In the United States District Court for the Southern District of ______

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ______

Attorney General of the State of ______, on Behalf of the Citizens of the State of _____

Plaintiffs, Case No.: v.

DONALD J. TRUMP

Defendant.

INTRODUCTION

1. This is a civil action for damages under the laws of the United State, common and general law, and international law for among other grounds, criminal negligence, wrongful death, gross negligence and willful misconduct, fraudulent concealment, dereliction of duty, crimes against humanity, treason and declaratory relief.

2. This action arises from Trump’s conduct prior to, during, and following the

Covid-19 pandemic that swept through the country in 2020 and 2021. This lawsuit is based on

Defendant Trump’s intentional, reckless, and/or negligent acts which caused inter alia:

(a.) The deaths of 25,190 [insert name of state, county or municipality];

(b.) The infection of 419,642 [insert name of state, county or municipality] citizens;

(c.) Life-long debilitating health conditions for tens of thousands;

(d.) Loss of parents, grandparents, husbands and wives, sons and daughters, brothers and sisters;

(e) Economic losses and hardship for millions; and

(f) Loss of property, including businesses, colleges and hospitals,

JURISDICTION AND VENUE

3. Jurisdiction of this matter is founded upon diversity of citizenship under 28

U.S.C. § 1332 and pendent and concurrent state jurisdiction.

4. This Court has jurisdiction over this class action: under 28 U.S.C. § 1332, because the matter in controversy exceeds $75,000, exclusive of interest and costs, and because there is complete diversity of parties; under 28 U.S.C. § 1331, because the claims asserted herein arise under the laws of the United States of America, including the laws of the State of [insert], which have been declared, pursuant to 28 U.S.C. §§ 2201-2202, which provides for federal declaratory actions and related relief.

5. Venue in this District is proper under 28 U.S.C. § 1391 because, among other reasons, a substantial part of the wrongful acts alleged herein were carried out within the

Southern District of [insert], the Plaintiffs and/or their descendants suffered injury in the

Southern District and Trump conducts and transacts business within this District.

FACTUAL ALLEGATIONS

6. In support Plaintiffs allege as follows:

December 31, 2019 – China announced to the world that it was investigating a “respiratory illness” in its city of Wuhan. The respiratory illness was called an “outbreak.”

January 1-5, 2020 – U.S. intelligence agencies warned of the threat posed by the coronavirus. Trump took no action, nor did he instruct anyone in his administration to take remedial action.

· January 6-8, 2020 – The Centers for Disease Control and Prevention issued “travel warnings” to Americans planning trips to China. The CDC said it was “monitoring” the China “outbreak.”

· January 16, 2020 – CDC announced it would “screen” individuals arriving in America from Wuhan, China. The President was thus on notice that a serious medical crisis was developing.

· January 18, 2020 – Health and Human Services Secretary Alex Azar briefed Trump at the President’s Mar-a-Lago resort about the threat posed by the coronavirus spreading across the globe.

· January 21, 2020 – The first confirmed case of the COVID virus was found in Washington in a traveler who had recently returned from a visit to China. The same day the first case was confirmed in South Korea.

· January 22, 2020 – Trump informed the nation during a press conference that the U.S. had the virus “totally under control” and that the nation would be “just fine.”

January 23, 2020 – Trump’s trade adviser Peter Navarro warned the White House as early as January that the coronavirus posed a great threat to the United States. Navarro said, “the lives of millions of Americans” could be imperiled by the pandemic. Trump continued to downplay the threat, saying a month later, “Now, this is just my hunch, and — but based on a lot of conversations with a lot of people that do this, because a lot of people will have this, and it’s very mild. They will get better very rapidly.”

· January 27, 2020 – White House aides urged Trump’s Chief of Staff, Mick Mulvaney, to take the threat of the COVID virus more seriously as should the President.

· January 29, 2020 – Independent of the President, Health and Human Services Secretary Alex Azar established a COVID virus task force to address the rising threat.

· January 29, 2020 – Trump’s economic adviser Peter Navarro sent a memo to Trump’s National Security Council warning that the COVID virus could kill 500,000 Americans. Surely, the NSC informed the President about the potential danger.

January 30, 2020 – Secretary Azar warned Trump a second time about the threat posed by the COVID virus.

Jan. 31: The Trump administration declared a public health emergency and the president signed an order limiting travel from China to the U.S.

· January 31, 2020 – Trump bans entry of anyone into U.S. who had visited China within the previous 14 days. Exemptions in the travel ban would allow 40,000 people to enter U.S. from China after the ban was put in place.

· January 31, 2020 – HHS Secretary Azar declared the coronavirus a “public health emergency.

Feb. 2: On the same day the Trump administration's travel restriction on China went into effect, the president told Fox News that it is effective in stopping the virus from spreading.

"We pretty much shut it down coming in from China," he said.

Feb. 2: On the same day the Trump administration's travel restriction on China went into effect, the president told Fox News that it is effective in stopping the virus from spreading. "We pretty much shut it down coming in from China," he said.

· February 5, 2020 – U.S. senators urged the Trump administration to take the COVID virus more seriously. Trump failed to heed those warnings.

Feb. 7: Following a call with China's President Xi Jinping, Trump told Woodward the conversation centered around the coronavirus outbreak, according to a recording first reported on by CNN and the Washington Post.

"I think he is going to have it in good shape. But it's a very tricky situation. It goes through air, Bob," he said. "It's also more deadly than even your strenuous flus."

"This is deadly stuff," he added.

Feb. 10: At a rally in New Hampshire, Trump began to spread the idea the coronavirus may simply disappear. "Looks like by April, you know in theory, when it gets a little warmer it miraculously goes away," he said. "I think it's going to all going to work out fine."

· February 14, 2020 – National Security Council prepared a memo that the COVID virus required “targeted quarantine and isolation measures.” The President took no action on the memo.

· February 23, 2020 – Peter Navarro sent a second memo warning the President that many as 2 million people could lose their lives to the virus.

· February 24, 2020 – Trump declared that COVID virus was “very much under control.” That was a calculated lie.

· February 25, 2020 – National Center for Immunization and Respiratory Diseases Director Nancy Messonnier issued a strong warning about the COVID virus threat, which was angrily rebuffed by Trump.

Feb. 26: Fewer than three weeks after telling Woodward the coronavirus was deadlier than a strenuous flu, the president said during a White House coronavirus task force briefing: "The flu, in our country, kills from 25,000 people to 69,000 people a year. That was shocking to me. And, so far, if you look at what we have with the 15 people and their recovery, one is -- one is pretty sick but hopefully will recover, but the others are in great shape. But think of that: 25,000 to 69,000."

