AMERICA: JUSTIFICATION OF "OCCUPY PROTEST"
November 18, 2011
PRESIDENT BARACK OBAMA CREATED SEVERAL JOBS AND SERVICES BUT THE OPPOSITIONS WHO USED THE LEVERAGE OF LONGTIME IN OFFICE TACTICS HAVE CONQUERED AND RULED OVER 95% OF THE CORPORATE AND NON-CORPORATE SECTORS AND SANCTIONED JOBS AND SERVICES. COMMONWEALTH OF AMERICA SUFFER HIGHHANDED EXCLUSION AND MARGINALITY AND GROSSLY LACK OF SHARING EQUITY. POLICE BRUTALITY IS NOT A CIVILIZED, CONSTITUTIONAL AND DEMOCRATIC REMEDY. SEE WHAT A FAMILY OF 9 PEOPLE SUFFER FOR OVER SIX YEARS IN AMERICA:
http://universal-fashion-art-music.blogspot.com/2011/11/brockton-ma-superior-court-ofume-v-dhcd.htmlCOMMONWEALTH OF MASSACHUSETTS
Brockton, ss.
SUPERIOR COURT DEPARTMENT
OF THE TRIAL COURT
OF THE TRIAL COURT
CIVIL ACTION NO.
________________________________________________________________________________
Phillip Ofume (self and on behalf his family) Plaintiff (Pro se & Forma Pauperis)
v.
Massachusetts Department of Transitional Assistance (DTA)
Defendant
Defendant
_____________________________________________________________________________
COMPLAINT FOR EMERGENCY TEMPORARY INJUNCTIVE RELIEF FOR CONTINUATION OF TAFDC/FOOD STAMP BENEFITS AND PAYMENT OF UNPAID BENEFITS TO NEEDY FAMILIES WITH CHILDREN PURSUANT TO M.G.L. c. 18 sec. 2 (A)(D); 1st , 4th , 5th and 14th Amendments to the Constitution and Bill of Rights of the United States; Humanitarian Ground with direct reference to Snyder v. Phelps and Public Interest; ________________________________________________________________________________
COMPLAINT FOR EMERGENCY TEMPORARY INJUNCTIVE RELIEF FOR CONTINUATION OF TAFDC/FOOD STAMP BENEFITS AND PAYMENT OF UNPAID BENEFITS TO NEEDY FAMILIES WITH CHILDREN PURSUANT TO M.G.L. c. 18 sec. 2 (A)(D); 1st , 4th , 5th and 14th Amendments to the Constitution and Bill of Rights of the United States; Humanitarian Ground with direct reference to Snyder v. Phelps and Public Interest; ________________________________________________________________________________
Phillip Ofume, Plaintiff, on behalf his family moves this Honourable Court for Emergency Temporary Injunctive Relief, nature of continuation of TAFDC/Food Stamp benefits and payment of unpaid benefits to Plaintiff and eligible family members pursuant to M.G.L. c. 18 sec. 2 (D); 1st , 4th , 5th and 14th Amendments to the Constitution and Bill of Rights of the United States; Humanitarian Ground with direct reference to Snyder v. Phelps and public interest; because of the reasons stated below particularly the present conditions of the Plaintiff and his family. Two Appeals made in March 2011 and May 2011, DTA’s Hearing Office refused to hear the appeals and also refused to grant benefits including emergency benefits. EXHIBITS A.1 and B.1
A. PARTIES
1. Phillip Ofume, Plaintiff and his family are family of nine (9) people (hereinafter, “two parents and seven children”) and resident of Brockton, Massachusetts within the jurisdiction of this honourable Court. Plaintiff is a potential presidential candidate campaigned and campaigning for the President of Nigeria 2007, 2011 and 2015. Opponents use agencies and other services providers and they have several billions of dollars to fight Plaintiff and they have adapted homelessness and cruel economic sanction ($0.00
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income) and persecution as tools to disrupt his campaign 2007 and 2011.
2. Defendant, Department of Transitional Assistance (DTA) is agency of the Commonwealth of Massachusetts.
B. FACT AND ANALYSIS
3. Plaintiff and other dependent family members and wife are 9 (two parents and seven children) without income to the extent effective November 7, 2011 only reduced rate on cooking gas was allowed or granted and major services in support of core means of livelihood such as Employment Authorization Documents (EAD), food stamp and cash benefit pending employment, etc. were denied. EXHIBITS F & G. EXHIBITS F & G are part of Ofume v. NEFWC et al Docket No. 11-1260 before this Court and particularly Plaintiff’s Motion for Waiver, EXHIBITS A to N.
4. Plaintiff and their family members are Convention Refugees and Prisoners of Conscience adopted oversea by the United Nations High Commission for Refugees (UNHCR) and Amnesty International (Intl. Secretariat, London, UK) and they have right to work and receive other transitional services pending employment. EXHIBIT H is part of Ofume v. NEFWC et al Docket No. 11-1260 and particularly Plaintiff’s Motion for Waiver EXHIBITS A to N and incorporated in support of this Complaint.
