Racial Discrimination Basis of Webster Smith case.

He raped me six months ago. I got pregnant. I had an abortion. I continued to date him. I still love him. No one knew but us. He told our secret. Now, after 6 months, with Van Sice's help, I can see that it must have been rape.

A formal complaint of sexual and racial discrimination was filed on 17 July against Captain Douglas Wisniewski and Admiral James Van Sice. The Academy Civil Rights Officer was unable to informally resolve the complaint. In accordance with the Department of Homeland Security regulations, the complaint has been forwarded to Coast Guard Headquarters for resolution.
The Civil Rights Officer was not able to resolve the complaint partially because the Academy virtually denied everything, except that there might have at one time been a cadet at the Academy by the name of Webster Smith.

Admiral Thad W. Allen, Commandant of the Coast Guard, speaking at the Academy on 8 September did not mention the recent controversy at the academy earlier this year, when, for the first time in the school’s history, a cadet was court-martialed. But, talking with reporters afterward, Allen said THE PROCESS used to deal with the issue worked as it should, and said he was not worried about the academy’s reputation being soiled by the incident.

THE PROCESS used to convict Webster Smith was a mockery of justice. For anyone to say that it worked as it should would conjure up images of Judge Roy Bean, the only law west of the Pecos River in West Texas. Judge Bean was famous for saying, First we are going to try him, THEN we are going to hang him. Judge Roy Bean's PROCESS worked as it should also, but some American like to think that we have moved beyond the crude frontier methods of the nineteenth century when the only way to tell lawmen from outlaws was to observe which end of the rope they were on.


The Webster Smith case will live in infamy along with the The Dred Scott Decision. In March of 1857, the United States Supreme Court, in the DRED SCOTT Decision led by Chief Justice Roger B. Taney, declared that all Blacks -- slaves as well as free -- were not and could never become citizens of the United States. In 1936 the Coast Guard honored him by naming a ship after him, the USCGC Taney (WHEC-37).

Formal complaints were also files with the Department of Justice Civil Rights Division and the General Accounting Office. All three complaints made similar allegations.
The complaints alleged, among other things, that Cadet Webster Smith was sexually discriminated against because of his sex and gender when he was charged with a crime for engaging in a consensual sex act, and the other person was not charged - to wit Shelly Raudenbush. That was a violation of his 14th Amendment right to equal protection of the law.
The complaint is a laundry list of civil rights violations. If any one of the allegations is found proved it would be enough to grant the relief asked for. The complaint alleges the following violations:
A) His civil rights were violated when he was forced to work on the boat docks beginning prior to and continuing until June 20, 2006, before being charged with a UCMJ offence, because of his race;
B) His civil rights were violated when he was sentenced to hard labor before being found guilty on or about June 27, 2006;
C) His civil rights were violated because of his race when he was falsely imprisoned was not allowed to go freely on liberty without any due process before trial;
D) His civil rights were violated when he had to work on the boat docks - before being found guilty - because of his race;
E) His civil rights were violated when press releases were issued with his name and photograph before he was charged accusing him of sexual assault - because of his race;
F) His civil rights were violated when he was not free to continue with academic classes before being charged and/or before being found guilty because of his race;
G) His civil rights were violated when he was denied the equal protection of the law when he was court-martialed on similar allegations - while others were given non-judicial punishment -because of his race;
H) His civil rights were violated when he was denied the right to a fair trial because his commanding officer suborned perjury; This denial was because of his race.
I) His civil rights were violated when he was denied the opportunity to present character evidence favorable to him during the extenuation and mitigation portion of the trial. These character witnesses were standing by ready to testify and were never called. This denial was because of his race.
J) He was denied his right to a detailed military counsel; to wit, a Coast Guard lawyer. - He was assigned a Navy JAG lawyer without any prior consultation with him, because of his race.
K) His civil rights were violated when his Commanding Officer, Capt. Wisniewski, exerted undue command influence by soliciting witnesses to lie about him.
