
2001, March 26th of 2002, May 22nd of 2007, March 9th
of 2011, May 13th of 2011, September 13th of 201,
December 2nd of 2011, March 30th of 2012, April 4th
of 2012, involving (Plaintiffs) collectively and undersigned council of record
(Hamilton) Federal Court Case within said dates mention herein
(Defendants) Confederate
State of Mississippi acting under color of laws (agents) he/she did so Attempt
and conspiracy to commit international wire fraud, scheme including illegally
joining (Plaintiffs) United States of America Union government on or about the
7th day of February 2013 not in past colonial America records of
1865 civil war aftermath.
CIVIL ACTION # CV 02
1862, CLASS ACTION filed March 26, 2002 Farmer-Paellmann
v. Fleetboston Financial Corp
COMPLAINT AND JURY TRIAL
DEMAND
GARALJHS, Judge
Plaintiffs, on behalf of
themselves and all other persons similarly situated, state, upon information
and belief, as follows:
INTRODUCTION,
JURISDICTION AND VENUE Introduction
1. Over 8,000,000
Africans and their descendants were enslaved in the United States from 1619 to
1865. The practice of slavery constituted an "immoral and inhumane
deprivation of Africans' life, liberty, African citizenship rights, cultural
heritage" and it further deprived them of the fruits of their own labor.
2. The first slave ship
that sailed into Jamestown Harbor in Virginia in 1619 contained a handful of
captive Africans, but by the end of the Atlantic slave trade, more than two
centuries later, somewhere between 8 million and 12 million Africans had
arrived in the New World in chains.
Brent Staples, African
Holocaust, The Lessons of a Graveyard.
3. Historians estimate
that one slave perished for every one who survived capture in the African
interior and made it alive to the New World, meaning as many as 12 million
perished along the way.
Ira Berlin, "Many
Thousands Gone".
4. Although, it is a
common perception that the South alone received the enslaved Africans, many of
them arrived in the Dutch colonial city of New Amsterdam that later became New
York City. Integral to the colony from the start. slaves helped build Trinity
Church, the streets of the city and the wall, from which Wall Street takes its
name, that protected the colony from military strikes.
Brent Staples, African
Holocaust, The Lessons of a Graveyard.
5. These slaves in New
York lived in attics, hallways and beneath porches, cheek to jowl with their
master and mistresses. In death, these same slaves were banished to the Negro
Burial Ground, which lay a mile outside the city limits and contained between
10,000 and 20,000 bodies by the time it was closed in 1794. Id..
6. Further research
conducted by Howard University of 400 skeletons of these buried slaves revealed
that 40 percent were children under the age of 15 and the most common cause of
death was malnutrition. Most of the children had rickets, scurvy, anemia or
related diseases. The adult skeletons show that many people died of unrelenting
hard labor. Strain on the muscles and ligaments was so extreme that muscle
attachments were commonly ripped away from the skeleton taking chunks of bone
with them — leaving the body in perpetual pain. The highest mortality rate is
found among women ages 15 to 20. Investigators have concluded that some died of
illnesses acquired in the holds of slave ships or from a first exposure to the
cold or from the trauma of being torn from their families and shipped in chains
halfway around the globe. Moreover, the research has concluded that these women
were worked to death by owners who could simply go out and buy a new slave.
Brent Staples, African
Holocaust, Lessons from a Graveyard, quoting in part form Dr. Michael Blakey,
Howard University.
7. But New Yorkers were
not alone in the utilization of slaves, in fact, more recent research has
revealed that many of our esteemed and celebrated institutions of learning had
their origins in the profits derived from the slave trade. For instance, money
from the slave trade financed Yale University's first endowed professorship,
its first endowed scholarships and its first endowed library fund. Moreover, in
the 1830's, Yale officials led the opposition that prevented the building of
the first African American college, on the grounds that such an institution would
have been "incompatible with the existence of Yale". Nicholas and
John Brown, two of the founders of what became Brown University were slave
traders. Likewise. Harvard Law School was endowed by money its founder earned
selling slaves in Antigua's cane fields.
Kate Zernike, "Slave
Trader's in Yale's Past Fuel Debate on Restitution", New York Times
(August 13, 2001).
8. Many early American
industries were based on the cotton, sugar, rice, tobacco, and other products
African labor produced. Railroads and shipping companies, the banking industry
and many other businesses made huge profits from the commerce generated by the
output of enslaved labor.