February 26, 2020 – Vice President Mike Pence named to head a White House task force to deal with the COVID virus as Trump downplays the crisis by misinforming the nation his administration is “really prepared” to deal with the public health emergency.

· February 28, 2020 – Trump called the COVID virus a Democratic “hoax” at a South Carolina political rally. Again, a politically calculated lie.

· February 29, 2020 – Trump falsely stated that the U.S. was leading the world in testing for the virus even though the nation had only conducted a few thousand tests by end of day on February 28.

· March 4, 2020 – Trump deflected by falsely blaming the Obama administration for mishandling of the “swine flu”

March 9: On Twitter, Trump again said the flu is worse than the coronavirus, writing, "So last year 37,000 Americans died from the common Flu. ... Nothing is shut down, life & the economy go on. At this moment there are 546 confirmed cases of CoronaVirus, with 22 deaths. Think about that!"

That same day, he accused Democrats and the media of trying to make the outbreak appear worse than it is, tweeting, "The Fake News Media and their partner, the Democrat Party, is doing everything within its semi-considerable power (it used to be greater!) to inflame the CoronaVirus situation, far beyond what the facts would warrant."

· March 11, 2020 – World Health Organization declared COVID virus a “pandemic.” The U.S. death toll stood at 37 at the time.

· March 11, 2020 – Trump banned travel from European countries, except for Ireland and United Kingdom, into the U.S. Thousands of people returning from these countries were crammed into small spaces in the 13 designated airports as they awaited a limited screening process. Public health experts feared many carried the virus and were spreading it among non- infected passengers. Chicago Mayor Lori Lightfoot accused the Trump administration of creating a serious risk of illness and death. Some passengers said there was no screening at all.

· March 13, 2020 – Trump declared a “national emergency” to deal with the COVID pandemic. The virus had killed 41 people at the time.

· March 13, 2020 – Trump deliberately misinformed the nation that it was “totally unnecessary” to test people not showing symptoms of the virus infection.

· March 17, 2020 – Trump issued a “stay at home” suggestion to the nation’s workforce. Trump stated that he knew the COVID virus was a “pandemic” long before it was a pandemic, thus establishing his negligent actions and failure to take remedial actions.

March 19: The president again talked with Woodward, according to reports from CNN and the Washington Post. He expressed concern over emerging evidence that a wide age range can be gravely impacted by the coronavirus.

"Now it's turning out it's not just old people, Bob. Just today and yesterday some startling facts came out. It's not just old -- it's plenty of young people," he said.

Trump also told Woodward he's been minimizing the threat posed by the outbreak.

"I wanted to always play it down. I still like playing it down. Yes, because I don't want to create a panic," he said.

· March 24, 2020 – Trump stated he wanted the nation’s economy reopened by April 12.

March 24: On Twitter, Trump implied only seniors need to be protected from the coronavirus.

"Our people want to return to work. They will practice Social Distancing and all else, and Seniors will be watched over protectively & lovingly. We can do two things together," he wrote.

· March 25, 2020 – Trump falsely stated his administration had “inherited a broken test” for the COVID 19 virus, even though his administration was not provided with a DNA sequence of the virus from China until January 7, 2020—three years into his administration.

-- March 26, 2020 – Although health experts around the world have been warning about a pandemic for years, Trump claimed that the coronavirus crisis caught the U.S. by surprise. “This was something that nobody has ever thought could happen to this country,” he said. “Nobody would have ever thought a thing like this could have happened.”

– March 27, 2020 – Trump singled out the governors of Michigan and Washington for not being sufficiently grateful for federal government aid during the pandemic. “I want them to be appreciative,” he said. “If they don’t treat you right, I don’t call.”

– March 27, 2020 – Trump boasted that “We’ve now established great testing. … We’ve tested now more than anybody.” The U.S. did test more people for the coronavirus than South Korea, but South Koreans were tested much earlier, conducted five times as many tests per capita than the U.S., and had a per capita death toll twenty-five times lower than the United States death toll per capita.

– March 29, 2020 – Trump said that as many as 2.2 million Americans could have died “if we didn’t do what we’re doing.” He added that if the U.S. was able to limit COVID-19 deaths to between 100,000 and 200,000 people, “we altogether have done a very good job.”

– March 31, 2020 – Trump said his impeachment “probably” diverted his attention from dealing with the crisis more swiftly, a claim first made by Senate Majority Leader Mitch McConnell. “Did it divert my attention?” Trump said. “I think I’m getting A-pluses for the way I handled myself during a phony impeachment. Okay? It was a hoax. But certainly, I guess, I thought of it.”

– April 2, 2020 – Jared Kushner, a White House adviser and Trump’s son-in-law, asserted that the Strategic National Stockpile of ventilators and medical supplies was “supposed to be our stockpile — it’s not supposed to be states’ stockpiles that they then use.” Journalists at the Kushner news conference pointed out that what he said went against the program’s description on its website. The following day, the program website’s wording was altered to match what Kushner had said.

· April 3, 2020 – Trump stated that people should wear a non-medical cloth mask when going into the public arena. Although he added, he wouldn’t wear one.

· April 4 & 5, 2020 – Trump pushed an unproven anti-malaria drug, hydroxychloroquine, to treat the COVID virus. The President has a financial interest in the drug.

– April 4, 2020 – After Anthony Fauci, the nation’s top infectious disease expert, confirmed there was no evidence that hydroxychloroquine could fight the coronavirus — or that it was safe — Trump said he was considering it for himself. “I may take it, OK? I may take it," he said. “And I’ll have to ask my doctors about that, but I may take it.”

– April 5, 2020 – The U.S. stockpiled 29 million hydroxychloroquine pills, even though health experts doubted its efficacy and warned about its dangerous side effects. Trump pushed for hydroxychloroquine as a treatment for COVID-19. “What do I know?” he said at a news briefing. “I’m not a doctor. But I have common sense.”

– April 7, 2020 – Trump blamed the World Health Organization for what he called its slow response to the pandemic.

– April 7, 2020 – Trump ousted the chairman of a watchdog panel that oversaw how the Trump administration managed $2 trillion in coronavirus relief. Glenn Fine, the acting Pentagon inspector general, was chosen in March to head the Pandemic Response Accountability Committee. Fine was the second inspector general in a week to be fired by the president, after the April 3 firing of whistle-blower Michael Atkinson.

– April 9, 2020 – Defying health experts, Trump rejected the notion that more people needed to be tested for the coronavirus before the U.S. economy could be restarted. “Do you need it?” he asked about testing. “No. Is it a nice thing to do? Yes.” He added, “We’re talking about 325 million people. And that’s not going to happen, as you can imagine.”

