UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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X. X. XXXXX :
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Plaintiff :
: Complaint
-against- :
: TRIAL BY JURY DEMANDED
Malcolm Tombs :
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Defendant :
_______________________________X
Civil action brought against Defendant Malcolm Tombs for Fraud/ Negligence; Fourth Amendment rights violations, other Civil/ Constitutional/ Human rights violations, not limited to Civil remedies re Acts terrorism transcending national boundaries {Reference- Title 42 USC 1983 provides in relevant part that: "every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State....subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution. ..shall be liable to the party injured...."}
Defendant Malcolm Tombs conducts Business in the United States under name “PBA”. Business addresses being both in HerndonVaUS and in the United Kingdom {Defendant Tombs contacts 24 Cumberland Tce. Willington Co. Durham DL15 OPB UK . Contact numbers include: Business +44 01388 745645, email xsas@hotmail.com; Home +44 01782 819 834}. Defendant Malcolm Tombs is an affiliate with the Central Intelligence Agency Herndon, Virginia United States from 1997 to Present.
Defendant Tombs is also an alumni of the University of Cognitive Science {now Informatics} in Sussex UK, with a degree in Materials Sciences {as used for Radiological monitoring . Defendant abuses Information Technology for Surveillance of Plaintiff, by Radiological monitoring, Wireless information theft {Data mining}, Acts terrorism by Wireless {by use same Radiological dispersal devices}, Cyber sex and not limited to Cyber stalking in violation of Plaintiffs Fourth Amendment rights, in violation of other Civil/ Constitutional/ Human rights and Acts terrorism transcending national boundaries.
Note- "Pleadings in this case are being filed by Plaintiff In Propria Persona, wherein pleadings are to be considered without regard to technicalities. Propria, pleadings are not to be held to the same high standards of perfection as practicing lawyers. See Haines v. Kerner 92 Sct 594, also See Power 914 F2d 1459 (11th Cir1990), also See Hulsey v. Ownes 63 F3d 354 (5th Cir 1995). also See In Re: HALL v. BELLMON 935 F.2d 1106 (10th Cir. 1991)”. In Puckett v. Cox, it was held that a pro-se pleading requires less stringent reading than one drafted by a lawyer (456 F2d 233 (1972 Sixth Circuit USCA). Justice Black in Conley v. Gibson, 355 U.S. 41 at 48 (1957) "The Federal Rules rejects the approach that pleading is a game of skill in which one misstep by counsel may be decisive to the outcome and accept the principle that the purpose of pleading is to facilitate a proper decision on the merits." According to Rule 8(f) FRCP and the State Court rule which holds that all pleadings shall be construed to do substantial justice."
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Plaintiff subjected to Warrantless Surveillance without cause by Defendant Malcolm Tombs from 1997 to Present. Defendant Malcolm Tombs conducts Surveillance by Radiological monitoring of Plaintiff {Toxic radiation exposure} for not limited to the Wireless Interception of Electronic/ Oral/ Written communications; Aggravated Identity Theft; Computer intrusion/ Theft of Magnetic/ Digital property; Theft of Plaintiffs Proprietory/ Intellectual/ Trade secret/ Copyright property, Cyber stalking. Defendant Malcolm Tombs is in violation of Plaintiffs Fourth Amendment right to security of person. Defendant Malcolm Tombs subjecting Plaintiff to abusive Surveillance by Wireless {also in violation of USC Title 18 Part 1 Ch 63 § 1343 Fraud by wire radio or television- stating in part theft Signs/ Signals/ Pictures/ Writings} is also cause for Physical theft Plaintiffs Legal documents/ Letters/ Papers/ Photographs/ Research work/ Reference books/ and personal property in violation of Plaintiffs Fourth Amendment rights to be secure in Person/ Place/ Property/ Effects.
Defendant Malcolm Tombs also subjects Plaintiff to abusive Wireless Surveillance {Radiological monitoring} by force {Extraordinary rendition} from 1997 to Present for Data mining/ Illegal search and seizure/ Coercive forced speech/ Polygraphing/ Brainmapping / Psychological operations/ / Sleep deprivation/ Cyber sex by force; Monitoring of Heart/ Breathing rate, Retinal scanning/ Voice printing, Voice analyzation/ Facial recognition/ Foot printing, Monitoring bodily functions on a 24/ 7/ 365 day basis for the past Thirteen years in violation of not limited to Plaintiffs Fourth Amendment right as to security of Person. Surveillance of Plaintiff by Defendant Tombs without Warrant or cause. Defendant Tombs also in consistent violation of the United States Atomic Energy Act 1954; in violations to include- 8 CFR 208.18 Torture / USC Title 18 Part 1 Ch 113C § 2340A Torture {a} which also states jurisdiction and conspiracy and of USC Title 18 Sec 241 Conspiracy against rights/ USC Title 18 Sec 242 Deprivation of rights under color of law and specifically USC Title 50 Ch 36 Subchapter I § 1809 Criminal sanctions}.
