Petition for Writ of Certiorari — Davenell L. Ash, Petitioner v. Minnesota, et al.
Supreme Court briefOct 13, 2021
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IN THE
SUPREME COURT OF THE UNITED STATES
— PETITIONER
(Your Name)
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— RESPONDENT(S)
ON PETITION FOR A WRIT OF CERTIORARI TO
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(NAME OF COURT THAT LAST RULED ON MERITS OF YOUR CASE)
PETITION FOR WRIT OF CERTIORARI
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(Your Name)
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(Address)
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(City, State, Zip Code)
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(Phone Number)
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QUESTION(S) PRESENTED
Question One
Did the United States Court of Appeals Eighth Circuit deny Ms. Ash of her 14ih
amendment right of due process when she/he has a conflict of interest with knowledge
of the severity of the crime in progress (see 18 U.S.C.242) Does the eleventh
amendment apply when officer of the court have violated 28 U.S.C 455 and the court
has refused to provide any declaratory relief when the courts have full knowledge of pro
se Ash's name being placed on the terrorist watchlist ( see 31.U.S.C 3729),
non-consensual research(seel6CFR1028.116) human trafficking (seel8U.S.C.1581)
harassment/gangstalking/retaliation efforts with intentions to kill, maim, intimidate and
silence the whistleblowing efforts attempted by Ms. Ash
Answer
Yes
Question Two
Did the United States Court of Appeals Eighth Circuit err in not granting Ms. Ash a
jury's prudential exception. (See U.S.C 1291, 1292) in order to avoid having to consider
the following which would require an alternative set of congressional hearings to address
the illegal placement on a terrorist watchlist (see 18 U.S.C 1001) with sole intention to
force non-consensual research of central intelligence programs (see 16 CFR 1028.116)
while utilizing military grade weaponry, toxins, torture techniques, human trafficking,
gangstalking, targeted kill training in partnership with united states military, intelligence
agencies, law enforcement, hospitals and civilian contract perpetrators whom are paid
for the harassment services.
Answer
Yes
Question Three
Did the United States Court of Appeals Eighth Circuit purposely dismiss responsibility
for the State of Minnesota for the implementation, facilitation, publication, perpetuation
of a central intelligence research experiment in hopes that Ms. Ash would not survive.
Answer
Yes
Question 4
Did the united States Court of Appeals Eighth Circuit Court allow the State of Minnesota
To continue to violate the fair housing act (See Alexandria v Fairfax, 95 U.S. 774(1878))
by interfering with all housing efforts via phone and computer hacking (See stat
609.87-93), for both home and business, to then redirect Ms. Ash to extremely unsafe
living and operating environments to then facilitate the same electromagnetic torture,
audio and video harassment and gangstalking protocol.
Answer
Yes
Question 5
Is pro se Ash’s forced participation of electromagnetic torture and gangstalking
implemented to force submission to illegal research and psychological torture being
preformed to benefit the facilitators profit from the dark web. While in violation of the
fair housing act and the 4th Amendment which states, ”a person has a right to be safe in
their home or business.” These illegal programs are used to silence
WHISTLEBLOWERS and others our government sees as a threat.
Yes
Question 6
Did the United States Court of Appeals err in denial allowing the State of Minnesota to
continue to participate in the direct violation of pro se Ash’s civil rights (see 18 U.S.C
242) by interference and harassment at pro se Ash’s place of business, her car and her
home residence with weapons of electromagnetic tortue, illegal audio, video harassment
and electronic hacking of both phone and computer while utilizing the same participants
from partnering participating states while in violation of The VAWA Act to include WI,
NC, ND, CO, IA, MS, MO and IL to further perpetuate retaliation and inhumane
harassment/gangstalking while publicizing and recruiting civilian participation.
Yes
List of Parties
Duluth Police Force
Hibbing Police Force
Rich lee of Lee’s Investment Hibbing, Mn
Lee Ann Garbano
Troy A Loeb
Related Cases
Davenell L Ash
V. State of Minnesota
Case # 21-cv-l 143
Davenell L Ash & Unique Beauty & Hair Supply LLC
V.
City od Duluth
Case# 17-cv-1461
Ash
v. '
Pulaski City State Patrol
Case # 3;21-cv-00781-dwd
Davenell L Ash
V.
Oxford, MS Police Dept
Et al Desoto County State Patrol
Davenell L Ash
V.
*
State of Wisconsin Case # 21 -cv-317-jdp
Table of Contents
Opinions Below
1
Jurisdiction
2
Constitutional and Statutory Provisions Involved.
3
Statement of the Case
4
Reasons for Granting the Writ
5
Conclusion
6
Index to Appendices
Appendix A
Davenell L Ash & Unique Beauty & Hair Supply
LLC
V.
