FREEDOM

Campaign Created by: 4 families

The funds from this campaign will be received by Natalie Forbing.

Goal : USD $10,000
Raised : USD $ 21,800

Parents of 4 Indiana families have filed suit in Allen Superior Court against the Governor, Indiana Department of Health, Allen County Board of Health, state and local health officers and our local school corporation. We filed this lawsuit on behalf of our children, K-12 students across the State and in the name of Freedom for all individuals. Taking legal action is the last thing any of us wanted to do. We have done this after all other avenues of reprieve have been exhausted. We stand in front of our children as their protectors and demand that their Freedoms and Constitutional Rights are trampled on no more. 


We oppose mandates that include: forced masking, forced healthy quarantines, forced testing, coerced vaccination, and forced contract tracing in our schools. We recently survived Motions to Dismiss filed by County Defendants and School Defendants. The Judge has ruled that our case can proceed before the court to be heard. We have also responded to a similar motion filed by the State Defendants that will be argued at a hearing in late January.


Healthy children and staff are being quarantined. They are removed from school because they were allegedly near a person who may have been sick. People who are not sick, show no symptoms, have done nothing wrong, and committed no crime are identified and placed on a "list." These healthy people are then separated from their peers, removed from school, and suspended from in-person learning, sports teams, and extracurricular activities. This violates state law and their constitutional rights, bestowed upon them by Almighty God.


Separate rules are enforced depending on the person's "vaccinated" status. Children, teachers, and faculty are subjected to mandatory testing, forced masking, or coerced vaccines to remain a free citizen and return to school. We believe this is illegal, immoral, and unconstitutional. We must defend our children, our teachers, and our schools. This lawsuit is a Fight 4 Freedom! 


We cannot guarantee how the case will end or how far it will go. We do know that we cannot do this alone. We are four families taking on giants in a lawsuit that appears to be unlike any other in the entire State. The outcome of this case can affect students, teachers, and faculty throughout the State of Indiana. You can follow the case under Cause Number 02D09-2109-PL-000366.


Please see update # 17 for a summary of our claims.




UPDATES

It's been quite...
May 2, 2022
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Stay with us; UPDATE COMING SOON!!!!

Update #17: Claims include-
January 21, 2022
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  • Violation of the Emergency Disaster Management Law (I.C 10-14-3-1)
  • Violation of the Distribution of Powers Clause ( Indiana Constitution Article 1 sec. 3)
  • Violation of Religious Exemption Statute ( I.C. 20-34 - 3-2 )
  • Violation of Religious Freedoms and Restoration Act
  • Violation of Indiana Quarantine Laws ( I.C. 16-41-9-1.5)
  • Violations of Due Course of Law through Mandatory Quarantines and Contact tracing
  • Illegal Search and Seizure through masking, contact tracing, testing and quarantines ( IN Const. A1. Sec.11)

Just in!!
January 13, 2022
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Yesterday, the Allen Superior Court entered an order allowing our clients’ case to proceed against the Allen County Department of Health, the local health commissioner, and Northwest Allen County Schools.

From the beginning, our clients have challenged the restrictions imposed on K-12 students, including contact tracing and quarantines of healthy kids. Countless students are being excluded from school based on unlawful mandates from state and local officials. We continue to believe that limitations on a student’s constitutional right to attend school must be grounded on duly enacted laws, not executive decrees.

A perpetual state of emergency does not trump Indiana law or the Indiana Constitution. Our clients look forward to vindicating their rights in Court.

 

Recap and next pg 6
January 13, 2022
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Next Steps

 We anticipate a ruling on the School and County Defendants’ motions to dismiss in January. The Court will endeavor to rule by the upcoming status conference on January 7. However, given the number of claims, hundreds of pages of briefing, and intervening holidays, it may understandably take additional time. The Court could also wait to rule until the parties have fully briefed the State Defendants’ motion. Following the Court’s ruling(s), the parties would engage in discovery (written requests for information, document requests, and depositions) in advance of the March 31 hearing on Plaintiffs’ motion for summary judgment. It is also possible that, depending on the Court’s ruling and subsequent developments, Plaintiffs could amend their Complaint as appropriate.

