MOHAMMAD ISMAIL SLOAN, individually and on behalf of his daughter SHAMEMA HONZAGOOL SLOAN, an infant
Plaintiffs
-against-
Defendants.
Mohammad Ismail Sloan, being duly sworn, deposes and says:
1. Jurisdiction of this action is under 28 U.S.C. 1331, under 28 U.S.C. 1332, under 28 U.S.C. 2241 and under 42 U.S.C. 11603 (a). The amount in Controversy exceeds $ 50,000. The defendants are all residents of Virginia. The plaintiffs are or at times relevant to this complaint were subject to the laws of a foreign state or nation.
2. This action is brought under and to remedy violations of the first, fourth, fifth, sixth, ninth, thirteenth and fourteenth Amendments to the Constitution of the United States, Violations of the Hague Convention, and Violations of 42 USC 1981, 42 USC 1982, 42 USC 1983, 42 USC 1985, 42 USC 1986, 42 USC 11601; through 11610, 42 USC 601 et seq., 18 USC 1201, 18 USC 1203, 18 USC 1583, and violations of the Code of Virginia, including sections 16.1-288, 20-107.2, 22.1-324-334 and 22.1-254.
3. Shamema Honzagool Sloan is the daughter of Mohammad Ismail Sloan. Shamema was born on October 15, 1981 in New York City. Shamema is of Pakistan national origin and a member of the Afghan race. Her name is a typical Afghan name. The mother of Shamema is named Honzagool. Honzagool resides in Village Damik, Chitral, Pakistan, eight miles on foot from the border with Afghanistan, Shamema is a Muslim. The religion of her mother her father and of Shamema herself is Islam.
4. In 1990, certain defendants to this action paid $12,000 to professional kidnappers named Boonchoo and Sobell to have Shamema kidnapped from her family and brought to America. After numerous failed kidnapping attempts, Shamema was finally kidnapped on October 7, 1990 in Fujairah, United Arab Emirates, where she was enrolled in school, and was brought to Virginia, arriving on October 9, 1990.
5. This kidnapping was financed by various Christian religious organizations, which are interested in kidnapping children for the purpose of converting them to Christianity. Among the contributors to the kidnapping schemes were Jerry Falwell, Charles Esterline, Earl Clarkson Jr., Charles Roberts, Shelby Roberts, Darrell Jay Roberts, and the Temple Baptist Church. According to their various statements, their pursuit of the child and ultimate kidnapping cost them a total of $40,000.
6. As soon as the child, who was eight years old at the time, arrived in America, she was placed in the custody of the Amherst County Department of Social Services. However, the Amherst County Department of Social Services did not place the child in public schools, as required by law. Instead, it allowed the defendants to keep the child a prisoner in their religious cult to be educated in their church, in clear violation of Section 16.1-288 of the Code of Virginia. The defendant have since refused to allow Shamema to attend public school, stating that attendance at school is contrary to their Christian beliefs.
7. The father, Mohammad Ismail Sloan, has repeatedly and persistently demanded at every possible opportunity that his daughter be enrolled in a public school. The father was told on numerous occasions by defendants Richard L. Groff, James Oliver, and Jean Higgenbotham that the child was about to be enrolled in public school. However, this was never done. To this very day, Shamema Honzagool Sloan has never been allowed to attend public school.
8. Shamema Honzagool Sloan has been and continues to be held prisoner by a religious cult which is opposed to the public education of children. All the members of this cult are white. Shamema is non-white and is a member of the Afghan race. These cult members are affiliated and associated with and possibly members of the Klu Klux Klan. They are adherents to the view of white supremacy.
9. These white supremacist cult members and their affiliates are holding this non- white child a prisoner in a condition of slavery and involuntary servitude, They include Charles E. Roberts, Charles Esterline, Earl Clarkson Jr., Daniel H. Richard, Shelby H. Roberts, Darrell Jay Roberts, and Eugene Wingfield. All of the above named individuals are white and are involved with the Temple Baptist Church. Shamema Honzagool Sloan is non-white and is being held a prisoner in that church. All of the above named cult members are heavily armed, with a wide variety of guns, weapons and ammunition in their possession.
10. The above named cult members have powerful political connections with the Government of the Common wealth of Virginia. This has made them immune from any sort of prosecution. Various states and county officials who are also named as defendants have conspired with these cult members to deprive Shamema Honzagool Sloan of her constitutional and statutory rights to attend public schools.
11. It is essential to the kidnapping scheme of these cult members that Shamema Honzagool Sloan not be allowed to attend school, because only in that way can they keep her mind under their control and force her to adopt their evangelical Christian religious beliefs.