L) His civil rights were violated when his Commanding Officer, Capt. Wisniewski, gave him an unlawful order; to wit, not to send an e-mail or communicate with anyone anywhere before he was charged. Sending one e-mail to one friend at Annapolis, who was not a potential witness, could not have amounted to witness tampering.
M) His civil rights were violated and his reputation was irreparably damaged when his Commanding Officer, Capt. Wisniewski, issued a public statement that he was a sexual predator and that his presence created an intimidating environment in Chase Hall before he was charged with the crime.
N) His civil rights were violated when his Commanding Officer, Capt. Wisniewski, deliberately postponed scheduling a court martial until all of the witnesses against him became commissioned officers instead of being cadets like him thus decreasing his credibility against the witnesses' credibility.
O) His civil rights were violated when his Commanding Officer, Capt. Wisniewski, issued a restraining order prohibiting him going within 100 yard of the Academy grounds before being charged of any crime - because of his race.
P) His civil rights and his right to a fair trial were violated when he was denied a trial by a jury of his peers, since no cadet was in the jury pool, and no cadet sat on his jury, because of his race.

In order to resolve the complaint, he demanded the following:
A) Immediate release from confinement.
B) Restoration of all pay and allowances.
C) Reinstatement as a first class cadet at the USCGA ,
D) Resumption of his senior academic studies,
E) To be allowed to graduate and receive a commission with a date of rank as an officer of the Class of 2006.
F)A written formal apology from Capt. Wisniewski, and a Public Information Press Release stating that he was not sexual predator, that he did not create a hostile environment at Chase Hall.

MEMORANDUM
To: USCG Civil Rights Office
From: Webster Smith
Date: July 17, 2007
RE: FORMAL COMPLAINT OF CIVIL RIGHTS VIOLATIONS
I.
Jurisdiction
1.1 This action is brought pursuant to 42 U.S.C. §§ 1983 and 1988 and the first, fourth, fifth, eighth, and fourteenth amendments to the Constitution of the United States.
II.
Nature of the Action and Relief Sought
2.1 This is a civil rights violation case by a federal employee alleging a continuing series of discriminatory conduct against him because of his race and gender.
2.2 This also is an action under the common law of the State of Texas for false imprisonment, invasion of privacy, false light and intentional infliction of emotional distress.
2.3 Complainant seeks a declaration that the acts of the defendant agency intentionally and unlawfully discriminated against him because of his race and gender.
2.4 Complainant additionally, and independent of the claims against the government agency, seeks appropriate injunctive relief and compensatory and punitive damages against the individual defendants.
III.
The Parties
3.1 Webster Smith, complainant, is an adult male citizen of the United States and the State of Texas. He is an African-American citizen and a resident of Houston, Texas. At all times material to this action he was a cadet at the United States Coast Guard Academy.
3.2 Robert E. Rubin, Admiral Wisniewski, Superintendent at the United States Coast Guard Academy and at the United States Coast Guard, an agency of the United States of America.
3.3 Douglas Wisnewski, Captain, Commandant of Cadets at the United States Coast Guard Academy, an agency of the United States of America.
3.4 Sean Gill, Commander, Staff Legal Officer, at the United States Coast Guard Academy, an agency of the United States of America.
IV.
Facts
4.1 Defendants have maintained, acquiesced in the maintaining of, or failed to take appropriate required action to eliminate a general and consistent pattern and practice of racial discrimination by white Officers against African American cadets at the United States Coast Guard Academy.
4.2 Such pattern and practice has been consistently manifested for at least the two years preceding the filing of Complainant's formal complaint by the following acts and others:
4.2.1 African American cadets have been subjected to unwarranted criticism and disparagement of their work by white officers.
4.2.2 White officers have subjected African American cadets to harsh and unreasonable performance standards not generally applied to other cadets and not consistent with applicable personnel practices and regulations.