– April 11, 2020 – Trump refused to help the U.S. Postal Service, arguing that it needed to raise its rates for Amazon and other private shippers. If the $2 trillion coronavirus relief bill contained any money to help the USPS, Trump said that he would veto the act, according to an administration official. The pandemic, meanwhile, took a heavy toll on postal workers: Roughly 500 of them tested positive for Covid-19, and 19 died of the disease.

– April 12, 2020 – “Time to #FireFauci” read a message that Trump retweeted after the nation’s top infectious disease expert said fewer Americans would have died had the country gone under lockdown earlier. Trump didn’t only go after Fauci; in a series of tweets, he condemned, China, the World Health Organization, and President Obama.

– April 13 – The Treasury Department ordered that Trump’s name appear on the $1,200 stimulus checks that millions of Americans were to receive. Part of the government’s $2 trillion coronavirus rescue package, the checks were proposed by Sens. Josh Hawley (R-Mo.) and Mitt Romney •(R-Utah). No IRS disbursement had ever carried a president’s name. According to

administration officials who spoke on the condition of anonymity, it was Trump’s idea to have his name printed on the checks.

– April 14, 2020 – Trump said that he would cut off U.S. payments to the World Health Organization, claiming that the WHO engaged in a coverup of the outbreak in its early days in China. “We have not been treated properly,” he said of the organization.

– April 15, 2020 – As a result of waiting for months to obtain N95 respirator masks, the Trump administration paid companies $5 per mask — almost eight times what the price was earlier in the year.

April 17 & 18, 2020 --- Trump tweets “Liberate Michigan,” “Liberate Minnesota,” and “Liberate Virginia” encouraging citizens to take up arms against duly-elected officials of the party opposite his own, in response to legally issued stay-at-home orders. Such tweets were irresponsible and dangerous in that private armed militias expressed eagerness to support Trump’s veiled call to arms when he tweeted that “if he were removed from office it could lead to civil war.”

– April 18, 2020 – Trump faulted Democratic governors for not doing enough to test people for COVID-19.. “We have tremendous capacity.”

– April 20, 2020 –The U.S. confirmed in March that it had more coronavirus cases than any other country in the world.

– April 21 – Suffering from a sharp decline in business, like all hotels across the nation, Trump International Hotel in Washington, D.C., asked for a break on its lease payments — from the Trump administration. Trump’s business also asked Florida’s Palm Beach County if it was required to continue making $88,000 monthly lease payments for the Trump International Golf Club.

– April 22, 2020 – Dr. Rick Bright, who headed the agency to develop a coronavirus vaccine, cast doubts on whether hydroxychloroquine could prevent Covid-19. Questioning the drug touted by Trump cost him his position: Bright was ousted as director of the Department of Health and Human Services’ Biomedical Advanced Research and Development Authority.

– April 23, 2020 – Prompting widespread alarm, Trump speculated about ingesting or injecting disinfectants to fight the coronavirus. “Because you see it gets in the lungs and it does a tremendous number on the lungs, so it would be interesting to check that,” he said at his daily briefing. He also mused about the use of ultraviolet light. “Supposing we hit the body with a tremendous—whether it’s ultraviolet or just very powerful light,” he said. “And I think you said that hasn’t been checked, but we’re going to test it?” Health officials and manufacturers of household cleaners urged Americans not to follow Trump’s proposed remedies. The next day, New York City’s poison control center reported more than twice the calls related to household disinfectants than it received for a comparable timeframe in 2019.

– April 25, 2020 – “I never said the pandemic was a Hoax!” Trump tweeted. “Who would say such a thing?” Two months earlier, at a South Carolina rally he said, “Now the Democrats are politicizing the coronavirus,” he told the crowd on February 28. “And this is their new hoax.”

– April 27, 2020 – If Americans were ingesting or injecting disinfectants to fight the coronavirus, it wasn’t his fault, Trump said. States reported numerous cases of people drinking cleaning products after Trump’s comments. At his daily briefing, the president was asked if he accepted any responsibility for people improperly using cleaning products. “No, I don’t,” he said.

– April 27, 2020 – Trump ignored at least a dozen classified briefings in January and February which called the coronavirus an imminent threat. Officials said, on the condition of anonymity, that Trump seldom reads or listens to an oral summary of the President’s Daily Brief.

– April 29, 2020 – Trump berated his political advisers after they told him that his polling numbers were declining in key states due to his handling of the pandemic.

– April 30, 2020 – Trump administration officials put pressure on U.S. spy agencies to dig up evidence that the coronavirus originated in a lab in Wuhan, China — a theory that was widely discredited. The strategy was part of Trump’s attempt to blame China for what he continued to call the “Chinese virus.”

– April 30, 2020 –The Washington Post noted at least 44 times in March, April and early May in which Trump downplayed the threat of the virus calling it “very well under control” again and again.

– May 3, 2020 – The coronavirus death toll could reach 100,000, Trump said during a Fox News town hall broadcast from the Lincoln Memorial. The figure was double the estimate he predicted only two weeks earlier. Nevertheless, he said the country should still reopen its economy. He called his predecessors “foolish” and “stupid” and boasted that he had “done more than any other president in the history of our country.” Pointing to the statue of the 16th president, who was assassinated, Trump said, “They always said nobody got treated worse than Lincoln. I believe I am treated worse.”

– May 4, 2020 – The White House issued new guidance that banned members of its pandemic task force from testifying before Congress. The decision was made shortly after infectious disease expert Dr. Anthony Fauci, whose views often diverged from Trump’s, was prohibited from testifying before a House committee.

– May 5, 2020 – Rick Bright, the scientist who lost his job as head of the Biomedical Advanced Research and Development Authority, filed a whistleblower complaint with the U.S. Office of Special Counsel. In the complaint, Bright said his warnings about the coronavirus were dismissed by the Trump administration and that he was punished by being moved to another post.

May 6: Following a concerted push to reopen schools beginning in late April, Trump falsely suggested that children aren't susceptible to the coronavirus.

"We realize how strong children are, right? Their immune system is maybe a little bit different. Maybe it's just a little bit stronger, or maybe it's a lot stronger," he said.

– May 6, 2020 – The Centers for Disease Control and Prevention put together a 17-page report advising Americans on when they could reopen the economy. According to a CDC official who spoke on the condition of anonymity, the Trump administration prevented the release of the report, telling the CDC that it “would never see the light of day.”