City of Duluth
Appendix B
United States District Court
District of Minnesota
Appendix C
Case # 17-cv-1461
Case #21-cv-1143
United States Court of Appeal Eighth Circuit
Petitioner’s Petition Case # 21-2232
Appendix D
Car Receipts
Appendix E
False Case Filed Against Pro Se Ash
Appendix F
Apartment Lease
Appendix G
Addresses of Occurrences
Appendix H
Police Report of Stalker Attack on Highway
Photos
Appendix I
Appendix J
Appendix K
False case filed against Pro Se Ash Case # 2021CM000291
Superior, WI case sealed to protect the informant.
District Court for the Western District of Wisconsin
Case # 21 -cv-317-j dp
Table of Authorities Cited
Cases
Kelsey Vs. United States
Jeffrey Alan Kantor Vs. Eric J Holder
case #3:18-cv-1009-j-32mcr 12-14-2018
case# l;13-cv-01493-cmh-tcb 12-04-2013
Kieth Labella Vs. FBI, US Dept of Justice case# 1 lcv00023(NGG)(LB)
Stan J Caterbone Vs. USA
case# 18-10134
District of Columbia Vs. Heller
Case No 07-290 478
F 370 affirmed
02-09-2012
10-05-2018
Terry u Ohio [392 U.S. 1,88 S.Ct. 1968, 20 L.Ed.2d 889 (1968
United States Vs. Cress
243 U.S. 316
1917
Erickson v. Pardus. 551 U.S. 89 (2007)
Powell Vs Alabamaln Powell Vs. Alabama
1932
Table of Authorities Cited
Statutes and Rules
1.) CIVIL RIGHTS §1983 Civil Rights Acts and 18 U.S.C.A. Acts state the following:
"The underlying purpose of the scheme of protecting constitutional rights are to permit
victims of constitutional violations to obtain redress, to provide for federal prosecution
of serious constitutional violations when state criminal proceedings are ineffective for
purpose of deterring violations and to strike a balance between protection of individual
rights from state infringement and protection from state and local government from
federal interference", 18 U.S.C.A. §§ 241, 242; U.S.C.A. - Const. Art. 2, 53; Amend.
13, 14, 5, 15, § 2: 42 U.S.C.A. §§ 1981-1982, 1985, 1988, Fed. Rules Civil Proc. Rule
28, U.S.C.A. In Ascolese v. Southeastern Turnpike Authority, C 925 F. supp. 351, the
case supports the notion that "One of the principal purposes of § 1983 was to give
remedy to parties Davenell L Ash, Pro Se of Constitutional Rights, ileges, and
immunities by Officia buse of his or her position, that is to provide remedy against
individual officials who violate Constitutional Rights U.S.C.A. § 1983. 4.
2.) CIVIL CONSPIRACY
Rico §263 42 § 1985 (2) Persons Involved In Litigation To Be Free From Conspiracy In
the case of United States v. Hoick, 389 F. Supp. 2d. 338, criminal responsibility defines
single or multiple conspiracies by the following: "Governments, without committing
variance between single conspiracy charges in an indictment and it's proof at trial may
establish existence at continuing core conspiracy which attracts different members at
different times and which involves different subgroups committing acts in furtherance of
an overall plan". Pro Se Ash continues to be harassed despite resistance to all civil
unrest.
3.) §1983 Civil Rights Acts and 18 U.S.C.A. Acts state the following: "The underlying
purpose of the scheme of protecting constitutional rights are to permit victims of
constitutional violations to obtain redress, to provide for federal prosecution of serious
constitutional violations when state criminal proceedings are ineffective for purpose of
deterring violations , and to strike a balance een protection of individual rights from
state infringement and protection from state and local government from federal
interference", 18 U.S.C.A. §§ 241,242; U.S.C.A. - Const. Art. 2, 53; Amend. 13, 14,
5, 15, §2:42 U.S.C.A. §§ 1981-1982, 1985, 1988, Fed. Rules Civil Proc. Rule 28,
U.S.C.A. .
4.) ANIT-TRUST The Following violations constitute a legitimate Anti-Trust violation
under Title 15 of the Federal Statutes. In private Anti-Trust actions, Plaintiff, in addition
to proving violations and an injury, must also show that a violation and an injury must
also prove that the violation was direct and material to the cause of injury suffered;
however, the Plaintiffs burden in causations issues is not as heavy as the Plaintiff only
needs to show a casual relation with reasonable probability to a fair degree of certainty
(Anderson Foreign Motors, Inc. v. New England Toyota Distributors, Inc., D.C. Mass
1979, 475. Supp.).
5.) RICO • The Racketeer Influenced and Corrupt Organizations Act (commonly
referred to as RICO) is a United States federal law which provides for extended penalties
for criminal acts performed as part of an ongoing criminal organization. RICO was
enacted by section 901(a) of the Organized Crime Control Act of 1970, Pub. L. No.
91 -452, 84 Stat. 922 (Oct. 15, 1970). RICO is codified as Chapter 96 of Title 18 of the
United States Code, 18 U.S.C. § 1961 through 18 U.S.C. § 1968. • It has been speculated
that the name and acronym were selected in a sly reference to the movie Little Caesar,
which featured a notorious gangster named "Rico." The original drafter of the bill, G.