4.2.3 Abuse of authority by white Officers toward African American cadets intended to humiliate, embarrass and invade the privacy of said African American cadets.
4.2.4 White Officers have subjected African American cadets to harsher discipline than accorded white cadets for the same or similar alleged misconduct.
4.3 Consistent with and pursuant to that general policy and practice, Complainant was discriminated against because of his race and gender in the following respects:
4.3.1 Starting on or about January 2006, Complainant was falsely imprisoned and was not allowed to go freely on liberty without any due process before being charged with any offense under the Uniform Code of Military Justice (UCMJ).
4.3.2 On or about January, Complainant was ordered to perform hard labor on the boat docks until June, 2006. During which time his classmates continued to attended classes. This prevented Complainant from completinging his education and thus obtaining his college degree.
4.3.3 On or about January 2006, Complainant was forced to work on the boat docks beginning prior to and continuing until June 20, 2006 by his Commandant Officer while all his classmates were attending classes, and before being charged with a UCMJ offence, because of his race;
4.3.4 Complaint was ordered to work on the boat docks - before being found guilty - thus preventing him from attending classes and finish his education because of his race.
4.3.5 Complainant’s civil rights were violated when press releases were issued with his name and photograph stating that he had committed sexual assaults and other crimes before he was charged with any such allegations - because of his race;
4.3.6 Complainant was not free to continue his academic classes before being charged because of his race;
4.3.7 Complainant was denied the equal protection of the law when he was court-martialed on similar allegations - while others were given non-judicial punishment -because of his race;
4.3.8 During his trial, on or about June 2006, Complainant was denied the right to a fair trial when he was denied the opportunity to present character evidence favorable to him during the Extenuation and Mitigation (E&M) portion of the trial. Character witnesses were standing by ready to testify and were never called. This denial was because of his race.
4.3.9 On or about June 2006, Complainant was not allowed to properly cross-examine the Agency’s main witness, Sherry Radenbush.
4.3.10 Complainant was denied his right to a detailed military counsel; to wit, a Coast Guard lawyer. - He was assigned a Navy Judge Advocate General (JAG) officer without any prior consultation with him, because of his race.
4.3.11 Complainant’s civil rights were violated when his Commanding Officer, Capt. Wisniewski, exerted undue command influence by soliciting witnesses to lie about him.
4.3.12 Complainant’s Commanding Officer, Capt. Wisniewski, gave him an unlawful order, thus abusing his authority; to wit, not to send an e-mail or communicate with anyone anywhere before he was charged. Sending one e-mail to one friend at Annapolis, who was not a potential witness, could not have amounted to witness tampering.
4.3.13 Complainant’s reputation was irreparably damaged when his Commanding Officer, Capt. Wisniewski, issued a public statement that he was a sexual predator and that his presence created an intimidating environment in Chase Hall before he was charged with the crime.
4.3.14 Complainant’s Commanding Officer, Capt. Wisniewski, deliberately postponed scheduling a court martial until all of the witnesses against him became commissioned officers instead of being cadets like him thus decreasing his credibility against the witnesses' credibility.
4.3.15 Complainant’s Commanding Officer, Capt. Wisniewski, issued a restraining order prohibiting him going within 100 yard of the Academy grounds before being charged with a crime - because of his race.
4.3.16 Complainant’s right to a fair trial was violated when he was denied a trial by a jury of his peers, since no cadet was in the jury pool, and no cadet sat on his jury, because of his race.



4.4 Agency has acted and continued to discriminate and retaliate against the Complainant because of Complainant's race and gender with malicious intent and in reckless disregard of his rights.
4.5 Agency has subjected Complainant to extreme emotional distress by conduct which was unreasonable, unwarranted and outrageous, and in no way related to any discretionary authority of Commander Wisniewsky or to any purpose or objective of the United States Coast Guard Academy.
4.6 Agency has caused Complainant to be falsely considered dishonest, and a sexual predator with knowledge that the allegations were false.
