_________________________________________________________________________________________ , Hand write your name on line above:,     I am homeless on the streets of New York City                                                                     Plaintiff,                 vs. City of New York, Mayor of New York, State of New York, Governor of New York State, United States of America, The President of the United States of America, United States Department of Health, Education and Human Servives,  HUD,  FEMA, New York City Department of Health, New York State department of health, Each of the agencies, state federal and local which are required by law to address the issueof homelessnes and to amelierate it, and each of the agencies which have recieved part of the 68,000,000 and some dollars of tax payer money from the federal government to aleiviate the conditions of homelessness and suffering, The Metropolitan Transportation Authority, The New York City Transit Authority, The Port Authority of New York and New Jersey, The New York City Police, the New York State Police, the police which enforce the rules, regulations and laws of and for the Port Authority of New york And New Jersey. ,                                 Defendant

Case No.: No. 12-3-456789-1   PLEADING TITLE   Complaint ,  pro se  in the form of a poor person.

The United States District Court of the Southern District

In The United States District Court for the Southern District of New York

Complaint

Jury trial is demanded.    I am a homeless person. I do not use the shelter services allegedly provided by the City of New York and the various agencies which are allegedly helping the homeless because  __________________________________________________________________________________________ __________________________________________________________________________________________________________________________

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_________________________________________________________________________________________________________________________ And, because using them puts me in fear of my life and safety more than trying to survive on my own.   

_______And Because the experience of using the shelters is degrading due to the mean attitude and unprofessional behavior I have experienced from those who are employed to administer the shelter system. When either using that system or trying to use it.  

_______ It does not seem to operate for my benefit addressing my needs as a homeless persons but rather is abusive of my personal and basic human rights.

In order to survive as a homeless person in the City of New York I try to ( I checked the ones that apply to me):

·          ____  Get on the subways at night because they are relatively warm and I feel safer there than I do in the shelters.

·          ____Stay in or near a transportation center such as the Port of Authority terminal, Grand Central Terminal,  Pennsylvania Railroad Station, 

·          ____near a church door or on the streets in some place which seems safe and to provide a little shelter from the wind and weather.

·          ____ I try to stay awake at night and sleep on the subways or in some cubby hole during the day.

·          ____Sometimes I have to jump a turnstile to get back on the subway system because the only options for me if I need to urinate or defecate are to consider the following options. 

o          _____ A. get off of the system find a restroom and then need to get back on it not as a means of transportation but rather as a public place where I feel safe and warm in winter and safe and cool in the summer.      

o         ______ B. Need to break the law and risk the good of the public health by attempting to urinate by standing between cars and urinating

o         ______C. Urinating in my pants.

o         ______D. Finding some private but unsanitary place to defecate or urinate.

It is a violation of my rights for the city to receive so much money from the federal Government and from other sources and neither  to have adequately provided for me a decent safe comfortable place for me to stay out of the weather nor effectively addresses my needs including the stress attached to the conditions of being homeless.

        It is a danger to the public safety and to the public welfare for the defendants to deal with me as a homeless person with disregard. I deserve safe sanitary rest rooms open 24 hours daily.  It is necessary for the public health that such be provided.   Having hundreds of persons urinating and defecating in the subway system which is inundated with rats is probably like playing Russian roulette with an outbreak of the plague or some new disease. It is poor public policy.

The Mayor, the Governor, and the President have violated my rights by failing to monitor the use of tax money and being sure that it addresses the problem.

