Case 3

COURT DOCUMENT # 3

The following case was filed in federal court in Wichita, Kansas on July 27, 2006, exactly 41 years after the death of Major Jack G. Farr while serving in Viet Nam.  Every effort was made to try and resolve this matter without filing litigation; however, the defendants refused to offer closure in any manner.  This case includes documented evidences of wrongful death and government spying on average citizens, and supports the opinion that our country has intentionally started its own wars for many years.  Only Attachments (Exhibits) A & B are included, since the rest of the documents are difficult to read on-line.  It is our hope that this case will help put an end to such outrageous government conduct affecting the American people.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

A. COMPLAINT

COMES NOW the plaintiffs, Joan (Farr) Heffington, individually, pro se, and on behalf of Major Jack G. Farr (U.S.A.F. deceased), and files this petition against the defendants as follows:

B.  PARTIES

1. Plaintiff, Joan (Farr) Heffington, individually and on behalf of Major Jack G. Farr (U.S.A.F. deceased), is an individual representing herself pro se with residence located at 7145 Blueberry Lane, Derby, Kansas  67037.  Plaintiff, Joan (Farr) Heffington, is the daughter of Major Jack G. Farr (U.S.A.F. deceased), a United States Air Force pilot killed in action in Viet Nam on July 27, 1965.  Plaintiff, Joan (Farr) Heffington, is hereinafter referred to as  “Joan” or “Mrs. Heffington.” Major Jack G. Farr (U.S.A.F. deceased) is hereinafter referred to as the same or “Major Farr.”

2. Defendant, the United States Government, is a government entity with principle offices located in Washington, D.C.  The United States Government may be served by and through the U.S. Attorney General, Alberto Gonzales, at his principle place of business, the Department of Justice, 10th Street & Constitution Avenue, N.W., Washington, D.C. 20530.  Defendant, the United States Government, is hereinafter referred to as the same, “defendant(s)” or “the government.”

C.  FACTS PERTAINING TO THE PARTIES

5. Plaintiff Joan (Farr) Heffington is a United States citizen and a resident of the state of Kansas.

6. Defendant, the United States Government, consists of a President, his cabinet, Congress and various local, state and national actors and entities engaged in authoritative control and governance of the United States of America.  The U.S. Government is hereinafter referred to as the same or “the government.”

7. President Lyndon B. Johnson was President of the United States in 1965 at the time Major Farr was killed.  Approximately 55,000 Americans died in the war in Viet Nam. President Johnson and his Joint Chiefs of Staff are hereinafter referred to as “LBJ” and “JCS.”

8.  Defendant, President George W. Bush, is the current President of the United States. 

9.  Defendant, the Department of Defense, is an agency under the President that is engaged in defending the United States of America against attacks by foreign countries. 

10.  In 1965, Robert McNamara was the United States Secretary of Defense under LBJ.  Donald Rumsfeld is the current Secretary of Defense under President Bush.

D.  FACTS PERTAINING TO THE CASE

  12. On or about July 27, 1965, Major Jack G. Farr, a United States Air Force pilot, was killed in action while on duty in Viet Nam. 

13. Major Farr and others were sent on a mission by President Lyndon Johnson, the JCS and the Department of Defense to destroy SAM sites they knew did not exist at that time. Their purpose was to escalate the war in Viet Nam which went on to kill 55,000 United States servicemen.
 
14. Major Farr was survived by his wife, Helen, and five small children who were living at McConnell Air Force Base in Wichita, Kansas when he died.

15. Plaintiff Joan (Farr) Heffington is the daughter of Major Farr.  She was ten years old at the time of his death.

16. The family of Major Farr suffered greatly as a result of his death.  His wife, Helen, never remarried, choosing instead to use benefits provided by the defendants to raise her five children.  These were inadequate.

17. Before his death, Major Farr had talked of living on a farm with cows and chickens and owning a small plane that he could give his children rides in.  He had finally received his college degree in 1964 and wanted to become a teacher.

18. Major Farr had always promised Joan’s mother that he would retire from the Air Force after 20 years.  He had served 22 years and had fought in three wars before he died.

19. For 39 years after his death, Joan thought her father loved flying more than he loved his family.  She was resentful and thought he never really wanted to come home for good and be a father.

20. Even so, Joan cried every time she thought of her father for ten years after he died.

21. Joan’s sister, Janice, never married as she felt that no one could measure up to her father, or “Vati” as the family called him (this means “Daddy” in German). 

22. Approximately one year after his death, Helen took her daughters Joan and Janice, to the movie theater at McConnell Air Force Base in Wichita, Kansas.  She was on the way to the airfield, she told them, where President Lyndon Johnson was flying in to shake hands with the wives of P.O.W.s/M.I.A.s.

23. Since their father was killed and had not been a prisoner of war or missing in action, Joan asked her mother why she was going (to shake hands with President Johnson.)  Her mother replied, “I want to meet the man who killed your father.”

24. Helen Farr still grieved for her husband even on her deathbed in May 2000, when she remarked to Joan, “Oh, Vati, how could you leave me like this?”  She died of lung cancer on May 23, 2000.

25. Joan had published a book in September 2003 mentioning her father.  On or about December 15, 2003, she received a telephone call from a friend of his who had known him well for many years.  He asked Joan if she would like some memorabilia he had concerning her father, and she said yes.

26. In late January, 2004, Joan received an envelope in the mail from her father’s friend.  It contained a photograph of Major Farr (ATTACHMENT A) and an article written by columnist Jack Anderson for the “Washington Merry-Go-Round” (ATTACHMENT B).

27. Columnist Jack Anderson passed away in 2005, but was known as “the Last Muckraker.” He helped to unveil the Watergate Scandal in the 1970’s that led to the resignation of President Richard Nixon.

28. The article written by Jack Anderson was shortly after the death of Major Farr, and indicated that a total of six planes were lost on her father’s mission in late July, 1965.  It stated that two planes had collided, and Joan knew that one of these was her father’s.  Her sister, Janice, recalled that Major Farr’s plane had collided with a pilot in his squadron named “Black Bart.”  They had both died as a result.

