On July 23, 2014 Richard L. Cain filed a lawsuit against the Department of Defense; United States Central Intelligence Agency; Space and Naval Warfare Systems Command; the United States Army Research Material Command- and private individuals. Siting them to be in conspiracy to violate his 4th, 5th, 14th, and 8th Amendments. For unreasonable search and seizure; violation of due process; and cruel and unusual punishment.
Preliminary statement #1 records that an “…evolving criminal conspiracy perpetrated by: the DoD and its components… and its defense subcontractors, who authorized, funded, conspired, and concealed the fact that the Plaintiffs are human research subjects… covertly and nonconsensually implanted with (BIONI) and (MEMS) submillimeter and millimeter prototype military grade biomedical devices… (violating) …the Bill of Rights as Amended into the Constitution of the United States. Defendants’ devices are Radiofrequency (RF) controlled and powered… capable of data collection, human research, surveillance, behavior modification, and many other heinous crimes.”
In Preliminary Statement: Cain and his two young children were illegally implanted with these devices; while at dental and medical facilities that receive money/grants from the DoD under written contract. In #2 of Preliminary Statement; Cain notes the nanotechnology devices used are legally manufactured, but were illegally implanted without consent. Cain writes these devices electrically stimulate muscles and ‘other body parts,’ for behavior modification and mind control. Cain notes in the Introduction of his lawsuit, that National Security Letters (NSL’s) and phone calls to medical establishments stop the nanotechnology being removed (when they are able to be,) from the Plaintiffs bodies when Cain requests them to be taken out.
Cain writes in #4 of the lawsuit Introduction that the most “…barbaric implants have been discovered (through X-rays and CAT scans listed as evidence in the lawsuit,) in the skull and brain of the Plaintiff, and are known in the biomedical community as “Remote Neural Monitoring (RNM) devices. …All of the devices have been traced back to Fort George G. Meade, Maryland.”
Cain writes in the lawsuit Introduction #10 that many of the illegally implanted devices can deliver biological agents, including hormones, and can provide “visual and auditory biofeedback data.”
Introduction #11 sites DoD sought out neighbors to surveille Cain’s family, “… the Defendants, deputized neighbors, and rouge government agents (to) communicate with the implanted (RF) controlled device(s) in excess of 200 feet or more.”
#12, recorded military devices found inside Cain and his two children are- “… microtransducers, transmitters, coils, transducer-telemeters, stimulating metallic electrodes, power receivers, control circuitry, digitizer, telemetry circuitry, and other unknown biomedical devices, and all of them assist in the primary purpose of data collection, tracking, and human research related surveillance.”
The DoD is allowed to use these electrical devices in consensual patients in the Neural Prosthesis Program and the National Institute of Neurological Disorders and Stroke- to stimulate neuromuscular function in paralyzed muscles for limb movement.
Introduction #13 sites- this is why his children get little sleep due to uncontrolled limb movements, pain and distressed breathing in their beds at night.
Richard L. Cain is a U.S. citizen born in Chicago, Illinois. He has a Bachelor of Science in Criminal Justice with Pre-Law Minor from California State University, Los Angeles (2006) and a Masters of Law in International Taxation and Finance from Thomas Jefferson School of Law in 2012. Cain never served in the military or stepped foot outside the U.S. and wonders why 24/7 unwarranted alleged domestic counter-terrorism tactics are being used against him and his African American family.
High blood pressure was manufactured in Cain, and asthma in his children- both medical issues abundant in the black community. #16, sites Caucasian physicians, surgeons and rogue government agents “… seem to have the “Willie Lynch Syndrome…” because these medical practitioners never reveal the “… obvious implanted biomedical (RF) devices which appear in the X-rays, CT scans and MRI’s…” Cain notes that “… Defendants’ scheme also involves labeling the (RF) devices as being lymphomas, artifacts, fatty tissue, and any other medical term that will allow them to mask their illegalities.” All private individuals and their medical establishments are named in his lawsuit.
Introduction #38, records Cain’s child born in 2006 had X-rays show submillimeter and or millimeter nanotechnology (RF) microstimulators in his body. But Cain’s doctors say the X-ray (exhibit 7) was ‘normal.’ Many doctors conspired to conceal these devices.
