No, 16-35763 IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Robert Finbar Brown, Plaintiff-Appeliant, PEACEHEALTH ST. JOSEPHS HOSPITAL, STATE OF WASHINGTON, WHATCOM COUNTY, HOLY SEE, POPE FRANCIS, Defendants-Appellees. ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON SEATTLE NO. C16-00626-JCC HONORABLE, JOHN C. COUGHENOUR MOTION FOR EN BANC REHEARING AND MOTION TO STAY MANDATE FED. R. App. P.35; 9" Cir. R. 35-1 to -3PURPOSE Appellant, Robert Finbar Brown, seeks rehearing on following grounds; (1) material points of fact or law were overlooked in decision, Material Points A. Do Not Resuscitate Order Pg.3 B. Concealment OF Evidence Pg. 5 a. Contradictions in Law Pg. 6 C. Drugged and Incompetent Pg. 7 D. Choice & Informed Consent Pg. 9 E, Double-Effect Pg. 11 F, PETITION FOR A WRIT OF CERTIORARI Pa. 13 a. Glucksberg b. Baze v. Rees, Supreme Court 2008 c. Vacco v. Quill (2) the case involves questions of exceptional importance on life or death issues for all present & future patients. (3) opinions of the District Court conflicts with Washington state and federal laws and Glucksberg. “If there is one verifiable act of involuntary euthanasia under color of law in the future, euthanasia laws will have to be looked at again.” States will have to revoke death statutes, Washington would have to revoke voluntary Natural Death and Death with Dignity Acts, victims watchdog groups, special euthanasia committee would create international unity for LIFE, investigate institutions, educate law enforcement to euthanasia, teach genocide beginnings, investigatehospice and nursing homes records, monitor drugs, ban comfort care, create national abuse hotline for euthanasia, have lawyers available for the public, ban double effect deadly comfort care drugs and DNR orders, strengthen informed consent guidelines, increase national awareness of deliberate hastening of death and mistreatment of patients, dismantle death education in schools and nursing colleges, educate nurses and emt’s on life-long penalties for violating sanctity of life, worldwide media awareness to dangers of euthanasia, medical assault and battery. Teach respect for Life. DO NOT RESUSCITATE ORDER The "Do Not Resuscitate Order” (DNR) is central to this case. See, Case 2:16-cv-00626-JCC Dkt 23-1 Pg. 5 of 5 The Court of Appeals has incorrectly accepted PeaceHealth lawyer’s false contention there is no proof of a DNR on the life of Gloria Jean Brown, yet conversely in January 2015 PeaceHealth had to admit their secret DNR, after Bellingham Police unsealed police records describing conversations between hospital security and their ER nurse telling responders there is a DNR on Mrs. Brown life and not to help her, that her husband was going to shoot responders. See. (1) BELLINGHAM POLICE REPORT DNR OCT 29, 2014. PH knew they got caught lying to UWMC claiming she had excruciating pain and was dying from leukemia, they saw this as an opportunity to get rid of a criminal and civil liability. ER nurse was shocked to hear the truth and blurted out to Detective Scanlon after telling her and hospital security results of 3his investigation of Mr. Brown for alleged death threats to hospital employees was discovered to be erroneous, meantime responders were avenging the alleged death threats by murdering GB and puncturing her internal jugular vein yet never reporting the wound, DOH investigation turns their backs and finds no evidence to prove allegations as not to implicate the state and county appellees A new investigation is beginning with new evidence. Whoever is responsible for the death threat allegations need to be charged also for murder alongside hospital insiders and risk management for forcing the DNR. ‘Compassion & Choices, formerly the Hemlock Society, and now End of Life Washington, no longer advance Do Not Resuscitate orders, they don’t mention them on their website, they've see they're responsible for preaching DNR orders, they no longer advocate or have links to “Do Not Resuscitation” orders, instead they’re now advocating POLST forms, which were required by responders in this case according to the State of Washington EMT Association who said they don’t kill people, in my wife’s case, “go get them” they don’t want people like that in their organization. They said Whatcom responders were not supposed to deny her immediate help but get her directly to ER room if her heart was beating, if the decision is that there was a legitimate DNR, they will be found guilty of battery by attempting CPR or murder when new evidence is revealed they punctured her internal jugular vein. She wouldn’t die after 35 minutes, they were told to put her down by security and risk management, they punctured herinternal jugular, administered CPR half way to the hospital at 50 minutes and arrived at ER at 60 minutes, instead of helping her when they first arrived and falsely claiming they witnessed her die in the home. Either way PH and responders are responsible. Responders had a duty to get her to the ER room as quickly as possible even without a POLST, irregardless if she had a DNR, the only way they could not help her get directly to the ER room according to the EMT Association was if there was a POLST form. The Internal Jugular Vein puncture wound was reported by the UWMC autopsy report, See. (2) UWMC AUTOPSY REPORT not External Jugular Vein as responders are telling DOH investigators. 1. External jugular vein punctures are obsolete with mechanical JO devices like the EZ-10. 