4.7 The acts of Commander Wisniewsky proximately caused substantial loss, suffering, humiliation, emotional distress and other damages to plaintiff and will continue to do so.
4.8 Because the conduct of Commander Wisniewsky was accomplished with malicious intent and in reckless disregard of Complainant's rights, Complainant should recover punitive damages from the Agency.
V.
First Claim for Relief
Civil Rights Acts of 1964 and 1991
5.1 Title VII of the Civil Rights Act of 1964 prohibits race discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment, on the basis of race, color, religion, sex or national origin. Agency has discriminated against Complainant in the terms and conditions of Complainant’s employment because of Complainant’s race when white Officers subjected Complainant African American cadet to harsher discipline than accorded white cadets for the same or comparable alleged misconduct.
5.2 In addition Agency discriminated against Complainant because of his race when starting on or about January 2006, Complainant was falsely imprisoned and was not allowed to go freely on liberty without any due process before being charged.
5.3 Moreover, Agency has discriminated against Complainant because of his race when on or about January, Complainant was ordered to do hard labor continuing until June, 2006 while his classmates were allowed to attend classes, thus preventing him from finishing his education and thus obtaining his college degree.
5.4 Furthermore, Agency has discriminated against Complainant because of his race when on or about January 2006, Complainant was forced to work on the boat docks beginning prior to and continuing until June 20, 2006 by his Commandant Officer while all his classmates were attending classes, and before being charged with a UCMJ offence.
VI.
Second Claim for Relief - Title VI of the Civil Rights Act of 1964
6.1 Title VI of the Civil Rights Act of 1964 prohibits race discrimination on the basis of race, color, or national origin in programs and activities that receive federal financial assistance. Complainant was not free to continue with academic classes before being charged and/or before being found guilty because of his race;
6.2 In addition, Agency has discriminated against Complainant because of his race when Complaint was ordered to work on the boat docks - before being found guilty - thus preventing him from attending classes and finish his education; because of his race.
VII.
Third Base for Relief - 42 U.S.C. Section 1981
7.1 42 U.S.C. Section 1981 forbids race discrimination in a contractual relationships. Section 1981 specifically states: "All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other. For purposes of this section, the term 'make and enforce contracts' includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship." Complainant’s civil rights were violated when press releases were issued with his name and photograph stating that he committed sexual assault even before he was charged accusing him of such allegations - because of his race; No other cadets with similar issues were ever publicized to the public at large or to the media. They were all white.
7.2 In addition, Agency has discriminated against Complainant because of his race when starting on or about January 2006, Complainant was falsely imprisoned and was not allowed to go freely on liberty without any due process before his trial.
7.3 Moreover, Agency has discriminated against Complainant because of his race when on or about January, Complainant was ordered to do hard labor continuing until June, 2006 before, during and after his classmates attended classes and thus preventing him from finishing his education and thus obtaining his college degree.
7.4 Furthermore, Agency has discriminated against Complainant because of his race when on or about January 2006, Complainant was forced to work on the boat docks beginning prior to and continuing until June 20, 2006 by his Commandant Officer while all his classmates were attending classes, and before being charged with a UCMJ offence.
VIII.
Fourth Base for Relief
42 U.S.C. Section 1983
8.1 42 U.S.C. Section 1983 prohibits race discrimination by those acting "under color" of state law. Section 1983 specifically states: "Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable." Agency has discriminated against Complainant in the terms and conditions of Complainant’s employment because of Complainant’s race when white Officers subjected Complainant African American cadet to harsher discipline than accorded white cadets for the same or comparable alleged misconduct.
8.2 In addition, Agency has discriminated against Complainant because of his race when starting on or about January 2006, Complainant was falsely imprisoned and was not allowed to go freely on liberty without any due process before being charged.
7.3 Moreover, Agency has discriminated against Complainant because of his race when on or about January, Complainant was ordered to do hard labor continuing until June, 2006 before, during and after his classmates attended classes and thus preventing him from finishing his education and thus obtaining his college degree.