#70 in lawsuit sites one subcontractor of the DoD disseminated false information and defamed Cain’s character alleging his involvement in criminal activity by calling a family member. There were also numerous sirens of emergency vehicles constantly going off around the Plaintiffs house to cause fear while Cain was working to find out what had been done to his family. #78 records one doctor fraudulently changed medical records. This same doctor attempted to claim that the Plaintiff was ‘mentally ill’ when Cain reported strange medical symptoms.
IV. #83 asserts that Cain was slated for a murder-by heart attack or diabetes. And his children initially implanted at birth and subsequent dental and doctor visits.
V. #88 sites Cain describing “… jolt to the left temple area of his head.” Exhibit 9 shows true copy of 2011 MRI of Plaintiffs skull.
#93, notes a 4-4-2004, x-ray said to be normal- however Plaintiff later found out the x-ray showed “…implant leads on the inside of his body and extending downward from his ears to his chest and wrapping around the left side of his body and ending in his back.” Some leads or wires noted in x-ray penetrate the left and right sides of Cain’s heart and are impossible to remove. Exhibit 11.
In Plaintiff’s child born 2007 x-rays show submill/millimeter devices implanted or injected into aorta, which cannot be removed. Exhibit 12.
Cain notes Santa Barbara Police Department, Sheriff’s Department, American Ambulance, Fire Department all stalked, tracked and intimidated Plaintiff everywhere he traveled- including aircraft. Cain writes, “Plaintiff ignored their actions, as he knew that he was an innocent man which had not engaged in any type of criminal activity.” Siting the DoD and its subcontractors “… objective was to disseminate misinformation and lies in order to further alienate and isolate Plaintiff so that he could not reach out to anyone for help to combat horrific events that he was being subjected too. … Defendants merely used law enforcement to intimidate, harass, and collect very important research data relating to the Plaintiff’s responses to their tactics and experiments.”
#138, reports the desired outcomes of such torture is to drive “… the subject crazy, induce medical conditions, induce mental illness, and or induce physical aggressiveness. … causing one to be jailed or placed in a mental institution.” Cain notes once subject is jailed or institutionalized they are discredited, allowing the DoD to continue their domestic-counter-terrorism tactics on other ‘persons of interest.’
#140 sites DoD and their subcontractors as commandeering neighbors homes, apartments, buildings and other structures “… in the name of “National Security” in order to gain close proximity to the Plaintiffs/research subject to inflict the maximum pain.” Cain attempted to stay in hotels to escape torture but realized, “… he was not safe anywhere.”
#146 records DoD used RF devices to “… administer harmful electrical shocks and pulsations to plaintiffs…” A videotape of Cain’s children being triggered during sleep is Exhibit 27.
When Cain sought legal help, National Security Letters and phone calls went out to perspective lawyers stating any support to the Plaintiff would, “… constitute “material support” to the enemy or terrorism.” The Plaintiff writes that he and his children have “… never conspired against the United States…” or could be identified as “… a lone wolf, terrorist or person(s) of interest.”
Cain writes that in 1977 a U.S. Senate Select Committee on Intelligence found illegal CIA activities concerning human biomedical research on non-consenting U.S. citizens resulted in the deaths of many Americans. #159 asserts that to date no U.S. government researcher has ever been prosecuted for non-consensual human experimentation.
#197 declares the DoD have Cain and his children in a “… prolonged and indefinite form of “virtual” imprisonment, detention and or improper designation… in violation of Federal statutory and Constitutional law.”
God Bless Richard L. Cain and his family. Keep them safe God and protected. Thank you God.
images (1) st-rose-of-lima-208×300 St_Monica_Eileen_2
After coming back from dog-sitting for my friend out west found the adhesive I placed along top of a front door security gadget removed. Letting me know that gangstalkers can enter my home anytime they want. The piece of adhesive was draped over padlock which had been taken off and replaced. A basement window was tampered with as well. Hard copy documents are missing.
