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Chambers v God (14 October 2008)
Docket 1075, District Court of Douglas County, Nebraska
In a legal action that raised novel legal issue, Nebraska state senator Ernie Chambers applied to the District Court of Douglas County, Nebraska for an injunction ordering God to "cease certain harmful activities and the making of terroristic threats".
The petitioner affirmed that he has read the contents of the petition and believe the facts alleged therein to be true.
The "admitted perpetrator of the deleterious acts complained of" was said to be "also known by various aliases, titles, names, designations" as "present in all places at the same time ("Omnipresent")"and also is "all knowing ("Omniscient").
The petitioner asked the court to waive personal service of the petition on the defendant on the ground that "lawful personal/constructive service" had been effectuated by virtue of the fact that the defendant was Omnipresent and Omniscient.
Under "Factual Basis of the Action", the defendant is said to be "present in Douglas Country by and through putative agents, representatives, spokespersons… of various religious denominations, persuasions, cults and the like, who publicly and notoriously hold themselves out to be agents of Defendant who are authorized to speak for and represent Defendant" and that "some such agents claim exclusive agency while others do not". In addition, the defendant "never publicly has disavowed explicitly any of sais agents" and the said agents, "regardless of whether claiming exclusive agency or not, appear to be hopelessly alienated, fractious, separated from, and antagonistic towards one another".
The accusations include, inter alia, making "terroristic threats of grave harm of the innumerable persons, including constituents of Plaintiff" and causing "fearsome floods, egregious earthquake, horrendous hurricanes, terrifying tornados, pestilential plagues, ferocious famine, devastating drouths [sic]".
The petition further pleaded that the defendant admitted the "hereinbefore identified and described deleterious behavior and terroristic threats" to "various handpicked, trusted chroniclers or yore" who were directed to "assemble and disseminate in written form, said admissions, throughout the Earth in order to inspire fear, dread, anxiety, terror and uncertainty".
The petition prayed for a summary judgment, a permanent injunction and such other and further relief that the honourable court deemed proper "to serve the ends of justice and equity".
In addition, the defendant "has manifested neither compassion nor remorse" and that the defendant's ongoing terroristic threats are credible "based on the defendant's past conduct and history".
Marlon Polk, Douglas County district court judge, ruled that the plaintiff must be able to serve papers on the defendant for a lawsuit to go ahead and that "given that this court finds that there can never be service effectuated on the named defendant this action will be dismissed with prejudice".
The defendant did not appear to see the need to enter appearance or made any effort to defend the action. It is not clear if any member of the press has approached the defendant for response or statement but none appeared to be offered.
Father Mike McDonald, pastor of the Prince of Peace Church, says "...there's more important things that can be done by members of our legislature than frivolous things like this."
Rev. Wayne K. Sollows, McPhail Memorial Baptist Church, Ottawa said "Might I suggest to Mr. Chambers that, if he wants to assign blame for our fallen state, he should seek a permanent injunction against the real culprit for misery in the world: Satan. Christians understand one thing, that apparently Ernie doesn't-- God is on our side."
^...there's more important things that can be done by members of our legislature than frivolous things like this.
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