Robert Blakey, has refused to confirm or deny this.[l] Summary Under RICO, a person
or group who commits any two of 35 crimes-27 federal crimes and 8 state
crimes—within a 10-year period and, in the opinion of the US Attorney bringing the
case, has committed those crimes with similar purpose or results can be charged with
racketeering. Those found guilty of racketeering can be fined up to $25,000 and/or
sentenced to 20 years in prison. In addition, the racketeer must forfeit all ill-gotten gains
and interest in any business gained through a pattern of "racketeering activity." The act
also contains a civil component that allows plaintiffs to sue for triple damages. When the
U.S. Attorney decides to indict someone under RICO, he has the option of seeking a
pre-trial restraining order or injunction to prevent the transfer of potentially forfeitable
property, as well as require the defendant to put up a performance bond. This provision is
intended to force a defendant to plead guilty before indictment. There is also a provision
for private parties to sue. A "person damaged in his business or property" can sue one or
more "racketeers." There must also be an "enterprise.' The defendant(s) are not the
enterprise, in other words, the defendant(s) and the enterprise are not one and the same.
There must be one of four specified relationships between the defendant(s) and the
enterprise.
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6.) § 3729. False claims
FEDERAL FALSE CLAIMS ACT
The Federal False Claims Act
TITLE 31. MONEY AND FINANCE SUBTITLE III.
FINANCIAL MANAGEMENT
CHAPTER 37. CLAIMS
SUBCHAPTER III. CLAIMS AGAINST THE UNITED STATES GOVERNMENT
31 USC § 3729-33
§ 3729. False claims
§ 3730. Civil actions for false claims
§ 3731. False claims procedure
§ 3732. False claims jurisdiction
§ 3733. Civil investigative demands
7.) THE RIGHT TO SUE FOR TORTURE
Case 1 ;07-cv-21783-A) Document 32 Entered on FLSD Docket 02/29/2008 Page 6 of
31 7need "to conduct and adhere to a strict choice of law analysis." Id. at 422-23. In
sum, the Tachiona court held that both federal law and international law apply to ATS
and TVPA claims. The Ninth Circuit also conducted an examination of the applicable
choice-of-law for damages in ATS cases, in Alvarez-Machain v. United States 331 F.3d
604, (9th Cir. 2003) rev'd on other grounds, Sosa v. Alvarez-Macham, 542 U.S. 692
(2004). After finding that federal common law applies to the choice-of-law
determination, the court held that it should first look to the Restatement (Second) of
Conflict of Laws, which states that choice of law principles in tort law are governed by
the "most significant relationship" test. Id. at 633-34. (citing Section 145 Restatement
§6). In order to determine what law has the most significant relationship to the tort, the
Restatement looks to the following factors: (a) the place where the injury occurred; (b)
the place where the conduct causing the injury occurred; (c) the domicile, residence,
nationali the relationship, if any, between the parties is centered. Id. At 634. The court
then articulated competing policy factors that should be considered in ATS cases. These
factors included: "(a) the needs of the interstate and international systems, (b) the
relevant policies of the forum, (c) the relevant policies of other interested states and the
relative interests of those states in the determination of the particular issue, (d) the
section of justified expectations, (e)ls basic policies underlying the particular field of
law, (1) certainty, predictability and uniformity of result, and (g) ease in the
determination and application of the law to be applied." Id. at 634 (citing Section 145
Restatement §6(2)). The Alvarez-Machain court held that the totality of the factors,
including the "policy of the United States, as expressed in the ATCA, to provide a
remedy for violations of the law of nations," weighed in favor of applying United States
law. Id. Case 1:07-cv-21783-A) Document 32 Entered on FLSD Docket 02/29/2008
Page 7 of 31 8 The federal common law analysis articulated in these precedents favors
the underlying trumped by federal law where the applicable law is inconsistent with
federal common law. As a practical matter, this means that federal courts typically apply
federal common law to damages under the ATS. Here, under Eighth Circuit precedent,
federal common law would apply to the determination of damages under the ATS.
Under the analysis articulated by the Tachiona court, the law of nations and federal
common law would apply to the damages inquiry under the ATS. Tachiona at 419-20.
Under the Alvarez-Machain standard, the "most significant relationship" test favors the
application of Peruvian law, but the relevant policy considerations articulated in the
decision favor the application of federal common law.
The totality of the case law, thus, weighs in favor of applying federal common law to the
determination of damages under the ATS. This Court should award Plaintiffs damages
under federal common law for their ATS and TVPA claims.
