UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA HE FOUNDING CHURCH OF SCIENTOLOGY OF WASHINGTON, D.C., INC. 2125'S Street, N.W. Washington, D.C. 20008 Telephone: (202) 797-7400 Plaintiff, ve CLARENCE E. KELLY, Director of the Federal Bureau of Investigation of the United. States 9th and Pennsylvania Ave., N.W, Washington, D.C. 20220 Telephone: ’ (202) 324-3000 GRIFFIN BELL, Attorney General of the United States 9th and Pennsylvania Ave., N.W. Washington, D.C. 20220 Telephone: (202) RE 7 - 8200 : GEORGE BUSH, Director of the United States Central Intelligence Agency Washington, D.C. 20505 Telephone: (202) 351-1100 MICHAEL BLUMENTHAL, Secretary of the Treasury of the United States 15th and Pennsylvania Ave., N.W. Washington, D.C. 20220 Telephone: (202) 393-6400 LOUIS B. SIMS, Chief of the United States National Central Bureau of The International Criminal Police Organization 15th and Pennsylvania Ave., N.W. Washington, D.C. 20220 Telephone: ' (202) 393-6400 LT, GENERAL LEW ALLEW, JR, Director of the United States National Security Agency Fort George G. Meade, Md, 20755 Telephone: (301) 688-6311 MARTIN R, HOFFMAN, Secretary of the United States: Army : —-Pentagen, Washington; BENJAMIN F-BATEAR, General of the United States Postal service L'Enfant Plaza, Washington, D.C. 20220 TeLephones(202) 245-4000 THE UNITED STATES“OR AMERICA, ee T7- OL75 Civil Action io.COMPLAINT (FOR DAMAGES, INJUNCTIVE AND DECLARATORY RELIEF, AND FOR _A WRIT QF MANDAMUS) JURISDICTION 1. This action arises under Amendments I, IV, V, IX and XIV to the Constitution of the United States and under the following statutes: 42 U.S.C. g61983 and 1985(1) and (3); 28 U.S.C, 534; 50 U.S.C. g403(d); 18 U.S.C. §§1702 and 1703; 18 U.S.C, 2520; and 47 U.S.C. .g605. 2, Jurisdiction is conferred upon this court by 28 U.S.C, g1331(a); 1343(1), (2) and (4), 1346(b) and 1361; and by 5 U.S.C. §§702. The amount in controversy exceeds $10,000, exclusive of interest and costs. PARTIES 3, Plaintiff, The Founding Church of Scientology of Washington, D.C,, Inc., (hereinafter referred to as the “Founding Church") is a non-profit corporation chartered and operating under the laws of the District of Columbia as a religious organization practicing the Religion of Scientology The Religion of Scientology is an applied religious philosophy which seeks, through the use of pastoral counseling procedures, to enhance its adherents' knowledge of themselves and their Creator, for the purpose of bringing about in an individual a heightened self-respect and respect for others and heightened personal integrity and peace of mind, The doctrine, practices and beliefs of the Church of Scientology are based upon the writings and works. of, the founder-of-the Religion of Scientélogy, [-Lo-ROW Hubbard.” The Founding Church was organized in 1955 a1: Sclentology-513,and is*the oldest continually existing Church’ of Scientology. The Founding Church appears in this action on behalf of itself and its past and present members and on behalf of all Churches of Scientology and Scientology missions located throughout the United States. 4, The following defendants are public officers of 4 the United States and arevsued in, their official capacaties: Griffin Bell, Attorney General of the United States; Clarence E. Kelly, Director of the Federal Bureau of Investigation; George Bush, Director of the Central Intelligence Agency; Michael Blumenthal, Secretary of the Treasury; Louis 3. Sims, Chief of the National Central Bureau of the International Criminal Police Organization; Lt. General Lew Allen, Jr., Director of the National Security Agency; Martin R. Hoffmann, Secretary of the United States Army; Benjamin F, Bailar, Postmaster General of the United States Postal Service. 5. Other officers and agents of the United States 4: Government and other former officers and agents of the United States Government have engaged in the conduct described: + hereinafter, but their number and names are presently unknown to plaintiff, Plaintiff will move to amend this complaint to make them named defendants when their indenties are ascertained. 6. The United States of America is also a defendant. CLASS ACTION ALLEGATIONS 7. Plaintiff brings this suit as a class action pursuant to Rule 23(a) of the Federal Rules of Civil Procedure, / and this suit’ is maintainable under Rule 23(b) (2) and 23(b) (3). -composed— 8. The class which plaintiff repre. es of all Churches of Scientology and Scientology missions located throughout the United States. For convenience, this class will be referred to below generally as the "Church of Scientology." xr Scientology-514}9. The questions of law and fact related to the intrusive surveillance by defendants and their agents and their maintenance and dissemination of dossiers, reports and files relating to the Church of Scientology and its leaders and members are common to all members of the class and predominate over any questions affecting only individual members to such extent that a class action is the only available method for the fair and efficient adjudication of this controversy. Defendants have acted on grounds generally applicable to the class, thereby making appropriate injunctive relief and corresponding declaratory relief with respect to the class as a whole. 10. The claims of the representative parties are typical of the claims of the class, common relief is sought, \ and the class is fairly and adequately represented by the plaintiff herein. ll. The approximate size of the class represented by plaintiff is 125, and consists of organizations located in approximately twenty-five states This class is so numerous and geographically diverse that joinder of all members is impracticable. 