This case is a bizarre set of allegations of a conspiracy against petitioner by DHS and other government agencies (*FBI Ninja Sharpshooters*).
WILFREDO TORRES, Plaintiff,
DEPARTMENT OF HOMELAND SECURITY, Defendant.
09 Civ. 8640 (RJS)(KNF)
UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
2010 U.S. Dist. LEXIS 120353
KEVIN NATHANIEL FOX, UNITED STATES MAGISTRATE JUDGE.
THE HONORABLE RICHARD J. SULLIVAN, UNITED STATES DISTRICT JUDGE.
November 2, 2010
Because this case is a bizarre pro se fact pattern, here is quoted the entirety of the background facts from Judge Fox’s opinion:
The gravamen of Torres’ complaint is that, since 1980, DHS has been involved in a large-scale conspiracy, with various government and private entities, to “persecute ” him and his family. Among the entities with which DHS has allegedly conspired are: (1) the New York City Police Department; (2) American Airlines; (3) the plaintiff’s landlord, Bellevue South Associates; (4) a Mafia gang operating in midtown Manhattan; (5) the Drug Enforcement Administration; (6) the Puerto Rico Police Department; (7) the New York State Department of Motor Vehicles; (8) Zurich American Insurance Company; (9) Independence Bank; (10) White Rose Food; (11) the New York City Administration for Children Services; (12) “Krasdale Foods, Benfica Trucking  and the Teamsters Union”; (13) Beth Israel Medical Center; and (14) the United States Postal Service. None of these entities is named as a defendant in this action.
The plaintiff alleges that DHS, as part of its conspiracy, has, inter alia: (1) falsely arrested him on at least three occasions; (2) placed his name on an airline passenger list, describing him as a “terrorist”; (3) caused flooding in his apartment; (4) “derailed” at least two lawsuits he initiated; (5) instructed gang members to harass him; (6) drained “thousands of dollars” from his bank account; (7) “arbitrarily end[ed]” the parental rights of an unnamed third party; and (8) denied medical services to a critically-ill relative. Torres makes no allegations about when each act, noted above, and committed in furtherance of the conspiracy, occurred.
In addition to his conspiracy claim, Torres alleges that, on an unspecified date, “DHS agents recklessly crashed their vehicle against the one that [he] was driving, causing [Torres] serious bodily injury.”
As a result of DHS’ alleged conduct, Torres claims he has suffered “psychological” injuries, “[a] broken bone, detention, incarceration, loss of income . . . [and] mental anguish.” In his prayer for relief, Torres requests that the Court order the defendant to “make public” the “existing list” and “all records concerning the death of Filiberto Ojeda.” [FN1] Moreover, Torres seeks “new elections in Puerto Rico” and a “refund” of the legal fees paid by “former Puerto Rico governor Anibal Acevedo, and his assistant Luisa Inclan” in defending against “their false prosecution” by the United States. [FN2]
FN 1 According to the plaintiff, “the United States has a list which includes most Arab-Americans as well as most American political dissidents.” Torres alleges that, since September 11, 2001, the United States has subjected those on the list to “intense and brutal” persecution, like “Puertorrican [sic] opposition leader Filiberto Ojeda,” who was shot by “Ninja-unit sharpshooters of the Federal Bureau of Investigation.”
FN 2 Torres requests further that the Court “designate David Rankin, Esq. . . . as counsel to prosecute this case.” On February 23, 2010, the Court denied the plaintiff’s request for appointment of counsel. See Docket Entry No. 7.
Then analysis leading to the conclusion:
For the reasons set forth above, I recommend that the defendant’s motion to dismiss the complaint, Docket Entry No. 11, be granted. I recommend further that the plaintiff be denied leave to replead.