29. The article further suggested that President Johnson had little reason to send Major Farr and others on a mission to destroy surface-to-air missiles (SAMs) because they apparently did not exist at that time.  The government knew that planes would have to fly in low to strike at their targets, and that they would be subject to intense groundfire by the North Viet Namese.

30.  At the time Joan received the article, she was unsure what it meant, but decided to try and learn more about the circumstances surrounding her father’s death.

31. In early February, 2004, Joan visited the Veteran’s Affairs Office in Wichita and requested any information regarding the death of her father, Major Jack G. Farr.  The Veteran’s Affairs Office told Joan that her request could take up to nine months.

32. In June, 2004, Joan again contacted the V.A. Office to find out how progress was coming on her request.  At that time, she was told that her request had never been processed.

33. Joan wrote to the National Personnel Records Center for information.  In July 2004, she received part of a Casualty Assistance Summary concerning Major Farr’s accident; however, the first two pages were missing (ATTACHMENT C).  They told her that this was all they had.

34. On August 12, 2004, Joan contacted the Air Force Historical Research Agency and told them that her father was in the 357th Tactical Fighter Squadron and the 6234th Wing.  The AFHRA advised her that this wing number was “provisional” - it was fictitious.

35. The AFHRA further advised Joan that the “frag” order sending her father on his last mission would have come from the Joint Chiefs of Staff in Washington and would have had to be signed by LBJ.

36.  Joan continued to research numerous governmental agencies for the “frag” order in question, mission reports and/or any other significant information concerning the death of Major Farr.  Various governmental agencies she contacted denied that these documents were available.

37. In August, 2004, Joan became frustrated, believing that the government was concealing information regarding her father’s death.  On August 25, 2004, she met with an attorney whom her mother had worked for at the McConnell Legal Office, and who had known her for many years.

38. The attorney spent two hours assisting Joan on how to look up information concerning her father’s squadron and wing on the internet.  They could find nothing about the July 27, 1965 mission flown by Major Farr, except that the F-105s he flew had been grounded in August, 1965 (shortly after his death) due to “cracked wing spars.”

39. Since there was nothing on the internet, the attorney told Joan that she would need to find her father’s wingman, or someone who flew with him that day.  This would be like “finding a needle in a haystack,” he told her.

40. That night, Joan searched the internet to try and find relatives of William “Bart” Barthelmas, the man whose plane collided with her father’s in Viet Nam.  Discovering that he was from somewhere in Ohio, she began calling information to give her any phone numbers with the last name of Barthelmas. 

41. An operator in Ohio gave her nine names, and the first one she called was the sister of William Barthelmas.  She told Joan she still suffered over her brother’s death, and gave her the phone number of a pilot on the west coast who had flown with her brother, Bart, and Major Farr the day they died.  

42. On August 26, 2004, Joan called the pilot referred to her by Ms. Barthelmas.  He told her that on July 27, 1965, he took off 10 minutes after her father.  Early on that morning, he said the “frag” order had come in authorizing 46 planes from two different bases to attack SAM sites that the pilots later learned were dummies. The “frag” order came from LBJ and the Joint Chiefs of Staff in Washington.

43. The pilot told her that on this mission, he was the only one to get clear to the targets to see that they were dummies. He yelled “Dummy!” (to warn the other pilots of the danger).  Joan asked him if he felt they were “set up,” and he said, “I think we were.  We just didn’t realize it at the time.”

44.  He told her how Bart’s plane had been shot up, and Major Farr had flown along side him to assist him in landing somehow.  Bart’s plane suddenly pitched up, causing an explosion, and both planes went down.

45. Joan asked the pilot if he recalled their planes being grounded for “cracked wing spars” shortly after this mission in August 1965 (as stated on the internet).  He said no, they couldn’t have been, that they were still flying F-105s into January 1966.  He remembered this, because he said they had to fly out of the area to avoid a typhoon in September, 1965.

46. In learning the truth about her father’s death, Joan became very distraught.  It was clear to her that her father’s mission was intentionally created by President Johnson, the JCS  and the D.O.D. to escalate the war in Viet Nam.  They knew that this incident would generate public anger and give them the support they needed to justify going to war.

47. After a church service in September 2004, Joan cried uncontrollably with church elders who prayed with her.  She continued to have anxiety attacks and other health issues, heart attack symptoms, and was later diagnosed with mitrol valve prolapse.

48. Joan’s sister suffered a breakdown in September 2004, after learning the truth about her father’s death.

49. On September 17, 2004, Joan wrote a letter to Secretary of State Colin Powell to ask for an investigation into the truth concerning her father’s death and a Mandatory Declassification Review, if necessary (ATTACHMENT D).

50. She sent a copy of this letter to her pastor, who seemed not to believe her at first.  When she wrote again to tell him she had talked to a pilot who flew with her father, he had to have emergency quadruple by- pass surgery several days later. 

51. For many months thereafter, Kansas Congressman Todd Tiahrt pretended to assist Joan in finding out information about her father’s death from numerous governmental agencies.  No “frag” orders, mission reports or any other substantial documentation was revealed through his efforts.

52. In early January 2005, Joan contacted the Lyndon Baines Johnson Library in Austin, Texas for a copy of any “frag” order signed by President Johnson just prior to her father’s death, and any other information concerning the President Johnson’s activities in late July 1965.

53. On January 14, 2005, the LBJ Library faxed and mailed formerly Top Secret documents to Joan which included the “frag” order in question, signed by President  Johnson (ATTACHMENT E).  The last mission flown by her father was referred to as “Operation Spring High” by the defendants.

54. The LBJ Library also provided her with notes from a meeting that President Johnson had with his Joint Chiefs of Staff, including Robert McNamara, on July 26, 1965.  These notes had been altered in several places and the font had changed entirely from page 31 to page 32 (ATTACMENT F).

55. The United States government, the Department of Defense, the Department of the Air Force, Secretary of State Powell, Congressman Tiahrt, and others tried to conceal critical documents requested by Mrs. Heffington which pertained to the death of Major Farr.