– May 8, 2020 – Trump met with seven World War II veterans, all in their 90s, to commemorate the 75th anniversary of the Allied victory in Europe. Even though he was close enough to speak with the men, he didn’t wear a mask in their presence. “The wind was blowing so hard and such a direction that if the plague ever reached them, I’d be very surprised,” Trump told reporters. “It could have reached me, too. You didn’t worry about me, you only worried about them, but that’s OK.”

– May 11, 2020 – The Trump administration unveiled two large banners at a Rose Garden briefing that read, “AMERICA LEADS THE WORLD IN TESTING.” The event ended suddenly, however, after a testy exchange between Trump and journalists Weijia Jiang and Kaitlan Collins. “You’ve said many times that the U.S. is doing far better than any other country when it comes to testing,” Jiang said. Trump told Jiang, who is Chinese American, “Don’t ask me, ask China that question, OK?” He then tried to have Collins ask him a question, but she deferred back to Jiang. Frustrated, Trump abruptly turned around and left the briefing.

– May 12, 2020 – Though U.S. law dictates that the election occurs on the Tuesday after the first Monday in November, White House adviser Jared Kushner suggested that the presidential election might have to be delayed because of the pandemic. “I’m not sure I can commit one way or the other,” he said, though neither Kushner nor Trump has the authority to postpone an election.

– May 12, 2020 – During a pandemic that had killed tens of thousands of Americans, Trump took the time to promote a conspiracy theory that suggested that Joe Scarborough of MSNBC committed murder.

– May 13, 2020 – At a time when the coronavirus was spreading throughout American prisons, infecting thousands of inmates, Trump’s former campaign chairman Paul Manafort was released from prison at his attorneys’ urging. Manafort, who pleaded guilty to conspiracy to defraud the U.S. and obstruct justice, was allowed to complete his seven-year sentence under home confinement.

– May 14, 2020 – Trump spoke of coronavirus testing in contradictory terms while visiting a medical equipment distribution center in Pennsylvania. “We have the best testing in the world,” he boasted, then added, “Could be that testing’s, frankly, overrated. Maybe it is overrated.”

– May 15, 2020 – The coronavirus stabilization law that Congress passed included money for public education institutions hurt by the pandemic, but Trump’s Education Secretary Betsy DeVos directed $180 million of it to private and religious schools.

– May 16, 2020 – Trump fired State Department Inspector General Steve Linick. Appointed by President Obama, Linick was another government watchdog ousted late on a Friday night. He was replaced by an ambassador who is close to Mike Pence.

– May 18, 2020 – Trump confirmed that he was taking hydroxychloroquine, a drug he had long praised even though medical experts warned that it could be dangerous and was not shown to combat Covid-19. “I started taking it, because I think it’s good,” he said. “I’ve heard a lot of good stories.”

– May 21, 2020 – Unlike everyone around him who followed company policy and state law, Trump did not wear a mask when touring a Ford Motor Company factory in Michigan. “I had one on before,” he told reporters. “I wore one in this back area, but I didn’t want to give the press the pleasure of seeing it.”

– May 22, 2020 – Calling houses of worship “essential,” Trump told governors to reopen them, despite the pandemic. It was not certain if Trump had that power. Nevertheless, he said of the governors, “If there’s any question, they’re going to have to call me, but they are not going to be successful in that call.”

– May 22, 2020 – Trump, whose approval ratings dropped during the pandemic, expressed doubt that the nation’s coronavirus death toll was as high as health departments said it was. The official total was almost 95,000, but Trump said it could be “lower than” that. Experts averred that it was certainly higher than the confirmed count.

– May 24, 2020 – As the nation marked a somber benchmark — 100,000 were killed by Covid- 19 — Trump instead used the Memorial Day weekend to insult numerous people on Twitter. The president called Stacy Abrams “Shamu,” saying she “visited every buffet restaurant in the State.” He accused Nancy Pelosi of drinking “booze on the job.” And he referred to Hillary Clinton as a “skank.”

– May 27, 2020 – Twitter added a fact-check label to two of Trump’s tweets that claimed that mail-in ballots were fraudulent. In response, he threatened to shut down his favored social media platform on which he’d issued more than 50,000 tweets.

– May 28, 2020 – Following up on his threat to punish Twitter for tagging warning labels to two of his tweets, Trump signed an executive order to “defend free speech from one of the gravest dangers it has faced in American history.”

– May 29, 2020 – Trump said he would end the country’s relationship with the World Health Organization.

– May 29, 2020 – Grief-stricken and angry, many people in Minneapolis took to the streets to protest the killing of George Floyd, an African American man who was killed by a white police officer who pressed his knee into Floyd’s neck for nearly nine minutes. On Twitter, Trump responded by calling protesters “THUGS,” a racially loaded term. For the second time in a week, Twitter attached a warning label to his tweet, in which the president seemed to condone violence, writing,

-– June 1, 2020 – After spending time in a White House bunker, Trump arranged a photo-op for himself in front of nearby St. John’s church, holding up a Bible as a prop. “Is that your Bible?” a reporter asked him. “It’s a Bible,” Trump replied. Protesters in the area were sprayed with tear gas so that Trump and an entourage could walk unencumbered to the church.

– June 4, 2020 – Trump signed an executive order that allowed him to expedite infrastructure projects by working around environmental reviews. He said the national emergency brought about by the pandemic made it necessary to override environmental regulations.

– June 7, 2020 – Confronted with growing protests in Washington, D.C., Trump reportedly demanded that the military deploy 10,000 active-duty troops to the city. The demand led to a “contentious” exchange with Pentagon officials.

– June 10, 2020 – Trump said he would hold a campaign rally, the first such event in three months, even though coronavirus cases were rising in many states. Trump’s campaign team scheduled the rally on Juneteenth, African-Americans’ Independence Day, in Tulsa, Oklahoma, the site of a notorious race massacre in 1921.

-- June 11, 2020 – Attendees of Trump’s rally had to sign a waiver that forbade them from suing the campaign if they contracted COVID-19 at the rally.

– June 12, 2020 – The Trump administration eliminated health care protections for transgender patients. The rule was announced during Pride Month, on the anniversary of the 2016 massacre at a gay nightclub in Orlando, Florida.

– June 15, 2020 – Trump blamed an increase in the number of COVID-19 cases on testing. In a tweet, he wrote, “Our testing is so much bigger and more advanced than any other country (we have done a great job on this!) that it shows more cases. Without testing, or weak testing, we would be showing almost no cases. Testing is a double-edged sword — Makes us look bad, but good to have!!!”

– June 16, 2020 – Officials in Tulsa urged the Trump campaign to cancel his rally there, warning that it could be a coronavirus “super spreader.” Trump, though, blamed the media for fomenting opposition to his gatherings, “trying to Covid Shame us on our big Rallies.”