9. Slaves built the U.S.
Capitol, cast and hoisted the statue of freedom on top of its dome, and cleared
the forest between the Capitol and the White House.
Randall Robinson,
Compensate the Forgotten Victims of America's Slavery Holocaust.
10. Slavery fueled the
prosperity of the young nation. From 1790 to 1860 alone, the U.S. economy
reaped the benefits of as much as $40 million in unpaid labor. Some estimate
the current value of this unpaid labor at 1.4 trillion dollars.
Tim Wise, "Breaking
the Cycle of White Dependency" (5/22/02).
Tamara Audi,
"Payback for Slavery; Growing Push for Reparations Tries to Fulfill Broken
Promise", quoting Randall Robinson (9/18/00).
11. Not only did the
institution of slavery result in the extinguishment of millions of Africans, it
eviscerated whole cultures: languages, religions, mores, and customs, it
psychologically destroyed its victims. It wrenched from them their history,
their memories, and their families on a scale never previously witnessed.
12. When the institution
finally ended, the vestiges, racial inequalities and cultural psychic scars
left a disproportionate number of American slave descendants injured and
heretofore without remedy.
13. Although the
institution of slavery in the United States was officially outlawed in 1865, it
continued, de facto, until as recently as the 1950's. National archive records
reveal that in the 1920's and 1930's, the NAACP still received letters from
African-Americans claiming to still be on plantations and forced to work
without pay. Several claims were investigated and were found to be legitimate.
Moreover, as late as 1954, the Justice Department prosecuted the Dial brothers
in Sumpter County, Alabama because they held blacks in involuntary servitude.
Alistair Highet,
"Will America Pay for the Sins of the Past, Slavery's Past".
(February 14, 2002). The Hartford Adovate, quoting. Dr. Ronald Waters.
14. Even for those who
were "freed", their lives remained locked in quasi-servitude, due to
legal, economic and psychic restraints that effectively blocked their economic,
political and social advancement.Id..
15. Hence, new measures
called "Black Codes" guaranteed control of Blacks by white employers.
As John Hope Franklin noted in From Slavery to Freedom:
the control of blacks by
white employers was about as great as that which slaveholders had exercised.
Blacks who quit their job could be arrested and imprisoned for breach of
contract. They were not allowed to testify in court except in cases involving
members of their own race; numerous fines were imposed for seditious speeches,
insulting gestures or acts, absence from work, violating curfews and the
possession of firearms. There was of course no enfranchisement of blacks and no
indication that in the future they' could look forward to full citizenship and
participation in democracy.
Franklin, John Hope. From
Slavery to Freedom, New York; Knof(1947).
16. The
post-Reconstruction Southern practices of peonage and sharecropping which
continued well into the twentieth century were direct outgrowths of slavery
that continued a system of complete control by the dominant culture. Peonage
was a complex system where a black man would be arrested for
"vagrancy", ordered to pay a fine that he could not afford, and then
incarcerated. A plantation owner would then pay the fine and then hire him
until he could afford to pay off the fine. The peon was forced to work, locked
up at night and if he escaped, was chased by bloodhounds until recaptured.
Yuval Taylor, I was Born
a Slave.
17. Likewise, during the
1920's, fortunate African-Americans became sharecroppers on land leased from
whites whose grandparents had owned their forebearers. These African Americans
were not allowed to vote, and were socially and economically relegated to the
leftovers in education, earnings, and freedoms.
18. More recently, a 1998
census report shows that 26 percent of African American people in the United
States live in poverty compared to 8 percent of whites. It also showed that
14.7 percent of African Americans have four-year college degrees, compared with
25 percent of whites. The same year, African American infant-mortality rates
were more than twice as high as those among whites. Federal figures also show
that a Black person born in 1996 can expect to live, on average, 6.6 fewer
years than a white person born the same year.
19. African-Americans are
more likely to go to jail. to be there longer, and if their crime is eligible,
to receive the death penalty. They lag behind whites according to every social
yardstick: literacy, life expectancy, income and education. They are more
likely to be murdered and less likely to have a father at home.
20. Defendants,
including, but not limited to FLEETBOSTON FINANCIAL CORPORATION, AETNA INC.,
CSX, through their predecessors-in-interest, conspired with slave traders, with
each other and other entities and institutions (whose identities are not yet
specifically identified, but which are described herein as CORPORATE DOES #
1-100) and other un-named entities and/or financial institutions to commit
and/or knowingly facilitate crimes against humanity, and to further illicitly
profit from slave labor.