recap pg 5
January 13, 2022
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 Dec. 22, 2021 –

 Hearing on Motions to Dismiss The Court held a two-hour hearing on the School and County Defendants’ motions to dismiss. The School Defendants were represented by three attorneys. The County Defendants also appeared by their attorney. (An attorney from Attorney General Rokita’s office was also present to observe for the State Defendants, although their motion will be heard later.) The School and County Defendants presented arguments, and the attorney for Plaintiffs responded to the same. The Court has taken the matter under advisement, which means the Judge will consider the matter further before issuing a written opinion. One news outlet reported that the Court “delayed” the decision.2 However, our courts do not typically rule from the bench, particularly complex matters in which the Court may issue a detailed opinion.

1 See https://www.wane.com/news/local-news/nacs-delays-public-comment-changes-maskmandate-to-executive-session/.

2 See https://www.wane.com/news/local-news/allen-county-court-delays-decision-on-maskmandate-lawsuit-against-nacs/. December 31, 2021 Page 4 of 4 Next Steps We anticipate a ruling on the School and County Defendants’ motions to dismiss in January.

recap pg 4
January 13, 2022
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Nov. 22, 2021 –

 State Defendants’ Motion for Judgment on the Pleadings The State Defendants filed a Motion for Judgment on the Pleadings (similar to a motion to dismiss). They argue that this is a “localized dispute… unconnected to the limited role played by the State” (p. 4). The Plaintiffs’ deadline to respond is January 10.

Dec. 18, 2021 –

Expiration of Mask Mandate By NACS resolution, the mask mandate expired at the end of the first semester on December 18. NACS students will return to classes on January 4. According to a news report, the school board planned to discuss the district-wide mask mandate during a confidential executive session on December 15. The executive session was scheduled to occur two days after the public board meeting (via Zoom), on December 13. The news report indicated that the mask policy could be changed during the December 15 executive session or the next school board meeting, on January 10.1


recap pg 3
January 13, 2022
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 Nov. 8, 2021 –

School and County Defendants’ Motions to Dismiss The School Defendants and County Defendants moved to dismiss each of the Plaintiffs’ claims. To prevail on a motion to dismiss, a defendant must establish that, assuming all facts in the Complaint are true and granting all inferences in the plaintiff’s favor, the plaintiff’s complaint states no viable claims. In their brief, the School Defendants asked the Court to take “judicial notice” of Dr. Box’s October 26 letter. Although the Rules of Evidence and Trial Rules allow the Court to take judicial notice of certain facts and laws in appropriate circumstances, Plaintiffs dispute whether one defendant can rely on a letter sent by another defendant during active litigation to support a motion to dismiss. Plaintiffs responded to both motions on December 10. The School and County Defendants filed reply briefs on December 20.


Recap pg 2
January 12, 2022
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Oct 4th cont.

Pages 14-19 of the Plaintiffs’ brief contains detailed arguments concerning the Indiana Department of Health quarantine procedures (“control measures”) that are imposed by the Defendants. Under the Indiana Trial Rules, the Court may grant judgment in favor of the party filing a motion for summary judgment when the undisputed facts show that the party is entitled to judgment as a matter of law. A plaintiff may move for summary judgment not less than 20 days after filing the Complaint. The Defendants requested the opportunity to conduct discovery on these claims, and the Court scheduled a hearing for March 31, 2022.

Oct. 26, 2021 –

 Department of Health Letter On October 26, approximately three weeks after the Plaintiffs filed their motion, Defendant Dr. Box sent a letter to all superintendents and local health officers. In her letter, Dr. Box states that local health officers  (including co-Defendant Dr. Sutter) are legally required to ensure that schools follow Department of Health “control measures.”