No, I did not call the Springfield Missouri Police Department to ask for a report on this third home break-in, since targeting began in June of 2016. Why would I call Springfield, MO law enforcement authorities? Melissa Daugherty of the SPD said I could never again call “…unless someone was getting hurt.” Besides, last time my home was broken into and Officer Helms arrived to take the report- he wanted me to sign into his i-Pad for counseling. When I did not oblige him… within the month a team of four SPD Officers and their liaison came at various intervals– in a concerted effort appearing unannounced at my home… to pressure me into going along with their desire to place me in 96 hour mental evaluation holds. Did the SPD use discrimination, intimidation, harassment, invasion of privacy, and violation of HIPAA laws to cause me undue harm?
In the three days back in Springfield have been targeted by hand-held DEW’s outside my home so badly; that heart pain, palpitation, racing occurs non-stop. Perhaps murder by heart attack? Upon entering kitchen physical body sizzled from electricity and danger levels of magnetic energy showed on EMF reader. Whole-house directed electromagnetic weapon readings below:
in basement next to bed in kitchen on north wall of home at kitchen sink Danger levels magnetic radiation.
Thank you dear God for everything exactly the way it is today. Thank you God for bringing the Network into the light for justice and bringing the Network down to conquer them. I love you dear God. Thank you God for guiding, and protecting family, friends, territories, tools, vehicles, animals, plants and me. So be it. Amen.
Richard Cain Vs. Barack H. Obama
2014 WL 3866062
Only the Westlaw citation is currently available.
United States District Court,
Richard L. CAIN, Plaintiff,
Barack H. OBAMA, et al., Defendants.
No. CV 14–5735–DMG (E).
Signed Aug. 6, 2014.
Attorneys and Law Firms
Richard L. Cain, Santa Barbara, CA, pro se.
ORDER DISMISSING ACTION WITHOUT PREJUDICE FOR LACK OF SUBJECT MATTER JURISDICTION
DOLLY M. GEE, District Judge.
*1 On July 23, 2014, Plaintiff paid the filing fee and filed a pro se civil rights complaint pursuant to 42 U.S.C. sections 1983, 1985 and1986 and Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). The 83–page Complaint is accompanied by voluminous attachments. Plaintiff purports to sue the President of the United States, the United States Department of Defense, the Central Intelligence Agency, the United States Navy Space and Naval Warfare Systems Command, the United States Army Materiel Command, “Level 3 Communications,” a private foundation, private health care entities, individual health care professionals, “unknown Federal agents” and one hundred fictitious “Doe” Defendants.
Plaintiff alleges that various federal agencies have caused “military grade biomedical devices” to be implanted in the bodies of Plaintiff and his two minor children. These “radiofrequency devices” allegedly permit Defendants to control and track Plaintiff’s movements, control or alter Plaintiff’s mind, and cause Plaintiff to suffer physically. The supposed devices allegedly make Plaintiff appear mentally ill. The government Defendants also allegedly conducted surveillance on Plaintiff and used military aircraft and police and fire department sirens to attempt to cause Plaintiff to suffer a mental breakdown. Plaintiff’s alleged use of shielding devices assertedly foiled Defendants’ alleged plan to cause Plaintiff to suffer a mental breakdown.
The health care Defendants allegedly falsified the results of various medical examinations purportedly conducted on Plaintiff and his children in order to conceal the alleged presence of the implanted devices. This alleged falsification supposedly was part of an asserted conspiracy to conceal the government Defendants’ alleged use of implants to monitor and control Plaintiff and his children and to cause them pain. Defendants allegedly triggered the devices on days containing a “9” or a “1” and on the days before and after September 11. Defendants also allegedly triggered the devices during Plaintiff’s deposition in connection with a state court case which Plaintiff assertedly brought against some Defendants. Defendants also allegedly conspired to “frame” Plaintiff for crimes he allegedly did not commit and to label him a “person of interest” supposedly involved in criminality. Plaintiff alleges that removal of the devices will cause his death.
