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University of Nevada Student Brings Suit Against the University of Nevada for Unlawful Discrimination Against the Covid Recovered

An undergraduate student at the University of Nevada, Reno (UNR) filed suit against Governor Sisolak, the State Department of Health, and the UNR Board of Regents. Nevada Attorney Adam Fulton and Attorney Joey Gilbert brought the lawsuit November 8, 2021, in federal court, in the United States District Court of Nevada. The Complaint opposes a vaccination mandate on the basis that students who have recovered from Covid-19 have natural immunity to the disease and thus should not be forced to take the vaccine. The plaintiffs at UNR who are Covid Recovered already enjoy the strongest immunity possible, pose zero risk of infectiousness to others, but do face an increased likelihood of a potentially severe adverse medical reaction to the mandated vaccine. They also face an unreasonably high risk of testing falsely positive for Covid-19, which brings with it draconian contact tracing and forced isolation in a small dorm room for fourteen days. Moreover, they face coercive and retaliatory treatment because of their rightful exercise of their constitutional and statutory rights to decline unnecessary medical treatment. Under the university's vaccine mandate, students are unable to normally register for classes for the Spring 2022 semester. The plaintiff stated: "What is happening is a complete and total violation of our rights and liberties. The school's mandate is not backed by science, only by tyrannical leaders who want to coerce people into taking a vaccine that is still in experimental trials - Moderna until October 27, 2022 and Pfizer until May 2, 2023. All while claiming it will protect and save us, which completely contradicts the CDC’s own stats about my age group. They are trying to strip our God-given rights away from us and I will not stand for it. As long as I have a say, the University will not mandate an experimental treatment protocol ever, much less for a virus I have already had and recovered from. No government institution under the United States Constitution has any right to strip away mine, nor my peers’ rights just for exercising them. The penalty to the school should be enormous for the damage they have caused and the infringements of rights.” The Complaint highlights that there are effective alternative treatments: ivermectin, hydroxychloroquine, budesonide, monoclonal antibodies, and vitamin D all are effective at dealing with Covid. This on top of the fact that the science shows that “the vaccinated are becoming more clinically ill than the unvaccinated.” The Complaint makes clear that all credible scientific persons and organizations agree that the shots do not stop the transmission or acquisition of the virus. This is according to the CDC, the World Health Organization, the President of the U.S., The Prime Minister of the United Kingdom and many others. The complaint meticulously cites the latest research showing it is indisputable that the Covid recovered have robust, durable, and complete immunity and they pose absolutely no risk to others. In contrast, the vaccinated who are not Covid recovered pose the greatest risk to everyone with a high viral load and high transmissibility. The case makes a prominent claim under the Fourteenth Amendment right to bodily integrity, which includes a demand that the Court uphold the right of all students to be free from unwilling participation in human medical experimentation. Plaintiff’s allegations candidly expose mandatory vaccination as wholly unnecessary and an especially bizarre experiment to sacrifice young people under a flawed theory of protecting much older people. Further, the Defendants' unlawful attempts to segregate students into two groups based on genetic status raises additional constitutional claims for violation of equal protection and privacy. Attorney Joey Gilbert explained, “It has been unlawful in this country to mandate a medical treatment and never before in this country’s history have we attempted to mandate those who have recovered from a virus such as this to take a vaccine or lose one’s educational opportunities. I expect the court will correct this injustice and we’ll begin to see a turnaround for the better for students in Nevada and throughout the country. We owe it to them to do this.” Read the Complaint filed November 8, 2021, by Attorney Fulton and Attorney Gilbert in the United States District Court, District of Nevada.


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