21. Plaintiffs and the
plaintiff class are slave descendents whose ancestors were forced into slavery
from which the defendants unjustly profited. Plaintiffs seek an accounting,
constructive trust, restitution, disgorgement and compensatory and punitive
damages arising out of Defendants' past and continued wrongful conduct.
JURISDICTION AND VENUE
22. This Court has
jurisdiction over this matter pursuant to 28 U.S.C. § 1332 (a) since the amount
in controversy exceeds $75,000 per plaintiff exclusive of interests and costs
and there is diversity of citizenship.
23. The Court has
personal jurisdiction over the parties in that the defendants conduct
systematic and continuous business within the State of New York.
24. Venue is proper in
this Court since the Defendants do business and may be found in the District
within the meaning of 28 U.S.C. § 1391 (a).
25. Plaintiffs and the
plaintiff class are African-American slave descendents.
26. Plaintiff is a New
York resident whose ancestors were enslaved in the agricultural industry.
DEFENDANTS
27. Defendants and the
other known and unknown defendants used and/or profited from slave labor and
have retained the benefits and use of those profits and products derived from
that slave labor. Defendants knew that the plaintiff class was subject to
physical and mental abuse and inhuman treatment.
28. Defendants conspired
with each other with intentions to violate Plaintiffs' ancestors' basic human
rights from slavery in that and by so doing to profit from these violations.
29. Defendant FLEETBOSTON
is a Delaware corporation with its principal place of business located at 100
Federal Street, Boston, Massachusetts 02110. It does continuous and systematic
business in New York. FLEETBOSTON is the successor in interest to Providence
Bank who was founded by Rhode Island businessman John Brown. Brown owned ships
that embarked on several slaving voyages and Brown was prosecuted in federal
court for participating in the international slave trade after it had become
illegal under federal law. Upon information and belief, Providence Bank lent
substantial sums to Brown, thus financing and profiting from the founder's
illegal slave trading. Upon information and belief, FLEETBOSTON also collected
custom fees due from ships transporting slaves, thus, further profiting from
the slave trade.
30. Defendant CSX is a
Virginia corporation with its principal place of business located at 901 E.
Cary Street, Richmond, VA 23219. It is a successor-in-interest to numerous
predecessor railroad lines that were constructed or run, at least in part, by
slave labor.
Jim Cox, "Rail
Networks Own Lines Bult with Slave Labor" USA TODAY (02/21/02)
31. Defendant AETNA INC.
("AETNA") is a corporation with its principal place of business
located at 151 Farmington Avenue, Hartford, Connecticut 06156. Upon information
and belief, AETNA's predecessor in interest, actually insured slave owners
against the loss of their human chattel. AETNA knew the horrors of slave life
as is evident in a rider through which the company declined to pay the premiums
for slaves who were lynched or worked to death or who committed suicide.
Additionally, AETNA insured enslaved Africans who worked in the agricultural
industry of which Plaintiff's enslaved. AETNA, therefore, unjustly profited
from the institution of slavery.
32. Defendants CORPORATE
DOES NOS. 1-100 are other companies, industrial, manufacturing, financial and
other enterprises that, like the named Defendants, its/their predecessors,
affiliates and/or assigns unjustly profited from slave labor. The designation
CORPORATE DOES NOS. # 1-100 is used until such time as the specific identity of
such additional companies, as they relate to this action, is ascertained
through discovery and/or other means.
CLASS ALLEGATIONS
33. This action is
brought and may properly be maintained as a class action pursuant to the
provision of the Federal Rules of Civil Procedure 23(a), 23(b)(2) and 23(b)(3).
Plaintiffs seek certification of the following class: all African-American
slave descendants.
34. The exact number of
Plaintiff class members is not known. Plaintiffs estimate that the class
includes millions of African-American slave descendants and the Plaintiffs
estimate that the class is so numerous that joinders of individual members is
impracticable. The number and identities of the class members can only be
ascertained through appropriate investigation and discovery.
35. Questions of fact and
law are common with respect to each class member. Common questions of fact and
law include:
a. Whether Defendants
knowingly, intentionally and systematically benefited from the use of enslaved
laborers;
b. Whether Defendants
wrongly converted to their own use and for their own benefit, the slave labor
and services of the Plaintiffs' forebearers. as well as, the products and
profits from such slave labor;
c. Whether the Defendants
knew or should have known that they were assisting and acting as accomplices in
immoral and inhuman deprivation of life and liberty;
d. Whether Defendants
have been unjustly enriched by their wrongful conduct; and
e. Whether, as a result of
this horrific and wrongful conduct by the Defendants, the Plaintiff class is
entitled to restitution or other equitable relief, or to compensatory or
punitive damages.
