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  1. #1

    Default How to File a Federal Injunction

    My question involves civil rights in the State of: VA/Federal Level

    I wish to request injunctions against enforcement of the Comprehensive Drug Abuse Prevention and Control Act of 1970, on the grounds of violation of the 9th Amendment to the Constitution of the United State (citing the generally acknowledged but unenumerated Right to Body), of the Fourth Amendment and the right to privacy inherent in it, of Article 1 (right to conscience) of the Universal Declaration of Human Rights (which is binding on the United States as a signatory of the International Covenant on Economic, Social, and Cultural Rights and the International Covenant on Civil and Political Rights), of Article 12 of the UDHR (protection from arbitrary interference with the right to privacy), of Article 18 of the UDHR (also protecting freedom of conscience, and observance of practice based on such), of Article 22 of the UDHR (protecting rights necessary to the free development of personality), and of Article 29 of the UDHR (stating that people shall be subject only to such limitations on their rights as are necessary to protecting the rights and freedoms of others, and the JUST requirements of morality and public order). However, I'm having difficulty finding information on how to start the process of obtaining an injunction. Could somebody please provide me with advice on how to request the injunction, and the necessary requirements to file it?

  2. #2
    Join Date
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    Default Re: How to File a Federal Injunction

    Start by reading the Federal Rules of Civil Procedure.

    Seriously, though, I can tell from your question that you're way out of your league. I thus suggest you consult whatever wrong you believe occurred with a lawyer, and retaining the lawyer to pursue whatever remedies are legally justified given the facts at issue.

  3. #3

    Default Re: How to File a Federal Injunction

    Thanks for the link.

    I probably would be out of my league on my own, but the end game isn't the injunction. The plan, if we can gather enough support for it, is to have at least one person request an injunction in a different state every day for a year in order to attract a large amount of media coverage to the issue and hopefully force Congress to stop ignoring the large amount of public discontent with the Act and the "War on Drugs"

  4. #4
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: How to File a Federal Injunction

    HOW, as KIA correctly points out, is not an easy legal task.


    First there must be an issue of how YOU were harmed or can be harmed, Prudential Standing.

    If a person who has Standing, a seperate legal task to plead in and of itself, asserts a law is UNconstitutional, then probably a properly titled action would be an action under the federal Declaratory Judgments Act to first have the court issue a Declaration the law is indeed UNconstitutional, and then request an Injunction to halt it's execution, commonly titled a Complaint for Declaratory Judgment and Injunctive Relief.

    IF this is a do it yourself project of a non legally trained person, expect to be dismissed.

    Such a suit is extremely complex to be Plead properly to survive a non dismissal.

    The proper jurisdiction of the court must be stated, the proper venue, table of authorities, etc.

    As KIA stated, one must be well versed not only on the FRCP, but the local rules of that Federal District court.

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