56. From August 2004 until the present, the defendants tried to conceal these documents through telephone calls, letters, communications, mental processes by members of Congress and other government officials to delay Mrs. Heffington from filing suit in this matter, so that Congress and the American people would not learn the truth and they could not be accused of starting wars intentionally.

57. The defendants wanted to fool the American people into believing that there was good cause for going to war in Viet Nam.  In a phone conversation with the AFHRA, they had also told Mrs. Heffington that there was “absolute proof” that the Korean War was started on purpose by the United States.  She felt that 9/11 must have been concocted by the defendants to start the war in Iraq as well.

58. When Mrs. Heffington told the AFHRA that her ex-husband had worked for the NSA, they told her they were sure her name was on a list (of people being watched by the government). 

59. From approximately April, 2003 until the present, the overt acts of fraud to try and silence Mrs. Heffington and the A.H.A! from speaking the truth in these matters included the issuance of one or more National Security Letter(s) against her and a non-profit organization she had founded called the A.H.A!

60. The NSL authorized domestic spying on her without a warrant or good cause, prevented any publicity about her efforts to seek truth and justice in this matter, and resulted in defamation and public hatred toward her. These actions were approved by Attorney General Phill Kline, as well as Congressman Todd Tiahrt and Senator Pat Roberts (both members of the Intelligence Committee in Washington), and involved surveillance by local, state and national authorities, including the KBI, FBI, NSA, Homeland Security and local police.

61. Mrs. Heffington had sent Congressman Tiahrt a copy of her book after he spoke at her church in February 2004, and shortly thereafter, she read that he was appointed to the Intelligence Committee in Washington. 

62. Mrs. Heffington met Kansas Attorney General Phill Kline at her church in July, 2004 and tried to set up a meeting with him concerning her father’s death and other issues.  He refused to meet with her.

63. Mrs. Heffington then noticed that the defendants spied on her during a flight to Minnesota on December 19, 2004; while she attended a cocktail party at the Presidential Inauguration in Washington on January 20, 2005; at a public forum in Derby, Kansas on April 9, 2005; and during a fundraiser at the Wichita River Festival on May 15, 2005. 

64. Attorney General Kline, Governor Kathleen Sebelius, D.A. Nola Foulston and Congressman Todd Tiahrt were involved in the cover-up of a previous lawsuit filed by Mrs. Heffington in 2001 that went all the way to the United States Supreme Court - who refused to hear her case.  Mrs. Heffington was forced to represent herself because these parties influenced numerous attorneys not to take her case (Case No. 01 C 0771/ 02-88617-A), causing her severe emotional distress and health problems.

65. Upon filing an appeal in the above matter, the above named defendants acted to bring frivolous charges against Mrs. Heffington’s 14-year old son, G. M.  They dragged these out for three years to cause more emotional distress to Mrs. Heffington and her family.

66. From 2002 – 2003, Mrs. Heffington wrote to local, state and national leaders/entities/government Entities and the news media, including President Bush and the FBI, about government corruption and persecution toward her son and herself. They refused to help her acquire justice and/or failed to respond.

67. To try and discourage litigation and improve the legal system, Mrs. Heffington founded the Association for Honest Attorneys in April, 2003. She wrote a book called TEN SECRETS You Must Know Before Hiring a Lawyer published in September, 2003 to create public awareness of fraud in the legal system.

68. In March 2005, Mrs. Heffington filed a lawsuit in federal court over the frivolous charges the defendants had brought against her son, G.M. (Case No. 05-4028SAC). 

69. On June 17, 2005, two different decisions were rendered by two different judges in this case on the same day – one ordered the parties to attempt mediation and the other one ordered the case dismissed.

70. The defendants intervened to cause the error, and eventually the case was ruled dismissed.  Mrs. Heffington appealed to the Tenth Circuit in Denver where a decision is still pending (Case No. 05-3372).

71. None of these matters (including Mrs. Heffington’s lawsuits, the cover-up of the death of her father, the efforts of the Association for Honest Attorneys or reviews of her book) were given any publicity by the news media, even though Mrs. Heffington made hundreds of attempts to acquire it on a local, state and national level.  The defendants feared public outrage and a revolution against them.

72. So that people would know about the grave injustices occurring to average United States citizens, Mrs. Heffington published the first “A.H.A! News & Views” quarterly newsletter in October, 2004.  She mentioned the investigation into Major Farr’s death as their top story.  The A.H.A! newsletter continued to be sent by mail and e-mail to the general public, and to numerous local, state and national leaders.  Her purpose was to seek truth, justice and righteousness in our country’s legal system.

74. Mrs. Heffington wrote to Senator Sam Brownback, Congressman Tiahrt and Senator Roberts on several occasions in 2005, asking that the NSL be removed against her.  Her repeated requests were ignored.

75. Mrs. Heffington mentioned several times in her “A.H.A! News & Views” newsletter concerning the issuance of the NSL against her and others.  Several people told her they were experiencing the same kinds of surveillance and thought they had an NSL against them as well.

76. For two years, the A.H.A! newsletter was sent to local, state and national politicians and members of the news media; however, the defendants were controlling the news media and would not allow A.H.A! stories to be mentioned.  Instead, the defendants tried to convince others that Mrs. Heffington was crazy.

77. In December 2005 and January 2006, a man in Oregon sent her actual interceptions of her e-mails by the Department of Defense (EXHIBIT  G).  He was a former Microsoft engineer who felt he was also under surveillance for fighting city corruption where he lived.

78. Mrs. Heffington faxed copies of these e-mails to Senator Pat Roberts in December, 2005 to try and stop renewal of the Patriot Act.  He disregarded her evidence, which she later faxed to numerous members of the Senate and House Intelligence Committees.

79. In December, 2005, a security flag on the Heffington’s Master Card halted a transfer of funds and resulted in numerous checks to bounce and costly overdraft charges to Mrs. Heffington’s bank account.

80. The defendants’ issuance of an NSL resulted in public rejection, ridicule, defamation, and the eventual demise of Mrs. Heffington’s construction business. It also kept her from being rehired in the aircraft business, even though she had 17 years experience with Boeing and had received a Secret Security Clearance by the government while she worked on Air Force One from 1986-1990.