36. The claims of the
individually named Plaintiffs are typical of the claims of the Plaintiff Class
Members. Plaintiffs and all members of the Plaintiff Class have been similarly
affected by the Defendants common course of conduct and the members of each
class have similar claims against the Defendants. The claims of all class
members depend on a showing of the Defendants' common course of conduct. as
described herein, which gives Plaintiffs, individually and as class
representative, the right to the relief sought herein.
37. There is no conflict
as between Plaintiffs and the other members of the class with respect to this
action or the claims for relief. Plaintiffs know and understand their asserted
rights and their roles as class representatives.
38. Plaintiffs and their
attorneys are able to and will fairly, and adequately, protect the interest of
the Class. Several of Plaintiffs' attorneys are experienced class action
litigators who are or will be able to conduct the proposed litigation.
Plaintiffs' attorneys can vigorously prosecute the rights of the proposed class
members.
39. Prosecution of
separate actions by individual Plaintiffs will create the risk of inconsistent
and varying adjudications and will establish incompatible standards of conduct
for Defendants in that different Courts may order Defendants to provide
different types of accounting or take other inconsistent actions.
40. Prosecutions of
separate actions by individual plaintiffs of other proposed class members not
party to the adjudications will substantially impair or impede their ability to
protect their interest in that, for example, Defendants may exhaust their
available funds in satisfying the claims of earlier plaintiffs to the detriment
of later plaintiffs.
41. Defendants have acted
and/or refused to act on grounds generally applicable to the proposed class,
making final injunctive relief and correspondent declaratory relief appropriate
with respect to the class as a whole in that Defendants have been unjustly
enriched by participation in acts that were known to be immoral and inhumane,
and Defendants: (a) prevented and or refused restitution to the proposed class
members, (b) prevented and/or refused to disgorge wrongfully gained and/or
earned profits and benefits, or (c) refused to provide a full and complete
accounting and disclosure of the extent of their aforesaid actions.
42. Common questions of
law and fact predominate in the claims of all class members, including the
named Plaintiff. These claims depend on proving Defendants are liable for their
acts and/or omissions based, in part, on evidence of a common scheme. Plaintiffs'
and the plaintiff class members; proposed evidentiary showings would be based
on the same documents and testimony concerning the Defendants' actions.
43. A class action is
superior to the other available methods for the fair, just and efficient adjudication
of the controversy. Plaintiffs and the Plaintiff class members have no interest
in individually controlling the prosecution of separate actions and, instead
are on the whole incapable as practical matter of pursuing individual claims.
Even if individual class members had the resources to pursue individual
litigation, it would be unduly burdensome to the Courts in which the individual
litigation would proceed. Individual litigation magnifies the delay and
expenses to all parties in that the Court system of resolving the controversies
engendered by Defendants/individual and/or common course of conduct. The class
action device allows a single court to provide the benefits of unitary
adjudication, judicial economy and the fair and equitable handling of all
plaintiffs; claims in a single forum. The conduct of this action as a class
action conserves the resources of the parties and of the judicial system, and
reserves the rights of each class member. Furthermore, for most class members,
a class action is the only feasible mechanism that allows them an opportunity
for legal redress and justice. A large concentration of proposed class members
is estimated to reside in this District and nearby states. The management of
the litigation as a class would pose few problems for this Court.
44. Certification of the
Plaintiff class is appropriate under Fed.R.Civ.P. 23(a) and also under
23(b)(2), 23(b)(3).
EQUITABLE TOLLING
45. The plaintiffs have
been unable to secure records with regards to their ancestors due to the
failure of most to be able to reliably access ship manifestos, or human cargo
lists that directly connect them to their descendants. Moreover, family names
were changed once the Africans arrived in America making it nearly impossible
to accurately trace records. Recent advances in Internet and computer databases
have made these records more accessible to the average African-American.
46. Likewise, corporate
histories and records have also been extremely difficult and inaccessible to
most people. Hence, research tracing the monetary benefit derived by American
corporations from the slave trade has only been accessible and discussed by
prominent researches within the last year.
