Case 2:21-cv-00702-CLM Document 15 Filed 07/19/21 Page 58 of 67
[K]nowing the Flint River water was unsafe for public use, distributing it without taking steps to counter its problems, and assuring the public in the meantime that it was safe “is conduct that would alert a reasonable person to the likelihood of liability.” [ ] [T]aking affirmative steps to systematically contaminate a community through its public water supply with deliberate indifference is a government invasion of the highest magnitude. Any reasonable official should have known that doing so constitutes conscience-shocking conduct prohibited by the substantive due process clause. These “actions violate the heartland of the constitutional guarantee” to the right of bodily integrity… Id. at 933 (emphasis added). The language of this decision ought to send a chill through each of the individually named Defendants, for their conduct — albeit distributing dangerous experimental Vaccines, rather than contaminated water — is effectively a mirror image. This is indisputably so with respect to the under-18 age category, and those previously infected with SARS-CoV-2. Since SARS-CoV-2 / COVID-19 present no statistically significant threat to these subpopulations, the Vaccines can have no therapeutic benefits for them.
At the same time, the experimental
Vaccines, which have known, dangerous side effects and in some cases are even fatal, expose them to unnecessary and dangerous risks. B. Irreparable Injury The test does not require that harm actually occur, or that it be certain to occur. See Whitaker v. Kinosha Unified School District, 858 F.3d 1034, 1044 (7th Cir. 2017). Rather, “[w]e have indicated that the injury suffered by a plaintiff is ‘irreparable only if it cannot be undone through monetary remedies.’” Siegel v. LePore, 234 F.3d 1163, 1191 at Fn. 4 (11th Cir. 2000), quoting Cunningham v. Adams, 808 F.2d 815, 821 (11th Cir. 1987). The actual or threatened violation of core constitutional rights is presumed irreparable. Id., citing inter alia Deerfield Med. Ctr. v. City of Deerfield Beach, 661 F.2d 328 (5th Cir. 1981) (irreparable injury presumed based on threats to access to abortion services implicating the 14th Amendment right to privacy); Robinson v. Attorney General, 957 F.3d 1171, 1177 (11th Cir. -58-