{Note- In United States v. U.S. District Court, 407 U.S. 297 (1972), also known as the Keith case, was a landmark United States Supreme Court decision that upheld, in a unanimous 8-0 ruling, the requirements of the Fourth Amendment in cases of domestic surveillance targeting a domestic threat.
Mapp v Ohio , The effect of the Fourth Amendment is to put the courts of the United States and Federal officials, in the exercise of their power and authority, under limitations and restraints.
Weeks v. United States,232 U.S. 383; Elkins v. United States , 364 U.S. 206. For, as stated in the former decision, The effect of the Fourth Amendment is to put the courts of the United States and Federal officials, in the exercise of their power and authority, under limitations and restraints. . . . }
Information Technology abused by Defendant against Plaintiff for Surveillance by Wireless being not limited to Human Computer Technology/ Brain Computer Interface {HCT/ BCI}, Artificial Intelligence/ Artificial Neural Networking/ Virtual reality/ Sympathetic Haptics/ Teledildonics in violation Plaintiffs Fourth Amendment right to be secure in Person/ Place/ Property/ Effects; and other Civil/ Constitutional/ Human rights violations. Wireless acts by Defendant Tombs indicative of abuse of Surveillance, abuse of Information Technology by those with no Accountability or Oversight.
Plaintiff as an aggrieved person of Surveillance by Defendant Tombs seeks Civil remedies/ Punitive redress as stated enclosed and The return of any and all information as defined under the Freedom of Information Act, whether Magnetic or Digital, Hard copy or otherwise as held by Defendant Tombs himself or any of his affiliates {Business or otherwise}, in any location/ any storage retrieval system whatsoever and Property.
{Reference- USC Title 50 Ch 36 Subchapter I § 1810 Civil liability
An aggrieved person, other than a foreign power or an agent of a foreign power, as defined in section 1801(a) or (b)(1)(A) of this title, respectively, who has been subjected to an electronic surveillance or about whom information obtained by electronic surveillance of such person has been disclosed or used in violation of section 1809 of this title shall have a cause of action against any person who committed such violation and shall be entitled to recover— (a) actual damages, but not less than liquidated damages of $1,000 or $100 per day for each day
of violation, whichever is greater; (b) punitive damages; and (c) reasonable attorney’s fees and other investigation and litigation costs reasonably incurred}.
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Plaintiff subjected to Surveillance by Wireless has also been subjected to Acts terrorism by Defendant Malcolm Tombs {Operational methods Terrorism by Wireless being the same as Surveillance by Wireless {Use of Radiological dispersal devices, Facilitated by Telecommunications}. Defendant conducts Acts terrorism by Wireless {Cyber terrorism or known as EW/ EA/ RI/ EMP} against Plaintiff on Dates not limited to 11/22/05, 5/31/03, 10/10/02, 11/00 . Defendant causing not limited to injury of person and property of Plaintiff due to reasons Acts terrorism transcending national boundaries. Defendant Malcolm Tombs consistently violates Plaintiffs Fourth Amendment and Civil/ Constitutional/ Human rights. Defendant also consistently violates the US Atomic Energy Act 1954; USC Title 18 Part 1 Ch 113B 2332h Radiological dispersal devices {a}- to include {1}/ {A}/ {B} and USC Title 18 Part 1 Ch 113B § 2332a Use of weapons of mass destruction {a}- {2}; {c}- {D}; USC Title 18 Part 1 Ch 113B§ 2332b Acts terrorism transcending national boundaries; respectively and then in violation of USC Title 18 Ch 47 § 1031 Major fraud against the United States {a}- {1}/ {2} and USC Title 18 Sec 241 Conspiracy against rights/ USC Title 18 Sec 242 Deprivation of rights under color of law respectively.
Defendant Malcolm Tombs subjects Plaintiff to Fraud/ Negligence/ False imprisonment/ Illegal search and seizure/ Conversion/ Major inconvenience; to the Interception of Electronic/ Oral/ Written communications; Theft Legal documents/ Papers/ Reference books/ Research work/ Personal property by force; to Cyber stalking/ ID Theft/ Theft of Magnetic/ Digital data; the Theft of Proprietory/ Intellectual/ Trade secret/ Copyright property; Acts terrorism transcending national boundaries causing Loss of property resulting in Personal injury and property loss; Slander/Libel/ Advertising injury; Theft of property; Hospitalization; Physical injury and other Civil/ Constitutional/ Human rights violations. Plaintiff has also been subjected to Unequal representation before the Law, nor prior case filings with the Judicial system for Civil remedies/ Punitive redress Fraud/ Negligence; Acts terrorism transcending national boundaries.
