District Court Denver County, Colorado Court Address: 1437 Bannock Street, Room 256 Denver, CO 80202 Plaintiff:

Michael Corey Donahue v. COURT USE ONLY Defendant: KARL WILMES in his official capacity as Deputy Director of the Colorado Bureau of Investigation, TED DEROSA in his official capacity as Criminal Justice Systems Supervisor for the Colorado Bureau of Investigation CHRIS URBINA in his official capacity as the Executive Director and Chief Medical Officer or the Colorado Department of Public Health and Environment, BARBARA BROHL in her official capacity as Executive Director of the Colorado Department of Revenue, ANN HAUSE in her official capacity as Director of Legal and Regulatory Affairs at Colorado Department of Public Health and Environment, KRISTIN RUSSELL in her official capacity as the Secretary of Technology and State Chief Information Officer, STEVE HOLLAND in his capacity as the Chief Information Officer for the Department of Public Safety Bob ODoherty in his official capacity as the Director for the Center for Health and Environmental Information and Statistics, JOHN HICKENLOOPER in his official capacity as Governor of the State of Colorado. Party Without Attorney Corey Donahue 1536 MacArthur Dr Boulder, CO 80303 Division Phone Number: 720-340-9730 E-mail: minatour48@hotmail.com: Courtroom

Case Number:

COMPLAINT FOR JUDICIAL REVIEW PURSUANT TO 24-4-106, C.R.S. AND REQUEST FOR STAY AND DESIGNATION OF RECORD
I, Corey Donahue request this Court to commence an action for judicial review regarding the Colorado Department of Public Health and Environment interface of the confidential medical marijuana registry with the Colorado Bureau of Investigations Colorado Crime Information Center (CCIC) pursuant to pursuant to 24-4-106, C.R.S. and - ARTICLE XVIII - Miscellaneous Art. XVIII Miscellaneous Section 14 3(a) as well as any meetings held discussing the interface between these two databases pursuant to 24-4-106, C.R.S. and 24-6-402 1(a)(b)(c)(d)2(a)(b)(c)(d)8, C.R.S., and other equitable relief, and in connection therewith states as follows I presently reside in Denver, Colorado and this Complaint has been timely filed.

PARTIES, JURISDICTION AND VENUE

1. Plaintiff COREY DONAHUE is a resident of Denver County, Colorado. 2. KARL WILMES in his official capacity as Deputy Director of the Colorado Bureau of Investigation, TED DEROSA in his official capacity as Criminal Justice Systems Supervisor for the Colorado Bureau of Investigation CHRIS URBINA in his official capacity as the Executive Director and Chief Medical Officer or the Colorado Department of Public Health and Environment, BARBARA BROHL in her official capacity as
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Executive Director of the Colorado Department of Revenue, ANN HAUSE in her official capacity as Director of Legal and Regulatory Affairs at Colorado Department of Public Health and Environment, KRISTIN RUSSELL in her official capacity as the Secretary of Technology and State Chief Information Officer, STEVE HOLLAND in his capacity as the Chief Information Officer for the Department of Public Safety, Bob ODoherty in his official capacity as the Director for the Center for Health and Environmental Information and Statistics, JOHN HICKENLOOPER in his official capacity as Governor of the State of Colorado. All are sued in their official capacity. 3.. Defendant COLORADO DEPARTMENT OF REVENUE, COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, the OFFICE OF THE GOVERNOR OF COLORADO and the COLORADO BUREAU OF INVESTIGATION are the government agencies. 4. This Court has jurisdiction over the subject matter of this action pursuant to 24-4-106(4)(7),C.R.S. 6. Venue in this court is proper pursuant to C.R.C.P. 98(b)(2) 7. This Complaint is timely filed within 30 days of the date of introduction of said program.

The following facts show how I have been adversely affected or aggrieved: As a person suffering a debilitating medical condition I use medical marijuana. I am provided relief from my debilitating medical condition through ARTICLE XVIII - Miscellaneous Art. XVIII Miscellaneous Section 14. However, the CDPHE, OTI, CBI, DOR and the office of the Governor are threatening the integrity of ARTICLE XVIII - Miscellaneous Art. XVIII Miscellaneous Section 14, with the interface between the confidential patient registry held at the CDPHE and the CCIC held at the CBI with support from the Governors OTI and the Medical Marijuana Criminal Enforcement Division in the DOR . ARTICLE XVIII - Miscellaneous Art. XVIII Miscellaneous Section 14 states

(3) The state health agency shall create and maintain a confidential registry of patients who have applied for and are entitled to receive a registry identification card according to the criteria set forth in this subsection, effective June 1, 2001. (a) No person shall be permitted to gain access to any information about patients in the state health agency's confidential registry, or any information otherwise maintained by the state health agency about physicians and primary care-givers, except for authorized employees of the state health agency in the course of their official duties and authorized employees of state or local law enforcement agencies which have stopped or arrested a person who claims to be engaged in the medical use of marijuana and in possession of a registry identification card or its functional equivalent, pursuant to paragraph (e) of this subsection (3). Authorized employees of state or local law enforcement agencies shall be granted access to the information contained within the state health agency's confidential registry only for the purpose of verifying that an individual who has presented a registry identification card to a state or local law enforcement official is lawfully in possession of such card.