12, During or about the year 1955 and continuing thereafter, J. Edgar Hoover, Director of the Federal Bureau of Investigation (hereinafter referred to as the "FBI") together with officials and agents of other federal agencies, partment. of Justice Depaitmént” éf the Army, including th Central Intelligence Agency (hereinafter-referred -to as- the 1 “CIA") and the National Security Agency (hereinafter referred to as "NSA"), individually and by agreements, implemented a series of programs and policies which were designed to disrupt and discredit certain American citizens and domestic Scientology-515political and religious organizations, including plaintiff and its leaders and members, to deter individuals from joining these organizations, and to obstruct the propagation and growth of these organizations. 13. The institution and operation of the above programs and policies were in violation of these agencies’ statutory authority and regulations, and resulted in the infringement of the constitutionally protected associational, political and religious freedoms of the affected organizations and individuals. 14, In furtherance of the above policies and programs the organizations and individuals referred to in paragraph 12 became the subjects of intensive surveillance by defendants and their agents, which resulted in the compilation, maintenance and dissemination of dossiers, purported intelligence reports, and files about them and their constitutionally protected activities. Pursuant to these intelligence activities, the FBI, along with the other agencies referred to in paragraph 32s a) acted as clearinghouses for domestic intelligence data, and maintained in readily accessible files sensitive and derogatory personal information not relevant to any investigation, as well as information which was improperly or illegally obtained b) routinely disseminated reports on the lawful political and constitutionally protected associational activities of law abiding citizens to agencies and individuals having no proper..reason to receive themy—~ and, = 7 ¢) volunteered massive amounts of irrelevant and derogatory information to officials and agencies in the Executive Branch, foreign governments and Scientology-5163 q private individuals and organizations in a”covert effort to impair the growth and development of targetted political and religious organizations. 15, On information and belief, pursuant to the above- described programs and policies defendants and their predecessors and agents, beginning about 1955 and continuing thereafter, caused the events described in paragraphs 16 through 48 below, as well as other, related acts. 16. Defendants, their predecessors and agents, collected, used, disseminated and maintained dossiers and other records containing thousands of items of information describing the past and present affiliations of individuals with the Church of Scientology and describing the meetings, organizational structure, conversations, speeches, publications, travels, and religious beliefs of plaintiff and menbers of the class and their members and leaders, The said defendants collected and continue to collect the said items of information by means of informers, infiltrators, interrogations, warrantless electronic surveillance, mail surveillance and by other unlawful methods. 17, Defendants, their predecessors and agents, incor- porated the items of information referred to in paragraph 16 in numerous purported intelligence memoranda concerning the Church of Scientology, its members, leaders and founder, L. Ron Hubbard. Although auch of the information incorporated in these memoranda was unverified and of such a biased and scandalous nature that defendants and their predecessors Imew .or had_reasonable cause to: know thatthe information was without factual basis, the defendants routinely incorporated a5 6 Scientology-517 ‘* errr isaid information in memoranda which’ contained, among others, the following: unfounded: assertions and inferences: 4 ; a) that the founder of Scientology, L. Ron Hubbard, was hopelessly. insane, had been previously confined to a mental institution, and that competent medical advisors had recommended that he be committed for the treatment of paranoid schizophrenia; b) that the Religion of Scientology was not a bona fide religion, but rather was a dangerous and fraudulent form of amateur psychiatry which was operated to the personal gain of L. Ron Hubbard and used to defraud members of the public. c) that the Church of Scientology and its members and leaders regularly engage in illegal and criminal activities, 18. Defendants Attorney General and Director of the FBI and their predecessors and agents, transmitted memoranda including the erroneous and derogatory information referred to above to numerous other federal and state agencies and departments, including the Departments of the Army, Navy and Air Force, the Internal Revenue Service, the Department of State, the Department of Health, Education and Welfare, the Food and Drug Administration, the Atomic Energy Commission, the Depart- ment of the Treasury and the Energy Research and Development Agency. 19, The information contained in these FBI memoranda was incorporated in numerous dossiers and purported intelligence reports relating to the Church of Scientology, its members and “Leaders* compiled by the recipient agencies. “These dossiers and purported intelligence reports were the basis -6- Scientology-518 'for extensive surveillance and harassment of menbers of the ‘Church of Scientology, for denying them governmental benefits employment or advancement, and for other blacklisting purposes Said dossiers still exist and are maintained in the files of the departments and agencies headed by the defendants. 