Plaintiff being injured in person and property by Defendant conducting Acts terrorism transcending national boundaries seeks Civil remedies from Defendant also stated enclosed.
{Reference- USC Title 18 Part 1 Ch 113B § 2333 Civil remedies
(a) Action and Jurisdiction.— Any national of the United States injured in his or her person, property, or business by reason of an act of international terrorism, or his or her estate, survivors, or heirs, may sue therefor in any appropriate district court of the United States and shall recover threefold the damages he or she sustains and the cost of the suit, including attorney’s fees.
(b) Estoppel Under United States Law.— A final judgment or decree rendered in favor of the United States in any criminal proceeding under section 1116, 1201, 1203, or 2332 of this title or section 46314, 46502, 46505, or 46506 of title 49 shall estop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding under this section.}.
Defendant Malcolm Tombs {contact to include +44 01388 745645, email xsas@hotmail.com} subjecting Plaintiff to Warrantless Surveillance {at Plaintiffs expense} withholds Magnetic/ Digital evidence of Thomas F Dwyer Sr having conducted Physical Surveillance of Plaintiff {Conspiracy against rights} while Plaintiff subjected to Wireless Surveillance by Defendant. Defendant Tombs withholding Magnetic/ Digital evidence of Thomas F Dwyer Sr having conducted B/E Plaintiffs Property for the Theft of Legal documents/ Papers, Letters/ Photographs, Reference books/ Research work/ Personal property; {Property torts}; of Thomas F Dwyer Sr conducting the Denial of property ownership/ Transferral Plaintiffs property {including across State lines} in violations of the 4th Amendment {Illegal search and seizure}/ USC Title 18 Sec 241 Conspiracy against rights/ USC Title 18 Sec 242 Deprivation of rights under color of law. Defendant Tombs withholds evidence as to Thomas F Dwyer Sr having conducted Civil conspiracy {Conspiracy against rights} and Rescue of seized property in violation USC Title 18 Part 1 Ch 109 § 2233 as an Accessory after the fact Acts terrorism transcending national boundaries. Defendant Malcolm Tombs withholds Magnetic/ Digital evidence as to Thomas F Dwyer Sr. having conspired to commit Acts terrorism against Plaintiff in violation USC Title 18 Part 1 Ch 113B § 2332b Acts terrorism transcending national boundaries {a}.
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Defendant Tombs exploiting Plaintiff for Surveillance/ Cyber stalking by Wireless; has also accessed US Defense communications systems for his {Defendant Tombs} personal use by IP Routing/ Packet switching {IP Trace to HerndonVaUS }. Evidence of Defendants Fraud/ Negligence, violation Executive Order Critical Infrastructure Protection as to US Cyber/ Network security; Surveillance of Plaintiff by Wireless, the withholding of Magnetic/ Digital Evidence as affiliate of the Central Intelligence Agency Herndon Va US. The “Parrallel processing” of Signs/ Sounds/ Signals/ Pictures/ Writings, or Surveillance at Plaintiffs expense having Evidence of those in Orange County {not limited to Michael Rigo of Newburgh, New York; Thomas F. Dwyer Sr., of “Richard Lally”/ “Paul Locascio” / Kenneth Petzhold of Village of Maybrook Maybrook, New York; Veronica Maxwell, Orange County District Attorney Francis Phillips/ Orange County District Attorney Investigator Jim Reilly/ Daniel Henderson of Goshen PD Goshen, New York / Daniel Bien of New York State “Cyber Terrorism Unit”, Middletown, New York/ Brandon Ozman of Walden New York and a “Michael Mitchel” formerly Milton, New York } having conducted Criminal Fraud/ Negligence; Civil conspiracy/ Color of law violations; Falsification investigations, E Discoveries, Deceit, concealment of information/ False statements/ Filing false instruments at Plaintiffs expense; Conspiracy to commit Acts terrorism as Accessories after the fact Acts terrorism transcending national boundaries} of those Harboring and concealing terrorists by the Deceit and concealment of terrorist information. Defendant withholds Evidence as to those in Orange County defrauding the Federal Bureau of Investigation and then the Department of Defense as Accessories after the fact Fraud and related activity in connection with computers, Executive Order on Critical Infrastructure Protection violation of USC Title 18 Part 1 Ch 21 § 402 Contempts constituting crimes. Those in Orange County, New York having conducted False investigations {specifically a “Jim Reilly”/ Dan Henderson” at the expense to US Cyber/ Network security}, False E-Discoveries/ False statements/ Filing false instruments, then conducting Slander/ Libel/ Advertising injury of Plaintiff to prevent Accountability for their actions in collusion with others in Orange County, New York. Those in Orange County {Named Above} having conducted Criminal Fraud/ Negligence violating to include USC Title 18 Sec 241 Conspiracy against rights/ USC Title 18 Sec 242 Deprivation of rights under color of law/ USC Title 18 Part 1 Ch 79 § 1621 Perjury generally/ USC Title 18 Part 1 Ch 79 § 1622 Subordination of perjury/ USC Title 18 Part 1 Ch 47 1001 Statements or entries generally/ USC Title 18 Part 1 Ch 19 § 371 Conspiracy to commit offense or to defraud the United States as Accessories after the fact violations USC Title 18 Part 1 Ch 113B § 2332b Acts terrorism transcending national boundaries {a}, USC Title 18 Part 1 Ch 47 § 1030 Fraud and related activity in connection with computers {a}/ Executive Order on Critical Infrastructure Protection and the Economic espionage act 1996- Theft of trade secrets. Results Criminal fraud/ Negligence by those in Orange County, New York is the facilitation further Acts terrorism/ Espionage; further Exploitation for Acts Surveillance, Cyber stalking, Data mining and Civil/ Constitutional/ Human rights violations by Defendant Tombs, Criminal Fraud/ Negligence indicative of those in having “Oversight” on the War on terrorism/ US Homeland security defrauding the Federal Bureau of Investigation, Department of Defense.