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COMPLAINT FOR JUDICIAL REVIEW PURSUANT 24-4-106, C.R.S. AND. REQUEST FOR STAY AND DESIGNATION OF RECORD

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The CDPHE with assistance from the OTI, CBI, DOR and the office of the Governor held meetings, discussed and set up this interface in violation of C.R.S. 24-6-402 1(a)(b)(c)(d)2(a)(b)(c)(d)8. The reverent sections state: (1) For the purposes of this section: (a) "Local public body" means any board, committee, commission, authority, or other advisory, policymaking, rule-making, or formally constituted body of any political subdivision of the state and any public or private entity to which a political subdivision, or an official thereof, has delegated a governmental decision-making function but does not include persons on the administrative staff of the local public body. (b) "Meeting" means any kind of gathering, convened to discuss public business, in person, by telephone, electronically, or by other means of communication. (c) "Political subdivision of the state" includes, but is not limited to, any county, city, city and county, town, home rule city, home rule county, home rule city and county, school district, special district, local improvement district, special improvement district, or service district. (d) "State public body" means any board, committee, commission, or other advisory, policy-making, rulemaking, decision-making, or formally constituted body of any state agency, state authority, governing board of a state institution of higher education including the regents of the university of Colorado, a nonprofit corporation incorporated pursuant to section 23-5-121 (2), C.R.S., or the general assembly, and any public or private entity to which the state, or an official thereof, has delegated a governmental decision-making function but does not include persons on the administrative staff of the state public body. (2) (a) All meetings of two or more members of any state public body at which any public business is discussed or at which any formal action may be taken are declared to be public meetings open to the public at all times. (b) All meetings of a quorum or three or more members of any local public body, whichever is fewer, at which any public business is discussed or at which any formal action may be taken are declared to be public meetings open to the public at all times. (c) Any meetings at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs or at which a majority or quorum of the body is in attendance, or is expected to be in attendance, shall be held only after full and timely notice to the public. In addition to any other means of full and timely notice, a local public body shall be deemed to have given full and timely notice if the notice of the meeting is posted in a designated public place within the boundaries of the local public body no less than twenty-four hours prior to the holding of the meeting. The public place or places for posting such notice shall be designated annually at the local public body's first regular meeting of each calendar year. The posting shall include specific agenda information where possible. (d) (I) Minutes of any meeting of a state public body shall be taken and promptly recorded, and such records shall be open to public inspection. The minutes of a meeting during which an executive session authorized under subsection (3) of this section is held shall reflect the topic of the discussion at the executive session.

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COMPLAINT FOR JUDICIAL REVIEW PURSUANT 24-4-106, C.R.S. AND. REQUEST FOR STAY AND DESIGNATION OF RECORD

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(II) Minutes of any meeting of a local public body at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs or could occur shall be taken and promptly recorded, and such records shall be open to public inspection. The minutes of a meeting during which an executive session authorized under subsection (4) of this section is held shall reflect the topic of the discussion at the executive session.

As any violation of the Constitution and the Colorado Revised Statutes adversely affects the populace, this program and the meeting held discussing the interface adversely affects me as a medical marijuana patient and citizen of Colorado.

A. The reasons entitling me to relief are as follows: The Constitution of the State of Colorado is the law of the land. It clearly states that the state health agency shall create and maintain a confidential registry of patients who have applied for and are entitled to receive a registry identification card according to the criteria set forth in this subsection, effective June 1, 2001. Colorado Sunshine Law was put in place in order to provide greater transparency for citizens, specifically, (2)(a)All meetings of two or more members of any state public body at which any public business is discussed or at which any formal action may be taken are declared to be public meetings open to the public at all times.

B. The relief that I request is as follows: I request the court to place a hold on or injunction against the interface between the CDPHEs confidential medical marijuana registry and the CBI CCIC to prevent the enactment of the database interface. I request the court to also set an injunction against the Governors office from assisting in any way, shape or form in the interface between two databases. I also request the court to subpoena all information regarding this program from the above listed defendants and find any and all defendants mentioned above in violation of Colorado Sunshine law C.R.S. 24-6-402 1(a)(b)(c)(d)2(a)(b)(c)(d)8. I also request that the court find that this program is invalid as all meetings failed to meet the requirements of subsection (2) or C.R.S. 24-6-402. I request an immediate stay of the agency action on the grounds that said action has caused irreparable injury as follows: 1. The assault on the integrity of the constitution has caused me irreparable injury as the government of the state of Colorado has created an extra judicial system which clearly violates my constitutional and human rights, the proposed interface between the CDPHE and CBI and the dissemination of patents private medical records to law enforcement databases is a continuation of the assault on XVIII - Miscellaneous Art. XVIII Miscellaneous Section 14. Every meeting regarding this program which was held in violation of C.R.S. 24-6-402 1(a)(b)(c)(d)2(a)(b)(c)(d)8 cause irreparable injury not only to me but to every Coloradan as it striped us up our voice in government.

I designate the following documents as relevant parts of such record, pursuant to 24-4-106(6), C.R.S. 1. The original or certified copies of all pleadings, applications, evidence, exhibits, and other papers presented to or considered by the agencies.
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2. An audio and video recording taken on June 5 2012 during a private meeting held with members of the CDPHE, DOR, CBI and the Governors Office of Information Technology. 3. CORA records regarding a meeting held on March 30th 2012 discussing the above program in question. I, hereby request that this Court find that the hearing officers decision be reversed or an injunction ordered to stop enactment of the interface between the CDPHEs confidential database and the CBI CCIC database, as well as holding that the entire program is invalid as it is in violation of C.R.S. 24-6-402.

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Michael Corey Donahue 1536 Macarthur Dr Boulder, CO 80303 720-340-9730

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COMPLAINT FOR JUDICIAL REVIEW PURSUANT 24-4-106, C.R.S. AND. REQUEST FOR STAY AND DESIGNATION OF RECORD

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