7.4 Furthermore, Agency has discriminated against Complainant because of his race when on or about January 2006, Complainant was forced to work on the boat docks beginning prior to and continuing until June 20, 2006 by his Commandant Officer while all his classmates were attending classes, and before being charged with a UCMJ offence.
Request for Relief
A) Immediate release from pre-trial confinement.
B) Restoration of all pay and allowances.
C) Reinstatement as a first class cadet at the USCGA ,
D) Resumption of his senior cadet academic studies,
E) To be allowed to graduate and receive a commission with a date of rank as an officer of the Class of 2006.
F) A written formal apology from Capt. Wisniewski, and a Public Information Press Release stating that he was not a sexual predator, that he did not create a hostile environment at Chase Hall.


MEMORANDUM
To: USCG Civil Rights Office
From: Webster Smith
Date: July 17, 2007
RE: FORMAL COMPLAINT OF CIVIL RIGHTS VIOLATIONS
I.
Jurisdiction
1.1 This action is brought pursuant to 42 U.S.C. §§ 1983 and 1988 and the first, fourth, fifth, eighth, and fourteenth amendments to the Constitution of the United States.
II.
Nature of the Action and Relief Sought
2.1 This is a civil rights violation case by a federal employee alleging a continuing series of discriminatory conduct against him because of his race and gender.
2.2 This also is an action under the common law of the State of Texas for false imprisonment, invasion of privacy, false light and intentional infliction of emotional distress.
2.3 Complainant seeks a declaration that the acts of the defendant agency intentionally and unlawfully discriminated against him because of his race and gender.
2.4 Complainant additionally, and independent of the claims against the government agency, seeks appropriate injunctive relief and compensatory and punitive damages against the individual defendants.
III.
The Parties
3.1 Webster Smith, complainant, is an adult male citizen of the United States and the State of Texas. He is an African-American citizen and a resident of Houston, Texas. At all times material to this action he was a cadet at the United States Coast Guard Academy.
3.2 Admiral Wisniewski, Superintendent at the United States Coast Guard Academy and at the United States Coast Guard, an agency of the United States of America.
3.3 Douglas Wisnewski, Captain, Commandant of Cadets at the United States Coast Guard Academy, an agency of the United States of America.
3.4 Sean Gill, Commander, Staff Legal Officer, at the United States Coast Guard Academy, an agency of the United States of America.
IV.
Facts
4.1 Defendants have maintained, acquiesced in the maintaining of, or failed to take appropriate required action to eliminate a general and consistent pattern and practice of racial discrimination by white Officers against African American cadets at the United States Coast Guard Academy.
4.2 Such pattern and practice has been consistently manifested for at least the two years preceding the filing of Complainant's formal complaint by the following acts and others:
4.2.1 African American cadets have been subjected to unwarranted criticism and disparagement of their work by white officers.
4.2.2 White officers have subjected African American cadets to harsh and unreasonable performance standards not generally applied to other cadets and not consistent with applicable personnel practices and regulations.
4.2.3 Abuse of authority by white Officers toward African American cadets intended to humiliate, embarrass and invade the privacy of said African American cadets.
4.2.4 White Officers have subjected African American cadets to harsher discipline than accorded white cadets for the same or similar alleged misconduct.
4.3 Consistent with and pursuant to that general policy and practice, Complainant was discriminated against because of his race and gender in the following respects:
4.3.1 Starting on or about January 2006, Complainant was falsely imprisoned and was not allowed to go freely on liberty without any due process before being charged with any offense under the Uniform Code of Military Justice (UCMJ).
4.3.2 On or about January, Complainant was ordered to perform hard labor on the boat docks until June, 2006. During which time his classmates continued to attended classes. This prevented Complainant from completinging his education and thus obtaining his college degree.
