Fedc1

NDABA
Washington DC 20001
Plaintiff

   V.        Case No. 09-0117 (RMU)

George W. Bush
1600 Pennsylvania Ave NW
Washington, DC 20500
(202) 456-1414

Michael O. Leavitt
Department of Health and Human
Services
200 Independence Avenue, S.W.
Room 728E
Washington, DC 20201
(202) 690-7000

Kerry Weems
Acting Administrator,
Centers for Medicare and Medicaid
Services
Department of Health and Human
Services
Room 445-G
Hubert H. Humphrey Building
200 Independence Avenue, S.W.
Washington, D.C. 20201
202- 690-6726

Dr. Andrew C. Von Eschenbach
Commissioner
U.S. Food and Drug Administration
5600 Fishers Lane, Rockville MD.
20857
1-888-463-6332

Julie Louis Gerberding, MD
Director of the Center for Disease
Control and Prevention
1600 Clifton Rd, Atlanta, GA 30333,
U.S.A.
1-800-232-4636

Carolyn M. Clancy
MD Director
Agency of Healthcare Research and
Quality
540 Gaither Road Rockville. MD 20850
(301) 427-1364

Elias A. Zerhouni, MD
National Institutes of Health (NIH)
9000Rockville Pike
Bethesda, Maryland 20892
1(301) 594-1715

Dale L. Morse, MD, MS
Assistant Commissioner, Office of
Science
New York State Department of Health
Albany, New York
404-639-3311

Larry K. Pickering, MD
Executive Secretary
Senior Advisor to the Director
National Center for Immunization &
Respiratory Diseases
Centers for Disease Control &
Prevention
1600 Clifton Road, NE,
Mailstop E-05
Atlanta, Georgia 30333
404-639-3311                           ,

Defendants et al

COMPLAINT
The plaintiff alleges as its complaint as follows:
1. The plaintiff brings suit against the defendants alleging violations of
the due process clause and equal protection of the Fourteenth
Amendment to the United States Constitution and 42 U.S.C. §1983.
2. This court has federal question jurisdiction pursuant to 28 U.S.C. §
1331.
3. Venue is appropriate in the District Court for the District of Columbia of
Washington pursuant to 28 U.S.C. §1391(e).

4. The plaintiff, NDABA, is a citizen of Washington District of Columbia
whose principal resident is in the District of Columbia.
5. Ndaba is a United States citizen, who is opposed to U.S. government
supporting, providing, endorsing and using the experimental HPV vaccine
in Washington DC public school system on female children’s on the
grounds that the children were deprived of their right to life and not
afforded the procedural due process of law and equal protection of law of
the Fourteenth Amendment and, therefore deprived of their U.S.
Constitutional rights.
6. Ndaba's purpose is to protect life, which is a fundamental right under
the 14th Amendment, Section 1 of the U.S. Constitution, and any
abridgment of those rights must pass strict scrutiny of due process of law
and the equal protection of the law by representing and to advocating on
behalf of his opposition to federal support of HPV vaccine shots in District
of Columbia public school system in Washington.
7. The plaintiff is opposed to the use of congressional taxpayer
appropriations to advance and promote deprivation of life without due
process of law and equal protection of the laws.
8. The defendant, George W. Bush, is the President of the United States
of America, a duly created office of the Government of the United States.
9. The defendant Bush is sued in his official capacity as the President of
the United States.
10. The defendant Bush is Chief Executive of his administration and
exercises exclusive federal executive powers over the District of
Columbia, Washington, pursuant to 31 U.S.C. §1513(b)(1) by virtue of
article 1, section 7 in the United States Constitution.
11. According to the U.S. Constitution article 1, Section 7 a bill may
become law in Washington, The District of Columbia, without the
President’s signature if the President does not return a bill with objections
within 10 days (excluding Sundays) after it has been presented to the
President it becomes law as if the President had signed it.
12. The defendant Bush is Chief Executive of his administration and he is
responsible for appointing department secretaries, advancing, approving
and constructing department policies and the budget of the departments
in his administration and executive oversight in the disbursement of
congressional tax appropriations made to the District of Columbia and
The Department of Health and Human Services, including funds
disbursed to the Centers for Medicare and Medicaid Services; food and
drug administration; Center for Disease Control and Prevention; National
Institutes of Health; Agency for Healthcare Research and Quality;
Advisory Committee on Immunization Practices.
13. The defendant, Michael O. Leavitt, is the Secretary of the Department
of Health and Human Services, a duly created office of the Government
of the United States.
14. The defendant Leavitt is sued in his official capacity as the Secretary
of the Department of Health and Human Services.
15. The defendant Leavitt oversees and is responsible for the
disbursement of congressional tax appropriations made to the
Department of Health and Human Services, including funds disbursed to
the Centers for Medicare and Medicaid Services; food and drug
administration; Center for Disease Control and Prevention; National
Institutes of Health; Agency for Healthcare Research and Quality;
Advisory Committee on Immunization Practices.
16. Annual congressional appropriations to the DHHS represents almost
a quarter of all federal outlays and it administer more grant dollars than
all other federal agencies combined. DHHS’s Medicare program is the
nation’s largest health insurer, handling more than 1 billion claims per
year. Medicare and Medicaid together provide health care insurance for
one in four Americans. DHHS annual budget 2008 is 707.7 billion and
employs around 64,750 employees.