47. Moreover, efforts to
attempt to raise the issue of reparations for African-Americans in an attempt
to secure easier access to information have stalled in Congress. Representative
John Conyers from Michigan has for the last 11 years attempted to propose a
resolution, No. 40, seeking to set aside $8 million dollars to study the effects
of slavery and come up with a formula for reparations. His resolution has died
in committee for each of these past eleven years.
48. Moreover, with the
advent of litigation related to reparations for holocaust victims from
government entities and corporations, more emphasis has been placed on the
viability of lawsuits for reparations for human rights violations.
49. Finally, the action
of each of the Defendants by their failure to provide an accounting to the
plaintiff constitutes a continuing tort that tolls the statute.
COUNT I — CONSPIRACY
50. Each of the
Defendants acted individually and in concert with their industry group and with
each other, either expressly or tacitly, to participate in a plan that was
designed in part to commit the tortious acts referred to herein.
51. For instance, each
industry group was co-dependant on each other and operated as joint enterprise,
designed in part, to maintain and continue a system of inhumane servitude. The
shipping and railroad industry benefited and profited from the transportation
of the slaves. The railroad industry utilized slave labor in the construction
of rail lines. These transportation industries were dependent upon the
manufacturing and raw materials industry to utilize the slaves they shipped. The
cotton, tobacco, rice and sugar industries thrived on profits generated from
their use of slave labor, and relied upon financial and insurance industries to
finance and insure the slaves that they utilized and owned. All industries: raw
market, retail, financial, insurance, and transportation, benefited from the
reduced costs of slave-produced goods.
COUNT II — DEMAND FOR AN
ACCOUNTING
52. Plaintiffs on behalf
of themselves and all other descendants who are similarly situated, re-allege
as if fully set forth, each and every allegation contained into the preceding
paragraphs.
53. The Defendants knew
or should have know of the existence of corporate records that indicate their
profiting from slave labor. Plaintiffs and the public have demanded that the Defendants
reveal their complete corporate records regarding same and that a just and fair
accounting be made for profits derived from the slave trade.
54. Defendants have
failed to provide said records and have failed to comply with plaintiffs'
demand.
WHEREFORE, Plaintiffs
demand judgment: (a) requiring defendants make a full disclosure of all of
their corporate records that reveal any evidence of slave labor or their
profiting from same; (2) seeking the appointment of an independent historic
commission to serve as a depository for corporate records related to slavery
and; (3) directing defendants to account to plaintiffs for any profits they
derived from slavery.
COUNT III — HUMAN RIGHTS
VIOLATIONS
57. Plaintiffs on behalf
of themselves and all other descendants who are similarly situated, re-allege
as if fully set forth, each and every allegation contained into the preceding
paragraphs.
58. The Defendants
participated into the activities of the institution of slavery and in so doing
furthered the commission of crimes against humanity, crimes against peace,
slavery and forced labor, torture, rape, starvation, physical and mental abuse,
summary execution. Specifically, the defendants profited from these wrongs.
59. Defendants knowingly
benefited from a system that enslaved, tortured, starved and exploited human
beings, so as to personally benefit them. In the process, the Defendants
directly or indirectly subjected the plaintiffs' ancestors to inhumane
treatment, physical abuse, torture, starvation, execution and subjected the
plaintiffs to the continued effects of the original acts, including but not
limited to: race discrimination, unequal opportunity, poverty, substandard
health care, substandard treatment, substandard housing, substandard education,
unjust incarceration, racial profiling, and inequitable pay.
60. The above referenced
actions by the Defendants were in violation of international law.
61. As a result of the
above referenced violations of international law, Plaintiffs and members of the
Plaintiff class have suffered injury and are entitled to compensatory damages
in an amount to be determined at trial.
COUNT IV — CONVERSION
62. Plaintiffs on behalf
of themselves and all other slave ancestors who are similarly situated,
re-allege as if fully set forth, each and every allegation contained in the
preceding paragraphs.
63. As a result of
Defendants' failure and refusal to account for, acknowledge and return to
Plaintiffs and the members of the Plaintiff class, the value of their slave
labor, Defendants have willfully and wrongfully misappropriated and converted
the value of that labor and its derivative profits into Defendants' own
property.
64. Defendants have never
accounted for or returned the value of Plaintiffs ancestors' slave labor and
the profits Defendants derived from said slave labor.