– June 17, 2020 – Trump railed against John Bolton, his former national security adviser, over the publication of his new memoir, which painted the president as an ill-prepared leader who curried favor with dictators and schemed to stop criminal investigations,

– June 18, 2020 – Too much testing for the coronavirus “made the US look bad,” Trump said in an interview with the Wall Street Journal. “I personally think testing is overrated, even though I created the greatest testing machine in history,” he said.

– June 18, 2020 – In a tweet, Trump called two Supreme Court rulings — one protecting young immigrants from deportation, the other defending gay and transgender workers — “shotgun blasts into the face of people that are proud to call themselves Republicans or Conservatives.” In another tweet, he added, “Do you get the impression that the Supreme Court doesn’t like me?”

– June 19, 2020 – Trump threatened those who planned to demonstrate at his rally in Tulsa. “Any protesters, anarchists, agitators, looters or lowlifes who are going to Oklahoma please understand, you will not be treated like you have been in New York, Seattle, or Minneapolis,” he tweeted. “It will be a much different scene!”

– June 20, 2020 – Trump said he ordered his administration to “slow down” coronavirus testing so that fewer cases of COVID-19 would be reported. “When you do testing to that extent, you’re going to find more people, you’re going to find more cases,” he said at his first campaign rally in months, in Tulsa. “So I said to my people, ‘Slow the testing down, please.’

– June 20, 2020 – In his latest dismissal of a government official, Trump fired federal prosecutor Geoffrey S. Berman, the U.S. attorney in Manhattan. Berman’s office prosecuted Michael D. Cohen, Trump’s former lawyer who was sentenced to prison for financial crimes. He was also investigating Rudolph Giuliani, Trump’s attorney.

– June 21, 2020 – Trump’s rally in Tulsa attracted only 6,600 people. Much of the 19,000- capacity venue was empty. Trump’s campaign manager said the low attendance was the fault of “the fake news media,” which urged people not to go “because of Covid and protesters, coupled with recent images of American cities on fire.”

– June 22, 2020 – Trump renewed his opposition to mail-in voting, which could prove useful during a pandemic. “RIGGED 2020 ELECTION,” he tweeted. “MILLIONS OF MAIL-IN BALLOTS WILL BE PRINTED BY FOREIGN COUNTRIES, AND OTHERS. IT WILL BE THE SCANDAL OF OUR TIMES!” There has been no evidence of significant fraud aided by mail-in ballots.

– June 23, 2020 – Trump’s family filed a petition to block the publication of a tell-all book by Mary L. Trump, the president’s niece. The book’s subtitle calls her uncle “the world’s most dangerous man.”

– June 24, 2020 – At least six advance staffers, including two Secret Service employees, tested positive for COVID-19 after helping staff Trump’s rally in Tulsa. Herman Cain, former presidential candidate, who attended the rally died two weeks later.

– June 26, 2020 – Holding the first briefing of the coronavirus task force in almost two months, Vice President Mike Pence cited “remarkable progress” in its fight against the virus. COVID-19, however, was spreading at a record rate across the country.

– June 26, 2020 – With an hour to spare before a midnight deadline, the Trump administration asked the Supreme Court to overturn the Affordable Care Act, also known as Obamacare. The brief was submitted at a time when millions of Americans had lost their jobs and health care during the pandemic.

– June 27, 2020 – Reports emerged that staffers of Tulsa’s BOK Center, which hosted Trump’s June 20th rally, affixed DO NOT SIT HERE, PLEASE! stickers to arena seats to create social distancing. Before the event, however, Trump’s campaign had thousands of the stickers removed.

– June 28, 2020 – Trump tweeted, then deleted, a video that showed a supporter of his shouting “white power” at anti-Trump protesters at The Villages, a Florida retirement community. “Thank you to the great people of The Villages,” he wrote in his tweet.

– June 30, 2020 – Fireworks at Mount Rushmore were banned a decade ago over fears of wildfires, but the Trump administration announced that he would host a Fourth of July fireworks celebration at the park. South Dakota Republican Gov. Kristi Noem, who organized the event with Trump and the Department of Interior, said, “we will not be social distancing.”

– July 3, 2020 – In a rally-like speech at Mount Rushmore on the eve of Independence Day, Trump assailed protesters. Thousands attended the gathering without wearing masks or socially distancing.

– July 4, 2020 – COVID-19 killed nearly 130,000 Americans, but Trump, speaking at the White House, “maintained that 99 percent of coronavirus cases were totally harmless.”

– July 5, 2020 – Going against medical experts’ estimates, Trump boasted that the nation would probably have a coronavirus “solution long before the end of the year.” When pressed about Trump’s claim, Dr. Stephen Hahn, the Food and Drug Administration commissioner in charge of approving vaccines, said, “I can’t predict when a vaccine will be available.” Many experts have said a vaccine would not be available until at least mid-2021.

– July 6, 2020 – More than 40 lobbyists connected to Trump obtained at least $10 billion in federal coronavirus aid for their clients. According to a report by the watchdog group Public Citizen, they included at least five former Trump administration officials who potentially violated a Trump executive order restricting lobbying activities.

– July 6, 2020 – Companies linked to Trump’s family and friends applied for $21 million in Small Business Administration funding meant to help businesses hurt by the pandemic. Those positioned to benefit from the bailout money included companies owned or backed by the family of Trump’s son-in-law, White House adviser Jared Kushner, and the president’s

son, Donald Jr. The government refused to share details of the loans until pressed by watchdog groups.

– July 7, 2020 – Trump demanded that schools open in the fall, even as the number of coronavirus cases soared across the country. “We’re very much going to put pressure on governors and everybody else to open the schools,” he said at a White House meeting with teachers. A day earlier, he tweeted, “SCHOOLS MUST OPEN IN THE FALL!!!”

– July 8, 2020 – Rejecting the Centers for Disease Control and Prevention’s “very tough & expensive guidelines,” Trump said students should go back to school in the fall. If school districts didn’t obey him, he said, they could lose their federal funding. “May cut off funding if not open!”

– July 8, 2020 – Trump’s June 20 indoor rally in Tulsa was likely to blame for a spike in COVID-19 cases in Tulsa County, a county health official said. A one-day record-high number of cases was reported in the county after the event.

– July 9, 2020 – Trump blasted the Supreme Court for ruling that he could not block the release of his financial records. “This is all a political prosecution.”