8.) JURISDICTION FOR COMPENSATORY DAMAGES AND REMEDIES
Federal Common Law on Damages Once it has been determined that federal common
law applies to the question of damages, it becomes necessary to determine how to
ascertain what the federal common law of damages is, as it relates to damages under the
ATS and the TVPA. In order to determine or to fashion federal common law remedies,
"courts may be guided by appropriate statutes without adopting any in their entirety."de
See Park v. Korean Air Lines Co., 1992 U.S. Dist. LEXIS 16841,20 (S.D.N.Y. 1992)
(citing Moragne v. State Marine Lines, Inc., 398 U.S. 375, 406-408 (1970); 3 This is true
under both the ATS, which is simply a jurisdictional grant of that enables plaintiffs to
bring claims for violations of established international law, and under the TVPA, which
creates a specific cause of action for claims of torture and extrajudicial killing. In each
case, absent the federal statute, plaintiffs would have no ability to sue in federal court. 4
The application of federal common law to damages under ATS and TVPA cases is also
supported by legal commentators. International Human Rights Litig. in U.S. Courts
states that in ATS litigation M[t]he remedy however, is a 'purely domestic tort remedy'
governed by 'traditional, well-established concepts of federal common law." Beth
Stephens, International Human Rights Litigation in U.S. Courts (Brill Publishers 2008),
citing William R. Casto, The New Federal Common Law of Tort Remedies for
Violations of International Law, 37 Rutgers L.J. 635, 641 (2006). Wright & Miller states
that courts should look to a wide variety of sources, including "considerations of what
rule is best designed to implement the underlying federal policy or statute involved [and]
general considerations of equity jurisprudence." Wright & Miller, Federal Practice &
Procedure § 4518. Although some courts conceptualize this broad inquiry as a choice of
law analysis, they only follow choice of law principles to the extent those principles are
consistent with the federal common law policy objective - enforcing the intent of the
ATS. Most federal court decisions that perform any choice of law analysis do so in the
context of an inquiry over other aspects of ATS law, rather than damages. See e.g. In re
Estate of Ferdinand Marcos Human Rights Litigation (Hilao v. Marcos) 25 F.3d 1467,
1475 (9th Cir. 1994), cert, denied 513 U.S. 1126 (1995) (abatement); Estate of Cabello v.
Fernandez-Larios, 157 F.Supp.2d 1345 (S.D. FI. 2001 (standing). Many of these courts,
although notably not the Eleventh Circuit, cite to the Restatement 2nd of Conflicts or
refer to more traditional choice of law principles drawn from United States Supreme
Court holdings such as Lauritzen v. Larsen 345 U.S. 571 (1953). See e.g. Tachiona at
420 (reviewing pre-2002 case law on choice of law issues). One outlier court based the
choice of law analysis on the law of the U.S. state in which the federal court sits.
Presbyterian Church of Sudan v. Talisman Energy Inc., 453 F.Supp.2d 633 (S.D.N.Y.
2006) (appeal pending). But federal courts have consistently refused to be shackled by
any conventional choice of law principles in ATS cases and if they conduct a choice of
law analysis at all, they do so only within the larger context of the federal common law
which itself allows reference to a broad range flegal principles. See e.g. Filartiga IL
Many courts simply collapse the choice of law analysis into the federal common law
analysis of the appropriate source of law, as the District Court did in Filartiga II. Most
courts facing the issue in this case - assessment of ATS damages after a default —skip a
choice of law analysis altogether and instead rely on previously decided ATS cases that
awarded compensatory and punitive damages. See e.g. Paul v. Avril, 901 F.Supp. 330
(S.D. Fla. 1994).
9.) U.S. law provides a wide range of civil remedies for seeking redress in cases of
torture. These include injunctions, compensatory damages, punitive damages, and
declaratory relief. In addition, the U.S. Congress has authorized the federal
government to bring civil actions to enjoin acts or patterns of conduct that violate
constitutional rights, including those that would amount to torture. At the federal
level, the principal avenues of individual redress are administrative tort claims and
civil litigation. Common law tort actions for assault, battery, wrongful death, civil
actions for violations of federally protected civil rights, suits based on federal
constitutional rights. On the state level, all of our states provide for civil tort suits
to be brought against state officials and many permit damages for violations of
state constitutional rights.
10.) This formal litany of effectively unavailable rights to tortured Guantanamo Bay
detainees and others operates as a secondary layer of Convention violation.
Namely, the violation of the right to an effective remedy for torture. Words in fact,
may be cheap. As Gabor Rona has noted here, there is little new about the
acknowledgement of extraterritoriality official by this US delegation, despite the
hype. Harold K.oh, among other commentators here, has applauded the honesty
and increased transparency of the acknowledgments made before the Committee
(a cheer for the "unequivocal yes"). On that matter, 1 am less persuaded. There is a
grave danger that acknowledgment may blur the ongoing, daily violations of
detainees' human rights. It may also cloud and allow us to forget that there are a
host of other obligations that follow from naming the fact that torture has taken
place. Lest we forget, the United States has a direct obligation to each individual
tortured and subject to cruel treatment at Guantanamo Bay, and that obligation is
one of repair, remedy and restitution.
13.) JUSTICE FOR VICTIMS OF TORTURE AND TERRORISM ACT [House
Report 110-844] [From the U.S. Government Publishing Office] 110th Congress
Report HOUSE OF REPRESENTATIVES 2d Session 110-844 September 15,
2008.—Committed to the Committee of the Whole House on State of the Union
and ordered to be printed Mr. Conyers, from the Committee on the Judiciary,
submitted the following REPORT [To accompany H.R. 5167] [Including cost
estimate of the Congressional Budget Office] The Committee on the Judiciary, to
whom was referred the bill (H.R. 5167) to amend the National Defense
Authorization Act for Fiscal Year 2008 to remove the authority of the President
to waive certain provisions, having considered the same, reports favorably
thereon with amendments and recommends that the bill as amended do pass.