20. The defendant Director of the FBI, his predecessor and their agents, responded on numerous occasions to "name check" requests made by various agencies of the executive branch by providing, inter alia, the erroneous and derogatory information referred to above. In responding to these "name check" requests, the FBI made absolutely no attempt to verify the allegations contained in the information provided, and in fact knew or had reasonable cause to know that much of this information was erroneous. The information furnished pursuant to these "name check" requests was prejudicially used to evaluate applicants for government employment or advance- ment who were or had been menbers of the Church of Scientology | or related organizations. 21, Defendant Director of the FBI, his predecessor and their agents, on a nunber of occasions furnished to members of Congress purported intelligence reports which included the erroneous and derogatory information referred to above. These reports were furnished by the FBI for the purpose of provoking public hostility against the Church of Scientology, its leaders and members, 22. Defendant Director of the FBI, his predecessor and their agents, disseminated, both voluntarily and on request, erroneous. — ~purported-FBI- intelligencé report and derogatory information referred to above to private ae Scientology-519individuals and organizations having no legitimate reason to receive them, Some of these private recipients incorporated this information in published articles which ridiculed and held in contempt the Church of Scientology, its leaders and. members. 23. In June of 1970, J. Edgar Hoover, then Director of the FBI and his agents, caused several investigative reports. relating to plaintiff Founding Church to be furnished to the Special Service Staff of the Internal Revenue Service. This report included substantially all of the erroneous and derogatory information referred to above, These reports were incorporated into’ IRS memoranda which formed the basis for un- lawful discriminatory tax audits and other harrassive admini- strative actions by the Internal Revenue Service taken against plaintiff and other Churchés of Scientology during the years 1970 to present. 24, On or about August 13, 1968, J. Edgar Hoover, then-Director of the FBI, caused a purported intelligence . _. report relating to the Church of Scientology and its founder, L. Ron Hubbard, to be transmitted to British officials in Scotland Yard, via the United States Embassy "legal attaché" in London, This report contained the erroneous and derogatory information referred to above. This information ultimately was transmitted to the West German Federal Criminal Police in Wiesbaden, West Germany who incorporated this information into a report, dated March 8, 1973, to the West German Minister of the Interior: On the basis of this-report, which was -subse~ quently released to the public, the Churétr of Scientology and its members were subjected to harrassive surveillance, inter- rogations, and hostile actions by West German draft officials, -8- , Scientology:520and were subjected to ridicule in articles incorporating this information published’ in the public press. 25, During the period commencing on or about February 1967 and continuing thereafter, J. Edgar Hoover, then-Director of the FBI, in response to requests for information in FBI files relating to the Church of Scientology, transmitted to FBI agents stationed at the American Enbassy in London, numerous purported FBI intelligence reports relating to the Church of Scientology and its founder, L, Ron Hubbard, These reports contained the erroneous and derogatory information referred to above as well as the unfounded assertions that the Church of Scientology was in principle against police authority, did not believe in religion, and advocated genocide. * 26. The FBI reports referred to in paragraph 25 were transmitted to officials at Scotland Yard and were incorporated in Scotland Yard reports prepared:on-or about September, 1968 and October, 1969, These Scotland Yard reports were subsequently provided to members of the British Parliament, the London Commissioner” of Police and the London’ International Criminal Police Organization (Hereinafter referred to as INTERPOL), and vere, in turn, transmitted to numerous public authorities in Europe. These reports formed the basis for the imposition of a ban from August, 1968 through 1969 on the entry of foreigners to the United Kingdom including members of the Church of Scientology to participate in religious courses offered by Scientology organizations in that country, and otherwise. impaired.the ability-of-these-organizations to Attract members and openly practice their religious activites in Great Britain. rel Scientology-521 +27. On or’ about July 16, 1969, J. Edgar Hoover, then- Director of the FBI and his agents transmitted a purported FBL intelligence. report concerning the Church of Scientology to the Department of State, Shortly thereafter, this report was transmitted to State Department officials at the United States Embassy in Pretoria, South Africa, This report contained the-derogatory and erroneous information referred to above, and was furnished by State Department Officials to members of the South African Parliament in response to requests made by those members for information relating to the Church of Scientology and its founder, L, Ron Hubbard, Said report formed the basis for a protracted inquisition by the South African Parliament of the activities of the Church of Scientology in that country, which required the expenditure of vast amounts of time and money by the Church of Scientology to refute the unsupported allegations contained in said report 28. In December of 1971, the Director of the FBI : transmitted to the FBI agents attached to the American nied Embassy in Copenhagen, Denmark, a report compiled from ong FBI investigative files containing the derogatory and erroneous information referred to above, This intelligence report was subsequently provided by FBI agents to both Danish authorities and to private individuals and organizations for publication in news. articles. 