– July 10, 2020 – Trump bragged that he “aced” a mental acuity test he recently took at Walter Reed National Military Medical Center. In an interview on Fox News, he said,

– July 10, 2020 – Without elaborating on what he wrote in two tweets, Trump said he was ordering the Treasury Department to “re-examine” the tax-exempt status of schools.

– July 10, 2020 – Trump suggested that thanks to him, people today know that Abraham Lincoln was a Republican. At his Doral golf resort in Florida, he said, “Like people don’t remember, nobody ever heard of it until I came along, nobody remembered it for a long time, or they didn’t use it at least, I use it all the time: Abraham Lincoln was a Republican. You know you say that and people say, ‘I didn’t know that,’ but he was Republican, so we’re doing a great job.”

– July 11, 2020 – Trump wore a mask while visiting Walter Reed National Military Medical Center. It was, however, the first time Trump was seen in public with a mask during the pandemic — for months, he had dismissed the idea of wearing one.

– July 14, 2020 – All data about patients with the coronavirus must be sent by hospitals to a central database in Washington, D.C., the Trump administration said. The order bypassed the Centers for Disease Control and Prevention and meant that information might not be accessible to the public.

– July 16, 2020 – Science “should not stand in the way of” schools reopening during a pandemic, said White House press secretary Kayleigh McEnany. When her comments were reported, she said the coverage was a “case study in media bias.”

– July 17, 2020 – The House Education and Labor Committee invited CDC Director Robert Redfield to appear at a hearing on schools reopening during the pandemic, but the White House reportedly ordered him not to testify.

– July 17, 2020 – The official portraits of former Presidents Bill Clinton and George W. Bush were taken out of the Grand Foyer of the White House, where portraits of recent presidents have long been displayed. The paintings were moved to the Old Family Dining Room, which is seldom visited. Trump had yet to unveil a portrait of former President Obama.

– July 18, 2020 – The Trump administration reportedly fought to keep states from getting billions of dollars of coronavirus relief money to conduct testing and contact tracing. Republican senators also wanted to have billions go to the Centers for Disease Control and Prevention, but the administration tried to block that funding as well.

– July 19, 2020 – Trump said he might not accept the results of the 2020 presidential election if he loses. “You don’t know until you see,” he said in a Fox News interview. “It depends. I think mail-in voting is going to rig the election. I really do.” During the interview, Trump also falsely stated that the United States’ coronavirus mortality rate was “one of the lowest” in the world. He added that his prediction about the pandemic would come true. “It’s going to disappear, and I’ll be right,” he said. “Because I’ve been right probably more than anybody else.”

– July 22, 2020 – Trump again boasted about the results of a cognitive test that he took. “It was 30 to 35 questions,” he said during a Fox News interview. “The first questions are very easy. The last questions are much more difficult. Like a memory question. It’s, like, you’ll go: Person. Woman. Man. Camera. TV. So, they say, ‘Could you repeat that?’ So I said, ‘Yeah. It’s: Person. Woman. Man. Camera. TV.’” Trump continued: “They say, ’That’s amazing. How did you do that?’” I do it because I have, like, a good memory, because I’m cognitively there.

– July 23, 2020 – Reaching out to “the Suburban Housewives of America,” Trump indicated that he would repeal an Obama-era fair-housing rule.

[Add-in: Trump’s interference with November election: the Fix is in]

As the pandemic rages throughout the country, voting by mail has become a particularly appealing option. But a big turnout is Donald Trump’s electoral enemy, so his administration has launched an attack on the US Postal Service — making it a central player in the preservation of American democracy.

Trump Installs Loyalists and Threatens Funding

Aug 20, 2019: With the confirmation of Ron Bloom, four of the seven members of the US Postal Service Board of Governors are now Trump appointees. The chairman is Robert Duncan, whose official biography on the USPS website boasts that from 2007 to 2009, he was chairman of the Republican National Committee, where he “raised an unprecedented $428 million and grew the donor base to 1.8 million – more donors than at any time in RNC history.”

Oct. 16, 2019: Postmaster General Megan Brennan, one of three remaining non-Trump board members, retires effective Jan. 31, 2020. She later agreed to remain until a replacement is found.

March 2020: The Postal Service projects that to maintain nationwide delivery of essential mail and parcels, including prescriptions, food and household necessities, its operations will lose $2 billion per month through the coronavirus recession.

March 2020: Trump threatens to veto the first bipartisan coronavirus relief package because it includes a $13 billion grant to keep the Postal Service on firm financial footing. Treasury Secretary Steven Mnuchin warns legislators that the USPS provision will blow up the entire bill. Over his objections, the final legislation includes on a $10 billion loan, without which the USPS will become “financially illiquid” by Sept. 30, 2020. But the terms of that loan are subject to Mnuchin’s approval and, in subsequent negotiations with the Postal Service, he seeks terms that will pull the agency into the White House’s sphere of influence.

April 30, 2020: Less than a week before the Board of Governors announces the appointment of a highly partisan postmaster general, another non-Trump board member and former inspector general of the Postal Service, David C. Williams, resigns as vice-chairman of the board.

May 6, 2020: The Board of Governors announces that Louis DeJoy will become the new postmaster general, starting June 15. According to Federal Election Commission records, DeJoy has contributed more than $1.2 million to the Trump Victory Fund and millions more to Republican Party organizations and candidates. He also chairs the finance committee for the 2020 Republican National Convention.

May 15, 2020: Deputy Postmaster General Ron Stroman, the last of the non-Trump appointees on the Board of Governors, resigns effective June 1. According to later reporting by The Washington Post, both Williams and Stroman have resigned over Mnuchin’s involvement with the Postal Service, including efforts to influence the appointment of the new postmaster general.

July 13, 2020: DeJoy announces major operational changes that will lead to slower and less reliable mail delivery.

July 29, 2020: The Treasury Department and the Postal Service agree to terms whereby the Postal Service will receive the $10 billion loan that Congress had appropriated four months earlier.

Trump and His Loyalists Intensify the Attack

Aug. 4, 2020: Asserting that Florida’s mail-in voting system works but that Nevada’s newly enacted law requiring all voters to receive mail-in ballots will be fraught with problems, Trump says, “Florida has got a great Republican governor…” Then he adds, “I mean, in Nevada,

where you have a governor — he said, ‘Let’s just send out millions of ballots,’ and the Post Office cannot be prepared; I haven’t spoken to the Post Office about it, but I don’t know how they could possibly be prepared.” (Emphasis supplied). Florida’s population exceeds 21 million — seven times that of Nevada. Trump, his family members, and senior administration officials have cast mail-in ballots repeatedly over the years.

Aug. 4, 2020: The Trump campaign and the RNC sue to block Nevada’s new mail-in voting law.