Other
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IN THE
SUPREME COURT OF THE UNITED STATES
PETITION FOR WRIT OF CERTIORARI
Petitioner respectfully prays that a writ of certiorari issue to review the judgment below.
OPINIONS BELOW
For cases from federal courts:
The opinion of the United States court of appeals appears at Appendix
the petition and is
[X^reported at pA AlA,
; or,
[ ] has been designated for publication but is not yet reported; or,
[ ] is unpublished.
The opinion of the United States district court appears at Appendix
the petition and is
[ ] reported at
; or,
[ ] has been designated for publication but is not yet reported; or,
[ ] is unpublished.
$
For cases from state courts:
The opinion of the highest state court to review the merits appears at
Appendix"?_!__to the petition and is
[Cp^eported at
or,
[ ] has been designated for publication but is not yet reported; or,
[ ] is unpublished.
The opinion of the _
appears at Appendix
court
to the petition and is
[ ] reported at____
; or,
[ ] has been designated for publication but is not yet reported; or,
[ ] is unpublished.
1.
iK
to
to
JURISDICTION
For cases from federal courts:
The date on which the United States Court of Appeals decided my case
was
______
[ ] No petition for rehearing was timely filed in my case.
A timely petition for rehearing was denied by the United States Court of
Appeals on the following date:
&I__________ , and a copy of the
order denying rehearing appears at Appendix_____
[ ] An extension of time to file the petition for a writ of certiorari was granted
to and including __
(date) on
(date)
in Application No.
A
The jurisdiction of this Court is invoked under 28 U. S. C. § 1254(1).
For cases from state courts:
The date on which the highest state court decided my case was
A copy of that decision appears at Appendix S
/Afr/&/
[ ] A timely petition for rehearing was thereafter denied on the following date:
---------------------------------, and a copy of the order denying rehearing
appears at Appendix
[ ] An extension of time to file the petition for a writ of certiorari was granted
to and including
(date) on
(date) in
A
Application No.
The jurisdiction of this Court is invoked under 28 U. S. C. § 1257(a).
Constitutional And Statutory Provisions Involved
Amendment II (2)
A well regulated Militia, being necessary to the security of a free State, the right of the
people to keep and bear Arms, shall not be infringed. Pro Se Ash’s 2nd Amendment
rights were violated as a direct result of false reporting done by the State of Minnesota
though Pro Se Ash holds a conceal and carry in the State of Minnesota and has been a
responsible firearm carrier since 2015.
Amendment IV (4) The right to be safe in his/her home. Pro Se Ash has endured most of
all of the electromagnetic, audio and video harassment in her home(s) being followed
from each address and each state with the same harassment protocol.
Amendment V (5):
Rights in criminal cases No person shall be held to answer for a capital, or otherwise
infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases
arising in the land or naval forces, or in the Militia, when in actual service in time of War
or public danger; nor shall any person be subject for the same offence to be twice put in
jeopardy of life or limb, nor shall be compelled in any criminal case to be a witness
against himself, nor be deprived of life, liberty, or property, without due process of law;
nor shall private property be taken for public use without just compensation. Pro Se
Ash’s right to live a productive life has been denied by way of torture, human trafficking
and harassment of an inhumane nature.
Amendment VI (6):
Rights to a fair trial In all criminal prosecutions, the accused shall enjoy the right to a
speedy and public trial, by an impartial jury of the State and district wherein the crime
shall have been committed; which district shall have been previously ascertained by law,
and to be informed of the nature and cause of the accusation; to be confronted with the
witnesses against him; to have compulsory process for obtaining witnesses in her favor,
and to have the assistance of counsel for her defence. The United States Court of Appeal
Eighth Circuit Davenell L ash v. State of Minnesota Case No 21-2232 denied the hearing
without offering any relief from the ongoing harassment allowing the harassment of pro
se Ash to continue to perpetuate.
Amendment VII (7):
Rights in civil cases In Suits at common law, where the value in controversy shall
exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a
jury shall be otherwise re-examined in any Court of the United States, than according to
the rules of the common law. Amendment VIII (8): Bails, fines, and punishments
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual
punishments inflicted. As a direct result of the over policing inflicted upon Pro Se Ash
other law enforcement agencies were able to capitalize on the harassment protocol
violating Pro Se Ash’s civil rights.
Amendment VIII(8)
“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual
punishments inflicted.” In Pro Se Ash’s arrest and seizure in Ullin, Illinois Pro Se Ash
suffered financial, emotional and physical harm due to the false placement on the
terrorist watch list.