29, The defendants Attorney General and Director Scientology-522|of the FBI, together with. other defendants and their predecessors and agents, established a policy of black- listing the plaintiff and members of the class, their leaders and members, Pursuant to this blacklisting policy defendants and. their agents arbitrarily listed the said plaintiffs on a series of lists, including but not limited to the Internal Revenue Service's Special Services Staff list of ideological and activist organizations, which lists were used by the FBI and other federal and state agencies as a basis for intensive surveillance and harassment of plaintiffs and their members, for denying them governmental benefits, employment.or advancement in position, for provoking hostility against them, and for other blacklisting purposes. 30. On numerous occasions, agents of defendants systematically singled out many federal employees on the basis of their affiliation with or support of the Church of Scientology and its religious philosophies. After singling out Church of Scientology members: and supporters among federal employees, these agents questioned them in detail regarding their affiliations with the Church of Scientology, and said agents further required the members and supporters to answer these questions as a condition to ‘continued federal employment. 31. The defendant Director of the FBI, his predecessors and their agents, caused government informers secretly to intiltrate plaintiff and members of the class, and to induce -l- Scientology-523and attempt to induce individual members. and supporters of these organizations to become secret informers, all for the purpose of surveilling bona fide members. and supporters, and or attempting to interfere with the lawful associational and religious activities of the Church of Scientology. . 32, Unknown agents of the FBI, failing to identify themselves and representing themselves falsely, made repeated -4 phone calls (known within the FBI as "pretext calls") to the premises of the Church of Scientology in California, Washington, D.C. and other locations, and surveilled and visited these premises without identifying themselves as FBI agents solely : for the purpose of gathering information about the organizational structure, membership, and religious activities of the Church of Scientology. 33. The acts of defendants referred to in paragraphs 16 through 32 were not authorized by statute, by plaintiff or ¥ any member o£ the class and were not pertinent to and within, =.= the scope of any authorized law enforcement activity. These activities were specifically approved by the Director of the FBI, and were designed by the FBI and other defendant agencies deliberately and systematically to provoke hostility toward plaintiff and members of the class, and thereby to disrupt these organizations and prevent their, growth, 34, On information and belief, during or about the year 1958 and continuing thereafter, defendant Director of the CIA and his predecessors and agents established and operated within the CIA various policies and:programs with the purpose and effect of infiltrating and surveilling the Church of Scientology, its a embers and leaders, and of disrupting these individuals as they travelled to and from foreign countries to exchange ideas with foreign citizens and to establish Scientology missions abroad. 35. The said CIA policies and programs were formulated and operated in collaboration with the FBI, NSA, INTERPOL, and - 126 F Scientology-524 —_————-—_ ané 2 e the United States National Central Bureau of INTERPOL in pursuance of a mutual. purpose to’ disrupt the Church of Scien- tology, its leaders and members, and to prevent its growth 36. Pursuant to the above policies and programs, defendant Director of the FBI and his predecessors and agents caused a number of purported intelligence reports concerning the Church of Scientology to be transmitted to the CIA, which reports contained the derogatory and erroneous information referred to above. The CIA, in return, furnished to the FBI purported intelligence memoranda which reported of the CIA's surveillance of the activities of the Church of Scientology and its members and leaders. 37, In furtherance of the above policies and programs defendant Director of the CIA and his predecessors and agents compiled dossiers containing and discussing publications of the Church of Séientology, and caused purported intelligence mem oranda to be compiled in respect to the Church of Scientology and its founder, L, Ron Hubbard, ‘These memoranda contained the erroneous and derogatory information referred to above as well as the unfounded assertion that practitioners of Scien- tology use hypnosis, carbon.dioxide gas, and barbituates in the course of their religious practices. 