UNITED STATES COURT OF APPEALS

FOR THE SIXTH CIRCUIT

 

Case Number: 03-1343

Case Name: Thomas D. Clark vs. Unites States of America named US corporation, and USA government, its agents and agencies, District Court Case No: 02-00782.

PRO SE APPELLANT’S BRIEF

Directions: Answer the following questions about the appeal to the best of your ability. Use additional sheets of paper, if necessary, not to exceed 30 pages. Please print or write legibly, or type your answers double spaced. You need not limit your brief solely to this form, but you should be certain that the document you file contains the answers to the questions below. The court prefers short and direct statements.

Within 28 days you should return your completed brief to:

The Office of the Clerk

United States Court of Appeals, Sixth Circuit

524 Potter Stewart U.S. Courthouse

Cincinnati, Ohio 45202-3988

____________________________________________________________________________

(1) Did the District court incorrectly decide the facts ? Yes

If so what facts?

The Distinct Court incorrectly ignored and misunderstood, all of the evidence and legal arguments enclosed in the main case, pages 1 to 15, and supplements 1,2, 3, to the case, since the court felt some but not all, of the arguments and complaint to be to preposterous to even consider and look at in court, and the case was dismissed, without ruling on the rest of the legal facts, complaints, and laws presented in the case. Please see enclosed copy, Enclosure 1, of the cause of action of appeal filed with the District Court, items 1 to 5 under Cause of Action of Appeal, for the detailed arguments and example evidentiary exhibits, and for the legal facts and evidence that the District Court ignored or misunderstood.

(2) Do you think the District Court applied the wrong law? Yes

The compliant and case was clearly filed in US and USA Federal Court, as primarily a constitutional case, and a constitutional complaint under the administrative procedure act request, and under Without Prejudice UCC 1-207, to ask the USA government and US corporation to change their policies for failing to defend constitutional rights and violating constitutional rights of freedom of association, press, information, and religion by the US and USA governmental agencies using its own agencies, and making agreements with international organizations such as the United Nations and the United Kingdom, corporations, and secret organizations to use surveillance, directed energies and space based weapons technologies on US and USA citizens, as explained in the main case, which the District Court completely ignored. And the case was filed as a tort act, to ask for monitory damages done to the plaintiff due to the USA government and US corporation not defending the constitutional rights of the plaintiff , US and USA citizens, in general and violating constitutional rights of the plaintiff and US and USA citizens, which harmed the plaintiff’s health and denied the plaintiff the constitutional rights of freedom of work, association, information, press, and religion. No evidence was needed to be proven in court, since the case was purely constitutional, but evidence was submitted to the court, to show the extreme violations of the constitutional rights and damages done to the plaintiff and other US and USA citizens by the US corporation and USA government. Please see enclosed copy, Enclosure 1, of the cause of action of appeal filed with the District Court, items 1 to 5 under Cause of Action of Appeal, for more details.

(3) Do you feel that there are any other reasons why the District Court's judgment was wrong? Yes If so, what are they?

The District Court did not even look at the evidence or the arguments of the case, due to some of the background motives and arguments of the case being to preposterous to consider in court. The evidence and arguments of the case clearly proved the constitutional violations, administrative procedure violation, and the tort violations. Also the court did not even consider the request for a restraining order filed against the USA government and US corporation, in supplement 3 of the case, to prevent the USA government, US corporation, and agreements made with secret and international organizations from stalking and assaulting the plaintiff with surveillance, secret agents, and directed energy technologies, and to define the airspace around the plaintiff in court as free from space based weapons, surveillance, & directed energy technologies, since the USA government and US corporation can legally place any citizen under surveillance without their knowledge and without a freedom of information act request check to prevent the surveillance, due to present and past martial law and presidential orders, and US corporation DOD surveillance policies, as explained in the main case. Please see enclosed copy, Enclosure 1, of the cause of action of appeal filed with the District Court, items 1 to 5 under Cause of Action of Appeal, for more details.

(4) What action do you want the Court to take in the case?

I would ask the court to reread all of the 15 page main case and supplementary 1,2, 3 arguments and facts, and peruse the evidence in the main case and supplements 1,2, and 3, to verify that the legal arguments, facts, and case, prove the constitutional, administrative procedure act, and tort act violations explained in the case and above, and award the relief requested to the plaintiff of 1 million dollars due to constitutional violations and right’s damages done by the US Government and Corporation, denying the plaintiff work, freedom of association, information, religion, and harming the plaintiff’s health, as explained above and in the main case. I also ask the court to consider issuing a permanent restraining order on the USA Government, US Corporation and agreements made with international, corporate, and secret organizations such as the United Nations and the United Kingdom, to prevent the USA government, US corporation and agreements made with international, corporate, and secret organizations such as the United Nations, and the United Kingdom, from using space based weapons, directed energies, and surveillance technologies on the plaintiff, plaintiff's family, and associates. I would like to ask the court to consider asking the USA government and US corporation to change its polices and agreements made with international, corporate and secret organizations such as the United Nations, and the United Kingdom, to defend the constitutional rights of all USA and US citizens, so that no space based weapons, surveillance, or directed energy technologies are used to harm the health or constitutional rights of any US or USA citizen and US and USA government agent. Please see enclosed copy, Enclosure 1, of the cause of action of the appeal filed with the District Court for a more detailed explanation of the relief sought, Pages 3 to 5.

(5) What specific issue do you wish to raise on appeal?

The primary legal issues are that the District Court did not read the main case arguments and supplementary arguments 1,2,and 3 and peruse the evidence and facts enclosed in the main case and supplements 1,2, and 3, nor did the District Court understand the legal arguments and relief requested as explained above and in the main case, and enclosed, Enclosure 1, cause of appeal pages 1 to 5. The court did not rule on the constitutional complaints, the administrative procedure act complaint as explained above and in the main case, and wrongfully ruled on the tort action complaint by ignoring the evidence and arguments as being to preposterous to consider or look at in court. The specific facts that the district court highlighted as “rambling and preposterous” in the case ruling were merely motives and background information which needed no evidence though evidence was submitted, to help the court understand the extreme constitutional violations that had occurred to the plaintiff due to the USA government and US corporation, ignoring the constitutional rights of freedom of religion, press, and association by using surveillance technologies in general on US and USA citizens in general, including the plaintiff, and by making secret agreements such as international ECHELON surveillance agreements, with international organizations such as the United Nations, other nations states such as the United Kingdom, and corporations to also use space based weapons, directed energies, and surveillance technologies on US and USA citizens. Evidence was provided in supplements 1,2, and 3 of the main case, to show that the USA government and US corporation had made agreements with international organizations such as the United Nations, and the United Kingdom, to use space based weapons, directed energies, and surveillance technologies, and to use psychological warfare in the popular media with the CIA funded by the United Kingdom, on US and USA citizens, which harms their health and violates their constitutional rights to freedom of press, association, and religion. Please see enclosed copy, Enclosure 1, of the cause of action of appeal filed with the District Court, items 1 to 5 under Cause of Action of Appeal, for more details.

I certify that a copy of this brief was sent to opposing counsel via U.S. Mail on the 27th day of March, 2003, .

________________________, Without Prejudice UCC 1-207

Thomas D. Clark, Signature (Notary not required)

Enclosures:Encl. 1: Cause of Action of Appeal submitted to the District Court, pages 1 to 5.