Amendment XIV(14):
All persons born or naturalized in the United States, and subject to the jurisdiction
thereof, are citizens of the United States and of the State wherein they reside. No
State shall make or enforce any law which shall abridge the privileges or immunities
of citizens of the United States; nor shall any State deprive any person of life,
liberty, or property, without due process of law; nor deny to any person within its
jurisdiction the equal protection of the laws. Pro Se Ash’s placement of her name on
a watchlist has greatly compromised her quality of life and pro se never had the
protection of these laws.
VAWA Act
Violence against women act makes it a federal felony to cross state lines to stalk ,
harass, threaten a victim or his/her immediate family. Pro Se Ash’s harassment has
crossed 10 different states and is still actively taking place in Duluth/Superior.
Section 233 of the patriot act prevents the government from claiming sovereign
immunity.
False Imprisonment
False imprisonment is not a lesser included offense of the crime of kidnapping.
Geitner v. State, 59 Wis. 2d 128, 207 N.W.2d 837.
A victim need only take advantage of reasonable means of escape; a victim need not
expose himself or herself or others to danger in attempt to escape. State v. C.V.C.
153 Wis. 2d 145, 450 N.W.2d 463 (Ct. App. 1989).
False imprisonment, or confinement, is the intentional, unlawful, and uncontested
restraint by one person of the physical liberty of another. State v. Burroughs, 2002
WI App 18, 250 Wis. 2d 180, 640 N.W.2d 190, 01-0738.
In the context of false imprisonment, consent means words or overt actions by a
person who is competent to give informed consent indicating a freely given
agreement to be confined or restrained. Under the circumstances of the case, even if
the jury did not believe that the victim said no, a reasonable jury could have
determined beyond a reasonable doubt that she did not consent to the restraint.
State v. Long, 2009 WI 36, 317 Wis. 2d 92, 765 N.W.2d 557, 07-2307.
22 U.S.C CHAPTER 78—TRAFFICKING VICTIMS PROTECTION
Sec.
7101. Purposes and findings.
7102. Definitions.
7103. Interagency Task Force to Monitor and Combat Trafficking.
7103a. Creating, building, and strengthening partnerships against significant trafficking in persons.
7104. Prevention of trafficking.
7104a Compliance plan and certification requirement.
7104b.Monitoring and investigation of trafficking in persons.
7104c.Notification to Inspectors General and cooperation with government.
7104d.Rules of construction; effective date.
7104e.Preventing future trafficking in the United States through receipt of complaints abroad.
7105.Protection and assistance for victims of trafficking.
7105a.Increasing effectiveness of anti-trafficking programs.
7105b.Improving domestic victim screening procedures.
7106.Minimum standards for the elimination of trafficking.
7107. Actions against governments failing to meet minimum standards.
7108. Actions against significant traffickers in persons.
7109.Strengthening prosecution and punishment of traffickers.
7109a.Research on domestic and international trafficking in persons.
7109b.Presidential Award for Extraordinary Efforts To Combat Trafficking in Persons.
7110.Authorizations of appropriations.
7111.Report by Secretary of State.
7112. Additional activities to monitor and combat forced labor and child labor.
7113.Accountability.
7114.Efforts to end modern slavery
18 U.S CODE 1001 Statement and entries generally
18 U.S. CODE 2511 Interception and disclosure of wire, oral or electronic
communications prohibited
18 U.S. CODE 2261A Stalking
18 U. S. CODE 1113 Attempt to commit murder
18 U,S, CODE 241 Conspiracy against rights
18 U.S. CODE 2340A Torture
50 U.S, CODE 1520 Use of human subjects for testing of chemical and biological
agents
18 U.S. CODE 1581 Federal crime of human trafficking
609.795 Letter, Telegram, or package tampering opening harassment
609.7495 Physical Interference with safe access to healthcare
609.713 Threats of death
609.714 Crimes committed in furtherance of terrorism
609.687 Adulteration
609.05 Liability for crimes of another
609.495 Aiding and abetting an offender
t
609.4975 Warning subject of surveillance or search
609.605 Trespassing
609.891 Unauthorized computer access
609.748(1)(A) Harassment
609.765 Defamation
609.749 Harassment and stalking
609.229 Crimes committed for benefit of a gang
609.546 Motor vehicle tampering
169.A78 Aiding and abetting
626A.02 Interception and disclosure of wire, electronic or
oral communications prohibited.
Fair Housing Act
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Reasons for Granting the Certiorari
In May of 2009 1 opened my first business with very little money and very little support. 8 years later I
had grown the business into a self-supporting very much needed ethnic beauty supply that served all
races, preferences and all income levels. At that time my business was located in Duluth, Mn and I
resided in Superior, Wi, we are connected by a bridge. Law enforcement Duluth, Mn falsified my
N.