82. The defendants’ acts caused Mrs. Heffington significant health problems (mainly her colon and heart), the severity of which kept her from being gainfully employed.  In December 2005, she suffered a third volvulus attack.  Mr. Heffington became more distressed when his wife could not perform sexually after her doctor ran a series of tests, and she bled heavily for 51 out of 89 days.

83.  In February 2006, Mrs. Heffington became a member of a fighter pilot internet group.  They revealed to her an accounting of the day Major Farr died by a pilot who had flown with him that day. Although the mission flown on July 27, 1965 was labeled  “Operation Spring High” by the government, it was known to Major Farr and the other pilots involved as “Iron Hand One” (EXHIBIT H).

 84. This accounting confirmed that Major Farr and over 40 other pilots were told by LBJ and the JCS to strike at SAM sites that did not exist, fly toward each other (to cause head-on collisions), fly low and go slow (so they would be shot down by groundfire).  It also revealed that our government had let the North Viet Namese know about this impending attack well ahead of time, proving that the defendants had acted intentionally to cause Major Farr and others deliberate harm and loss of life.

85. Mr. Heffington had become increasingly distressed over Mrs. Heffington’s increasing health problems and her continued and unresolved legal issues.  He had refused to believe her claims that she was being spied on and that our country was starting its own wars, but after reviewing EXHIBIT H on March 21, 2006, he finally realized the truth.

86.  Two days later, Mr. Heffington died suddenly from a massive heart attack at the age of 50.  He had not complained of any pain until that morning.  There was longevity on both sides of his family and no history of heart problems.

 87. Mrs. Heffington and her family grieved over their loss.  History seemed to repeat itself, as her 11- year old son suffered over the sudden loss of his father the same as she had.

88.  As a result of the wrongful death of Major Jack G. Farr and others who have died in Viet Nam, and the subsequent emotional distress caused to his daughter, Joan (Farr) Heffington and her family,  and because of the defendants’ acts and failures to act in association with covering up the wrongful death and circumstances surrounding the death of Major Farr and others in the wars in Viet Nam and Iraq, plaintiffs have suffered damages, including, but not limited to:  intentional emotional distress, detrimental reliance, severe mental anguish and suffering, wrongful death, and tort of outrage caused by the defendant’s intentional acts of malice and willful and wanton disregard for human life in this matter.

89. The defendants violated the plaintiffs’ right to life and liberty under the Civil Rights Act of 1964 and the 4th, 5th & 14th Amendments to the U.S. Constitution for the aforementioned reasons.

90. The defendants violated Mrs. Heffington’s right to privacy under the 4th and 14th Amendments to the U.S. Constitution for the aforementioned reasons.

91. The defendants violated the Foreign Intelligence Surveillance Act of 1978 by authorizing and engaging in domestic spying on Mrs. Heffington without a warrant and without reasonable cause.

92. The defendants went so far as to set up a Non-Profit chamber of service in Wichita as a front to spy on her and her A.H.A! activities.  On May 7, 2006, Mrs. Heffington had lunch with their president who told her she was being “studied” and could be killed at any time (EXHIBIT I).

93. Plaintiffs are justified in their claims involving tort of outrage and outrageous government conduct in this matter.

94. Due to the nature of plaintiffs’ business, Mrs. Heffington has been unable to obtain legal counsel to date and must proceed pro se in this matter.  Defendant the United States Government violated Mrs. Heffington’s rights under the 5th Amendment by preventing her from acquiring legal representation in this matter, just as they had done in two previous cases she filed involving government fraud.  Therefore, the doctrine of special circumstances applies with regard to Mrs. Heffington’s lack of legal representation.

95. Plaintiff has demanded that defendants take action to make plaintiff whole for her losses. Defendants have refused plaintiff’s demands.

         Defendants the United States Government and the Department of Defense (including but not limited to:
President Lyndon Johnson, JCS, Robert McNamara and others) violated numerous national laws, statutes,
ordinances and regulations, including but not limited to:  due process right to life and liberty under the 5th
amendment (as incorporated to the states through the 14th amendment), the Civil Rights Act of 1964 and the
War Crimes Act of 1949.  The overt acts of fraud in this matter which were engaged in by the aforementioned
defendants to develop a plan to escalate the war in Viet Nam that intentionally caused the death of Major Jack
G. Farr and 55,000 others include, but are not limited to:  meetings, telephone calls, communications, mental
processes, and mind control. 

        Defendants the United States Government and the Department of Defense (including but not limited to: 
President George W. Bush, Congressman Todd Tiahrt, Senator Pat Roberts, Governor Kathleen Sebelius,
Kansas Attorney General Phill Kline, Secretary of Defense Donald Rumsfeld, Former Secretary of State Colin
Powell, the Department of the Air Force, and others) violated numerous national laws, statutes, ordinances and
regulations, including but not limited to:  denial of plaintiff’s right to due process of law under the 5th and 14th
Amendments to the U.S. Constitution, the Communications Act of 1934, the 4th Amendment right to privacy
as incorporated to the states through the 14th Amendment, the Foreign Intelligence Surveillance Act of 1978,
and the Electronic Communications Privacy Act (Stored Communications Act). The overt acts of fraud in this
matter which were engaged in by these defendants include, but are not limited to:  meetings, telephone calls,
communications, mental processes, and mind control, as well as unwarranted domestic spying, the invasion of
Mrs. Heffington’s privacy and the issuance of one or more National Security Letters against her and the
Association for Honest Attorneys (A.H.A!).  This case of government oppression warrants claims involving
bad faith, tort of outrage, outrageous government conduct, and manifest injustice, and should be considered in
 terrorem populi.  The defendants acts and failures to act are criminal in nature, and depict “the dagger of an
assassin” in their actions toward plaintiffs.
   
Accordingly, plaintiffs are justified in alleging each of the following claims against the defendants.

F.  CAUSES OF ACTION

1. Civil Conspiracy/Collusion

  96. Plaintiffs incorporate by reference paragraphs 1 through 95 of this Petition.  The conduct of the defendants (the government, LBJ, JCS and others) in meeting together to plan an attack on SAM sites that did not exist in order to escalate the war in Viet Nam constitutes civil conspiracy/collusion.

