Case #93CV 6093 District Court, City & County of Denver, CO
{description: Doreen Bishop, Plaintiff vs. State of CO and Colorado Health
Sciences Chancellor Dr. Vincent Fulginiti, Defendants. Filed November 15,
1993.}
{keywords: medical marijuana, cannibis, hemp, Doreen Bishop, Denver,
Colorado,
legalize, war on drugs, jury nullification, FIJA, cancer, militia, trial,
activist}
{GENERATOR: Microsoft FrontPage 1.1}
District Court, City And County of Denver, Colorado
Case No. 93CV6093
COMPLAINT
Doreen Bishop, Plaintiff
vs.
State of Colorado and Colorado Health Sciences Chancellor Dr. Vincent
Fulginiti,
Defendants
Filed November 15, 1993.
The plaintiff files this complaint and as grounds therefore states:
1. This Court has jurisdiction pursuant to C.R.C.P. Rule 106 which states
hat
"In the following cases relief may be obtained in the district court ...(2)
Where the relief sought is to compel a ...governmental ...officer or person
to perform an act which the law specially enjoins as a duty resulting from
an office, trust, or station...The judgment shall include any damages
sustained;"
2. This Court also has jurisdiction pursuant to C.R.C.P. Rule 57
"District...courts within their respective jurisdictions shall have power
to declare rights...Any person...whose rights, status, or other legal
relations are affected by a statute...may have determined any question of
construction or validity arising under the...statute...and obtain a
declaration of rights, status, or other legal relations thereunder."
3. Venue is proper pursuant to C.R.C.P. Rule 98 (b) "Actions upon the
following claims shall be tried in the county where the claim, or some part
thereof, arose." "(2) Against a public officer or person specially
appointed to execute his duties...for failure to perform any act or duty
which he is by law required to perform."
4. C.R.S. 25-5-904 provides that "There is established at the university
of Colorado health sciences center the dangerous drugs therapeutic research
program. The program shall be administered by the chancellor."
5. C.R.S. 25-5-906 further provides that "The chancellor shall apply to
contract with the federal government for receipt of cannabis...If, within a
reasonable time, the chancellor is unable to obtain cannabis...he shall
conduct an inventory of available sources of analyzed cannabis, including
but not limited to the Colorado Bureau of Investigation...the chancellor
shall cause such analyzed cannabis to be transferred to a certified
state-operated pharmacy for distribution to a certified patient..."
6. Plaintiff is a cancer patient in remission who claims cannabis use has
therapeutic value for pain control and appetite stimulation.
7. Plaintiff desires to legally obtain and use cannabis for its
therapeutic effects.
8. The chancellor is required by law to provide cannabis for therapeutic
use by patients and has refused to do so.
9. Because of the chancellor's inaction, the plaintiff must choose to do
without the therapeutic benefits of cannabis or obtain and posses medicinal
cannabis illegally.
10. Illegal access has caused the plaintiff to suffer the fear, stress and
anxiety that any lawful person would experience if forced to break the law
or suffer physical and mental pain.
WHEREFORE, the plaintiff requests this Court to adjudge the following
relief:
a. That the chancellor make every reasonable attempt to perform his duties
as stated in C.R.S. Title 25 Article 5 Part 9 and report his progress to
the public.
b. That the plaintiff be allowed to apply for legal access to therapeutic
cannabis through the health sciences program.
c. That the chancellor include and accept cannabis provided by patients as
part of his inventory for distribution if it is unavailable from other
sources within a reasonable time.
d. That law enforcement officials be temporarily restrained from
investigating or arresting the plaintiff for cultivation, possession or use
of cannabis for therapeutic purposes until the chancellor enacts a
therapeutic cannabis program.
Doreen B. Bishop
My Medical Fight
Court Case 93 CV6093
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