name on a watchlist in 2017 with the sole intention to murder me after placing mevin the research
program/humantrafficking/gangstalking harassment program. Illegal surveillance, constant audio, video
and radiation harassment have all played a part in this community reality harassment show with open
displays of unified involvement. Cameras have been moved in my space to capture my facial
expressions as they use radiation and emf to my feet and ankles. The average civilian would not have
access to the many different forms of military weaponry that is being used in my harassment. With our
expanding technology field we can now operate drones, place fake news and fake videos on the
internet, cause irreparable financial damage to unsuspecting citizens and hack phones and computers
from the comfort of home. I have exhausted all levels of the government from Mayor, Senator,
Secretary of State, Attorney General, DOJ, ACLU, FBI, city counsel men and women and attempted to
reach out to battered women shelter only to find harassment worse than were I left from. Since
approaching the courts for relief the harassment has quadrupled and it is only by the grace of GOD that
I am here to ask for the Writ of Certiorari and the Writ of Extraordinary Relief due to the severity of my
harassment. I have been forced to deal with harassment 24/7 seven days a week. These agencies are
literally hosting live radiation burnings and 1 am the unwilling participant. The audio in my home, car
and business is constant and they do not lower the volume during shift change. 1 literally hear the night
shift brief the day shift and then the insults and slander start with a new energy no matter what shape 1
am in. If I attempt to stay in my home and sleep direct energy and radiation are ran under my bed from
head to toe in a attempt to cook me alive. I then go to my car where drones are waiting to do what
didn't happen inside my home. This is every home and hotel 1 have occupied in MN and WI since 2017
every single day and night. I am stalked, harassed and attacked with military weapons for no reason.
The powers that be made decisions on my life without my consent and when the direct energy failed to
do the intended job they then moved to radiation at inhumane levels to produce disease and kill. The
number of participants can easily be in the thousands with more and more people stepping up. The law
enforcement in my area watches the onslaught from a distance only to intervene to support a
gangstalker. My business has been illegally entered at least 3 times and we have only been open 2 1/2
months. If I am in the business alone I am attacked by radiation all day with emf in my feet and upper
mid back. The audio is constantly going with the same participants from Hibbing, Mn and the State of
Mississippi drone operators literally taking the lead in commentating all the verbal and radiation
attacks. It is not unusual to hear 6 to 10 people insulting, defaming, threatening and agreeing with one
another, chiding, laughing. My business, home and car all have cameras and drones out side and inside
at all times in a attempt to isolate, record illegal video and to assassinate with multiple participants.
Even as I write these perpetrators are commenting on the content in this writ while they attempt to use
electromagnetic radiation in my upper back behind my heart. I literally had to purchase 4 industrial
blowers to keep the high amounts of radiation from overwhelming me. During the entire legal
preparation from the beginning until this point the radiation harassment has been non-stop only getting
worse as well as every other area of harassment. 1 can't place orders from my business or make phone
calls. Calls are literally dropped and blocked from my phone. My email sends a message stating no
such address. My Sba loan has been sabotaged so severely I feel it is unrepairable. My gmail account
has been stolen and used for financial sabotage. My computer has crashed 20 times since preparing this
Writ though it is brand new and dozens more times while preparing my other court cases. My car has
been my only refuge and it has been out fitted with cameras, audio and electromagnetic radiation as
well. The neighbors gather at night to host viewing gatherings and to participate. The key fob to my car
has been duplicated and at whom evers will I have been purposely stranded at gas stations and remote
places only to have gangstalkers arrive to complete the harassment protocol. They use the audio
harassment to alert me as to there doings while it is taking place. The audio and video in my bathroom
space has the most importance to these people so much so I bathe in a swimsuit. Upon entering the
bathroom they do a camera check and a white man responds, “Yep” from there if I attempt to clean
private areas of my body a white female will shout out in mocking laughter as if to say “we got you
shaving”. This is also where the attempted dehumanization takes place for them while being studied for
injury from the radiation harassment. These people monitor my bathroom toilet habits closely being
that runny stool is a direct side effect of radiation exposure along with dizziness and kidney problems.
Coughing is also a side effect of direct energy being aimed at your chest area so my gangstalking
consist of many people following me laughing and coughing. For some reason I stopped coughing
when attacked. These people quickly moved to a gas which immediately produced coughing fits.
Yesterday while at the gas station the need was so great that the attendant did so over the loud speaker
prompting everyone to turn around. By cameras being placed in my business 1 have had to file reports
on illegal entries the most recent was a personal purchase of a high end make up which was
contaminated causing massive burning to my skin. My eating habits are non existence due to the fact
that most if not all food at home has been contaminated. I left my family over 20 years ago, they
haven't been much of a supporting factor and I have become self sufficient because of that fact. I was
studied and chosen for this harassment because of my distant family relations. I have never been
suicidal or violently aggressive. 1 believe in the Almighty and I take all major decisions to him first. I
am not a saint by far but I can carry my own weight. The level of harassment I have endured would
break the average person. I can’t begin to explain all the body health issues I am experiencing because
of this harassment. We have authorities in place to do their jobs with integrity instead we now have an
overwhelming amount of bigotry and cowardism ready to perpetuate any inhumane practice while
he/she hides in the background while others do his/her ill will. By listening to the audio harassment I
know there are ten people from law enforcement/military that operate the electromagnetic radiation
harassment. 3 white women , 3 white men and 3 black women. During my time in Hibbing, Mn when
the audio harassment was amplified there was one black woman participating. I later ran into that
woman unexpectedly and the bank. Soon after the encounter I didn’t hear her voice in the audio.