97. By participating in this meeting, the above named defendants acted with the intent of engaging in an unnecessary attack on North Viet Nam, having full knowledge that such acts were substantially certain to result in injury and detriment Major Farr, other American citizens and their families.

98. The conduct of the defendants (the government, President Bush, D.O.D. and others) in conspiring and communicating to silence Mrs. Heffington’s attempts to seek truth and justice concerning the death of Major Farr constitutes civil conspiracy/collusion.

99. The conduct of all of the defendants constitutes civil conspiracy/collusion.

100. As a result of the defendants’ civil conspiracy/collusion, plaintiffs have been damaged in excess of $75,000.00.

     WHEREFORE, plaintiffs respectfully request judgments of the court against the above named defendants awarding to plaintiffs (i) damages in excess of $75,000.00 for each defendant; (ii) pre- and post-judgment interest; (iii) costs, including reasonable attorney fees, for this action; and (iv) any other relief deemed just and equitable by the court.

 101. Plaintiffs incorporate by reference paragraphs 1 through 100 of this Petition.

102. The defendants (the government, LBJ, JCS, and others) conduct in meeting and issuing an order to attack North Viet Nam without sufficient knowledge that SAM sites existed represents a knowing misrepresentation of the truth and concealment of material facts to induce Major Farr and others to act to their detriment.

103. At all relevant times, the above named defendants participation in the meeting on July 26, 1965 was willful, and with full knowledge that such conduct was substantially certain to result in injury, death and detriment to Major Jack Farr, his family and others.

104. The conduct of the above named defendants to conceal information concerning the truth about Major Farr’s mission and his death represents a knowing misrepresentation of the truth and concealment of material facts to induce Major Farr and others to act to their detriment.

105. At all relevant times, the defendants’ participation in concealment of information  was willful and with full knowledge that such conduct was substantially certain to result in injury, death and detriment to Major Farr and his family.

106. The conduct of the above named defendants constitutes fraud by commission and/or silence.

107. As a result of the above named defendants’ fraud by commission/silence, plaintiffs have been damaged in excess of $75,000.00.

  WHEREFORE, plaintiffs respectfully request judgments of the court against the above named defendants awarding to plaintiffs (i) damages in excess of $75,000.00 for each defendant; (ii) pre-and post-judgment interest; (iii) costs, including reasonable attorney fees, for this action; and (iv) any other relief deemed just and equitable by the court.

2b. Fraud by Commission/Silence

108. Plaintiffs incorporate by reference paragraphs 1 through 107 of this Petition.

109. The defendants (the government, President Bush, D.O.D. and others) conduct through various communications and issuance of a National Security Letter (NSL) against Mrs. Heffington and the A.H.A!, without probable cause and without a search warrant, represents a knowing misrepresentation of the truth and concealment of material facts to induce Mrs. Heffington and others to act to their detriment.

110. At all relevant times, the above named defendants’ participation in the concealment of information and the issuance of an NSL against Mrs. Heffington was willful and with full knowledge that such conduct was substantially certain to result in injury and detriment to Mrs. Heffington and her family.

111. The conduct of the above named defendants constitutes fraud by commission and/or silence.

112. As a result of the above named defendants’ fraud by commission/silence, plaintiff has been damaged  in excess of $75,000.00.

  WHEREFORE, plaintiffs respectfully request judgments of the court against the above named defendants awarding to plaintiffs (i) damages in excess of $75,000.00 for each defendant; (ii) pre-and post-judgment interest; (iii) costs, including reasonable attorney fees, for this action; and (iv) any other relief deemed just and equitable by the court.

 
3.  Intentional Fraud

 113. Plaintiffs incorporate by reference paragraphs 1 through 112 of this Petition.

 114. At all relevant times, the defendants recognized that their fraudulent overt acts (including, but not limited to, telephone calls, communications, meetings and “mental processes”) concerning these matters would result in mental anguish and severe detriment to the plaintiffs and their families. 

115. The defendants’ conduct was to inflict emotional distress by abusing their power.

116. The conduct of all defendants constitutes intentional fraud.

117. As a result of all of the defendants’ intentional fraud, plaintiffs have been damaged in excess of $75,000.00.

     WHEREFORE, plaintiffs respectfully request judgments of the court against all defendants awarding to plaintiffs (i) damages in excess of $75,000.00 for each defendant; (ii) pre- and post-judgment interest; (iii) costs, including reasonable attorney’s fees, for this action; and (iv) any other relief deemed just and equitable by the court.

4a.  Misrepresentation and Concealment

118. Plaintiffs incorporate by reference paragraphs 1 through 117 of this Petition.

119. The defendants’ (the government, LBJ, JCS, DOD) participation in the plan to attack North Viet Nam on July 27, 1965 constitutes a knowing misrepresentation of the truth and concealment of material facts to induce Major Farr and others to act to their detriment.
 
120. At all relevant times, Major Farr and the other F-105 pilots were without knowledge or means of knowing the related aspects of whether SAM sites really existed at that time, but were trusting and relying on their superior officers’ knowledge to keep them out of harm’s way.

121. At all relevant times, Major Farr and the other F-105 pilots believed and relied that their superiors were acting in good faith, believing that they were being told the truth as to the existence of SAM sites that needed to be destroyed.

122. At all relevant times, Major Farr and the other F-105 pilots were unaware of the above named defendants’ participation in the plan of attack as they acted with willful rendering of imperfect performance in their respective positions.

123. The above named defendants participation in the unnecessary plan to attack North Viet Nam was with the intent and full knowledge that their conduct was substantially certain to result in injury, death and detriment to Major Farr and other F-105 pilots.

124. By participating in the unnecessary plan to attack North Viet Nam, the conduct of the above named defendants constitutes conspiracy to cause harm to Major Farr and other F-105 pilots.

125. Major Farr and other F-105 pilots were denied their 5th Amendment due process right to life and liberty under the 14th amendment to the United States Constitution.