5. Without reason USCIS Nebraska Service Center directed that no Employment Authorization Document (EAD) be granted all members of the family. Punitively, only one year of six years of their residence in US EAD was granted parents and two children (April 29, 2010 – April 29, 2011). January 1, 2011 renewal application was made and after nine months denied and Motion for Reconsideration filed and pending before USCIS’s Commissioner. EXHIBITS I & J. EXHIBITS I and J are part of Ofume v. NEFWC et al Docket No. 11-1260 and particularly Plaintiff’s Motion for Waiver EXHIBITS A to N
6. Without legal reason, Massachusetts Department of Transitional Assistance (DTA) commanded stay of grant of services such as, food stamps to adult and under 18-year children, cash benefits, etc. suspected as path to design child removal forum under the allegation that Plaintiff is unable to provide for their family whereas the government sanction employment authorization documents which is key to providing for the family. November 2011 is the ninth month when application for these services were made in Lynn and Brockton DTA district offices but no hearing has been conducted. Full transfer , Lynn, MA to Brockton, MA has been made but no assistance has been granted including expedite food stamps to
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OFUME V. DTA
under 18 years children pending appeal, EAD and employment. EXHIBIT A.
7. On October 29, 2011 one family member ( child) who was working was stopped because of failure of the USCIS Nebraska Service Center to renew his and others EAD. His Employer is CARRRABBAS ITALIAN GRILL EXHIBIT K [1 Newbury St # A Peabody Tel. (978) 535-3600].EX. K is part of Ofume v. NEFWC et al Docket No. 11-1260 and particularly attached with Plaintiff’s Motion for Waiver EXHIBITS A to N
8. Now the income of all the children is $0.00 because the governments of Canada and US refused to pay their benefits. Income of one US born child is $0.00. No consideration was made under humanitarian ground. Parents’ income is $0.00. Is possible in US and Mass for Children born in US and Canada and other children who are lawful immigrants in US and under 18 be denied food stamps and other services when parents are not working? Whether is possible for families small and large to live and survive under $0.00.
9. Plaintiff and his family have rents and utility arrears because Department of Housing and Community Development (DHCD) and DTA, January 31, 2011 – present, have not responded to Plaintiffs’ request for Transfer of Plaintiffs’ shelter benefits from Holyoke to present apartment pending reconsideration of their application for EAD and employment. The statutory time line for agency to respond to this type of application has long past. See on-going case before this Court upon which Motion/relief for Waiver of all costs are filed/sought, Docket No, 11-1260 and Motion for Waiver of all costs. EXHIBIT L. Under Document Reduction Act EXHIBITS E to M are the same and hereto incorporated and be referenced and will not be duplicated.
10. Parents have adequately and satisfactorily met their obligation as parents by earning score of academic and professional qualifications which include but unlimited to Doctorat du 3e Cycle (DEA, D.E.Phil), Lyon France; Doctorat du 3e Cycle (DEA), Lyon France; Scolarite au Doctorat du 3e Cycle (S.Dr.), Lyon France; M.Sc. (1/2) Lyon France; M.Phil., Lyon France; B.Phil., Lyon France; D.E.F. (Lyon/Geneva); Post-doctoral studies: Ph.D. (Min.) (on-going) NY USA; Juris-doctor, Canada/USA (on-going with over 35 years law study, practice, research, and investigation). NCMP - Mediation Negotiation and Conflict Management ( Dalhousie University ,Law School); NCMP - Negotiation and Conflict Resolution (Dalhousie University, Law School) ; NCMP -Advanced Mediation (inter-governmental and large corporate body mediation and conflict management and resolution, (Dalhousie University, Law School); Cert. Info Tech. – Mass and Strategic Communications; etc Phillip Ofume speaks English, French and Nigerian languages.
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B. COMPLAINT AND JURISDICTION
11. Plaintiff and his family members are qualified to receive TAFDC and food stamp pending approval of their Employment Authorization Documents (EAD) and employment. Citizenship and Immigration statues determine right to benefits in the United States or TAFDC/Food Stamp benefits in the afore-mentioned case. TAFDC/Food Stamp benefits. Non-citizen eligible applicant for these benefits must be refugee, asylee, parolee, under-18 child with lawful immigrant parents, etc. See paragraph 15 below.
12. Plaintiff and his family are US/Canadian Citizens, refugee, asylee, parolee, under-18 child with lawful immigrant parents in US for over six years and with pending Application for Permanent Residence. EXHIBITS C, D, E, F, G, H & I. (Refugee certificates, 1-94 & Alien Registration Number, Proof of Asylee, US and Canadian Birth Certificates, Proof of over six years residence, Copies and receipt of Application for Permanent Residence, etc.).