65. As a result of
Defendants' wrongful acts and omissions, Plaintiffs and members of the
Plaintiffs' class have been injured and demand judgment against the Defendants
jointly, severally and/or in the alternative on this cause of action for,
amongst other things: (a) an accounting of the slave labor monies, profits
and/or benefits derived by Defendants; (b) a constructive trust in the value of
said monies, profits and/or benefits derived by Defendants use of slave labor;
(c) full restitution in the value of all monies, profits, and!or benefits
derived by Defendants' use of slave labor; (d) equitable disgorgement of all
said monies, profits, and/or benefits derived by Defendants' exploitation of
slave labor; and (e) other damages in an amount in excess of the jurisdictional
limits of this Court and to be determined at the trial herein, together with
interest, exemplary or punitive damages, attorney's fees and costs of this
action.
COUNT V — UNJUST ENRICHMENT
66. Plaintiffs on behalf
of themselves and all other slave descendants who are similarly situated,
re-allege as if fully set forth, each and every allegation contained into the
preceding paragraphs.
67. Defendants have
improperly benefited from the immoral and inhumane institution of Slavery in
the United States.
68. Defendants have
failed to account for and or return to Plaintiffs and the Plaintiff class the
value of their ancestors' slave labor and or the profits and benefits the
Defendants derived therefrom and Defendants have concealed the nature and scope
of their participation in the Institution.
69. As a result of the
Defendants' wrongful acts and omissions as described above, Defendants have
been unjustly enriched.
70. Defendants have been
unjustly enriched at the expense of Plaintiffs and the Plaintiffs' class.
Plaintiffs and the Plaintiffs' class therefore demand restitution and judgment
against the Defendants jointly, severally and/or in the alternative, in an
amount in excess of the jurisdictional limits of this Court and to be
determined at the trial herein, together with interest, exemplary or punitive
damages, attorney's fees and the costs of this action.
PRAYER FOR RELIEF
WHEREFORE Plaintiffs and
the Plaintiffs' class demand a jury trial and judgment and damages against the
Defendants, jointly, severally and/or in the alternative, as follows:
(1) For an order
certifying the Plaintiff class alleged herein;
(2) For an accounting;
(3) For the appointment
of an independent historic commission;
(4) For the imposition of
a constructive trust;
(5) For restitution of
the value of their descendants' slave labor;
(6) For restitution of
the value of their unjust enrichment based upon slave labor;
(7) For disgorgement of
illicit profits;
(8) For compensatory
damages in an amount to be determined by trial together with interest;
(9) For exemplary or
punitive damages in an amount to be determined at trial;
(10) For attorneys' fees;
and
(11) For the cost of this
action.
Edward D. Fagan
By:___________________________ EDWARD D. FAGAN, ESQ. (EF-4125) FAGAN ASSOCIATES
301 South Livingston Avenue Livingston, New Jersey 07039 (973) 994-2908
Roger S. Wareham
By:_________________________ ROGER S. WAREHAM, ESQ. (RW 4751) JOMO SANGA
THOMAS, ESQ. (JT 7544) THOMAS WAREHAM RICHARDS 572 Flatbush Avenue, Suite 2
Brooklyn, New York 11225 (718) 941-6407
(B)
The Universal Declaration
of Human Rights is an international document adopted by the United Nations
General Assembly that enshrines the rights and freedoms of all human beings. It
was accepted by the General Assembly as Resolution 217 during its third session
on 10 December 1948 at the Palais de Chaillot in Paris, France.
Universal Declaration of
Human Rights
Preamble
Whereas recognition of
the inherent dignity and of the equal and inalienable
rights of all members of
the human family is the foundation of freedom, justice
and peace in the world,
Whereas disregard and
contempt for human rights have resulted in barbarous
acts which have outraged
the conscience of mankind, and the advent of a world
in which human beings
shall enjoy freedom of speech and belief and freedom
from fear and want has
been proclaimed as the highest aspiration of the common
people,
Whereas it is essential,
if man is not to be compelled to have recourse, as a last
resort, to rebellion
against tyranny and oppression, that human rights should be
protected by the rule of
law,
Whereas it is essential
to promote the development of friendly relations between
nations,
Whereas the peoples of
the United Nations have in the Charter reaffirmed their
faith in fundamental
human rights, in the dignity and worth of the human person
and in the equal rights
of men and women and have determined to promote
social progress and
better standards of life in larger freedom,
Whereas Member States
have pledged themselves to achieve, in cooperation
with the United Nations,
the promotion of universal respect for and observance of
human rights and
fundamental freedoms,
Whereas a common
understanding of these rights and freedoms is of the
greatest importance for
the full realization of this pledge,
Now, therefore,
The General Assembly,
Proclaims this Universal
Declaration of Human Rights as a common standard of
achievement for all
peoples and all nations, to the end that every individual and
every organ of society,
keeping this Declaration constantly in mind, shall strive by teaching and
education to promote respect for these rights and freedoms and by
progressive measures,
national and international, to secure their universal and
effective recognition and
observance, both among the peoples of Member States
themselves and among the
peoples of territories under their jurisdiction.