The MTA and the NYCTA and the Port Authority violate my rights as they fail to provide clean safe healthy rest room facilities given the fact that there are hundreds if not thousands of homeless persons who ride the trains at night.    They then attempt to further violate my rights by threatening to arrest me if I leave the system to relieve myself and come back on the trains to continue to address my homelessness the best way I can given my circumstances.    It is an abuse of us as a class of persons for the defendants to collectively receive so much money and then fail t o meet our needs and then to try to use the color of law to restrain us from basic human needs as evacuation of our bowels and bladders.    It is a violation of my rights for the defendants to display propaganda which tells the public that is against the law for someone to ask others for financial assistance. My protected First Amendment right.  And then to enforce that illegal law selectively is a violation of my rights..   Further it is a violation of my rights and it is an act of fraud for them to display signs alleging that they provide help and assistance to the needy.  If I were the only person who did not use the shelter system for fear of my safety and comfort there might be some validity to the idea but when there is a homeless person riding ever subway car in the City from 12 midnight until the morning hours, as is the case,  it is a proof of the fact that the defendants are not providing, meaningful or effective help to the homeless situation in the City.  It is a violation of my rights for so many agencies to receive so much money to give out food and then to give such low grade poor quality meals which if one added up al that is paid to provide it and how many meals are given out we would find that it might be cheaper to give the homeless money and let them buy at the restaurants in New York.  It seems to me as a homeless persons that except in certain cases, at a few good service providers the rest of the system is there to create a few jobs for a few individuals who then act as overlords to those they feed and provide inferior poor quality food that for lack of good nutrition further worsens the conditions of those receiving the food.

o         _____ I have been homeless on the subway trains at least one night a week for the past ______ weeks and I have been approached by any person working for the subway system or representing themselves as doing this who has offered any meaningful assistance to me_______________ times.

I bring this suit to this court because the defendants are engaged in activities that are funded with federal dollars under federal programs and because several of my rights are being violated by them individual or collectively. I ask that the court declare the situation of homeless persons in the City If New York to be  federal Disaster and to direct the FEMA organization to provide emergency shelter and safe and sanitary temporary housing to the homeless population. I ask that a census of homeless persons be taken or some way of enumerating and identifying each and every homeless person be undertaken and that the amount of monies designated each year for the homeless in New York be divide by that number of persons and paid to each person individually and that I receive that amount as damages in this case times three.    I ask that each and every persons who has been found guilty or l plead guilty to jumping the turnstiles in the subway system be exonerated by this court and that their records be expunged.  I ask that the NYCTA be required to stop operating until they have provided safe and sanitary places to use a toilet in each and every one of their train stations in such a way that a person using the system need not leave that system in order to use the facilities.  I ask that any and every persons who declares themselves homeless be allowed to enter and leave the transit system without cost being as they are more than likely using the system to satisfy a protected right rather than as transportation and if they are using it as transportation that fact that being as so  many persons in and around New York and the New York economy has had injected into it  so many millions of dollars for so many years and many have benefited in some way from the millions of dollars paid to the city to help the homeless except myself who am actually  homeless,  That the need to use the transportation system in the city of New York by  a homeless person is  great and can only be met by an indiscriminant access to the system by  all homeless who are disabled due to their poverty and forlorn conditions.  I ask for ,000 in damages in addition to the other damages asked for the emotional and personal hardship and trauma caused to me by the failures of the defendants to protect my rights and because of their negligence.  I ask for such other damages and causes of harm as may be unearthed as this case is prosecuted.    I also sue for the right to vote and to be represented as a homeless person by a homeless person on the city council and in the legislature of the State of New York and for provision to be made for such to happen.  This suit is brought under the following and which ever other federal or state Law as may allow this suit to be brought all of which are included here by reference. 42 USCS  Sections  1971, 1972, 42 USCS Sections 1981, 1982, 1983, 1984, 1985, 1986, 1991=4 2000a, 2000d, 3601, 6001ff, and others  28 USCS Sections 1331,1332, 1331, and others  The right to be free form discrimination in federally funded programs under title IX , the rehabilitation act of 1973 and the equal educational opportunities act of 1974,   If any part of this suit is invalid.  I insist on the continuation of the parts that are valid.  Because I have found no one at bar willing to take this case and represent me I am bringing this case pro se. I hereby also make application to be allowed to proceed pro se.  I hereby testify and self swear that I am homeless in the City of New York and am below the federal guidelines for poverty and if I own any assets they are of no value to me at this present time in that I am stranded here in New York homeless and because the condition of my being destitute requires me to ask to be allowed to proceed pro se.  I am suffering abuses which are causing to me irreparable harm and ask that they be speedily and immediately addressed.

Dated this      ^th day of                   , 2004