Aug. 5, 2020: “Nevada is a big state,” Trump says. “It’s an important state. It’s a very political state, and the governor happens to be a Democrat. And I don’t believe the Post Office can be set up. They were given no notice. I mean, you’re talking about millions of votes. No, it’ll be a — it’s a catastrophe waiting to happen.” (Emphasis supplied)

Aug. 5: Although the Centers for Disease Control and Prevention reported over 240,000 documented COVID-19 cases in children at this point, Trump said during an interview, "If you look at children, children are almost -- and I would almost say definitely -- but almost immune from this disease." He adds "They don't have a problem. They just don't have a problem."

Aug. 7, 2020: In prepared remarks before an open meeting of the Postal Service’s Board of Governors, DeJoy says, “I serve at the pleasure of the Governors of the Postal Service, a group that is bipartisan by statute and that will evaluate my performance in a nonpartisan fashion.” Every member of the Board of Governors is now a Trump appointee. Aug. 7, 2020: Noting that the Postal Service “has ample capacity to deliver all election mail securely and on-time in accordance with our delivery standards,” DeJoy also warns that he “cannot correct the errors of the Election Boards if they fail to deploy processes that take our normal processing and delivery standards into account.” (Emphasis supplied)

Aug. 7, 2020: Top Senate Democrats urge the Postal Service’s inspector general to investigate DeJoy’s operational changes that have “led to slower and less reliable delivery” throughout the country.

Aug. 7, 2020: DeJoy releases a memo reorganizing the Postal Service, reassigning or displacing 23 executives, implementing a hiring freeze, and seeking early retirements. Analysts say the structure centralizes power around DeJoy and de-emphasizes decades of institutional postal knowledge, according to The Washington Post.

August 2020: Trump sues states from increasing the number of drop mail-boxes. Amid growing concerns about the reliability of the Postal Service, some states are expanding the use of drop boxes to bypass mail delivery of completed ballots. Trump is attacking on that front too. In the battleground state of Pennsylvania, the Trump campaign has sued Pennsylvania’s secretary of state and all 67 counties’ boards of elections to bar their use in November.

Aug. 7, 2020, the director of the US National Counterintelligence and Security Center warned that Russia is once again actively trying to help Trump win an American election.

And although Russian intelligence officers have penetrated some states’ electronic voting infrastructures, they can’t hack a paper ballot.

Aug. 2020: Democratic leaders in Congress have been demanding that the new coronavirus relief bill include ample funds for the Postal Service and asking the USPS inspector general to investigate DeJoy’s operational changes that “threaten the well-being of millions of Americans that rely on the Postal Service for delivery of Social Security checks, prescriptions, and everyday mail of all kinds’ and “appear to pose a potential threat to mail-in ballots and the 2020 general election.”

Sept. 9: Responding to the reports about his comments to Woodward, Trump did not deny diminishing the threat the pandemic posed to the American public.

"Well, I think if you said in order to reduce panic, perhaps that's so," Trump said. "The fact is, I'm a cheerleader for this country. I love our country. And I don't want people to be frightened. I don't want to create panic as you say. And certainly, I'm not going to drive this country or the world into a frenzy. We want to show confidence. We want to show strength. We want to show strength as a nation. And that's what I've done."

Faced with dismal pre-election polls, Trump is aiming at the heart of democracy: the right to vote. For November, almost 80 percent of voters have a mail-in option. Impairing the delivery of those ballots is the ultimate voter suppression tactic.

[Time Line Allegations to be continued and inserted]

CLASS ALLEGATIONS

7. Plaintiff brings this action on behalf of the plaintiffs and all others similarly situated, who are members of the following Class:

(a) All persons whose relatives have died or persons that have been infected with the

Covid 19 virus; and

(b) All persons or entities who have businesses based within the State of New York.

8. Prerequisites under Federal Rule of Civil Procedure 23(a)(1)-(4):

(a) The proposed class is so numerous that joinder of all members is impracticable, as the members of the class number in the tens and hundreds of thousands.

(b) There are questions of law or fact common to the class, specifically including all fact questions pertaining to the allegations of fact pertaining to liability contained in this

complaint, as well as all legal questions pertaining to the allegations of law contained in this complaint, including the claims for relief contained below.

(c) The claims of Plaintiffs are typical of the claims of the class, and any defenses to the claims would be typical of the claims of the class.

(d) the representative parties will fairly and adequately protect the interests of the class.

9. Under Rule 23(b)(1)(A) and (B), prosecuting separate actions by Plaintiffs and the other class members would create a risk of inconsistent or varying adjudications with respect to individual class members that would establish incompatible standards of conduct for the parties opposing the class, as well as adjudications with respect to individual class members that, as a practical matter would be dispositive of the interests of the other members not parties to the individual adjudications or would substantially impair or impede their ability to protect their interests.

10. Under Rule 23(b)(2), the parties opposing the class have acted or refused to act on grounds that apply generally to the class, so that final injunctive relief or corresponding declaratory relief is appropriate respecting the class as a whole.

11. Under Rule 23(b)(3), taking into account pertinent factors under (A)-(D) thereof, questions of law or fact common to class members predominate over any questions affecting this action and only individual class members, and a class action is superior to other available methods for fairly and efficiently adjudicating the controversy. The interests of the class members, based on the herein proposed relatively narrow class definition applying only within New York are aligned, and individual class members would not need to individually control the prosecution of separate actions in order to reasonably pursue and protect such interests. On the contrary, their interests would be well served by not controlling the prosecution of separate actions, which would

be highly inefficient and not present significant value added for a class of this size and orientation.

Moreover, although various class actions recently have been filed in and out of New York purporting to represent all or part of the class, along with numerous others not in the class, the nature of these class actions is geared exclusively to money damages, and moreover, not targeted at the specific reasonable needs and expectations of this specific class. Thus, other class actions are not likely to serve the interests of the class to the same degree as this action. In addition, it is desirable to concentrate this particular litigation in this District, the federal forum closest to the affected class and in the best position to assess the particular needs and interests of the class, including most importantly as to injunctive relief. Nonetheless, in the event this action is transferred to another forum, the other factors strongly weigh in favor of Rule 23(b)(3) certification, even without crediting for Rule 23(b)(3)(C). Finally, this class action would be far less likely to have manageability difficulties than larger class actions purporting to represent statewide or multistate classes.