Article I
All human beings are born
free and equal in dignity and rights. They are
endowed with reason and
conscience and should act towards one another in a
spirit of brotherhood.
Article 2
Everyone is entitled to
all the rights and freedoms set forth in this Declaration,
without distinction of
any kind, such as race, colour, sex, language, religion,
political or other
opinion, national or social origin, property, birth or other status.
Furthermore, no
distinction shall be made on the basis of the political,
jurisdictional or
international status of the country or territory to which a person
belongs, whether it be
independent, trust, non-self-governing or under any other
limitation of
sovereignty.
Article 3
Everyone has the right to
life, liberty and the security of person.
Article 4
No one shall be held in
slavery or servitude; slavery and the slave trade shall be
prohibited in all their
forms.
Article 5
No one shall be subjected
to torture or to cruel, inhuman or degrading treatment
or punishment. Article 6
Everyone has the right to
recognition everywhere as a person before the law.
Article 7
All are equal before the
law and are entitled without any discrimination to equal
protection of the law.
All are entitled to equal protection against any
discrimination in
violation of this Declaration and against any incitement to such
discrimination.
Article 8
Everyone has the right to
an effective remedy by the competent national tribunals
for acts violating the
fundamental rights granted him by the constitution or by law.
Article 9
No one shall be subjected
to arbitrary arrest, detention or exile.
Article 10
Everyone is entitled in
full equality to a fair and public hearing by an independent
and impartial tribunal,
in the determination of his rights and obligations and of any
criminal charge against
him.
Article 11
1. Everyone charged with
a penal offence has the right to be presumed
innocent until proved
guilty according to law in a public trial at which he
has had all the
guarantees necessary for his defence.
2. No one shall be held
guilty of any penal offence on account of any act or
omission which did not
constitute a penal offence, under national or
international law, at the
time when it was committed. Nor shall a heavier penalty be imposed than the one
that was applicable at the time the penal
offence was committed.
Article 12
No one shall be subjected
to arbitrary interference with his privacy, family, home
or correspondence, nor to
attacks upon his honour and reputation. Everyone has
the right to the
protection of the law against such interference or attacks.
Article 13
1. Everyone has the right
to freedom of movement and residence within the
borders of each State.
2. Everyone has the right
to leave any country, including his own, and to
return to his country.
Article 14
1. Everyone has the right
to seek and to enjoy in other countries asylum from
persecution.
2. This right may not be
invoked in the case of prosecutions genuinely
arising from
non-political crimes or from acts contrary to the purposes and
principles of the United
Nations.
Article 15
1. Everyone has the right
to a nationality.
2. No one shall be
arbitrarily deprived of his nationality nor denied the right to
change his nationality.
Article 16 1. Men and
women of full age, without any limitation due to race, nationality
or religion, have the
right to marry and to found a family. They are entitled
to equal rights as to
marriage, during marriage and at its dissolution.
2. Marriage shall be
entered into only with the free and full consent of the
intending spouses.
3. The family is the
natural and fundamental group unit of society and is
entitled to protection by
society and the State.
Article 17
1. Everyone has the right
to own property alone as well as in association with
others.
2. No one shall be
arbitrarily deprived of his property.
Article 18
Everyone has the right to
freedom of thought, conscience and religion; this right
includes freedom to
change his religion or belief, and freedom, either alone or in
community with others and
in public or private, to manifest his religion or belief in
teaching, practice,
worship and observance.
Article 19
Everyone has the right to
freedom of opinion and expression; this right includes
freedom to hold opinions
without interference and to seek, receive and impart
information and ideas
through any media and regardless of frontiers.
Article 20
1. Everyone has the right
to freedom of peaceful assembly and association.
2. No one may be
compelled to belong to an association.