38. . The defendant Director of the CIA and his predecessors together with their agents caused these purported intelligence memoranda to be transmitted to numerous foreign governments for the purpose and effect of provoking’hostility against the Church of Scientology and its members and leaders, and thereby to “aisyupe-ené-circh of Scientology and prevent its growth. The above activities of the CIA were and are not authorized by statute, and the said acts were not pertinent to any lawful ise Scientology-525 oeintelligence activity on: the part of the. CIA. 39, During the period of 1955 continuing to present defendant, U.S, Bureau of INTERPOL in collaboration with various foreign offices of INTERPOL and that organization's General Secretariat, the FBI and the Department of Treasury, caused numerous purported intelligence reports concerning the activities and religious beliefs of the Church of Scientology, its leaders and members to be compiled and widely disseminated throughout the United States and abroad. These reports, included the erroneous and derogatory information referred to in paragraph 17, as well as other similar information, These reports were transmitted to numerous state, local and foreign police agencies and governments as well as private individual organizations solel for the purpose and effect of provoking hostility toward niaswestl and members of the class and thereby to disrupt these organi- zations and‘prevent their growth, The collection, maintenance. and dissemination of said reports was in violation of the charter of INTERPOL and served no legitimate law enforcement function and interfered with plaintiffs' constitutionally protected rights to freely associate and practice their religion. 40. On information and belief, during the period from January, 1957 and continuing to present, defendant Postmaster General, his predecessors and agents and agents of other “ defendants, without permission and without any judicial or administrative warrant or subpoena and without probable cause, unlawfully obstructed and delayed passage of 1st Class mail, private correspondence and packages addressed to plaintiff and | -members.of..the..class -and. private: mail-and correspondence - they, in urn, sent ‘to other persons and organizations; opened said correspondence and read, copied, photographed, or destroyed the contents thereof; and systematically recorded senders’ names and return addresses on said correspondence, The information ~14- Scientology-526 [5so gained was transmitted to various state agencies and agencies and departments of the executive branch of the United States, including the Internal Revenue Service. Plaintiff and-members of the class had at all times a reasonable expectation that said correspondence and mail would remain’ confidential and private. 41, On a date not precisely xnown but believed to be in August, 1969, plaintiff Founding Church's name was placed on a list, prepared and maintained by the Special Service Staff of the Internal Revenue Service at the direction of defendant Secretary of the Treasury and his predecessors of "ideological and activist" organizations, which were systematically singled out for discriminatory tax audits and other unlawful selective administrative action by the IRS. This list was pre| maintained for the purpose of punishing selected organizations and’ certain associated individuals for their expression of polit- ical or ideological views antagonistic to the Nixon Administrati in order to deter them from further expression of such views, and to disrupt said organizations and to prevent their growth 42. In the course of the foregoing actions, defendant Director of the Treasury and his predecessors and agents caused dossiers. and purported intelligence memoranda to be compiled from information. solicited from various federal agencies, including the FBI, relating to plaintiff Founding Church, its members and leaders, and its organizational activities and religious phil- osophy. These memoranda were disseminated to other federal and state agencies and to public officials in the executive branch 43 During the period of 1960 and continuing thereafter, | Ricterndant= secretary “of compiled, in part through the use-of informants, a number of purported military intelligence reports relating to plaintiff and members of the class, their founder, L. Ron Hubbard, and the religion of Scientology. These memoranda contained the as . Scientology-527erroneous and derogatory information referred to above as well | asthe erroneous and unfounded assertions and inferences that the Church of Scientology engaged in mind control and used inypnosis in a manner condusive to blackmail or espionage pur- poses, and appealed primarily to individuals inflicted with menta disorders or emotional instability, who, therefore, might be security risks. 44, A purpose and result of the collection, maintenance and distribution of the above memoranda referred to in paragraph 43 was to harrass and intimidate practitioners of: Scientology who were members of the Army or civilian employees of the Army, and to deny them employment, advancement in rank, or government benefits. 