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Complaint for Preliminary & Permanent Injunctive, Declaratory Relief & Damages
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INTRODUCTION
1.
This constitutional and civil rights complaint is filed by Jacquelyn Finney, a former
federal fraud, waste, abuse and mismanagement investigator, who monitored states'
compliance with federal anti-discrimination/equal opportunity laws as part of her
duties. Plaintiff is now totally disabled due to polio, intractable pain and osteoporosis.
2.
This case arises due to a stratagem of state laws, rules, policies, practices and conduct
that allow deliberate indifference to and discriminatory animus against disabled
persons by individual judges, courts, court administrators and judicial governance/
administrative entities to deny plaintiff the free exercise of her Constitutional rights to
petition and to access state courts by:
a.
exploiting her disabilities,
b.
by risking her health and safety,
c.
by eroding her will and physical stamina to oppose illegal conduct.
Such discrimination will inevitably cause the dismissal of plaintiff's state lawsuit,
filed on October 11, 2002 in the San Diego Superior Court. This case is of
extraordinary public interest.
3.
Plaintiff's state lawsuit opposes the California Department of Managed Health Care's
(DMHC) enforcement of an HMO subscriber contract condition that requires
unconscionable prior restraint on her speech in the context of her doctor-patient
relationships in order to obtain state mandated and contractual medical benefits.
Plaintiff has been denied access to specialist physician medical care for three (3) years
by Kaiser Foundation Health Plan (Kaiser) due to her extraordinary firmness in
refusing to waive her First Amendment rights. Plaintiff's HMO contract benefits have
been rendered illusory, unjustly enriching her HMO. This case is of extraordinary
public interest.
4.
Plaintiff challenges defendants':
a.
Refusal to accommodate her disability.
b.
Refusal to investigate her complaints of discrimination, coercion and
retaliation.
c.
Violation and conspiracy to violate her U.S./California Constitutional and civil
rights.
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