Typically, claims such as those alleged by Plaintiff have been asserted by indigent plaintiffs, and have suffered swift dismissal as “frivolous” under the federal in forma pauperis statute,28 U.S.C. section 1915(e)(2)(B)(1) or its predecessor, 28 U.S.C. section 1915(d).1 See e.g.,Banks v. An Unknown Named Number of Federal Judges and U.S. Covert Government Agents, –––Fed. App’x ––––, 2014 WL 1285117, at *1–2 (3d Cir. Apr.1, 2014) (upholding dismissal of complaint alleging that federal judges and others subjected Plaintiff to a “Voice to Skull” technology);McGinnis v. Freudenthal, 426 Fed. App’x 625, 628–29 (10th Cir.2011)(upholding dismissal of frivolous complaint alleging plaintiff was subjected to electromagnetic torture); Ezike v. Na. R.R. Passenger Corp., 2009 WL 247838, at *1–3 (7th Cir. Feb.3, 2009) (remanding for dismissal of complaint alleging that plaintiff was the victim of a conspiracy involving various employers, the teamsters, people of Indian descent, AMTRAK police and armed secret agents); Mendes v. United States, 88 Fed. Cl. 759, 760–62 (Fed.Cl.), appeal dismissed, 375 Fed. App’x 4 (Fed.Cir.2009)(upholding dismissal of frivolous complaint alleging that “zealot, fanatical women” employed by the FBI and CIA used “laser beam technology” against plaintiff);Ayres v. Obama,2013 WL 5754953, at *2 (D.Hawai’i Oct.22, 2013)(allegations that FBI implanted biochips in plaintiff and her family to turn them into “a living vegetable or a New World Order slave” were “so ‘fantastic’ and ‘fanciful’ as to be clearly baseless”);Athans v. Starbucks Coffee Co., 2007 WL 1673883, at *1–2 (D.Ariz. June 11, 2007)(dismissing as frivolous complaint which alleged, inter alia,that Starbucks joined law enforcement agencies and other commercial establishments to administer a chemical to plaintiff to prevent him from stalking);Foggy v. United States Gov’t, 2007 WL 1667394, at *2–3 (D.Idaho June 5, 2007)(plaintiff alleged the government used satellite to put “Hollywood voices” in her head to instruct her to molest and kill her son); Hairston v. Cheney, 2004 WL 1368795, at *1 (N.D.Ill. June 16, 2004) (dismissing as frivolous a complaint alleging that defendants inserted a camera into the plaintiff and conducted cosmic and weight gain experiments on her); Jones v. North Atlantic Treaty Org., 1998 WL 136511, at *1–3 (E.D.Pa. Mar.23, 1998) (two NATO member states allegedly “picked” plaintiff’s head, publicly aired his thoughts and mumblings, and caused him to be besieged by older women); McCorkle v. Ameritech, 1993 WL 524703, at *1–2 (N.D.Ill.Dec.13, 1993) (United States Navy and plaintiff’s employer allegedly harassed plaintiff by means of hypnosis, placement of electronic receivers into plaintiff’s sinuses, head, pelvis and rectum, placement of equipment in plaintiff’s home to induce sleep deprivation, and use of shock discipline);Carrasco v. U.S. Gov’t Justice Dep’t Strike Force, 792 F.Supp. 603, 604–05 (N.D.Ill.1992)(government allegedly surgically placed monitoring device in plaintiff’s brain to record his dreams for law enforcement agencies and made him an experiment for sex therapy); Chambers v. Webster, 1990 WL 81339, at *1 (E.D.Pa. June 5, 1990) (officials of CIA, Secret Service, Justice Department, Nuclear Regulatory Commission and state prison system allegedly conspired to harass plaintiff by means ofelectroshock therapy, telekineses, voice synthesizers,hypnotism, mental telepathy, and cybernetics);Shibuya v. George Washington Univ.,1987 WL 14638, at *1–2 (D.D.C. Aug.25, 1987)(university employees allegedly monitored plaintiff and exposed her thoughts to the public by use of microwaves and lasers, used drugs, microwaves, lasers or hypnosisto induce artificial noises and smells in plaintiff, and retarded plaintiff’s ability to take New York and District of Columbia bar examinations).