4.3.3 On or about January 2006, Complainant was forced to work on the boat docks beginning prior to and continuing until June 20, 2006 by his Commandant Officer while all his classmates were attending classes, and before being charged with a UCMJ offence, because of his race;
4.3.4 Complaint was ordered to work on the boat docks - before being found guilty - thus preventing him from attending classes and finish his education because of his race.
4.3.5 Complainant’s civil rights were violated when press releases were issued with his name and photograph stating that he had committed sexual assaults and other crimes before he was charged with any such allegations - because of his race;
4.3.6 Complainant was not free to continue his academic classes before being charged because of his race;
4.3.7 Complainant was denied the equal protection of the law when he was court-martialed on similar allegations - while others were given non-judicial punishment -because of his race;
4.3.8 During his trial, on or about June 2006, Complainant was denied the right to a fair trial when he was denied the opportunity to present character evidence favorable to him during the Extenuation and Mitigation (E&M) portion of the trial. Character witnesses were standing by ready to testify and were never called. This denial was because of his race.
4.3.9 On or about June 2006, Complainant was not allowed to properly cross-examine the Agency’s main witness, Sherry Radenbush.
4.3.10 Complainant was denied his right to a detailed military counsel; to wit, a Coast Guard lawyer. - He was assigned a Navy Judge Advocate General (JAG) officer without any prior consultation with him, because of his race.
4.3.11 Complainant’s civil rights were violated when his Commanding Officer, Capt. Wisniewski, exerted undue command influence by soliciting witnesses to lie about him.
4.3.12 Complainant’s Commanding Officer, Capt. Wisniewski, gave him an unlawful order, thus abusing his authority; to wit, not to send an e-mail or communicate with anyone anywhere before he was charged. Sending one e-mail to one friend at Annapolis, who was not a potential witness, could not have amounted to witness tampering.
4.3.13 Complainant’s reputation was irreparably damaged when his Commanding Officer, Capt. Wisniewski, issued a public statement that he was a sexual predator and that his presence created an intimidating environment in Chase Hall before he was charged with the crime.
4.3.14 Complainant’s Commanding Officer, Capt. Wisniewski, deliberately postponed scheduling a court martial until all of the witnesses against him became commissioned officers instead of being cadets like him thus decreasing his credibility against the witnesses' credibility.
4.3.15 Complainant’s Commanding Officer, Capt. Wisniewski, issued a restraining order prohibiting him going within 100 yard of the Academy grounds before being charged with a crime - because of his race.
4.3.16 Complainant’s right to a fair trial was violated when he was denied a trial by a jury of his peers, since no cadet was in the jury pool, and no cadet sat on his jury, because of his race.



4.4 Agency has acted and continued to discriminate and retaliate against the Complainant because of Complainant's race and gender with malicious intent and in reckless disregard of his rights.
4.5 Agency has subjected Complainant to extreme emotional distress by conduct which was unreasonable, unwarranted and outrageous, and in no way related to any discretionary authority of Commander Wisniewsky or to any purpose or objective of the United States Coast Guard Academy.
4.6 Agency has caused Complainant to be falsely considered dishonest, and a sexual predator with knowledge that the allegations were false.
4.7 The acts of Commander Wisniewsky proximately caused substantial loss, suffering, humiliation, emotional distress and other damages to plaintiff and will continue to do so.
4.8 Because the conduct of Commander Wisniewsky was accomplished with malicious intent and in reckless disregard of Complainant's rights, Complainant should recover punitive damages from the Agency.
V.
First Claim for Relief
Civil Rights Acts of 1964 and 1991
5.1 Title VII of the Civil Rights Act of 1964 prohibits race discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment, on the basis of race, color, religion, sex or national origin. Agency has discriminated against Complainant in the terms and conditions of Complainant’s employment because of Complainant’s race when white Officers subjected Complainant African American cadet to harsher discipline than accorded white cadets for the same or comparable alleged misconduct.
5.2 In addition Agency discriminated against Complainant because of his race when starting on or about January 2006, Complainant was falsely imprisoned and was not allowed to go freely on liberty without any due process before being charged.