45. The above information and memoranda relating to the Church of Scientology, its members and leaders and their religious beliefs, collected and maintained by the Department ~of the Army, serves no legitimate military purpose and its collection and maintenance is beyond the outer scope, of defendant Secre~ tary of the Army's statutory and constitutional authority 46. During or about the year 1963 and continuing there- after, defendant. Director of the NSA, his predecessors and their agents, caused the names of the Church of Scientology, and its founder, L, Ron Hubbard, to.be placed on certain "watch lists" Pursuant thereto, agents of the NSA, without valid warrants or other valid authority, used wiretaps and other, electronic listening devices to monitor and intercept international tele- phone conversations to which members and supporters of the Church © of. Scdentologywere parties. 2 ok 47, ‘The NSA caused the above intercepted information to be compiled in dossiers and purported intelligence reports relating to the Church of Scientology and ité members, which oe Scientology-528were disseminated to other federal agencies, including the CIA, 48. The actions of the NSA referred to in paragraphs 46 and 47 served no legitimate intelligence purpose and were beyond the’ outer scope of defendant’ Director of the NSA's statutory and constitutional authority, 49, Neither plaintiff nor any member of. the class had. know- ledge of the acts of defendants complained of herein, or of any facts which might reasonably have led to their discovery, until shortly before filing this complaint. Plaintiff and the class could not have uncovered these facts at an earlier date by the exercise of due diligence, because they were fraudulently and actively concealed by the defendants, their predecessors and agents 50, As a result of defendants’ systematic surveillance and harassment, their policies of affiliation-based interrogation and harassment, the blacklisting of the Church of Scientology and its leaders and members, and the other government actions described above, the ability of plaintiff and members of the class to freely practice their religious beliefs and to engage} in other lawful associational activity was and is seriously impaired in that fear of similar or additional government or government-induced harassment, surveillance, and blacklisting deters members and other potential supporters from openly and freely joining and supporting the Church of Scientology. 51. By collecting, using, disseminating and maintaining thousands of records describing the affiliation of individuals with the Church of Scientology and related organizations, and describing the meetings, conversations, speeches, publications, travels, and the exercise of religious beliefs and related “activities of plaintiff and tembers 6£ eNe class and’ their : members and leaders, although the said records are not authorized by statute or by the subjects of the records and the said records are not pertinent to and within the scope of an authorized law enforcement activity, the defendants ai Scientology-529acted andyare acting unlawfully in that: a) they impair and chill the freedom of’plaintiff and members of the class and their members and supporters to associate as religious organizations and to freely exercise the religious views of their choice, in violation of the First Amendment : b) they violate the right’ of privacy of plaintiff 9 ~—~--~ organizations and their members, in violation of the Fourth and Ninth Amendments. 52. By routinely disseminating erroneous and derogatory information concerning the Church of Scientology, its members and leaders, to agencies and officials of the executive branch, members of Congress, private individuals and organizations and foreign governments, in an attempt deliberately and || systematically to disrupt the Church of Scientology and to prevent its growth and interfere with the dissemination of its religious beliefs, the acts of defendants and their | agents are unlawful in that: a) they impair the freedom of plaintiff and members of the class to associate as religious organizations and to freely exercise the religious views of their choice, in violation of the First Amendment; b) they impair the right of plaintiff and members te iI of the class and their members to travel freely outside of the United States of America, in violation of the Fifth Amendment; c) they violate the proscription of 28 U.S.C. §534 | ‘and the regulations of the Department of Justice establishe: in 28 C.F.R. et. seq.;4) they constitute an adjudication of guilt or allow the inference that unlawful behavior is to be assumed in respect to the present and prior activities of the Church of Scientology and its leaders and members without due process of law, in violation of the Fifth Amendment; e) they constitute malicious attempts to interfere with and destroy the plaintiff and members of the class and the conduct of their business, in violation of the common law f£) they violate the right of privacy of plaintifé and members of the class and their members, in violation of the Fourth and Ninth Amendments. 53. By creating and utilizing systems for compiling, maintaining and disseminating purported intelligence records concerning the Church of Scientology and its leaders and members, deferdants assumed the responsibility to plaintiffs~~ and members of the class to maintain reasonably accurate xecords and to adopt procedures to preclude the compilation and maintenance of information which, either because of its age, source or for other reasons, defendants had reasonable cause to know was erroneous and could not be relied upon for its accuracy or truth. 