12. Defendants Linda W. Groom, Frank G. Davidson III, W. Edward Meeks, William G. Petty, Kimberley Slayton White, Richard L. Groff, James E. Oliver and Jean Higgenbotham have cooperated with, conspired with, provided support and assistance to the cult members and their schemes to brainwash the child by, among other things, not allowing her to attend school.
13. The father repeatedly contacted the higher government authorities in the Commonwealth of Virginia for their help and assistance in securing their enrollment of his daughter in public school, as is required by the Virginia Compulsory Education Law, Code section 22.1-254. These governmental authorities, all of whom easily have it within their power to secure the attendance of this child in school, have failed and refused to provide required assistance.
14. Among the defendants who are state officials who have knowledge of the wrongs conspired to be done and who have the power to prevent or to aid in the prevention of these constitution violations and have refused to prevent these constitutional violations and are still refusing to do so are Joseph D. Spagnolo, Jr., Superintendent of Public Education of the Commonwealth of Virginia, Larry D. Jackson, Commissioner of the Department of Social Services of Virginia, John J. Daniels, Superintendent of Schools of Amherst County, W. Edward Meeks, Amherst County Commonwealth Attorney and James E. Oliver, Director of the Amherst County Department of Social Services. All of these individuals are aware that Shamema Honzagool, now age 12, is still not attending school. They are also aware of her father's insistence that she attend school. They all have the power and authority to bring about the attendance of this child and have refused to do so. As a result, the plaintiffs are entitled to the recovery of money damages from these defendants pursuant to 42 USC 1986.
15. Shamema Honzagool Sloan is an exceptionally bright girl. In 1990, just prior to being kidnapped, Shamema was given the Stanford Benet IQ test translated into the Arabic language by the school which she was attending at that time in Fujairah, United Arab Emirates. The Ministry of Education there reported that Shamema had achieved the highest IQ score of any child in the history of the country!
16. The defendant cult members and the state and county government officials who have conspired with them are well aware of the tremendous brain power and potential of Shamema Honzagool Sloan. They have conspired. to exploit that for their religious purposes by depriving this child of a normal secular education and by instead brainwashing her into their religious beliefs.
17. The father of Shamema and his entire family are strong believers in a public education. The mother of Mohammad Ismail Sloan is a medical doctor who attended public school all her life and who graduated from Medical school at a State University. Similarly, his father was a lawyer who always attended public school and who graduated from law school at a state university. Mohammad Ismail Sloan, the plaintiff has always attended public school and has a degree in mathematics from a state university. All of the family members of Mohammad Ismail Sloan are highly educated and have a strong philosophical commitment to education in the public school system. None of them would ever agree to allow any members of their family not to attend public school.
18. The mother resides in her native Chitral, Pakistan. Her father, Mirza Habib -ur- Rehman (now deceased) was known as a "Mirza" or "Babu" because he was by far the most highly educated person in his village and was a teacher in the local school. The cousin of Honzagool, whose name is Amin-ur-Rehman, is the Superintendent of Schools of Drosh, Chitral, Pakistan. His brother, Aziz-ur-Rehman is the principal of the Drosh Public School in Drosh, Chitral, Pakistan. The family members of Honzagool are the most highly educated persons in the entire District of Chitral. Amin-ur-Rehman, her cousin, is the famous poet of the region. Honzagool herself is a famous person in Pakistan. Her uncle, Prince Mohay-ud-Din, is the Minister of the State of Pakistan and is a national recognized political figure In Pakistan. Under no circumstances would any of them agree that Shamema Honzagool be deprived of the benefits of a public education and be not allowed to attend public school.
19. Defendants Charles E. Roberts, Shelby H. Roberts, and Darrell Jay Roberts, along with their fellow cult members are-primarily "Rednecks" who live in an all-white community known locally as "Hog Town" where they spend their time. playing the banjo and the guitar and singing gospel music. They have limited education and did not send their own children to public school. They own few books other than the Bible and have never spent much time reading and writing on any subject.
20. The defendants Virginia State and County officials are well aware that this child is being held prisoner by persons who are virtual illiterates and who are opposed to education. Nevertheless, they have participated in their conspiracy by not allowing this child to attend school, thereby abusing the authority given to them by the state under color of state law.
21. Defendants Daniel Richard, Charles Esterline and Earl Clarkson Jr. claim to operate a school locally known as the Temple Baptist School or the Temple Christian School which is located inside of the Temple Baptist Church. This is so-called school is not accredited by the Board of Education and for legal purposes this school does not exist. The Temple Baptist School has violated code section 22.1-324 by refusing to apply for a permit to operate a school. Defendants Joseph D. Spagnolo Jr. and W. Edward Meeks have failed to enforce those provisions of law as they are required to do by sections 22-1-334.