126. As a result of the defendants’ conspiratorial acts, plaintiff has been damaged in excess of $75,000.00.

     WHEREFORE, plaintiffs respectfully request judgments of the court against the above named defendants awarding to plaintiffs (i) damages in excess of $75,000.00; (ii) pre- and post-judgment interest; (iii) costs, including reasonable attorney’s fees, for this action; and (iv) any other relief deemed just and equitable by the court.

4b.  Misrepresentation and Concealment

127. Plaintiffs incorporate by reference paragraphs 1 through 126 of this Petition.

128. The defendants’ (the government, President Bush, D.O.D., Congressman Tiahrt and others) participation in a plan to conduct illegal and unwarranted surveillance of Mrs. Heffington and issue an NSL against her constitutes a knowing misrepresentation of the truth and concealment of material facts to induce plaintiff to act to her detriment.
 
129. At all relevant times, Mrs. Heffington was without knowledge or means of knowing the related aspects of being under surveillance, but relying on the above named defendant’s trust that her right to privacy was not being violated.

 130. At all relevant times, Mrs. Heffington believed and relied on the above named defendants that they were acting in good faith, believing they were helping her find the truth in regard to her father’s death.

131. At all relevant times, Mrs. Heffington was unaware of the above named defendants’ participation in a plan to conceal the truth in regard to Major Farr’s death, to silence publicity and to cause her defamation as they acted with willful rendering of imperfect performance in their respective positions.

132. The above named defendants participation in a plan to conceal the truth about Major Farr’s death and issue an NSL against Mrs. Heffington was with the intent and full knowledge that their conduct was substantially certain to result in injury, defamation and detriment to Mrs. Heffington and her family.

133. By participating in the above plan, the conduct of the above named defendants constitutes conspiracy to cause emotional distress and an invasion of privacy to Mrs. Heffington and her family.

134. The above named defendants violated Mrs. Heffington’s right to privacy under the 4th (and 14th) Amendments to the United States Constitution.

135.  As a result of the above named defendants’ conspiratorial acts, plaintiff has been damaged in excess of  $75,000.00.

     WHEREFORE, plaintiffs respectfully request judgments of the court against the above named defendants awarding to plaintiffs (i) damages in excess of $75,000.00; (ii) pre- and post-judgment interest; (iii) costs, including reasonable attorney’s fees, for this action; and (iv) any other relief deemed just and equitable by the court.
 
5a. Detrimental Reliance

 136. Plaintiffs incorporate by reference paragraphs 1 through 135 of this Petition.

 137. In responding to the requests of the government entities in this matter, plaintiffs relied upon representations that they and their loved ones would not be intentionally put in harm’s way.

138. Plaintiffs relied in good faith upon representations of the defendants that entering the war in Viet Nam was valid, supported and necessary to protect the freedom of the United States of America.

139. Plaintiffs were justified in their reliance.

 140. Plaintiffs relied to their detriment, and as a result, suffered damages in excess of $75,000.00.

    WHEREFORE, plaintiffs respectfully request judgments of the court against the above named defendants awarding to plaintiffs (i) damages in excess of $75,000.00; (ii) pre- and post-judgment interest; (iii) costs, including reasonable attorney’s fees, for this action; and (iv) any other relief deemed just and equitable by the court.

5b. Detrimental Reliance

141. Plaintiffs incorporate by reference paragraphs 1 through 140 of this Petition.

142. In responding to the requests of the government entities in this matter, Mrs. Heffington relied upon representations that her rights and her privacy would not be intentionally violated.

143. Mrs. Heffington relied in good faith upon representations of the defendants (the government, President Bush, D.O.D., Congressman Tiahrt and others) that as respected government leaders, they were helping her seek the truth about her father’s death, and not invading her privacy or causing her defamation and emotional distress.

144. Mrs. Heffington was justified in her reliance.

145. Mrs. Heffington relied to her detriment, and as a result, suffered damages in excess of $75,000.00.

     WHEREFORE, plaintiffs respectfully request judgments of the court against the above named defendants awarding to plaintiffs (i) damages in excess of $75,000.00; (ii) pre- and post-judgment interest; (iii) costs, including reasonable attorney’s fees, for this action; and (iv) any other relief deemed just and equitable by the court.

6.  Wrongful Death

146. Plaintiffs incorporate by reference paragraphs 1 through 145 of this Petition.

147. The defendants (the government, LBJ, JCS, DOD and others) participated in a plan to send Major Jack G. Farr and others on a mission to destroy SAM sites, knowing full well that these sites probably did not exist at the time.  They did this with willful and wanton disregard for human life.

148. The above named defendants acted to cover up the truth and conceal material facts involving the circumstances surrounding the death of Major Farr and others involved in the mission on July 27,1965.

149. At all relevant times, the above named defendants participation in this plan was willful and wanton, and with full knowledge that such conduct was substantially certain to result in injury and death to Major Farr and other members of the United States military.

150. At all relevant times, the above named defendants participation in this plan was willful and wanton, and with full knowledge that such conduct was substantially certain to result in emotional distress and detriment to Joan (Farr) Heffington, family members of Major Farr and others killed in this matter.

151. The conduct of the above named defendants constitutes wrongful death.

152. As a result of Major Farr’s wrongful death, plaintiff has suffered damages in excess of $75,000.00.

     WHEREFORE, plaintiffs respectfully request judgments of the court against the above named defendants awarding to plaintiffs (i) damages in excess of $75,000.00 for each defendant; (ii) pre-and post-judgment interest; (iii) costs, including reasonable attorney fees, for this action; and (iv) any other relief deemed just and equitable by the court.

7. Violations of Plaintiffs’ 5th Amendment Rights
(as incorporated to the States through the 14th Amendment)

153. Plaintiffs incorporate by reference paragraphs 1 through 152 of this Petition.

154. The conduct of the defendants (the government, LBJ, JCS, DOD and others)  in depriving Major Farr of life and liberty without due process of law, constitutes a violation of Major Farr’s rights under the 5th Amendment to the United States Constitution,as incorporated to the States through the 14th Amendment.

155. The above named defendants owed Major Farr a duty under the 5th and 14th Amendments not to violate his rights under the United States Constitution as citizens of the United States.