Article 21 1. Everyone
has the right to take part in the government of his country,
directly or through
freely chosen representatives.
2. Everyone has the right
to equal access to public service in his country.
3. The will of the people
shall be the basis of the authority of government;
this will shall be
expressed in periodic and genuine elections which shall
be by universal and equal
suffrage and shall be held by secret vote or by
equivalent free voting
procedures.
Article 22
Everyone, as a member of
society, has the right to social security and is entitled
to realization, through
national effort and international co-operation and in
accordance with the
organization and resources of each State, of the economic,
social and cultural
rights indispensable for his dignity and the free development
of his personality.
Article 23
1. Everyone has the right
to work, to free choice of employment, to just and
favourable conditions of
work and to protection against unemployment.
2. Everyone, without any
discrimination, has the right to equal pay for equal
work.
3. Everyone who works has
the right to just and favourable remuneration
ensuring for himself and
his family an existence worthy of human dignity,
and supplemented, if
necessary, by other means of social protection.
4. Everyone has the right
to form and to join trade unions for the protection of
his interests.
Article 24
Everyone has the right to
rest and leisure, including reasonable limitation of
working hours and
periodic holidays with pay. Article 25
1. Everyone has the right
to a standard of living adequate for the health and
well-being of himself and
of his family, including food, clothing, housing
and medical care and
necessary social services, and the right to security
in the event of
unemployment, sickness, disability, widowhood, old age or
other lack of livelihood
in circumstances beyond his control.
2. Motherhood and
childhood are entitled to special care and assistance. All
children, whether born in
or out of wedlock, shall enjoy the same social
protection.
Article 26
1. Everyone has the right
to education. Education shall be free, at least in the
elementary and
fundamental stages. Elementary education shall be
compulsory. Technical and
professional education shall be made
generally available and
higher education shall be equally accessible to all
on the basis of merit.
2. Education shall be
directed to the full development of the human
personality and to the
strengthening of respect for human rights and
fundamental freedoms. It
shall promote understanding, tolerance and
friendship among all
nations, racial or religious groups, and shall further
the activities of the
United Nations for the maintenance of peace.
3. Parents have a prior
right to choose the kind of education that shall be
given to their children.
Article 27
1. Everyone has the right
freely to participate in the cultural life of the
community, to enjoy the
arts and to share in scientific advancement and
its benefits. 2. Everyone
has the right to the protection of the moral and material interests
resulting from any
scientific, literary or artistic production of which he is the
author.
Article 28
Everyone is entitled to a
social and international order in which the rights and
freedoms set forth in
this Declaration can be fully realized.
Article 29
1. Everyone has duties to
the community in which alone the free and full
development of his
personality is possible.
2. In the exercise of his
rights and freedoms, everyone shall be subject only
to such limitations as
are determined by law solely for the purpose of
securing due recognition
and respect for the rights and freedoms of others
and of meeting the just
requirements of morality, public order and the
general welfare in a
democratic society.
3. These rights and freedoms
may in no case be exercised contrary to the
purposes and principles
of the United Nations.
Article 30
Nothing in this
Declaration may be interpreted as implying for any State, group or
person any right to
engage in any activity or to perform any act aimed at the
destruction of any of the
rights and freedoms set forth herein.
Estate of Louis Charles Hamilton II Cmdr. US Navy MSS (Pro Se Plaintiff) 2724 61st Street, Suite 1-B17, Galveston, TX 77551
CC: Queen Elizabeth II, Princess Elizabeth Alexandra Mary, Prince William, Duke of Cambridge, KG, KT, PC, ADC (William Arthur Philip Louis) Prince Henry of Wales, KCVO, (Henry Charles Albert David), Prime Minister Boris Johnson The British Consulate 1301 Fannin Street #2400 Houston Texas 77002-7014
CC: Director of the Federal Bureau of Investigation Christopher A. Wray, FBI Headquarters 935 Pennsylvania Avenue, NW Washington, D.C. 20535-0001
CC: United Nations Secretary-General António Guterres United Nations Headquarters 405 East 42nd Street, New York, NY, 10017
CC: Joseph Robinette Biden Jr. 46th and current “President of the United States 1600 Pennsylvania Avenue NW, Washington, DC 20500
CC: International Criminal Court “Honorable Mrs. Fatou Bensouda
#ICC #Honorable #Ms #Fatou #Bensouda #pursuant #to #Nuremberg #Nazi #Criminals #Trials #™Cmdr. #Bluefin
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