54. By their failure to adopt these procedures and to impose and enforce adequate safeguards to.assure that erroneous and defamatory information relating to the Church of Scientology and its leaders and members would not be perpetually maintained in.agency files-and-available- for ‘routine use and “dissemination | to” thé “detriment” of praii ‘and members of the class, defendants failed to exercise the degree of due and reasonable care for the rights of plaintiff and members of the class ao Scientology-531required under the circumstances, This failure constituted gross and tortious negligence and was the “direct and proximate cause of injury to plaintiff and members of the class in tne form of suppression of their rights of freedom of religion and association, and in the form of reduced support, membership, and revenues. 55. 8y maintaining secret government agents and informers as active members of plaintif£ Churches, defendants prevent... plaintiff and members of the class from formulating and exer- cising their religious beliefs and rights of association free of government influence, in violation of the Firse Amendment. 56. By wiretapping and otherwise intercepting, without valid authorization, the oral communications of plaintiff and members of the class, and by disclosing and using contents of thé.intercepted commmications, defendants.acted and are acting unlawfully in that: a) they subject plaintiff and the members of the 5 class to unreasonables searches and seizures, in violation of the Fourth Amendment; b) the intercept, disclose and use oral communications, in violation of 18 U.S.C. §2520 and 47 U.S.C. §605; and, c) they deprive plaintiff and members of the class of privacy and anonymity in the practice of the religious beliefs of their choosing, in violation of the First Amendment. : 57. By opening, reading, copying and destroying the mail of plaintiff and members of the class and by recording the names and-addresses of their-correspondents, defendants and their agents acted and are acting unlawfully towards ~ 20 - Scientology-5 32e plaintiff and members of the class in that: ary) they subject: them to unreasonable searches and seizures of their papers and effects, in violation of the Fourth Amendment; b) | they deprive them of privacy and anonymity in the exercise of the religious beliefs of their choosing, in violation of the First-Amendment; and, ¢) they obstruct, open and destroy their correspon- dence in violation of 18 U.S.C. .§§1702 and 1703. i | i ! 58. By making agreements or plans and by jointly instituting programs and policies and by causing numerous acts to be done pursuant to these programs whereby plaintiff Jana members of the class were and are injured and prevented | from exercising their constitutional rights, defendants and | their predecessors and agents acted unlawfully in that their [sums constitute conspiracies: i a) to deprive plaintiff and members of the class | of the equal protection of the law by causing agents of the United States Government to conduct intensive interrogation, surveillance, and harassment against them, their members and supporters, but not against most other religious organizations, in violation of 42 U.S.C. §1985(3); b) to deprive plaintiff and members of the class of equal privileges and immunities under the laws by preventing them. from freely practicing the religious beliefs of their choosing and fron. freely. traveling interstate and internationally on the same’basis as members of most other religious organizations, in violation of 42 U.S.c. §1985(3). ee59. In singling out members, and supporters because of their affiliation with the Church of Scientology, and in* interrogating, surveilling, threatening and harassing them, by listing plaintiff and members of the class and their leaders and members on various blacklists (while not listing most other established religious organizations and their members), and by publishing the lists and using them as a 7 basis for intensive surveillance and harassment of the said plaintiffs and their members, for denying them governmental employment and for provoking public hostility against them, defendants acted and are acting unlawfully toward plaintifé and members of the class in that a) they arbitrarily stigmatize them and their menbers, in violation of the Due Process Clause of the Fifth Amendmen b) they impair their freedom to openly associate i | and exercise their religious beliefs, in violation of the First Amendment; and c) they deny them the equal protection of the laws, in violation of the Fifth Amendment. 60. By planning and carrying out many of the above- ‘described acts in conjunction with state and local officials and private individuals and organizations, the defendants and their agents deprived plaintiff and members of the class of their First and Fourth Amendment rights, and their Fourteenth Amendment right to equal protection of the law, while acting under color of state law, in violation of 42 U.S.C. §1983 61. By engaging in the acts described above in paragraphs 34 through 38, defendant Director of the CIA and his predecessors | and agents acted unlawfully in that they surveilled - 2 - rl Scientology-534investigated, and engaged in related law enforcement and internal security activities directed toward domestic organization| and their members, in violation of 50 U.S.C. §403(d). 62. As a result of the systematic operations of employees and agents of the defendants designed to disrupt plaintiff and members of the class and to prevent their growth, plaintiff and members of the class sustained damages in the form of suppression of rights of freedom of religion and association, and in the form of reduced support, membership and revenues, in the amount of $ 10,000,000 63. As a result of wiretapping and eavesdropping by unknown agents of the NSA and other defendant agencies; the opening, reading, copying, and destruction of the mail of plaintiff and members of the class; and as a result of the other above described activities of defendants and their predecessors’ and agents, plaintiff and members. of the class sustained losses of their Fourth Amendment and statutory rights, and their constitutionally protected freedoms of expression and association, freedom to travel interstate and internationally, and freedom to practice the religious beliefs of their own choosing, in an amount presently undetermined but believed to be in excess of $10,000,000. 