22. The plaintiff has written to Daniel Richard and to the Temple Baptist Church demanding that pursuant to Virginia Code section 22-1-334, they provide a copy of their certificate to operate as a school and that pursuant to Virginia Code section 20-107.2, last paragraph, they provide copies of all grades, test scores and records and reports pertaining to his daughter. Neither Daniel Richard nor the school has provided this information, in clear violation of the Code of Virginia and of the Constitutional rights of the parents and the child.
23. The address of the defendants to this action are as follows: Joseph D. Spagnolo Jr., 101 North 14 Street, Richmond, Va. 23219, Larry D. Jackson, 8007 Discovery Drive, Richmond, Va. 23229, John J. Daniels, P.O. Box l257, Amherst, Va. 24521, W. Edward Meeks, P.O. Box 358, Amherst, Va. 24521, James E. Oliver, 400 Second St., Amherst, Va. 24521, Charles E. Roberts, 420 Amelon Road, Madison Heights Va. 24572, Shelby H. Roberts, 420 Amelon Road, Madison Heights Va. 24572, Darrell Jay Roberts, 41 Odins Bow, Madison Heights Va. 24572, Daniel H. Reichard, Temple Baptist School, P.O. Box 970, Madison Heights Va. 24572, Charles Esterline, Temple Baptist Church, P.O. Box 970, Madison Heights, Va. 24572, Earl Clarkson Jr., Elon Road, Elon VA 24572, Eugene Wingfield, 901 Court St., Lynchburg Va. 24504, Kimberly Slayton White, P.O. Box l539, Lynchburg Va. 24505, Jerry Falwell, Thomas Road Baptist Church, Thomas Road, Lynchburg Va. 24502, William G. Petty, 916 Church St., Lynchburg Va. 24504, Linda W. Groome, 100 Copley Place, Apt. B, Lynchburg Va. 24502, Frank G. Davidson 3rd, 916 Main-St., Lynchburg, Va. 24504, Jean Higgenbotham, 400 Second St., Amherst Va. 24521, Richard L. Groff, 400 Second St., Amherst Va. 24521, Temple Baptist Church, Route 29N, Madison Heights Va. 24572, Temple Christian School, Route 29-N, Madison H Heights Va. 24572, Amherst County Department Social Services, P.0. Box 414, Amherst Va. 24521.
24. The defendants private individuals have conspired with the defendant State officials to deprive Shamema Honzagool Sloan of her Constitutional rights to attend public schools and to deprive her father, Mohammad Ismail Sloan, of his Constitutional rights to her school grades, test scores and school records. Accordingly, the defendants must be required to pay damages to redress violations of 42 USC 1983.
25. The defendants are guilty of discriminating against Shamema Honzagool Sloan on the basis of her race which is Afghan, and her national origin, which is Pakistan. As a consequence and as a result of this racial discrimination, the defendants have kidnapped or acquiesced to the kidnappings of this child from her parents and family members and her region of origin, have held Shamema Honzagool Sloan in a condition of slavery and involuntary servitude in a church and have not permitted her to attend school for more than three years. Accordingly, the defendants must pay damages to the plaintiff pursuant to 42 USC 1981 and 1982, 42 USC 1985 (3), and 42 USC 1986.
26. The federal courts have established that Pakistanis, Arabs, and other non-white racial groups are entitled to protection under 42 USC 1981. See Khawaja v. Wyatt, 494 F. Supp. 302, 305 (WDNY 1980) (Pakistanis), Saint Francis College v. Al-Khazrazji, 481 US 604, 613 (1987) (Arabs), Shaore Tefina Congregation v. Cobb, 481 US 615 (1987) (Jews), and Vietnamese v. Klu Klux Klan, 518 F. Supp. 993, (SD Texas 1981) (Vietnamese). There can be no doubt that the defendants here would not have been kidnapped this child and would not now be preventing her from attending school, were it not for the fact that she is not considered by the defendants to be white. Accordingly, the defendants must be required to pay damages to the plaintiff for this racial discrimination, pursuant to 42 USC 1981 and 1982.
27. The Amherst County Department of Social Services has adopted the customs, policy and practices of acquiescing to the kidnapping of young girls from other jurisdictions and allowing- the kidnappers to keep the children in Amherst County. At least six little girls have been kidnapped from their parents under circumstances similar to the kidnapping of the child here. These six little girls have been kidnapped from their parents in other jurisdictions and brought to Amherst County where the kidnappers have never been prosecuted and have been allowed to keep the children which they kidnapped.
