NJWEEDMAN.COM

R. EDWARD FORCHION

Xxxxxx xxxxx,

Browns Mills, N.J. 08015

New Jersey Superior Court

Burlington County

49 Rancocas Road

Mt. Holly, N.J. 08060

Docket #-_________________

Jan. 25^th, 2005

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: COMPLAINT

“NJWEEDMA.COM” :

-LKA – :

EDWARD FORCHION : :

Plaintiff, :

: WRONGFULL, ILLEGAL ,

-VS- : UNCONSTITUTIONAL

: IMPRISONMENT

STATE of NEW JERSEY, : Jury Trial Demanded

:

Defendant. :

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As and for a complaint in this action, plaintiff “NJWEEDMAN.COM” aka EDWARD FORCHION ., alleges as follows upon information, belief and law:

(1) - On June 6 thru 10^th, 2004 State Officials acting under color of state law wrongfully, illegally and unconstitutionally imprisoned the plaintiff in the Burlington County jail for exercising his 1^st Amendment Rights to “Freedom of Speech” and “Freedom of Religion”.

(2) On August 19 thru Jan. 25^th, 2003 the State of New Jersey wrongfully, illegally and unconstitutionally imprisoned the plaintiff causing him to lose wages, companionship, liberty and freedom.

Jurisdiction

In Oct 2002 Plaintiff filed a “state tort claim” in regards to the allegations contained in this complaint, the defendant has “concealed this tort claim in the Attorney General’s Office” (DAG-Christopher Josephson). The actions alleged in the tort claim and now this suit all occurred in the State of New Jersey the County of Burlington. The Plaintiff in this action is an American citizen who has freely chosen to follow the Religion of *Rastafari one of the 1,557 religions recognized to exist in this country. Religiously intolerant state officials have repeatly violated the Plaintiff’s New Jersey Constitutional Rights for making that choice.

*RASTAFARIANISM: Is a religion which first took root in JAMAICA in the ninth century and has since gained adherents in the UNITED STATES. See: Mircea Eliade, Encyclopedia of Religion pages 96-97 (1998 edition). It is among the 1,558 religious groups sufficiently stable and distinctive to be identified as one of the existing religions in this country. See J. Gordan Melton, Encyclopedia of American Religious pages 870-71 (1991 edition). Standard descriptions of the religion emphasize the use of marijuana in cultic ceromonies designed to bring the believer closer to the divinity and to enhance unity among believers. Functionally, marijuana known as GANJA in the language of the religion --operates as a sacrament with the power to raise the partakers above the mundane and to enhance their spiritual unity. UNITED STATES Vs BAUER, 84 F.3d 1549, 1556 (9th Cir.1996), MCBRIDE Vs SHAWNEE CITY ,71 F.Supp. 2d 1098, 1100 (5th Cir) 1999, STEELE Vs BLACKMAN, 236 F.3d (3rd Cir.) 2000

Specifically, New Jersey Constitution Article 1 paragraph 6 and Article 1 paragraph 3. New Jersey Article 1 paragraph 6 protects all New Jersey citizens freedom of speech rights:

Every person may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right. No law shall be passed to restrain or abridge the liberty of speech or of the press. In all prosecutions or indictments for libel, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.

New Jersey Article 1 paragraph 3 protects all New Jersey citizens Religious Freedom right:

No person shall be deprived of the inestimable privilege of worshipping "Almighty God" in a manner agreeable to the dictates of his own conscience; nor under  any pretense whatever be compelled to attend any place of worship contrary to his  faith and judgment; nor shall any person be obliged to pay tithes, taxes, or other  rates for building or repairing any church or churches, place or places of worship, or for the maintenance of any minister or ministry, contrary to what he believes to be right or has deliberately and voluntarily to perform.

Jurisdiction this matter is rightfully incurred in the State Superior Courts although by way of separate “motion” Plaintiff plans to file a motion for change of venue in this matter due to the fact that several Burlington County Judges have also blatently and maliously violated Plaintiffs 1^st Amendment rights just as the defendant in this case. Specifically presiding Judge Sweeney, who changed Plaintiff’s duaghter’s name because of Plaintiff’s public “Political Views”. Judge Lihotz, Judge Bell, Judge Almeida and Shosslaer who were all named in a previous suit that was dismissed not because the allegations were untrue but because these Judge’s hide behind Judicial Immunity even when they KNOW they are wrong..

ARGUEMENT

The Plaintiff in this case a “practicing RASTAFARIAN” who has for years publicly Proselytized about his faith’s belief’s and practices ran for political office, has publicly sided on the side of legalization in this valid POLITICAL ISSUE. Plaintiff was “LEGALLY” publicly speaking about his belief that marijuana should be legal, this is protected free speech and because the use of marijuana is a central part of the plaintiff’s religious beliefs, infact a tenet of the faith his speech is also “religiously protected”. The Plaintiff publicly denounces the “state marijuana laws” on a regular basis. The Plaintiff’s actions were clearly protected as FREEDOM of EXPRESSION Rights.

The New Jersey Supreme Court and Appellate Court have clearly ruled on the issue of "FREEDOM OF EXPRESSION" in the past. "...where political speech is involved, our traditions insists that government allow the widest room for discussion, the narrowest range for its restriction."....."Political expression includes any fair comment on any matter of public interest, whether or not subject of an election campaign, whether or not embarrassing to local governing body, and whether or not irritating to one's neighbors.'' STATE of NEW JERSEY Vs MILLER, 83 N.J. 402, 416 A.2d 821 (1980) "...individuals, severally or in association, have a right to denounce public body, its officers, and its programs, in most searing terms, and even with wide margin of error." BOARD OF ED., BOROUGH OF UNION BEACH Vs NEW JERSEY ED. ASS'N, 53 N.J. 29, 247 A.2d 867 (1968).... "Constitutional Right of Free Speech and assembly can-not be abridged simply because others might take offense at what is being said or advocated and create a disturbance." FACULTY AD HOC OCT 15th VIETNAM MORATORIUM COMMITTE Vs BOUGH OF GLASSBORO, 111 N.J. SUPER, 258, 268 A.2d 75 (1970) -- HURWITZ Vs BOYLE, 117 N.J. SUPER. 196, 284 A.2d 190 (1971)

State officials acting under “color of state law” and following a mis-guided sense of “DO-GOODER CHRISTIANITY” refused to accept plaintiff’s claims of equal “free speech rights” and “religious rights” and maliously jailed Plaintiff. On Jan 25^th, 2003 the honorable Federal Judge Irenas ruled Plaintiff’s Rights were infact infringed and ordered the State of New Jersey to release defendant from the Burlington County jail. (FORCHION Vs ISP, 240 F.2d 302 – SEE ATTACHED ) Plaintiff now seeks “damages” in state court that resulted from this malious wrongful, illegal, and unconstitutional imprisonment.

DEMAND

These state officials did Plaintiff wrong, the Plaintiff broke no law or lawful statute or rule. At the time of the wrongful, Illegal and Unconstitutional imprisonment Plaintiff was embarrassingly working at MOBIL GAS station, on the corner of route 73 and Fellowship roads, in Mt. Laurel NJ 08054. Where had it not been for this “imprisonment” Plaintiff would have earned the pitifully low wage of $6,000.oo for the 5 months of his imprisonment (Aug-Jan). Plaintiff seeks this loss of wage and any punitive damages a jury decides to render.

SUBMITTED BY,

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NJWEEDMAN.COM legally known as Edward Forchion

because state officials refuse to accept choice in names!