*2 Plaintiff presently is not in forma pauperis and apparently is not in custody. Accordingly, Plaintiff is not subject to the restrictions on frivolous complaints contained in 42 U.S.C. section 1915. However, a federal court lacks subject matter jurisdiction to consider claims that are “so insubstantial, implausible, foreclosed by prior decisions of this Court, or otherwise completely devoid of merit as not to involve a federal controversy.” Steel Co. v. Citizens for a Better Environment,523 U.S. 83, 89, 118 S.Ct. 1003, 140 L.Ed.2d 210 (1998) (citations and internal quotations omitted); Hagans v. Lavine, 415 U.S. 528, 537, 94 S.Ct. 1372, 39 L.Ed.2d 577 (1974) (court lacks subject matter jurisdiction over claims that are “essentially fictitious,” “obviously frivolous” or “obviously without merit”); Franklin v. Murphy, 745 F.2d 1221, 1227 n. 6 (9th Cir.1984)(court may dismiss frivolous paid complaint for lack of subject matter jurisdiction).2
Plaintiff’s frivolous, delusional and fanciful allegations do not confer subject matter jurisdiction on this Court.3 SeeBivolarevic v. U.S. CIA, 2010 WL 890147, at *1–2 (N.D.Cal. Mar.8, 2010) (court lacked jurisdiction over claims that CIA subjected plaintiff to “voice to skull technology” as a “mind control weapon”); Strode v. Dep’t of Defense,2004 WL 1572655, at *1–2 (W.D.N.Y. June 2, 2004)(dismissing paid complaint which alleged that government agents transmitted from their bodies “electomagnetic extremely low frequency radio energy from master satellites”);O’Brien v. United States Dep’t of Justice, 927 F.Supp. 382, 384–85 (D.Ariz.1995),aff’d, 76 F.3d 387 (9th Cir.1996)(unpublished disposition) (plaintiff alleged that various defendants including the United States Department of Justice, Ted Kennedy, Andy Williams, Johnny Mathis, Janet Reno, Neil Diamond, Nancy Reagan, the Phoenix Suns, Charles Barkley, the Arizona governor, the Arizona attorney general, and National Basketball Association Commissioner David Stern had assaulted the plaintiff using electronic and satellite equipment, contaminated the plaintiff with germs, and conspired to dictate whom she should marry; court dismissed the action for lack of subject matter jurisdiction because the allegations were “so bizarre and delusional that they [were] wholly insubstantial”);Doran v. McGinnis,158 F.R.D. 383, 387–89 (E.D.Mich.1994)(dismissing paid complaint as frivolous, where plaintiff alleged prison officials implanted “telepathic mind control device” in his brain to control his mind and bodily functions).
For the foregoing reasons, the action is dismissed without prejudice for lack of subject matter jurisdiction.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Not Reported in F.Supp.2d, 2014 WL 3866062
Section 1915(d)was amended and renumbered by the Prison Litigation Reform Act of 1995 (Pub.L. No. 104–134, 110 Stat. 1321,effective April 26, 1996).
The Court may raise the issue of subject matter jurisdictionsua sponte. SeeWMX Technologies, Inc. v. Miller,104 F.3d 1133, 1135 (9th Cir.1997)(en banc). The Court may dismiss an actionsua spontewithout notice where, as here, Plaintiff “cannot possibly win relief.”SeeGambill v. United States,554 Fed. App’x 558, at *1 (9th Cir. Jan.28, 2014)(quotingSparling v. Hoffman Const. Co.,864 F.2d 635, 638 (9th Cir.1998)) (failure to state a claim);Simmons v. Schwartz,2014 WL 1370384, at *1 (C.D.Cal. Feb.28, 2014),adopted,2014 WL 1370760 (C.D.Cal. Apr.8, 2014)(lack of subject matter jurisdiction).
Plaintiff previously purported to sue the City of Ventura and others for supposedly torturing Plaintiff by means of bioelectromagnetic devices and microwaves emitted from satellites. SeeCain v. City of Ventura,CV 11–5390–DMG(E). This Court summarily dismissed action CV 11–5390–DMG(E) as “frivolous and fanciful” and therefore lacking in subject matter jurisdiction.