2. Internal jugular vein punctures are procedures only done by skilled doctors, in a sterile environment in a fully equipped hospital with the use of doppler, absolutely not performed in the back of an ambulance by responders. The puncture wound appears to be retaliation for false death threats, hospital security could only get the information from the sheriff's department, who had lied 6 months earlier so they could coverup an incident where their deputy left the Brown’s seven year old granddaughter with a luring suspect overnight and never told the parents yet made up a story two months later that Mr. Brown allegedly assaulted a friend of the luring suspect who turned out to be the mostinfamous goldrobber in Canadian history, having robbed Air Canada of millions in gold bullion, Whatcom prosecutor, lied to Wa. Supreme Court, according to clerk of court by telling them their goldrobber never testified in the grandfathers assault conviction. Responders are trying to claim there was no PICC line which is contradicted by Walgreens nurse, See (3) WALGREENS PICC LINE they were scheduled to check the PICC line the following day, she drew pictures of where the PICC was located, proof there was a PICC line in place plus no other puncture wounds prior to the responders. CONCEALMENT OF EVIDENCE According to RCW 4.16.350 Plaintiff must have “actual knowledge of the act of fraud or concealment”. District court hasn't considered appellants evidence proving DNR was false according to the eyewitness affidavit on September 9, 2015 that she witnessed risk management employees, who are not authorized to witness, force my wife's hand, See. (4) PH ADVANCE DIRECTIVE which didn’t make sense, we wanted full resuscitation, so why would they have to force her hand, I read the directive again and was shocked, it contradicted full resuscitation by authorizing two doctors to override my wife's wish for full resuscitation and initiated a DNR without telling us, we were tricked, I'd never imagine the nice lady would lie to us. It answered why they were in such a hurry, that was their only way they could get permission to initiate a DNR without my wife’s informed consent bydrugging and forcing her hand, the eyewitness affidavit was proof of their fraud. See Case 2:16-cv-00626-JCC Doc 23-1 Pg. 1 of 5 When I read Judge Coughenour agreed with PeaceHealth that there was no DNR, I couldn’t believe it, but realizing I had a problem finding it, possible Judge Coughenour even the PH lawyer were making the same mistake, even after looking at it, I never noticed the DNR clause hospital thought gave them informed consent. My wife had a right to determine what she wanted to have done in an emergency, they had no right to override her wishes. The husband demanded to leave hospital, he knew his wife was not in excruciating pain, they kept us and wouldn’t tell us what they were administering. Gloria had told them three days earlier she didn’t want a DNR. They kept us in the hallway, they were moving us to another room, lots of confusion, the risk management lady was in a hurry, she showed me the directive for full resuscitation we wanted and pointed to the checked boxes for full resuscitation, never thinking it was anything to do with a DNR, if they said it contained a life and death decision I’d demand to be involved as the legal surrogate. PeaceHealth has refused to give us a copy of the actual signed DNR, perhaps that’s how their lawyers are saying there's no DNR, they say there is none, then it’s only my word, but their letter and Dr Bree Johnston's admittance she wrote the DNR and Gloria’s refusal in the ER is proof they issued it against Gloria’s wishes. GB signed a new directive for full resuscitation a month later at UWMC and doctorsacknowledged she was competent to make her own decision to choose life. See. Case 2:16-cv-00626-3CC Dkt 1-2 Pg. 7 of 25 CONTRADICTIONS IN LAW RCW 70.122.051 Liability of health care provider or faci ry. Any physician, health care provider acting under the direction of a physician, or health facility and its personnel who participate in good faith in the withholding or withdrawal of life- sustaining treatment from a qualified patient in accordance with the requirements of this chapter, shall be immune from legal liability, including civil, criminal, or professional conduct sanctions, unless otherwise negligent. RCW 70.122.090 Criminal conduct - Penalties. Any person who willfully conceals, cancels, defaces, obliterates, or damages the directive of another without such declarer’s Consent shall be guilty of a gross misdemeanor. Any person who falsifies or forges the directive of another, or willfully conceals or withholds personal knowledge of a revocation as provided in RCW 70.122.040 with the intent to cause a withholding or withdrawal of life-sustaining treatment contrary to the wishes of the declarer, and thereby, because of any such act, directly causes life-sustaining treatment to be withheld or withdrawn and death to thereby be hastened, shall be subject to prosecution for murder in the first degree as defined in RCW 9A.32.030. [1992 ¢ 98 § 9; 1979 c 112 §9.]DRUGGED AND INCOMPETENT On June 12, 2012 while in PeaceHealth Hospital GB was forced by PeaceHealth Hospital risk management employees to sign an illegal medical directive when she was drugged and incompetent according to the eyewitness affidavit dated September 9, 2015. See Dkt 23-1 Pg. 1 of 5. It authorized full resuscitation as the husband requested yet included a hidden clause that illegally overrode his wife’s wish to live and illegally authorized two doctors to initiate an illegal DNR without informed consent and never warned the Brown’s, as a result two months later when she fainted at home responders refused to help her