28. On April 14, 1993, following the complaints of numerous parents whose children had been kidnapped, and then abused and neglected, the Virginia State Social Services Board ordered defendant Larry D Jackson to undertake an investigation of the practices of the Amherst County Department of Social Services. However, defendant Jackson has never reported the results of his investigation and these illegal practices have continued unabated.
29. Plaintiffs do not allege that it is the policy, custom and practice of the entire Commonwealth of Virginia to kidnap children, but rather that this practice is confined to Amherst County, and to the officials of that County. See Morrell v. Department of Social Services, 436 US 658, 690 (1978).
30. Defendants James E. Oliver, Richard L. Groff and Jean Higgenbotham, all of whom are officials and employees of the Commonwealth of Virginia, have required and forced Shamema Honzagool Sloan to attend religious worship services at the Temple Baptist School knowing that the parents of Shamema Honzagool Sloan are Muslims and strenuously object to the attendance of their daughter at Christian religious worship services, and also knowing that the intent and purpose of the defendants Daniel H. Reichard, Charles Esterline, Earl Clarkson Jr., and the Roberts is to convert this child to the Temple Baptist religion.
31. Plaintiff Mohammad Ismail Sloan is now a prisoner in the Dillwyn Correctional Center, a Virginia State prison. During the period of his incarceration, Shamema Honzagool Sloan, his daughter, has been forced to attend religious worship services at the Temple Baptist School and church where she has been taught that both her mother and father will go to Hell because they are not Christian but rather Muslims and do not believe that Jesus is the son of God. These forced religious services have violated the First Amendment rights of Shamema Honzagool Sloan and her father to Freedom of religion and have inflicted severe psychological damage to the child.
32. All of the defendants named herein have conspired for the purpose of depriving the plaintiffs the equal protection of the law and of the privileges and immunities under the law. The defendants, and each of them, have acted in furtherance of this conspiracy whereby the plaintiffs were injured in their persons and property and were deprived of having or exercising their rights and privileges of a citizen of the United States.
WHEREFORE, The plaintiffs Demand the followings
1. A temporary restraining order, preliminary injunction and permanent injunction enjoining the defendants from preventing 'Shamema Honzagool Sloan from attending public school and directing them to insure her enrollment and attendance in public school.
2. An order directing the defendants to provide Mohammad Ismail Sloan, the father, and to Honzagool, the mother, at her address in Pakistan copies of all grades, test scores, and school records and reports of Shamema Honzagool Sloan,
3. An order enjoining the Temple Baptist Church and Temple Baptist School and its' employees, agents and attorneys from keeping Shamema Honzagool Sloan on their premises in the guise of a student or under any pretext whatever.
4. That the defendants and each of them shall pay to the plaintiff $10,000,000 (ten million dollars) in compensatory, exemplary and punitive damages.
5. For such other and further relief as may be deemed just and equitable.
6. That this action be tried by jury.
/s/_____________________
Mohammad Ismail Sloan
P.O. Box 670
Dillwyn VA 23936
-VERIFICATION-
Mohammad Ismail Sloan, being duly sworn, deposes and says that he is the plaintiff to this action and that he has written, read and signed the within complaint and that he knows it to be true.
____________________ Mohammad Ismail Sloan
Subscribed and sworn before me this 3rd day of December, 1993
_____________________________
Hazel Boothe Brown
Notary Public
My Commission Expires May 31, 1996
Even though the suit was filed in Richmond, the court transferred the case to Roanoke. There, Judge Turk took jurisdiction over the case and immediately dismissed it, saying that the child had been adopted by the Roberts.
Plaintiff protested that the child has not been adopted by the Roberts. Judge Turk then changed his decision to say that the child was in the custody of the Department of Social Services. This was not true either and, even if true, would not constitute a basis for dismissal of the suit.
Judge Turk took these actions not only without a hearing but without even allowing the summons to be served. Thus, the named defendants never even learned of this lawsuit.
This was the third time that Judge Turk dismissed a suit regarding the kidnapping of Shamema Honzagool Sloan. In each case, Judge Turk dismissed the case immediately as soon as it was filed before even process could be served on the defendants.
Plaintiff believes that there actions by Judge Turk were illegal and, since they made possible the kidnapping of Shamema Honzagool Sloan, Judge Turk should be arrested, tried and prosecuted for the crime of kidnapping.
An additional factor is that Judge Turk said he spoke on the telephone to some unidentified person who told him first that the child had been adopted and later that the child was in the custody of social services. Judge Turk made these telephone calls on his own and this demonstrates that Judge Turk is guilty of a crime because only a person involved in the kidnapping would make such a statement to Judge Turk.
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