https://drive.google.com/file/d/19DD-nRpCHwN37oI5QrivHOSK--so3Kim/view?usp=sharing
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
NAVY SEAL 1, United States Navy, NAVY SEAL 2, United States Navy, EOD OFFICER, United States Navy, SENIOR CHIEF PETTY OFFICER, United States Navy, CHAPLAIN, United States Navy, LIEUTENANT COLONEL 1, United States Marine Corps, LIEUTENANT COLONEL 2, United States Marine Corps, MAJOR, United States Marine Corps, SECOND LIEUTENANT, United States Marine Corps, CAPTAIN, United States Marine Corps, ARMY RANGER, United States Army, LANCE CORPORAL 1, United States Marine Corps, LANCE CORPORAL 2, United States Marine Corps, MAJOR, United States Air Force, NATIONAL GUARDSMAN, Virginia Army National Guard, COAST GUARD LIEUTENANT, United States Coast Guard, COLONEL, United States Army, TECHNICAL SERGEANT, United States Air Force, DEFENSE DEPARTMENT CONTRACTOR, United States Department of Defense, FEDERAL CIVILIAN ENGINEER CONTRACTOR, FEDERAL CIVILIAN CONTRACTOR EMPLOYER, FEDERAL NUCLEAR CONTRACTOR EMPLOYEE, DEPARTMENT OF ENERGY CIVILIAN NUCLEAR TECH, for themselves and all others similarly situated, Plaintiffs,
v.
JOSEPH R. BIDEN, in his official capacity as President of the United States, LLOYD AUSTIN, in his official capacity as Secretary of the United States Department of Defense, and ALEJANDRO MAYORKAS, in his official capacity as Secretary of the Department of Homeland Security, Defendants.
VERIFIED CLASS ACTION COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF AND DECLARATORY RELIEF
“Our citizens in uniform may not be stripped of basic rights simply because they doffed their civilian clothes.”1
Case No. 8:21-cv-02429
COUNT I – VIOLATION OF THE EMERGENCY USE AUTHORIZATION PROVISIONS OF THE FEDERAL FOOD, DRUG, AND COSMETIC ACT, 21 U.S.C. § 360bbb-3
COUNT II – VIOLATION OF THE FIRST AMENDMENT TO THE UNITED STATES CONSTITUTION
COUNT III - VIOLATION OF THE RELIGIOUS FREEDOM RESTORATION ACT, 42 U.S.C. § 2000bb-1, et seq.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs, on behalf of themselves and all others similarly situated, respectfully pray for relief as follows:
A. That the Court issue a temporary restraining order restraining and enjoining Defendants and their officers, agents, employees, and attorneys, and all other persons in active concert or participation with them, from enforcing, threatening to enforce, attempting to enforce, or otherwise requiring compliance with the Federal COVID-19 Vaccine Mandate such that:
i. Defendants will immediately comply with the Emergency Use Authorization Statute so that each individual has the “option to accept or refuse” administration of the COVID-19 vaccines as
there is currently no FDA approved COVID-19 vaccine available to the population;
ii. Defendants will immediately cease in their refusal to consider, evaluate, or accept Plaintiffs’ requests for exemption and accommodation for their sincerely held religious beliefs;
iii. Defendants’ will immediately grant Plaintiffs’ requests for religious exemption and accommodation from the Federal COVID-19 Vaccine Mandate; and
iv. Defendants will immediately cease any actions arising from or connected to the military servicemember Plaintiffs’ religious exemption and accommodation requests, including current and ongoing punishment and threatening to dishonorably discharge, court martial, and impose other life-altering disciplinary actions on Plaintiffs for failure to accept a COVID-19 vaccine that violates their sincerely held religious beliefs;
v. Defendants will immediately cease any actions arising from or connected to the federal civilian employee and contractor Plaintiffs’ religious exemption and accommodation requests,
including demotion, termination, or other disciplinary actions on Plaintiffs for failure to accept a COVID-19 vaccine that violates their sincerely held religious beliefs;
B. That the Court issue a preliminary injunction pending trial, and a permanent injunction upon judgment, restraining and enjoining Defendants and their officers, agents, employees, and attorneys, and all other persons in active concert or participation with them, from enforcing, threatening to enforce, attempting to enforce, or otherwise requiring compliance with the Federal COVID-19 Vaccine Mandate such that:
i. Defendants will immediately comply with the Emergency Use Authorization Statute so that each individual has the “option to accept or refuse” administration of the COVID-19 vaccines as there is currently no FDA approved COVID-19 vaccine available to the population;
ii. Defendants will immediately cease in their refusal to consider, evaluate, or accept Plaintiffs’ requests for exemption and accommodation for their sincerely held religious beliefs;
iii. Defendants’ will immediately grant Plaintiffs’ requests for religious exemption and accommodation from the Federal COVID-19 Vaccine Mandate; and