C. ARGUMENT
Plaintiff seeks leave of the Court to assign numbers to his argument.
13. Department of Transitional Assistance (DTA) is a very corrupt agency and corrupt in elevated and diverse scope . (http://www.google.com/search?hl=en&q= BRIBERY++%26++CORRUPTION%3A+ COMPLETE+DEFINITION+%26+PRACTICE+IN+BOTH+ANCIENT+&btnG=Google+Search&aq=f&oq=). When politics and personal interest determination overrule good law of America or rules and regulations or partition of who and who are conservative/republican party and democratic party; white, black, hispanic, moderate and non-moderate in the colonized world, etc., DTA becomes tool for exclusion and marginality, repression, persecution, racial discrimination, racism, xenophobia and related intolerance. Plaintiff has visited offices of the DTA and related agency in other states. Color and who you are give applicants services. Caseworkers careless about the operating rules and regulations and openly while Plaintiff observed, several services were approved without eligibility documents. Plaintiff and his family have surplus or over the eligibility documents without assistance granted. What eligibility documents are better than US birth certificate, UNHCR Certificates and other official documents issued by the government of America, etc but services or benefits were denied Plaintiff and his family.
14. Plaintiff and his family fall deeply under district, county, state and federal poverty level because of failure of the government of America to grant them EAD and the income of the family is $0.00.
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OFUME V. DTA
Punitively, under $0.00 income , Plaintiff’s children in Brockton Public School K-12 are requested to pay for reduced and free breakfast/launch. Petitions reversed this cruelty about two weeks ago but they continued to demand money or payment of arrears. SHORT EXHIBITS M, N & 0.
15. Restating that this family is nine (9) people (7 children and 2 parents). EAD is pending before USCIS Commissioner and families under this condition are granted transitional assistance. In Brockton, MA on October 20 & 21, 2005 the same politics was experienced by the Plaintiff and his family when applications for food stamps and TAFDC were made and denied on the next day Brockton, DTA office. Plaintiff proceeded to THE SUPERIOR COURT LAWRENCE, MA and before the first Motion Day DTA rushed to issue food stamps and cash benefits and Plaintiff recall the Order of the woman Honourable Justice who boldly declared, “right to benefits is based on immigration status” See Ofume v. DTA (April 2006).
16. In mid-March 2011 when Plaintiff’s political opponents used savage method to prevent entering of Plaintiff’s candidacy on the ballot for Nigeria’s Federal Election April 2011, the DTA approved Plaintiff’s Application for Food Stamp and TAFDC EXHIBIT A. In May 2011 when Plaintiff inaugurated campaign for Election 2015, swiftly DTA sent letter of Termination of Plaintiff’s food stamps and TAFDC, EXHIBIT B. Plaintiff appealed the termination and punitively to drill the family to food bank and soup table where Plaintiff and his family could be harmed and eliminated without stitches. To adequately implement this murderous political action, other providers joined Plaintiff’s opponents and severed all services and proceeded to court file eviction notice. See EXHIBIT A which is part of the matter pending before this , Ofume v. NEFWC et al Docket No. 11-1260 and particularly Plaintiff’s Motion for Waiver EXHIBITS A to N.
17. But M.G.L. c. 18 sec. 2 (A)(D) did not dictate these ugly actions of the DTA because without this intolerance the law empowering the services of DTA is well made but political interest has distorted this pious law and it speaks for itself as follows:
“Section 2. (A) The department shall provide and administer throughout the commonwealth a comprehensive transitional assistance financial assistance program, including the following services: the provision of financial assistance to those in economic need and the determination
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of eligibility for the categorical public assistance provided under the Federal-State programs;
… and other forms of financial assistance to families and individuals as needed.
In order that said services be adapted, organized and coordinated to meet the needs of certain population groups, each community service center shall provide financial assistance programs for:
(a) families, children and unmarried parents, which program shall, among other objectives, serve to assist, strengthen and encourage family life for the protection and care of children, assist and encourage the use by any family of all available resources to this end;…
(d) provide the range of transitional assistance financial assistance services on a fair, just and equitable basis to all people in need of such services;
(D) Subject to appropriation, the department shall administer a program of emergency assistance to needy families with children and pregnant woman with no other children, subject to and in accordance with the provisions of the Social Security Act of 1935, as defined in 42 USC 606(e), to provide benefits to avoid destitution or to provide living arrangements in a home. The commonwealth shall accept matching funds from the appropriate federal authorities for said program.
Said program of emergency assistance shall assist eligible families to prevent destitution or to
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OFUME V. DTA
provide living arrangements in the home.