after being told by PH emergency nurse that GB was DNR and husband was going to shoot responders, when she didn’t die a responder punctured her internal jugular vein according to a UWMC autopsy that responders never reported. Bellingham Police Detective Scanlon was in the hospital at same time my wife was murdered, he was telling Security and ER nurse that death threats were erroneous. State never asked for proof of allegations, they have it yet refuse to prosecute responder who claims there was no DNR or puncture wound to the internal jugular, evidence contradicts it all, all essential elements of my cause of actions have been proven.CHOICE AND INFORMED CONSENT A medical directive by a patient choosing to live with full resuscitation cannot be overrode by doctors assigning a DNR, a medical directive is not supposed to contradict itself, yet that's what exactly happened here. Patients choose either yes or no for each option, with its own corresponding yes or no checkbox. Here, there were checkboxes checked for full resuscitation, the anomaly is in the fact there were NO checkboxes to either choose or refuse a DNR, yet two doctors initiated the DNR without informed consent that was used to murder her, directive was illegal from the very beginning, it was forced on GB by risk management employees and witnessed by them, a felony in Washington state for aiding and abetting a suicide, yet a DOH investigation found nothing illegal, that raises a further disturbing question, how many people have died needlessly in Washington state ahead of their time due to illegal medical directives, is this a massive coverup by state and county authorities and risk management, they know this is going on everywhere, state departments of health have to turn their backs to obvious deadly violations and have fail to ask the questions to prove allegations with prima facie evidence instead of acting as guardians required by the law to protect the public from egregious violations of illegal informed consent in directives and illegal DNR’s, not realizing they or loved ones may be victims someday. Scheme appears as hidden common agendas between state, county and catholic church authorities to push death instead of life sodoctors, hospitals and emergency responders have to do what they are told even if it involves deliberate criminal acts and other nefarious acts by taking away patient's choice to live under color of law. We've never needed statutory laws to live or die under hand of foreign corporations operating in our land calling themselves Christian organizations who have been granted the right to do business illegally in our country, prey upon us and murder us under color of law. Catholic Hospitals follow their own ERD’s, they don’t have to follow state rules, a priest surfing the net in the Vatican can decide who lives or dies, what kind of power would it take to make a responder walk away and not help, then murder an innocent woman. If PH wanted a DNR so bad, why did they force GB, why didn’t they ask us to make @ POLST form instead of forcing her to sign for a DNR. The EMT association in Washington said the only way responders could not help a person was if there was a POLST, that's the reason, PH knew we'd never agree to suicide. PH wants to continue killing their ‘own mistakes with double effect drugs, DNR’s, and false accusations, if the state required POLST, PeaceHealth would go out of business DOUBLE EFFECT DRUGS The principle of double effect should be removed from Washington state law, it’s a dark ages excuse for killing people, doctrine says that if doing something morally good has a morally bad side-effect it's ethically OK to do it providing the bad side-effect wasn't intended. This is true even if you foresaw that the bad effect would 11probably happen. Dr Bree Johnston said it would hasten her death, though she knew GB was not in excruciating pain. The principle is used to justify a case where a doctor gives drugs to a patient to relieve distressing symptoms even though he knows doing this, may shorten the patient's life. If the doctor is not aiming directly at killing the patient - the bad result of the patient's death is a side-effect of the good result of reducing the patient's pain. Doctors use this doctrine to justify the use of high doses of drugs such as morphine for relieving suffering in terminally-ill patients even though they know the drugs are likely to cause the patient to die sooner. GB was not in excruciating pain according to UWMC. PH refuses to provide a copy of the two doctors signature on the DNR and documentation between patient or family surrogate regarding family’s discussion with the doctor to prove informed consent See. (5) DNR m INSTRUCTION FOR DOCTORS PETITION FOR A WRIT OF CERTIORARI Question for the Court; Whether the approval of death statutes in Washington state that aide involuntary death or suicide under color of law offend the Fourteenth Amendment to the U.S. Constitution? The Courts needs to hear cases from victim's families, there are no representatives for the people, 501c3 groups take money, no central reporting, lawyers won't touch euthanasia cases, stories are censored on the web, it's a political hot potato, wealthy foreign promoters of death with dignity want to give suicide to everyone.Washington has laws yet hospitals can design their directives to fit their purpose. If PH had adhered to a simple form recommended by the state it would have guaranteed GB her wish to live and mandatory informed consent, that's not too much to expect. Look at this form, there is no resemblance to the directive PH used to issue a