156. The above named defendants breached the duty owed Major Farr and caused his needless death.

157. As a result of the above named defendants’ conduct in depriving Major Farr of life and liberty without due process of law, plaintiff has suffered harm in excess of $75,000.00.

     WHEREFORE, plaintiffs respectfully request judgments of the court against all of the defendants awarding to plaintiffs (i) damages in excess of $75,000.00 for each defendant; (ii) pre- and post-judgment interest; (iv) costs, including reasonable attorney fees for this action; and (v) any other relief deemed just and equitable by the court.

158. Plaintiffs incorporate by reference paragraphs 1 through 157 of this Petition.

159.  The conduct of the defendants (the government, LBJ, JCS, DOD and others - in particular President Lyndon Johnson as Commander-in-Chief of the United States Armed Forces), to deliberately devise and authorize an unjustified, erroneous and fraudulent attack on North Viet Nam in order to escalate the war without good cause and thereby deprive Major Farr of his life without due process of law, constitutes a violation of the War Crimes Act of 1949.

160. The above named defendants owed Major Farr a duty not to violate his rights as a member of the Armed Forces of the United States under the War Crimes Act and under the United States Constitution as a citizen of the United States.

161. The above named defendants acted with willful and wanton disregard for human life.

162. The defendants breached the duty owed Major Farr and caused his needless death.

163. As a result of the defendants’ conduct in depriving Major Farr of his life without due process of

law, plaintiff has suffered harm in excess of $75,000.00.

     WHEREFORE, plaintiffs respectfully request judgments of the court against all of the defendants awarding to plaintiffs (i) damages in excess of $75,000.00 for each defendant; (ii) pre- and post-judgment interest; (iv) costs, including reasonable attorney fees for this action; and (v) any other relief deemed just and equitable by the court. 

9. Violations of Plaintiff’s 4th Amendment Right to Privacy

164. Plaintiffs incorporate by reference paragraphs 1 through 163 of this Petition.

165. The conduct of the defendants (the government, President Bush, D.O.D., Congressman Tiahrt, and others) to engage in unwarranted domestic and internet surveillance and issue a National Security Letter against Mrs. Heffington and her non-profit organization, the Association for Honest Attorneys, violated her right to privacy under the 4th Amendment to the United States Constitution, as incorporated to the States through the 14th Amendment.

166. The conduct of the above named defendants to engage in unwarranted domestic and internet surveillance and issue an National Security Letter against Mrs. Heffington and her non-profit organization, the Association for Honest Attorneys, violated the Communications Act of 1934 and the Electronic Communication Privacy Act (Stored Communications Act).

167. The above named defendants owed Mrs. Heffington a duty not to violate her right to privacy under the aforementioned laws.

168. The above named defendants breached the duty owed Mrs. Heffington.

169.As a result of the defendants’ conduct in violating Mrs. Heffington’s privacy, plaintiff has suffered harm in excess of $75,000.00.

     WHEREFORE, plaintiffs respectfully request judgments of the court against the above named defendants awarding to plaintiffs (i) damages in excess of $75,000.00 for each defendant; (ii) pre- and post-judgment interest; (iv) costs, including reasonable attorney fees for this action; and (v) any other relief deemed just and equitable by the court.

10. Violation of Foreign Intelligence Surveillance Act of 1978

170. Plaintiffs incorporate by reference paragraphs 1 through 169 of this Petition.

171. The conduct of the defendants (the government, President Bush, Vice President Cheney, Senator Pat Roberts, Congressman Tiahrt, U.S. Attorney General Alberto Gonzales, Kansas Attorney General Phill Kline, the KBI, FBI, CIA, NSA, and others to issue a National Security Letter and conduct unwarranted domestic, physical and electronic surveillance of Mrs. Heffington and the Association for Honest Attorneys (A.H.A!)  constitutes a violation of the Foreign Intelligence Surveillance Act of 1978.

172. Under an unwarranted National Security Letter, the above named defendants conducted willful and intentional domestic surveillance of Mrs. Heffington, without good cause and without a warrant. 

173. The above named defendants conduct was an invasion of Mrs. Heffington’s privacy.

174. The above named defendants owed Mrs. Heffington and the A.H.A! a duty not to conduct unwarranted surveillance of them or to invade their privacy.

175. The above named defendants breached their duty owed Mrs. Heffington and the A.H.A! in this matter. As a result of the defendants’ unwarranted surveillance and invasion of her privacy, plaintiff suffered harm in excess of $75,000.00.

     WHEREFORE, plaintiffs respectfully request judgments of the court against all of the defendants awarding to plaintiffs (i) damages in excess of $75,000.00 for each defendant; (ii) pre- and post-judgment interest; (iv) costs, including reasonable attorney fees for this action; (v) injunctive relief enjoining the above named defendants from continuing the invasion of plaintiff’s privacy; and (vi) any other relief deemed just and equitable by the court.

11a.  Intentional Emotional Distress

177. Plaintiffs incorporate by reference paragraphs 1 through 176 of this Petition.

178. The defendants’ (the government, LBJ, JCS, DOD and others) conduct in participating in the wrongful death of Major Jack G. Farr and their attempt to cover it up led to plaintiffs’ emotional distress andwas extreme and outrageous.

179. At all relevant times, the above named defendants’ participation in planning Major Farr’s wrongful death and its cover up was intentional, and with full knowledge that their conduct was substantially certain to result in severe emotional distress and bodily harm to plaintiffs, their family and others.

180.Due to the above named defendants’ acts and failures to act, plaintiffs suffered greatly.  

181.Mrs. Heffington suffered severe emotional distress and bodily harm as a result of the above nameddefendants’ acts, including, but not limited to:  depression, anxiety attacks, headaches, colon trouble, neckand back pain, neurodermatitis, heart trouble, paranoia and osteoarthritis.  Knowledge of the defendants’ conspiratorial acts contributed to her sister’s breakdown, her pastor’s heart ailment, and her husband’s death.

182.By participating in this conspiracy, the above named defendants’ conduct was in bad faith, and violated the duties of good faith and fair dealing toward the plaintiffs in this matter.