iv. Defendants will immediately cease any actions arising from or connected to the military servicemember Plaintiffs’ religious exemption and accommodation requests, including current and ongoing punishment and threatening to dishonorably discharge, court martial, and impose other life-altering disciplinary actions on Plaintiffs for failure to accept a COVID-19 vaccine that violates their sincerely held religious beliefs;
v. Defendants will immediately cease any actions arising from or connected to the federal civilian employee and contractor Plaintiffs’ religious exemption and accommodation requests, including demotion, termination, or other disciplinary actions on Plaintiffs for failure to accept a COVID-19 vaccine that violates their sincerely held religious beliefs;
C. That this Court render a declaratory judgment declaring that the Federal COVID-19 Vaccine Mandate, both on its face and as applied by Defendants, is illegal and unlawful in that it purports to remove federal civil rights and constitutional protections from military servicemembers and civilian federal employees and contractors, and further declaring—
i. the Federal COVID-19 Vaccine Mandate violates the federal Emergency Use Authorization provisions of the Federal Food, Drug, and Cosmetic Act by imposing a mandatory COVID-19 shot upon Plaintiffs without giving the “option to accept or refuse” the EUA product;
ii. the Federal COVID-19 Vaccine Mandate, without sufficient provision for exemption or accommodation for sincerely held religious beliefs, violates the First Amendment to the United States Constitution by imposing a substantial burden on Plaintiffs’ sincerely held religious beliefs;
iii. the Federal COVID-19 Vaccine Mandate, without sufficient provision for exemption or accommodation for sincerely held religious beliefs, violates the federal Religious Freedom Restoration Act by imposing a substantial burden on Plaintiffs’ sincerely held religious beliefs;
D. That this Court adjudge, decree, and declare the rights and other legal obligations and relations within the subject matter here in controversy so that such declaration shall have the full force and effect of final judgment;
E. That this Court retain jurisdiction over the matter for the purposes of enforcing the Court’s order;
F. That this Court grant such other and further relief as the Court deems equitable and just under the circumstances.
https://drive.google.com/file/d/1NgCdS7is6-NXpRS-BfUHCacitbXBtBQ_/view?usp=sharing
PLAINTIFFS’ MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION
WITH MEMORANDUM OF LAW IN SUPPORT
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
NAVY SEAL 1, et al., for themselves and all others similarly situated, Plaintiffs,
v.
JOSEPH R. BIDEN, in his official capacity as President of the United States, et al., Defendants.
Case No. 8:21-cv-02429
Plaintiffs, pursuant to Fed. R. Civ. P. 65, move the Court for a temporary restraining order (TRO) and preliminary injunction against Defendants’ enforcement of the unconscionable, unconstitutional, and unlawful Federal COVID-19 Vaccine Mandate that all United States Armed Forces servicemembers, civilian federal employees, and civilian federal contractors accept or receive a COVID-19 vaccination in violation of their sincerely held religious beliefs. Plaintiffs incorporate by reference the facts stated in their Verified Complaint filed simultaneously herewith.
REFERENCE:
LIBERTY COUNSEL
Military, Federal Employees and Civilian Contractors Sue Biden
Oct 15, 2021
WASHINGTON, D.C.— Liberty Counsel has filed a class action lawsuit along with a motion for a temporary restraining order and injunction against Joseph R. Biden, U.S. Secretary of the Department of Defense Lloyd Austin and U.S. Secretary of the Department of Homeland Security Alejandro Mayorkas on behalf of members from all five branches of the military -- Army, Navy, Air Force, Marines, and Coast Guard -- federal employees and federal civilian contractors, who have been unlawfully mandated to get the COVID shots or face dishonorable discharge from the military or termination from employment.
Liberty Counsel’s military plaintiffs in this lawsuit have all agreed and sworn an oath to protect and defend the Constitution of the United States and to sacrificially lay down their life for their fellow citizens against enemies both foreign and domestic. These military heroes face dishonorable discharge, court martial, termination and other disciplinary actions merely for submitting their religious exemption requests.
Liberty Counsel Founder and Chairman Mat Staver said, “The Biden administration has no authority to require the COVID shots for the military or for federal employees or civilian contractors. Nor can the Biden administration pretend that the federal Religious Freedom Restoration Act and the First Amendment do not apply to its unlawful mandates. The Commander-in-Chief must end this shameful treatment and abuse of our brave military heroes. Forcing the COVID shots without consent or consideration for their sincere religious beliefs is illegal.”
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