The department shall promulgate rules and regulations to establish the levels of benefits available under the program and to ensure simplicity of administration in the best interest of needy recipients. Such benefits shall include, but not be limited to, the following:—
(a) for the prevention of the loss of housing, the actual liability up to three times the monthly rental or mortgage liability;
(b) for the prevention of utility shutoffs or for the resumption of utility services, up to three months of the actual service liabilities;
(c) for the provision of home heating assistance, up to three months of the actual fuel liabilities.
The department shall promulgate regulations which would authorize the department to make payments for a fourth month of rent, utility or fuel arrearages if the commissioner certifies in writing that the family would otherwise become homeless, or be without utilities or fuel.
(d) for the prevention of homelessness, temporary shelter as necessary to alleviate homelessness when such family has no feasible alternative housing available, up to the maximum period subject to federal reimbursement; storage of furniture for up to thirty days; moving expenses of up to one hundred and fifty dollars; advance rent payments of one
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OFUME V. DTA
month’s rent; and security deposit not to exceed one month’s rent.
The department shall establish procedures, consistent with federal law, to require applicants for the program to also submit an application for federal energy assistance where appropriate. No benefits for a particular emergency shall be provided to an applicant family under the emergency assistance program when benefits are available within seven days of application under the federal assistance program to meet such particular emergency.
A needy family shall be eligible for assistance under the emergency assistance program if its income is within the income limits for the program of aid to families with dependent children established pursuant to chapter one hundred and eighteen.
Emergency assistance shall not be granted to a family who, at any time within one year immediately prior to the filing of an application for emergency assistance, has made an assignment or transfer of real or personal property for the purpose of becoming eligible for such assistance.”
E. CONCLUSION/SUMMARIZED RELIEF
Reference to foregoing, the Court should grant the relief sought which are continuation of the family’s benefit and payment of all unpaid benefits. Because of the past and present hardship Plaintiff and his household have suffered and would suffer if this
VERIFICATION OF COMPLAINT
I, Dr. Phillip Ofume, Plaintiff, one of the parents and representative of the Ofume family hereby respectfully verify, sign and submit the foregoing Complaint and/or that the foregoing facts and evidence are true and correct under the
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OFUME V. DTA
pains and penalties of perjury.
_______________________
_______________________
Dr. Phillip C. Ofume & Co.
P.O. Box 2416 Lynn, MA 01903
Tel. (781) 479-9027,
P.O. Box 2416 Lynn, MA 01903
Tel. (781) 479-9027,
E-mail: limptintinc@gamail.com
To:
Clerk/Magistrate of the Court (Civil Sessions)
Plymouth County Superior Court
72 Belmont St.
Brockton, MA 02301
Plymouth County Superior Court
72 Belmont St.
Brockton, MA 02301
Contact information and other particulars of the Defendant:
Massachusetts Department of Transitional Assistance (DTA)
c/o The Honourable Secretary of Justice and Attorney-General of
the commonwealth of Massachusetts
Department of Justice (Litigation)
One Ashburton Place
Boston, MA 02108 -1518
Phone: (617) 727-2200
the commonwealth of Massachusetts
Department of Justice (Litigation)
One Ashburton Place
Boston, MA 02108 -1518
Phone: (617) 727-2200
Further copies to:
President Barack H. Obama
President of the United States of America
1600 Pennsylvania Avenue, NW
Washington, DC 20500
President Barack H. Obama
President of the United States of America
1600 Pennsylvania Avenue, NW
Washington, DC 20500
Vice- President Joseph Biden,
Washington Office:
Eisenhower Executive Office Bldg.
Washington, DC 20501
Honourable Eric H. Holder, Jr.
US Secretary of Justice and Attorney General,
Washington Office:
Eisenhower Executive Office Bldg.
Washington, DC 20501
Honourable Eric H. Holder, Jr.
US Secretary of Justice and Attorney General,
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OFUME V. DTA
950 Pennsylvania Avenue, N.W.
Office of the Assistant Attorney General, Main
Washington, D.C. 20530
The Chief of Immigration Judge
The Assistant Chief of Immigration Judge
OFFICE OF THE CHIEF IMMIGRATION JUDGE
5107 Leesburg Pike, Suite 2500
FALLS CHURCH,
Virginia, USA 22041
Ms. Mary Patrice Brown, Acting Counsel
Office of Professional Responsibility
950 Pennsylvania Avenue, N.W., Suite 3266
Washington, D.C. 20530
His Excellency, High Commissioner
United Nations High Commission for Refugees (UNHCR)
Headquarters,
Geneva, Switzerland
His Excellency, High Commissioner
United Nations High Commission for Human Rights (UNHCHR)
Headquarters,
Geneva, Switzerland
10
United Nations High Commission for Refugees (UNHCR)
Headquarters,
Geneva, Switzerland
His Excellency, High Commissioner
United Nations High Commission for Human Rights (UNHCHR)
Headquarters,
Geneva, Switzerland
10
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