Hibbing, Mn is predominately white, there are no black people to participate. Upon moving to Oxford,
Mississippi the program was transposed in that state where there is no shortage of black people. The
black female from Hibbing, MN has been replaced by 3 black females from Mississippi one of which
repeats the exact same thing the other black woman did. One of the women from Mississippi was
responsible for all of the drone attacks in that state. This woman is very aggressive, angry and abusive,
she along with the white male drone operator from Hibbing, MN commentate all of the radiation
attacks for the other viewers. This is literally being played out as a live snuff show every night.
Neighbors are gathering to watch and participate in these attacks every night (I Have video) while the
participants make threats, insults, laughter, hillbilly hollars, etc. This entire area is aware that this is
taking place both Superior, Wi and Duluth, Mn and no one has tried to intervene. This is truly out of
control and from the comments I hear these people make they are confident that they will not be
charged for the multiple crimes they have committed. Last night and every night since preparing this
writ I have been attacked by drones in my car with full audio harassment. Upon leaving that area to go t
o the store I am met by 6 to 10 gangstalkers to further the attack and then to my home to dress for the
day where emf is used in my feet and ankles, DEW if I stand in one place long enough, radiation if 1 sit
or attempt to lay down, As I prepare for my shower the audio becomes more insulting while being in t
he shower camera and drone checks are done. If I take a bath the drones are then surrounding the under
side of the tub aiming for my head neck area or my feet. The audio then turns to the removal of my
bathing suit as they attempt to capture naked photos, insults are then hurdled again by the same people
since inception plus the addition from MS. Once I am dressed and have moved to hair and make up
then the insults start again , radiation from above and below begin, the white men then begin to
verbalize their disapproval by allowing me to hear “Yuk”, “Ugh”, “Ugly”, etc. Then I am off to work
where audio, video, radiation and emf are used all day long in the same fashion. If I sit or stand to long
radiation is used, if I am in the shop alone audio harassment is done all day long, if customers come in
they watch the interaction and make subtle negative sounds like, “ unn unph” as if to suggest no, “Uhh
Huh” as if to agree, and then the others are “ick”, “yuk”, “ughh. Most of the handlers do not verbalize
they make noises to confirm or deny. If they do verbalize the audio is turn way down so you can't hear
the conversation. Most if not all of the audio is used to scare, and intimidate. I literally listen to this
younger black female say “I'm dead” all day long. This was an expression used by my roomate as if to
say “I'm dieing laughing” , they recorded this and play it at least 25 times a day, especially as I am
preparing this Writ. At the shop I am forced to listen to white women, black women and white men
sling insult and agree with one another, they also instigate all attacks made by the female drone
operator from MS to keep that going, the Hibbing, Mn drone operator is always agreeing, defending
and supporting the MS drone operator in every conversation they allow me to hear. I'm not sure why
these people allowed this much to transpire but it is truly out of control. Everything they are doing to
me at this point rely on the soul operation of drones, radiation, DEW. A Few nights ago I heard Rich
Lee verbalize on the audio harassment and told the harassment crew, “I want her dead”, after that
drones were sent to my location at a much higher capacity and I am being attacked by these drones
every night since. These drones have the capability to move thru any object with little interference and
no doubt damaging any living organism in it's path. I assume to allow me to hear him verbalize his
intention that would some how deter me from writing this Writ but truth be told if you use any form of
radiation on a person, is it not your intention to harm? The extremes of my harassment and attempted
murder are literally being publicized with full community agreement. I feel I was chosen to exploit for
a larger reason. When the Duluth Police force came to my business to tow my car it was a customer
whom told me they were towing a car and were outside laughing about it, she had no idea that it was
my car. The news of that happening spread in Duluth/Superior via facebook within 15 minutes of its
happening. These displays of unity are open displays of white privilege and white power. To know that
you can violate a person's civil rights in the open with complete confidence and other white people will
support you good or bad. This is the same process only on a much larger scale. Blacks don’t fair well in
The justice system and these people have been operating in a self sustaining system that allows for
crimes against humanity to be committed and concealed at the same time. I have a good amount of
evidence substantiating my claim that 1 will submit upon request. I am also open to taking a lie detector
test if the courts deem it necessary. I ask for the courts to allow this Writ of Cetiorari to be heard for the
simple reason that my daughter’s name is also on this terrorist watch list. We cannot allow the
cowadism of a few to undermine the entire law enforcement system for the sole purpose of feeding an
elevated sense of self pride. Just to hear these people justify their actions and their displays of unity one
can only ascertain that this is truly without guidance and we should do our best to expose and eliminate
all such vigilante behavior. 1 am asking the courts for damages in both compensatory and punitive as
these agencies willingly knew the level of harassment their were inflicting was illegal and torturous on
all levels.
CONCLUSION
The petition for a writ of certiorari should be granted.
Respectfully submitted,
41
Date:
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.