DNR. There is checkboxes for each item the patient is approving, not so with the directive PH used to fraudulently issue the secret DNR. The DOH should be finding violations, See. RCW 70.122.030 (Directive to withhold or withdraw life-sustaining treatment) Washington claims there is no proof of allegations, despite prima facie evidence, UWMC autopsy describing puncture wound, PH Admittance of DNR, UWMC Ethics Committee, Bellingham Police reports, and the Eyewitness Affidavit. Facts prove all essential elements of my cause of action for outrage and wrongful death. It’s strange to compare the morality of the state twenty years ago in Glucksberg where Washington protected the sanctity of life and how quickly it sunk into depravity and now defends death statutes that kill innocent people without informed consent, my wife stated over and over she wanted to live yet the power of the state and catholic hospital and the wickedness and lies of the death mongers, she wouldn't die and they finally had to resort to using a responder to murder her. It’s sad to realize, if the same mentality existed in 2017 as it did in 1997, she'd still be alive, the state and it’s attorney general would be fighting alongside the family against PeaceHealth and responders, it should bea call to all our local legislators and public servants who care more about their pockets than right to life, choice, autonomy and self- determination. Glucksberg court felt that the ban was rational in that it furthered such compelling state interests as the preservation of human life and the protection of the mentally ill and disabled from medical malpractice and coercion. It also prevented those moved to end their lives because of financial or psychological complications. The Court also felt that if it declared physician-assisted suicide a constitutionally protected right, it would start down the path to voluntary and perhaps involuntary euthanasia. In Baze v. Rees, Supreme Court 2008 the Court has in the past confirmed the validity of drawing boundaries to prevent certain practices that extinguish life and are close to actions that are condemned. Glucksberg found reasonable the State's "fear that permitting assisted suicide will start it down the path to voluntary and =~ perhaps_— even involuntary euthanasia." 521 U. S., at 732-735, and n. 23. the U.S. Supreme Court should endeavor to provide secure guidance to "state and federal courts as well as legislatures throughout the Union," by defining "rights of all men, women, children and unborn children and defining illegitimate authority of the States to enact death statutes that only serve special interests disrespect for life in general with medical termination of life that serves only as a form of malpractice insurance for hospitals and doctors to evade liability for their mistakes. Our precedents "have respected the private realm of family life which —_—the state cannot __ enter”. Prince v. Massachusetts, 321 U. S. 158, 166 (1944). 4In Vacco v. Quill, the US Supreme Court, in its June 26, 1997 ruling (9-0) stated: "Even as the States move to protect and promote patients’ dignity at the end of life, they remain opposed to physician assisted suicide. New York is a case in point. The State enacted its current assisted suicide statutes in 1965. Since then, New York has acted several times to protect patients' common law right to refuse treatment... In so doing, however, the State has neither endorsed a general right to ‘hasten death’ nor approved physician assisted suicide. Quite the opposite: The State has reaffirmed the line between ‘killing’ and ‘letting die’...This Court has also recognized, at least implicitly, the distinction between letting a patient die and making that patient die. In Cruzan v. Director, Mo. Dept. of Health (1990), we concluded that '[t]he principle that a competent person has a constitutionally protected liberty interest in refusing unwanted medical treatment may be inferred from our prior decisions,’ and we assumed the existence of such a right for purposes of that case. But our assumption of a right to refuse treatment was grounded not, as the Court of Appeals supposed, on the proposition that patients have a general and abstract ‘right to hasten death,’ but on well established, traditional rights to bodily integrity and freedom from unwanted touching. In fact, we observed that 'the majority of States in this country have laws Imposing criminal penalties on one who assists another to commit suicide.’ " Washington laws contradict and are not being enforced for falsifying withholding or withdrawal of life sustaining treatment, medical directives aiding and abetting suicides without informed consent and aide and illegal unauthorized DNR orders, punishments for murder vary from being completely immune under color of law, Natural Death and Death with Dignity Acts, to murder in the first degree for the same act otherwise are not being enforced. This is legalized involuntary euthanasia the United States Supreme Courtneeds to decide whether it violates federal and state criminal laws, patient's civil, natural law rights to life and violates 14" Amendment Constitutional Rights to Life. I, Robert Finbar Brown, declares under the pains of perjury, the previous statements are true, so help me God. Appellant Pro se, /s Robert Finbar Brown CERTIFICATE OF SERVICE I swear under the pains of perjury that today August 28, 2017, I Robert Finbar Brown, Appellant, submitted a copy of; MOTION FOR EN BANC REHEARING AND MOTION TO STAY MANDATE to the CM/ECF Ninth District Court of Appeals, San Francisco. /s Robert Finbar Brown August 28, 2017