FILED

Case 5:16-cv-00207-HGD Document 1 Filed 02/03/16 Page 1 of 3

2016 Feb-03 PM 03:41

U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT OF THE

NORTHERN DISTRICT OF ALABAMA

SEBASTIAN GREEN, SHANNON

DUNCAN, KATHRYN SPEARS,
KYLE SPEARS, JERRY PARKER,

)
)

PLAINTIFFS,
)
v.

CASE NO.:
)

RAFAEL EDWARD (TED)

CRUZ,
DEFENDANT.

)
)

COMPLAINT FOR DECLARATORY JUDGMENT

COME NOW the Plaintiffs, SEBASTIAN GREEN, SHANNON DUNCAN,
KATHRYNE SPEARS, KYLE SPEARS, and JERRY PARKER, through their attorney of
record, Thomas E. Drake, II, hereby bring their Complaint for Declaratory Judgment
against Rafael Edward Cruz, and allege the following:
1.

This is a declaratory judgment action seeking judgement of the Court

declaring that Rafael Edward Cruz is ineligible to qualify/run/seek and be
elected to the Office of President of the United States of America.
PARTIES

2.

Plaintiffs are bona fide resident citizens of Alabama. In addition, Plaintiffs

are registered voters/electors within the Northern District of Alabama.

3.

On information and belief Defendant, Rafael Edward (Ted) Cruz was

born on December 22, 1970 in the City of Calgary, Province of Alberta,
Country of Canada.
JURISDICTION AND VENUE

4.

This Complaint arises under the Declaratory Judgement Act, 28 U.S.C.

section 2201.

5.

This Court has original jurisdiction over the subject matter of this claim
pursuant to 28 U.S.C. 1331.

6.

This Court has personal jurisdiction over Rafael Edward Cruz because he

Case 5:16-cv-00207-HGD Document 1 Filed 02/03/16 Page 2 of 3

is a candidate for federal office in the State of Alabama and is currently

balloted as a candidate for the Office of President of the United States of
America in Alabama.
7.

Venue is proper in this District pursuant to 28 U.S.C. 1391.

ALLEGATIONS

8.

The fifth clause of Article 2, Section 1 of the United States Constitution of

America (U.S.C.A.) states:
NO PERSON EXCEPT A NATURAL BORN CITIZEN, OR A
CITIZEN OF THE UNITED STATES, AT THE TIME OF
THE ADOPTION OF THIS CONSTITUTION, SHALL BE ELIGIBLE
TO THE OFFICE OF PRESIDENT; NEITHER SHALL ANY PERSON
BE ELIGIBLE TO THAT OFFICE WHO SHALL NOT HAVE
ATTAINED THE AGE OF THIRTY-FIVE YEARS, AND BEEN
FOURTEEN YEARS A RESIDENT WITHIN THE UNITED STATES.

9.

Defendant, Rafael Edward (Ted) Cruz is not a natural born citizen of the
United States of America.

10.

Plaintiffs allege that since Rafael Edward (Ted) Cruz is a natural born
citizen of Canada, he is ineligible and should be disqualified from seeking
the Office of President of the United States of America.

11.

Plaintiffs allege that Mr. Cruz cannot be a natural born citizen of two (2)
countries. This would violate elementary rules of logic.. Since the
Defendant, at the moment of birth, was located in Calgary, Alberta,
Canada; he became a citizen of Canada by virtue of it.

12.

Plaintiffs allege that at the time of Mr. Cruzs birth, the United States could
not confer citizenship upon him under any law or legal theory that exists.
Natural born means native born within the United States or its
dominions/territories. Canada is not a territory of the United States.

13.

Whether the Defendants mother was/is a United States citizen is

irrelevant. If however, she had been an Ambassador to a foreign country;
or, stationed in another country while serving in the military, such would
not bar Mr. Cruzs candidacy.

14.

Plaintiffs agree and concede that Mr. Cruz is a valid citizen of the United
States; however, adamantly argue and allege that he is not a natural born
citizen of the United States. More specifically, that his citizenship was
conferred by other means.

Case 5:16-cv-00207-HGD Document 1 Filed 02/03/16 Page 3 of 3

15.

That, not every citizen is entitled to run for the Office of President; only
natural born citizens.

WHEREFORE, Plaintiff respectfully request that the Court enter judgement as

follows:
(A)

To declare that Rafael Edward (Ted) Cruz is ineligible and

disqualified to run/seek the Office of President of the United States
of America; and,

(B)

Award Plaintiffs their costs, expenses and reasonable attorney fees

pursuant to the Courts equitable and discretionary powers.

/s/ Thomas E. Drake, II

Thomas E. Drake, II Dra 012
Attorney for the Plaintiffs
419 2nd Avenue SW, Suite B
Cullman Alabama 35055
(256) 739-9445
tomdrake@bellsouth.net

FILED

Case 5:16-cv-00207-HGD Document 2 Filed 02/03/16 Page 1 of 2

2016 Feb-03 PM 04:20

U.S. DISTRICT COURT
N.D. OF ALABAMA

GOURTOF THE
E UNITEDSTATESDISTRICT
OF ALABAMA
NORTHERN
DISTRICT
NORTHEASTERN
DIVIISION
SEBASTIAN
, S H A N N ON
DUNGAN,
KATHRY SPEARS,
KYLE SPEARS,JE

PARKER,

P L AIN T IF F
CASENO.:5:16- 207- HGD

v.
RAFAELEDWARD
CRUZ.
DEFENDAN

AMENDEDCOMPLAINI
DUNCAN,
GREEN,SHANNON
SEBASTIAN
COMENOW Plaintiffs,
of
throughtheirattorney
S, KYLESPEARS,
andJERRYPARKER,
KATHRYNE
SP
record.ThomasE.

, ll, and amendstheirComplaintas follows:

whichfollow:
thoseadditional
allegations

1.

ALLEGATIONS

allegethattheyhavea legallyprotectedrightto votefor lawfullly

or ineligible
candidates
be
candidates,
and,seethatunqualified
laMully
from
those
balloted.
off
so votescannotbe syphonedl

16.

Plain
quali

17.

not
Plainti allegethatthe injurytheywillsufferis actualandimminent;
specu tivenorconjectural.

18.

by a favorabledecisionof the
That injuryallegedwouldbe redressed
Court.

19.

That Mr. Cruzwere allowedto run as a candidate,the Plaintiffsright1lo

qualified
to runwouldbe
candidates
have ly lawfulandconstitutionally
V

Case 5:16-cv-00207-HGD Document 2 Filed 02/03/16 Page 2 of 2

/s/ ThomasE. Drake.ll

ThomasE. Drake,ll Dra012
Attorrreyfor the Plaintiffs
4192"dAvenueSW, SuiteB
Alabama35055
Cullnran
(256)73e-9445
net
tomdrake@bellsouth.