17. The defendant, Kerry Weems, is the Acting Secretary Administration for Centers for Medicare and Medicaid
Services, Department of Health and Human Services.
18. The defendant Weems is sued in his official capacity as Acting Secretary Administration for Centers for
Medicare and Medicaid Services in the Department of Health and Human Services.
19. The defendant Weems is the Chief Executive Officer of the Administration for Centers for Medicare and
Medicaid Services.
20. The Administration for Centers for Medicare and Medicaid Services is the nation's largest integrated health
system and it has an annual medical care budget of approximately $650 billion and serving approximately 90
million beneficiaries, the Centers for Medicare & Medicaid Services (CMS) plays a key role in the overall direction
of the health care system to ensure effective, up-to-date health care coverage and to promote quality care for
beneficiaries.
21. The defendant Weems oversees and is responsible for the disbursement of congressional tax appropriations
made to the Centers for Medicare and Medicaid Services, including funds used for the integration of hpv services
into the provision of health care services.
22. The defendant, C. Andrew Von Eschenbach, is the Acting commissioner of the Food and Drug Administration,
within the Department of Health and Human Services.
23. The defendant Eschenbach is sued in his official capacity as the Acting commissioner of the Food and Drug
Administration within the Department of Health and Human Services.
24. The defendant Eschenbach oversees and is responsible for the disbursement and use of congressional tax
appropriations made to the Food and Drug Administration.
25. The defendant, Julie Louis Gerberding, is the Director of the Center for Disease Control and Prevention, within
the Department of Health and Human Services.
26. The defendant Gerberding is sued in her official capacity as the Director of the Center for Disease Control and
Prevention, within the Department of Health and Human Services.
27. The defendant Gerberding is responsible for supervising the Center for Disease Control and Prevention staff
and managing its operational budget.
28. The defendant, Elias A. Zerhouni is the Director of the National Institutes of Health, within the Department of
Health and Human Services.
29. The defendant, Zerhouni is sued in his official capacity as the Director of the National Institutes of Health,
within the Department of Health and Human Services.
30. The defendant Zerhouni oversees and is responsible for the supervising and use of congressional tax
appropriations made to the National Institutes of Health.
31. The defendant, Carolyn Clancy, is the Director of the Healthcare Research and Quality, within the Department
of Health and Human Services.
32. The defendant, Clancy, is sued in her capacity as the Director of the Healthcare Research and Quality, within
the Department of Health and Human Services.

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