64. The United States of America is liable, pursuant to 28 U.S.C. §§1346(b) and 2671 et. seg., for the damages sustained by plaintiffs as a result of the above-described negligent and wrongful act: tof employées of the United States-government white~acting-within the “scope Of théir employment. -23- ‘Scientology-53565. Plaintiffand-members of the class have no adequate remedy at law and are suffering and will continue to suffer irreparable injury as described above unless defendants are restrained by order of this Court. WHEREFORE, plaintiff requests judgment in the form A permanent injunction restraining the defendants, their agents, successors, privies and all persons acting in concert with them or with knowledge of the judgment from: (1) interrogating, surveilling, threatening or affecting the employment of members or supporters of the plaintiff or members of the class because of their affiliation with or support of the Church of Scientology or past or present practice of: the Religion“of Scientology; (2) inducing or attempting to induce members or supporters to spy and inform upon the plaintiff or members of the class; (3) infiltrating the plaintiff or members of the class for purposes of surveillance or any other purposes; (4) wiretapping or otherwise intercepting the oral communications of plaintiff or members of the class; (5). singling out, opening, reading or copying the mail of plaintiff or members of. the clas: (6) recording the names of correspondents of plaintiff or members of the class, or otherwise monitoring their mail; 8 (7). disrupting or interfering with, or attempting to disrupt or_interfere with the lawful foreign travels and conimunications of representatives and members of plaintiff or members of the class; =~ 2h- Scientology-536(8)* implementing any aspect of the program and policies to blacklist the Church of Scientology and its members and supporters or to disrupt and interfere with its growth, regardless of whether such implementation is designated as a part of that program or is otherwise designated; (9) collecting, using, disseminating or maintaining any item of information describing or referring to the past or present association of any individual with the Church of Scientology, or describing or referring to past or present meetings, conversations, speeches, publications, or travels of the said organizations or their members, or describing or referring to any other past or present exercise of First Amendment rights by plaintiff or members of the class. B. A mandatory injunction and writ of mandamus ordering the defendants to produce before this Court, for destruction, all blacklists, publications, records, reports, photographs, recordings, data computer tapes and cards, and other material containing any item of information referred to in subparagraph 9 of the foregoing decretal paragraph. C. A declaratory judgment that each of the activities described in decretal paragraph A including, but not limited to, surveillance, infiltration, interference with domestic and foreign travel, and collection, maintenance and dissem- ination of information about the plaintiff and members of the class,"based solely on their lawful associational. and religious activities, violated the First, Fourth, Fifth, and Ninth Amendments of the Constitution, and is beyond the outer scope of defendants' statutory or delegated constitutional authority. Ss Scientology-537. ts:D. Compensatory damages as follows: (1) $10,000,000 payable by defendant United States of pmerica in compensation for the injuries referred to in paragraph 62. (2) Compensatory damages payable by defendant United tates of America in compensation for the injuries referred to in Pavaseasn 63, presently estimated to be $10,000,000, but to be Hetermined upon the completion of discovery. E. Punitive damages in an amount of ten times compensatory Hamages awarded by the Court up to a maximum of $750,000,000, ayable by defendant United States of America F, Costs, disbursements and attorneys' fees; G. Such other and further relief as may be jsut and oper. be - 4 ATED: 31 January 1977 pre 4 Washington, D. Cc. = 26 - Scientology-538. g|United States District Court District of Columbia 77i- 0175 CIVIL ACTION FILE No. ‘THE FOUNDING CHURCH OF SCIENTOLOGY OF WASHINGTON, D. C., INC. 2125 S$ Street, .N.W. Washington, D. C. .20008 Plaintift i SUMMONS cuarence’®. KELLY, et al. Director of the Federal Bureau of Investigation 9th and-Pennsylvania Avenues, N.W. Washington, D.C. 20220 L Defendants: To the above named Defendant : Clarence B. Kelly, Director of the Federal Bureau of Investigation You are hereby summoned and required to serve upon plaintiff's attorney, whose address bre - 2 an answer to the complaint which is herewith served upon you, within 60 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against, you for the relief demanded in the complaint. * = JAMES F. DAVEY . aahp! 2 hag Court her oe Date: January 31, 1977 [Seal of Court} Thi summons:is issued pursuant: to Rule ¢:of the Federal: Rules of Civil Procedure. Scientology-539