5.3 Moreover, Agency has discriminated against Complainant because of his race when on or about January, Complainant was ordered to do hard labor continuing until June, 2006 while his classmates were allowed to attend classes, thus preventing him from finishing his education and thus obtaining his college degree.
5.4 Furthermore, Agency has discriminated against Complainant because of his race when on or about January 2006, Complainant was forced to work on the boat docks beginning prior to and continuing until June 20, 2006 by his Commandant Officer while all his classmates were attending classes, and before being charged with a UCMJ offence.
VI.
Second Claim for Relief - Title VI of the Civil Rights Act of 1964
6.1 Title VI of the Civil Rights Act of 1964 prohibits race discrimination on the basis of race, color, or national origin in programs and activities that receive federal financial assistance. Complainant was not free to continue with academic classes before being charged and/or before being found guilty because of his race;
6.2 In addition, Agency has discriminated against Complainant because of his race when Complaint was ordered to work on the boat docks - before being found guilty - thus preventing him from attending classes and finish his education; because of his race.
VII.
Third Base for Relief - 42 U.S.C. Section 1981
7.1 42 U.S.C. Section 1981 forbids race discrimination in a contractual relationships. Section 1981 specifically states: "All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other. For purposes of this section, the term 'make and enforce contracts' includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship." Complainant’s civil rights were violated when press releases were issued with his name and photograph stating that he committed sexual assault even before he was charged accusing him of such allegations - because of his race; No other cadets with similar issues were ever publicized to the public at large or to the media. They were all white.
7.2 In addition, Agency has discriminated against Complainant because of his race when starting on or about January 2006, Complainant was falsely imprisoned and was not allowed to go freely on liberty without any due process before his trial.
7.3 Moreover, Agency has discriminated against Complainant because of his race when on or about January, Complainant was ordered to do hard labor continuing until June, 2006 before, during and after his classmates attended classes and thus preventing him from finishing his education and thus obtaining his college degree.
7.4 Furthermore, Agency has discriminated against Complainant because of his race when on or about January 2006, Complainant was forced to work on the boat docks beginning prior to and continuing until June 20, 2006 by his Commandant Officer while all his classmates were attending classes, and before being charged with a UCMJ offence.
VIII.
Fourth Base for Relief
42 U.S.C. Section 1983
8.1 42 U.S.C. Section 1983 prohibits race discrimination by those acting "under color" of state law. Section 1983 specifically states: "Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable." Agency has discriminated against Complainant in the terms and conditions of Complainant’s employment because of Complainant’s race when white Officers subjected Complainant African American cadet to harsher discipline than accorded white cadets for the same or comparable alleged misconduct.
8.2 In addition, Agency has discriminated against Complainant because of his race when starting on or about January 2006, Complainant was falsely imprisoned and was not allowed to go freely on liberty without any due process before being charged.
7.3 Moreover, Agency has discriminated against Complainant because of his race when on or about January, Complainant was ordered to do hard labor continuing until June, 2006 before, during and after his classmates attended classes and thus preventing him from finishing his education and thus obtaining his college degree.
7.4 Furthermore, Agency has discriminated against Complainant because of his race when on or about January 2006, Complainant was forced to work on the boat docks beginning prior to and continuing until June 20, 2006 by his Commandant Officer while all his classmates were attending classes, and before being charged with a UCMJ offence.
Request for Relief
A) Immediate release from pre-trial confinement.
B) Restoration of all pay and allowances.
C) Reinstatement as a first class cadet at the USCGA ,
D) Resumption of his senior cadet academic studies,
E) To be allowed to graduate and receive a commission with a date of rank as an officer of the Class of 2006.
F) A written formal apology from Capt. Wisniewski, and a Public Information Press Release stating that he was not a sexual predator, that he did not create a hostile environment at Chase Hall.
(Original Complaint drafted by Attorney Sylvia Casey, California Bar Nr. 221785)