12. The undersigned proposed class counsel likewise should be appointed as class counsel for this class. The counsel have worked diligently to identify and investigate potential claims for relief based on threats urgently bearing upon the interests of the class. They have devised an overall approach that will serve the best interests of the class, including through this action common pursuit of injunctive relief and common fund mitigation not addressed in other class actions and relating to the geography of this particular class area. The counsel are experienced in handling class actions, other complex litigation, and the types of claims asserted in this action, are knowledgeable of the applicable law, and will commit the resources needed to represent the class. By their experience and conduct, they have demonstrated that they are best able to represent the interests of this particular narrowly tailored class.

(COUNT ONE) (CRIMINALLY NEGLIGENT HOMICIDE)

13. Plaintiffs incorporate by reference herein the allegations in paragraphs one to 12.

14. A criminally negligent homicide occurs when a person causes the death of an individual by criminal negligence with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur.

15. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.

COUNT II (GROSS NEGLIGENCE AND WILFUL MISCONDUCT)

16. Plaintiffs incorporate by reference herein the allegations in paragraphs one to 15.

17. Defendant owed a duty to Plaintiffs to use reasonable care to provide them with reasonable and fiducial care and protection. Defendant Trump took an oath as President thereby expressly recognized and undertook the duty to protect citizens under his care.

18. As the President, he owed the Plaintiffs a duty of the utmost care.

19. As shown above, Trump breached that duty by failing to protect the Plaintiffs and thereafter misleading the citizens of the United States in order to aid himself in his re-election bid. Trump by failing to be honest with the American public proximately caused the pandemic to be far worse than if he would have followed government plans already in place, failed to heed

CDC guidance and directives, stifled the advice of the National Institute of health and the

National Institute of Infectious Disease and Control.

20. In order to conceal the enormity of the pandemic being out-of-control, Trump, on

July __, 2020, sought to conceal this information from the public by directing all death, hospitalizations and ICU information being withheld to the public, also in order to enhance his bid for re-election.

21. [Slowing U.S. mail to postpone and manipulate and delay the Presidential election.]

22. [Sabotaging the Stimulus negotiations in order to use unconstitutional executive orders so he can appear the hero to the unemployed, whose condition he caused]

23. Defendant breached his duties by failing to act in the best interests of the

American people and misleading the public.

24. As a proximate result of the Defendants’ tortious conduct, the Decedent and Ms.

Anderson lost valuable time that would have reasonably led to the discovery of the Decedent’s whereabouts.

25. As a result of the gross negligence and willful misconduct of Trump, Plaintiffs’ decedents suffered injuries which after a period of severe conscious pain and suffering resulted in their deaths.

26. The wrongful acts of Trump were willful, wanton and in reckless disregard for the safety of persons under his care and were such as to have entitled Decedents, their estates and next of kin to maintain an action and to have recovered damages, both compensatory and punitive, against Trump.

COUNT III (CRIMES AGAINST HUMANITY)

27. Crimes against humanity are acts that “shock the conscience of mankind” and part of a global rule that sitting heads of state have no immunity from prosecution for atrocity crimes.

Atrocity crimes of the worst character lead to the deaths and injury of thousands, or as the allegations raised in this complaint the millions of innocent citizens, as well as the devastation of millions of American businesses.

28. The law of crimes against humanity are supported by common and general law, international law, the laws of the United Nations and the Rome Statute of the International

Criminal Court.

29. Crimes against humanity are acts purposely committed as part of a widespread or systemic attack against an identifiable part of a civilian population.

30. Upon information and belief, supported by reputable news companies, Jared

Kushner, Trump’s son-in-law and accomplice, based on Trump’s direction, scuttled a national testing plan because the deaths at the time were heavily skewed towards “blue” states with

Democratic governors.

31. Upon information and belief, Trump and Kushner, knowing the virus was striking

Black and Latino populations much harder than White populations (the core of Trump’s base) failed to take actions recommended by his Coronavirus task force and the CDC in order that the impact would be greater on Democratic voters, and thereby decrease the potential population that would likely vote against Trump in “blue” states.

32. Trump, in order to enhance his re-election bid has misused his powers and atrociously turned his powers against the governments’ own citizens, thereby losing any immunity from being held accountable.

COUNT IV (WRONGFUL DEATH) (Wrongful Death and Survival Actions)

33. Plaintiffs incorporate by reference herein the allegations in paragraphs __ to __.

34. The legal representative of the Decedents brings this action in their representative capacity of the Decedents’ Estates and on the behalf of the next of kin, the respective survivors of person dying from the Covid 19 virus.

35. As a direct and proximate cause of the conduct alleged herein, Trump caused the

Decedents extreme pain, suffering and anguish and ultimately their deaths.

36. The Decedents’ legal representative claim damages recoverable under applicable law for all pecuniary and non-pecuniary losses suffered by the death of the Decedents.

37. As a direct and proximate result of the death of the Decedent, their respective survivors and/or surviving beneficiaries have been deprived of the earnings, maintenance, guidance, support and comfort that they would have received from the Decedents for the rest of their natural life, and have suffered commensurate pecuniary and non-pecuniary losses because of the Decedents’ wrongful death.

38. The Decedents’ legal representatives claims the full measure of damages allowed under applicable law.

39. Plaintiffs allege that as a direct and proximate result of the negligence and wrongful acts of the Defendants, the next of kin of the Decedents incurred burial expenses, lost share of anticipated future income, lost the pecuniary value of services to be performed by the

Decedents, and lost any and all damages recoverable under the wrongful death laws.

COUNT V (Dereliction of Duty)

40. Plaintiffs incorporate by reference herein the allegations in paragraphs __ to _.

41. Dereliction of duty is:

a) a failure, through negligence or obstinacy, to perform one’s legal duty;

b) duty to a reasonable expectation;

c) in a culpable inefficient manner.

COUNT VI (42 U.S.C. 1983 – Civil Rights Statute)

42. Plaintiffs incorporate by reference herein the allegations in paragraphs __ to _ .

43. Trump subjected the Plaintiffs to conduct under color of federal and state law, and this conduct deprived the Plaintiffs of rights, privileges, or immunities guaranteed under federal law or the United States Constitution.

CLAIMS FOR RELIEF

WHEREFORE, Plaintiffs request the following relief:

A. Class certification as requested herein;

B. Declaratory judgment under 28 U.S.C. § 2201(a) concerning the foregoing laws;

C. Compensatory damages of SEVEN TRILLION DOLLARS ($7,000,000,000,000);

D. Punitive damages of ONE HUNDRED BILLION DOLLARS ($100,000,000,000);

E. Pre-judgment and post-judgment interest at the maximum rate allowable by law;

F. Attorney’s fees and costs of litigation;

G. All other actions deemed just or appropriate by the Court; and

H. Trial by jury as to all issues so triable.

DATED: Respectfully submitted,