Brestle v. United States

RI AL Jfn tbe Wniteb ~tates ~ourt of jfeberal ~laiuts FILED No. 18-184C Filed: June 22, 2018 JUN 2 2 2018 * * * * * * * * * * * * * ****** U.S. COURT OF FEDERAL CLAIMS GARY C. BRESTLE, * * Motion to Dismiss; Subject Matter Plaintiff, * Jurisdiction; Pro Se Plaintiff; In * v. Forma Pauperis; Tort; Criminal * Jurisdiction; Eighth Amendment to UNITED STATES, * the United States Constitution; * Defendant. Freedom of Information Act. * * * * * * * * * * * * * * ****** * Gary C. Brestle, prose, Wellington, FL. Jeffrey M. Lowry, Trial Attorney, Commercial Litigation Branch , Civil Division , United States Department of Justice, Washington, D.C., for defendant. With him were Tara K. Hogan, Assistant Director, Commercial Litigation Branch, Department of Justice, Robert E. Kirschman, Jr., Director, Commercial Litigation Branch , Department of Justice, and Chad A. Readier, Acting Assistant Attorney General. OPINION HORN, J. In the above-captioned case, pro se plaintiff Gary C. Brestle filed a complaint in this court alleging that he had served as an informant for the United States, through the Department of Justice (DOJ). Plaintiff states that he suffered "emotional distress" and "psychological damage" due to the DOJ's failure to apprehend "individuals," on whom plaintiff provided information in his role as an alleged informant. Plaintiff also alleges that he was kept in "solitary confinement" in violation of his rights under the Eighth Amendment to the United States Constitution. Plaintiff seeks an unspecified amount of compensatory and punitive damages. FINDINGS OF FACT Plaintiff alleges that the DOJ has "intentionally and willfully" deprived the "federal court system" from viewing the "documents which illustrate clearly" the "crimes" reported by plaintiff, as an informant, to the DOJ . Plaintiff further alleges that, as a result of the alleged concealment of "documents" by the DOJ, "he and his family live in constant fear of retaliation. " Plaintiff claims that on several different occasions, he filed requests under 7012 3460 0001 77 91 8255 the Freedom of Information Act (FOIA), seeking "documents" relating to "crimes" which he had reported to the DOJ. Plaintiff states that in his most recent request for production of documents, which was filed with the "Office of Information Policy, DOJ 2016," plaintiff provided the DOJ with: the "exact verbiage" contained within DOJ's emails and letters, which illustrate without any ambiguity that individuals within the United States, South America, and the Middle East where at least one of those individuals was designated by the DOJ as an associate of the AL-QAEDA terrorist organization, and that the same individual was also associated with the murder of a jurors father in the US Virgin Islands, as stated by the "DOJ." Another of the more than seven conspirators, (from the Middle East) was in fact investigated by the United Nations to determine if that individual was an actor in the assassination of the Prime Minister of Lebanon Rafik Harrarri. 1 (emphasis in original). According to ...

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