NORTH CAROLINA GASTON COUNTY

IN THE GENERAL COURT of JUSTICE SUPERIOR COURT DIVISION

Neil Allran, Leslie Dale and #1 in Freedom, LLC Plaintiffs,

Civil Case No. ) ) ) ) ) ) ) ) ) ) ) )

V. Beverly Perdue Defendant,

COMPLAINT JURY TRIAL DEMANDED

The Plaintiffs, for a first cause of action complaining of the defendant allege and say, 1. The plaintiffs are all citizens and residents of North Carolina. They bring this action under NCRCP 23, a class action on behalf of all NC citizens under the group heading of # 1 in Freedom LLC, a NC nonprofit legal entity. 2. The defendant is the Governor of North Carolina but this action is brought against her in her individual capacity as a citizen and resident of NC. 3. That before taking the office of Governor, Beverly Perdue was required by the Constitution of NC to take an oath as follows: Article 3, Executive Sec 4. Oath of office for Governor: The Governor, before entering upon the duties of his office, shall, before any justice of the Supreme Court, take an oath or affirmation that he will support the Constitution and laws of the United States and of the State of North Carolina, and that he will faithfully perform the duties pertaining to the office of governor. 4. The provisions of NCGS Sec 11-7 set forth the following: Every member of the General Assembly and every person elected or appointed to hold any office of trust or profit in the State shall, before taking office or entering upon the execution of the office, shall take and subscribe to the following oath:

"I, _____________, do solemnly and sincerely swear that I will support the Constitution of the United States; that I will be will be faithful and bear true allegiance to the State of North Carolina, and to the constitutional powers and authorities which are or may be established for the government thereof; and that I will endeavor to support, maintain and defend the Constitution of said State, not inconsistent with the Constitution of the United States, to the best of my knowledge and ability; so help me God. 5. That the NC Constitution sets forth the duties of the governor as follows: Article 3- Executive Sec. 5. Duties of Governor: (1) Residence. The Governor shall reside at the seat of government of this State. (2) Information to General Assembly. The Governor shall from time to time give the General Assembly information of the affairs of the State and recommend to their consideration such measures as he shall deem expedient. (4) The Governor shall take care that the laws be faithfully executed. 6. That the defendant, Beverly Perdue, has intentionally, willfully and wantonly violated her oath of office and refused to perform her duties in seeing that the laws be faithfully executed after numerous requests to do so, the last being attached hereto as Exhibit A and incorporated herein as if fully set forth , during the past years, and that she has chosen to do the following: a. Commit perjury in violation of NCGS 14-209 a class F felony, by refusing to maintain and defend the Constitution of NC by allowing the federal government to exceed the power granted to it by the people. The Constitution of the United States gives no power whatsoever to the federal government in the fields of Education, Communications and Health and Religion. By violating her oath of office she also obstructed the administration of justice by making the Constitution of NC unenforceable in the Courts, a class H felony.

b. Allow the federal government to unlawfully have control of the curricula taught in our schools through a federal Department of Education with an annual budget of sixty nine billion dollars with over six thousand employees. c. Allow the federal government through an unlawful Federal Communications Commission to continue to have absolute control over Radio and Television communications. d. Allow the federal government to eliminate the free press by having ownership or control over the major newspapers. Magazines continue to be vested in special interest corporations seeking to destroy the peoples rights protected by the Constitution of the United States. e. Allow the federal government to have complete control in the field of health and condone special interest corporations to make sinful profits in the manufacture and sale of medicines and ownership of hospitals and other facilities for people needing health care. f. Allow the federal government to invade the field of Religion and banning prayer in schools, removing the word God from our pledge of Allegiance and passing legislation allowing abortions.

g. Refuse to take action and use her executive power to order the Legislative branch to repeal NCGS1A-1, Rules of Procedure passed in 1967 giving the judicial branch of our state government authority to make the Constitution of North Carolina unenforceable by dismissing cases seeking to enforce and protect the peoples constitutional rights. She refused to join in an Application for a Redress of Grievances filed by over 500 people to the General Assembly to repeal NCGS 1A.1, Rules of Procedure which gave courts the power to make the Constitution of NC unenforceable. 7. The defendant has failed and refused to honor her duty to uphold Article 6 Education, Section 1of the NC Constitution which provides as follows: Article 6- Education Sec. 1. Duties of Education encouraged: Religion, morality, and knowledge being necessary to good government and the happiness of mankind, schools, libraries, and the means of education shall forever be encouraged. She has condoned all state owned and private law schools use of the Case Book Method which teaches the opinions of the Supreme Court of The United States are the supreme Law of the Land, as are State Supreme Courts where they have jurisdiction. 8. The defendant, members of the Executive, Legislative, Judicial branches of our government and members of law school faculties in NC have ignored the Constitution of the United States which under Article V1 states: This constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United thereby, any thing in the constitution or laws of any state to the contrary notwithstanding. The senators and representatives before-mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this constitution 9. In North Carolina, where only NC law is involved, the Constitution of NC is the supreme law of the state and can only be changed or amended in one of the two methods set out in Article X111, both of which require approval of a majority of the people to become effective. 10. Under the provisions of NCGS 14-2.3 any accrued compensation due the defendant be forfeited to the state by reason of her felonious conduct. For a second cause of action against the defendant plaintiffs allege: 1. The allegations in the first cause of action are repeated herein as if set forth in full. 2. The defendant, in violating her required oath of office, and in failing to protect the peoples right to the education set out in Article IX, section 1 of the Constitution of NC; obstructed the administration of justice and made it impossible for the plaintiffs to be properly informed to restrict the government to the power granted it in the Constitution. 3. The defendant, acting and conspiring together with members of the legislative and judicial

branches of our government, the departments of justice and education and regulatory agencies such as The North Carolina State Bar, have committed crimes hereinbefore set out and have violated the civil and constitutional rights of the plaintiffs and all citizens of North Carolina in that: a. The government of NC no longer represents the people but represents the interest of corporations who, through PACs, make contributions to government leaders greatly in excess of the cost of their election. b. The only beneficiaries of an unenforceable constitution is the NC Government, which acts with no restrictions upon it and special interest corporations, such as utility corporations, insurance corporations, banking corporations and with unlawful monopolies whose rates they charge customers is regulated by the government and corporations with enough political influence to get mandatory services performed for which citizens pay the required fee. c. Citizens and attorneys representing them seeking to restrict the NC Government to the power granted to it are treated as criminals and subjected to fines and imprisonment. 4. There is no legal way a government created by the people, giving it restricted powers to govern, can take any action in making the Constitution unenforceable. 5. The plaintiffs in this action have suffered immeasurable pain, suffering, mental and physical anguish they suffer from and now live in constant fear of what the government might do to them at any time. WHEREFORE, the Plaintiffs pray they be granted relief as follows: 1. That the jury find the defendant violated her oath of office. 2. That the jury find the defendant committed perjury. 3. That the jury find the defendant obstructed the administration of justice. 4. That the plaintiffs recover actual damages from the defendant in an amount exceeding $10,000 for the pain, suffering, mental and physical anguish caused by the defendant, 5. That the plaintiffs recover punitive damages for the willful and wanton acts of the defendant. 5. That the plaintiffs attorney fees be paid by the defendant. 6. That any occurred compensation due the defendant be forfeited to the state. 7. For the cost of this action and such further relief as plaintiffs may be entitled to in law or equity. This 12th day of November, 2012.

____________________ HUGH W JOHNSTON Attorney for the Plaintiffs NC BAR # 2407 Box 550185 Gastonia, NC, 28055 704-813-0681