Defendant withholds Magnetic/ Digital Evidence of “Paul Locascio” Village of Maybrook PD , having conducted False impersonation while in police uniform as an Accessory after the fact Acts terrorism
transcending national boundaries and Perjury{in violations not limited to USC Title 18 Part 1 Ch 113B § 2332b Acts terrorism transcending national boundaries {a}; USC Title 18 Part 1 Ch 43 § 913 Impersonator making arrest or search/ USC Title 18 Sec 241 Conspiracy against rights/ USC Title 18 Sec 242 Deprivation of rights
under color of law; USC Title 18 Part 1 Ch 79 § 1621 Perjury generally/ USC Title 18 Part 1 Ch 47 § 1001 Statements or entries generally {a}- {1}/ {2}/ {3}/ USC Title 18 Part 1 Ch 79 § 1622 Subordination of Perjury
as an accessory after the fact Economic espionage act 1996; and as an Accessory after the fact Fraud and related activity in connection with computers}. Locascio having conducted Perjury and the Deceit/ concealment of
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terrorist information by the Falsification of investigations/ False statements/ Filing false instruments.
Defendant Tombs withholds Evidence as to those in named in Orange County, New York defrauding the Federal Bureau of Investigation and the Department of Defense {as Accessories after the Fact Fraud and related activity in connection with computers} by the Deceit/ Concealment of information in violation USC Title 18 Part 1 Ch 19 § 371 Conspiracy to commit offense or to defraud the United States. Defendant Malcolm Tombs withholds Evidence as to those in Orange County, New York having conducted Personal injury at Plaintiffs expense, the Tampering with Physical Evidence of a “Crime” scene then Defrauding the United States Department of Defense as threats to Critical Infrastructure Protection; the US War on terrorism/ US Homeland security, Personal/ Public/ Business/ E Commerce, US Cyber, Network security/ and Information assurance. Defendant Malcolm Tombs also withholds Magnetic/ Digital Evidence of those in the United Kingdom Providing Material support to terrorists/ Harboring and concealing terrorists in Sussex as threats to the US war on terrorism/ US Homeland security, Personal/ Public/ Business/ E Commerce/ US Cyber, Network security; Information security by the abuse of Information Technology and Telecommunications {Internet/ Telecommunications Fraud}.
Defendant Malcolm Tombs being a Criminal Fraud engages {from 1997 to Present} in Negligence at Plaintiffs expense and then at expense to Public/ Business/ E Commerce/ US Cyber, Network security; Homeland security; Information assurance by illicit use of Radioactive materials/ Telecommunications.
Defendant as an alumni of the University of Sussex abuses current Technology of “HCT/ BCI/ A.I./ ANN/ VR”. Defendant subjecting Plaintiff to abuse/ exploitation for Wireless acts Surveillance/ Terrorism/ Espionage/ Cyber sex and other Civil/ Constitutional/ Human rights violations from 1997 to Present. This instrument is designed to bring Accountability/ Oversight to those who would deny Civil/ Constitutional/ Human rights; use Telecommunications for Acts terrorism by the abuse of Technology {Business/ Internet/ Telecommunications Fraud} at Personal and then Public expense.
Plaintiff seeks $700 Million USD Civil/ Punitive redress from Defendant Malcolm Tombs for conducting Warrantless abusive Surveillance {Civil remedies}, Fraud/ Negligence; Acts terrorism transcending national boundaries {Civil remedies} and not limited Civil remedies re Civil/ Constitutional/ Human rights violations.
Note- Depiction Defendants abuse of Technology by Wireless {Radiological monitoring} for Surveillance/ Espionage/ Terrorism/ Torture.
X. X. XXXXX Pro Se
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