Recap and what's next?
January 12, 2022
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To recap, a  timeline of where we began, where we are, and moving forward


Sep. 13, 2021 – Plaintiffs’ Complaint The Plaintiffs filed the Complaint against the State Defendants (Governor Holcomb, Indiana Department of Health, Dr. Box); County Defendants (ACDH, Dr. Sutter); and School Defendants (NACS, Superintendent Himsel, and others). The Complaint alleges ten different legal claims, which challenge, among other things:  The scope of the Governor’s authority (and any Defendants acting pursuant to that authority) under the Emergency Disaster Management Law, IC 10-14-3-1 et seq., and the Indiana Constitution;  Mandatory masking under the Indiana Constitution and Indiana law, which recognizes parental rights to assert religious objections to unwanted “examination, testing, immunization, or treatment”;  Extensive contact tracing and quarantine procedures removing thousands of healthy children from school in violation of the standards set forth in Indiana’s quarantine laws, IC 16-41-9-1.5 et seq., and Indiana’s Constitution;  The two-tiered system creating different rules for vaccinated and unvaccinated students, in violation of Indiana’s Vaccine Passport Ban, IC 16-39-11-1 et seq.

Oct. 4, 2021 – Plaintiffs’ Motion for Summary Judgment The Plaintiffs filed a motion for summary judgment requesting preliminary rulings on two issues. First, Plaintiffs requested that the Court enter an order finding that NACS is violating Indiana law by not honoring religious exemptions. Second, Plaintiffs requested that the Court enter an order barring NACS from enforcing overly broad quarantines of healthy students.

pg1.



keep moving forward...
December 10, 2021
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Friends, thank you again for ALL of the support!!  Another way to "follow" the progression :
https://public.courts.in.gov/mycase/#/vw/search

Under the 'Attorney' tab, type in the last name Mitchell. You can also search 'person' using the last name Forbing- this may come up easier.


 

Happy Thanksgiving!!
November 26, 2021
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Rejoicing in Hope; patient in tribulation; continuing instant in prayer
Romans 12

And whatsoever ye do in word or deed, do all in the name of the Lord Jesus, giving thanks to GOd and the Father by him.
Colossians 3:17


Happy Thanksgiving and GOD BLESS THE USA !!!

They will do anything to dismiss those in the way..
November 13, 2021
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This motion to dismiss follows right along with their " motion" to silence us and others by stopping public comment, by targeting students to coerce compliance. They can make as many motions to dismiss as they'd like, we are NOT backing down nor going away!

Motion made to dismiss NACS parents' lawsuit - WOWO 1190 AM | 107.5 FM

A bit of a different update
November 1, 2021
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  Be encouraged today by 2Timothy 1:7 which says :
  For God hath not given us the spirit of fear, but of power, and of love, and of a sound mind.
                                                   
                                                       God Bless your day!!!!









 

He said...
October 14, 2021
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Our district has gone in rapid succession to no public comment, to capped public attendance in a room, to "attending" via Youtube! Our district has spoken of security concerns as well as following the guidance of local law enforcement. Local law enforcement has this to say :

https://omny.fm/shows/fort-waynes-morning-news/allen-county-sheriffs-deputy-clarifies-nacs-board?fbclid=IwAR0KpcliX3XlG5CmzJKP62IlvAXbfJyoNSuJazLwVZcN-WTQEzJDGRZLFQI

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Mike Braun joins The AG in calling for the state legislature to allow citizens to manage their own risks.
October 2, 2021
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https://thefederalist.com/2021/10/01/indiana-republicans-lag-behind-on-ending-covid-chaos-forcing-children-to-pay/?utm_source=newsletter&utm_medium=email&utm_campaign=the_federalist_daily_briefing_2021_10_01&utm_term=2021-10-01

FOX BUSINESS Varney & Company
September 29, 2021
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Mike represents the families , the kids and the case with Varney & Company Live on Wed Sept 29th!
https://video.foxbusiness.com/v/6274772994001/?playlist_id=933116618001#sp=show-clips

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Indiana AG Calls On Lawmakers To End School Mask, Quarantine Circus (thefederalist.com)
September 29, 2021
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https://thefederalist.com/2021/09/28/indiana-attorney-general-calls-on-state-lawmakers-to-end-school-mask-quarantine-circus/#.YVOxlaMAqDY.link

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Interview : The Federalist
September 27, 2021
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https://thefederalist.com/2021/09/27/indiana-parents-file-lawsuit-these-are-healthy-kids-theyre-quarantiningand-were-just-done/#.YVHRJJMb2Hw.link

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