183. The conduct of the above named defendants to cause plaintiffs to act to their detriment constitutes intentional infliction of emotional distress. 

184. As a result of the intentional infliction of emotional distress by the above named defendants,plaintiffs and their family have been damaged in excess of $75,000.00. 

     WHEREFORE, plaintiffs respectfully request judgments of the court against all of the defendants regarding to plaintiffs (i) damages in excess of $75,000.00 for each defendant; (ii) pre- and post-judgment interest; (iii) costs, including reasonable attorney fees, for this action; (iv) injunctive relief enjoining all defendants from continuing the intentional infliction of emotional distress; and (v) any other relief deemed just and equitable by the court.  

11b.  Intentional Emotional Distress 

185. Plaintiffs incorporate by reference paragraphs 1 through 184 of this Petition.

186. The defendants (the government, President Bush, D.O.D., Congressman Tiahrt and others) conduct in participating in the unwarranted and illegal domestic surveillance and issuance of an NSL against Mrs. Heffington led to her emotional distress and was extreme and outrageous.

187. At all relevant times, the above named defendants’ participation in issuing an NSL and conductingsurveillance and invading Mrs. Heffington’s right to privacy was intentional,and with full knowledge that their conduct was substantially certain to result in severe emotional distress and bodily harm to her and her family.

188. Due to the above named defendants’ acts and failures to act, Mrs. Heffington suffered emotional distress and bodily harm including, but not limited to:  depression, anxiety attacks, colon and heart trouble, neck pain and osteoarthritis.  She suffered defamation, ridicule, could not get rehired in the aircraft business and was rejected by area churches.  Her ongoing health problems contributed to her husband’s death.

189. By participating in this conspiracy, the above named defendants’ conduct was in bad faith, andviolated the duties of good faith and fair dealing toward the plaintiff in this matter.

190. The conduct of the above named defendants to cause Mrs. Heffington to act to her detriment constitutes intentional infliction of emotional distress. 

191. As a result of the intentional infliction of emotional distress by all defendants, plaintiff and her family have been damaged in excess of $75,000.00. 

    WHEREFORE, plaintiffs respectfully request judgments of the court against all of the defendants regarding to plaintiffs (i) damages in excess of $75,000.00 for each defendant; (ii) pre- and post-judgment interest; (iii) costs, including reasonable attorney fees, for this action; (iv) injunctive relief enjoining all defendants from continuing the intentional infliction of emotional distress; and (v) any other relief deemed just and equitable by the court.  

12. Outrageous Government Conduct
Causing Severe Emotional Distress (Tort of Outrage)

192. Plaintiffs incorporate by reference paragraphs 1 through 191 of this Petition. 

193. The defendants (the government, LBJ, JCS, DOD and others) conduct in participating in an unwarranted plan to attack North Viet Namto defraud Major Jack Farr and others, all of the defendants’ attempts to cover up the circumstances surrounding his death, and the defendants (the government, PresidentBush, D.O.D., Congressman Tiahrt and others) invasion of Mrs. Heffington’s privacy through illegal domestic surveillance was extreme and outrageous.

194. The defendants (the government, President Bush, D.O.D., Congressman Tiahrt and others) conduct in participating in a plan to silence the truth about the death of Major Farr and any publicity regarding Mrs. Heffington’s efforts, issuing an unwarranted NSL against her, monitoring her e-mails and phone calls, and creating a Non-Profit Chamber of Service to keep her under surveillance was extreme and outrageous.

195. At all relevant times, the defendants’ participation in the above described plans was intentionaland with full knowledge that their conduct was substantially certain to result in severe emotional distress and bodily harm to plaintiffs and their families.

196. Due to the defendants’ acts, Major Farr and others perished and plaintiffs suffered extremeemotional distress and mental anguish. 

197. By participating in the unnecessary plan to attack North Viet Nam and the unwarranted plan to surveil Mrs. Heffington, the aforementioned defendants’ conduct was in bad faith, and violated the duties of good faith and fair dealing toward the plaintiffs in this matter.

198. The conduct of all defendants was so outrageous in character, and so extreme in degree, as togo beyond all bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized society.Reciting the facts in this matter to an average person causes resentment toward all defendants, and leads them to exclaim: “Outrageous!”

199.  The outrageous conduct of the defendants to cause plaintiffs to act to their detriment constitutes intentional infliction of emotional distress.

200. As a result of the outrageous conduct by all defendants, plaintiffs and their families have been damaged in excess of $75,000.00. 

     WHEREFORE, plaintiffs respectfully request judgments of the court against all of the defendants awarding to plaintiffs (i) damages in excess of $75,000.00 for each defendant; (ii) pre- and post-judgment interest; (iii) costs, including reasonable attorney fees, for this action; (iv) injunctive relief enjoining all defendants from continuing the intentional infliction of emotional distress; and (v) any other relief deemed justand equitable by the court.

 Respectfully submitted,

  JOAN (FARR) HEFFINGTON
  7145 Blueberry Lane
 Derby, Kansas  67037
  Phone:  (316) 788-0901

  By________________________________
Joan (Farr) Heffington, Individually, pro se
and On Behalf of Major Jack G. Farr (U.S.A.F. deceased)

DESIGNATION OF TRIAL

Plaintiff designates Topeka, Kansas as the location for the trial in this matter.

Respectfully submitted,

JOAN (FARR) HEFFINGTON
7145 Blueberry Lane
Derby, Kansas  67037
Phone:  (316) 788-0901

By________________________________
Joan (Farr) Heffington, Individually, pro se
and On Behalf of Major Jack G. Farr (U.S.A.F. deceased)

DEMAND FOR JURY TRIAL

Plaintiff respectfully requests that the issues in this matter be heard by a jury.

Respectfully submitted,

JOAN (FARR) HEFFINGTON
7145 Blueberry Lane
Derby, Kansas  67037
Phone:  (316) 788-0901

By:________________________________
 Joan (Farr) Heffington, Individually, pro se
and On Behalf of Major Jack G. Farr (U.S.A.F. deceased)

Exhibit A | Exhibit B