Criminal Complaint AZ – AG Goddard

 

Terry Goddard

Complaint

David Nollmeyer files complaint with Terry Goddard Attorney General of Arizona and natural person for criminal violation of my state rights.

Statement of Facts

I have arrived to the Blythe CA - Ehrenberg AZ crossing on the Colorado River since about November 1, 2009 in continuo. The Colorado River is Chemically Despoiled. The air in the vicinity is likewise contaminated. Persons lay in wait here at the Fling J Truckstop to intimidate and harass.

I argue that this Chemical Assault - Scorched Earth is being executed with omissive and de facto consent of Attorney General Goddard.

The quantum of force used against me violates my freedom practice my Gaudiya Vaishnava (Hare Krishna) faith. I am orthodox believer and have opposed same sex marriage in California Proposition 8 and in Arizona Question 2.

The lack of response to a public emergency violates my rights to due process and freedom to remain free from cruel and unusual treatment.

The state of Arizona in prescribes in Section 2. All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights.

I am stating that there are three predicate acts identified in violation of my primary positive rights by an executive code enforcement official sworn to uphold my rights and the People of Arizona.

I am requesting an immediate criminal investigation.

David Nollmeyer
March 28, 2010
Ehrenberg AZ

Points of Law

Article 9 Free Exercise of Religion

41-1493     Definitions
41-1493.01     Free exercise of religion protected
41-1493.02     Applicability

41-1493. Definitions

In this article, unless the context otherwise requires:
1. "Demonstrates" means meets the burdens of going forward with the evidence and of persuasion.
2. "Exercise of religion" means the ability to act or refusal to act in a manner substantially motivated by a religious belief, whether or not the exercise is compulsory or central to a larger system of religious belief.
3. "Government" includes this state and any agency or political subdivision of this state.
4. "Political subdivision" includes any county, city, including a charter city, town, school district, municipal corporation or special district, any board, commission or agency of a county, city, including a charter city, town, school district, municipal corporation or special district or any other local public agency.

41-1493.01. Free exercise of religion protected

A. Free exercise of religion is a fundamental right that applies in this state even if laws, rules or other government actions are facially neutral.
B. Except as provided in subsection C, government shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability.
C. Government may substantially burden a person's exercise of religion only if it demonstrates that application of the burden to the person is both:
1. In furtherance of a compelling governmental interest.
2. The least restrictive means of furthering that compelling governmental interest.
D. A person whose religious exercise is burdened in violation of this section may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against a government. A party who prevails in any action to enforce this article against a government shall recover attorney fees and costs.
E. In this section, the term substantially burden is intended solely to ensure that this article is not triggered by trivial, technical or de minimis infractions.

41-1493.02. Applicability

A. This article applies to all state and local laws and ordinances and the implementation of those laws and ordinances, whether statutory or otherwise, and whether adopted before or after the effective date of this article.
B. State laws that are adopted after the effective date of this article are subject to this article unless the law explicitly excludes application by reference to this article.
C. This article shall not be construed to authorize any government to burden any religious belief.

2. Political power; purpose of government
Section 2. All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights.

4. Due process of law
Section 4. No person shall be deprived of life, liberty, or property without due process of law.

15. Excessive bail; cruel and unusual punishment
Section 15. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.

 

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