Professional Documents
Culture Documents
Federal Lawsuit
Federal Lawsuit
Page 1 of 41
PLAINTIFF,
V.
MATTHEW KRAMP
JENNIFER WEEKS
LORIE J. HARVEY
CARRIE L. HARVEY
DAVID INGLE
HEATHER MARIE ZRIED
SANDRA J. CLARK
COLEEN BUCHINSKY
SYBLE FITZGIBBON
URANA HARRIS
RONALD EVANS
GAIL MAHONEY
PCSO
FDLE
SEAN SMITH
EDGAR STANTON
SANDRA REED
VINCENT PETTY
DEBRA FITTS
BRYAN SARABIA
TRAVIS SCHRECK
JEANNE MULCAHY
MATTHEW SNURE
CAROL MOLNAR
KIM OBROCTO
RICHARD CARPTENTER
ELMERT HOLT
PETER BURSTEN
MIRIAM REBOSIO
JAMES SWANQUIST
JODY AITKEN
DANIEL LAURENTI
DONNA OVERFIELD CHRISTOPHER LITTLEPAGE
DAVIS P. BLANCHARD EDWARD SOBCZYK
GLENN TRAIGER
FHP
PASCO COUNTY
FIRE RESCUE
BAYONET POINT REGIONAL MEDICAL CENTER
DEFENDANTS
NAME: Matthew Kramp, MD / Jennifer Weeks, RN / Lorie J. Harvey, RN / Sandra J. Clark, RN
Carrie L. Harvey, MD / Hearther Marie Zried, RN / Coleen Buchinsky, FPO
EMPLOYER: REGIONAL MEDICAL CENTER BAYONET POINT
ADDRESS: 1400 Fivay Road Hudson, FL 34667
NAME: Michelle R. Carter, CPT / Urana Harris, CPT / Ronald Evans, TPR /
Syble Fitzgibbon, S. CLERK
EMPLOYER: FLORIDA HIGHWAY PATROL TROOP C
ADDRESS: 11305 North McKinley Drive Tampa, FL 33612
NAME: Sandra Reed, CPT / Matthew Snure, DEP / Travis Schreck, CALL TKR /
Kim OBrocto, DISP / Deborah Fitts, RCRD SUPERVISOR
EMPLOYER: PASCO COUNTY SHERIFFS OFFICE
ADDRESS: 8700 Citizens Drive New Port Richey, FL 34654
NAME: Elmert Holt, 911 MGR / Micheal Ciccarello, ASS. CHIEF / Jody Aitken, DISP /
Mariam Rebosio, CALL TKR / Glenn Traiger, EMT
EMPLOYER: FIRE RESCUE PASCO COUNTY
ADDRESS: 8750 Citizens Drive New Port Richey, FL 34654
Case 8:11-cv-291-T-30-TBM
Page 2 of 41
NAME: Edgar Stanton IV, ASA / Micheal Halkitis, SAX / Bryan Sarabia, ASA /
Gail Mahoney, SAX / Vincent Patrick Petty, ASA
EMPLOYER: BERNIE MCCABE STATE ATTORNEYS OFFICE
ADDRESS: 7530 Little Road
New Port Richey, FL 34654
NAME: Carol Molnar, DISTRICT COORDINATOR
EMPLOYER: WITHALACOOCHEE RIVER ELECTRIC COMPANY
ADDRESS: 12103 Hays Road Shady Hills, FL
NAME: Davis P Blanchard, LAB ANALYST / Debra Overfield
EMPLOYER: FDLE TAMPA
/ FDLE TALLAHASSEE
ADDRESS: 4211 N. Lois Ave Tampa, FL 33614 / PO Box 1489 Tallahassee, FL 32302
NAME: Jeanne Mulcahy, Associate Director of Compliance Center
EMPLOYER: AT&T Mobility
ADDRESS: P.O. Box 24679
West Palm Beach, FL 33416
NAME:
NAME:
NAME:
NAME:
NAME:
NAME:
NAME:
certain policies, practices and actions of the individual officers and civilians, who have agreed to
conspire to violate PLAINTIFFS rights under the Fourth, Sixth, Eighth, and Fourteenth
Amendments to the United States Constitution. PLAINTIFF demands trial by jury.
JURISDICTION
1. This action is brought pursuant to 42 USC 1983, the fourth, sixth, eighth, and
fourteenth Amendments of the United States.
2. This Court has Federal Question jurisdiction pursuant to 28 U.S.C.1331 to hear
cases arising under the Constitution of the United States, under 28 U.S.C. 1343(3) to redress the
Case 8:11-cv-291-T-30-TBM
Page 3 of 41
deprivation under color of state law of any right, privilege or immunity secured by the
Constitution, and under 28 U.S.C. 1343(4) to secure equitable or other relief for the protection
of civil rights.
3. This Court is authorized to award damages for violation of Plaintiffs
constitutional rights under 42 U.S.C. 1983.
4. This Amended Complaint seeks damages for violations of WARDERS rights,
privileges and immunities secured by the Fourth, Sixth, Eighth, and Fourteenth Amendments to
the Constitution.
5. This Court has supplemental jurisdiction over PLAINTIFFS state law claims
pursuant to 28 U.S.C. 1366.
6. This is an action for damages that exceed $75,000.
7. PLAINTIFF has satisfied the notice requirements of 768.28(6) Fla.Stat. by
notifying necessary DEFENDANTS.
8. PLAINTIFF has complied with all conditions precedent to maintaining this action or
asks the court reserve any claims until proper time.
VENUE
9. Venue is proper in the Middle District of Florida, Tampa Division, since the majority
of the policies and acts complained of are from Pasco County, Florida, which is within the
district and geographical area assigned to the Tampa Division.
PARTIES
10. At all times relevant hereto, PLAINTIFF, MATTHEW WARDER, was and is a
citizen of the U.S. and a resident of Pasco County, Florida.
Case 8:11-cv-291-T-30-TBM
Page 4 of 41
11. At all times relevant hereto and in all their actions described herein, DEFENDANTS
Bayonet Point Regional Medical Center, Jennifer Weeks (WEEKS), Carrie L. Harvey (L.
HARVEY), Lorie J. Harvey (J. HARVEY), Sandra J. Clark (CLARK), David Ingle (INGLE),
Heather Marie Zried (ZRIED), and Coleen Buchinsky (BUCHINSKY) were employed by
Bayonet Point Regional Medical Center of Pasco County, Florida and agreed to conspire with
law enforcement, under the color of law, to violate PLAINTIFFS constitutional rights and are
being sued individually.
12. At all times relevant hereto and in all their actions described herein, DEFENDANTS
Captain- Urana Harris (HARRIS), Trooper- Ronald Evans (EVANS), and Senior Clerk- Syble
Fitzgibbon (FITZGIBBON), were employed by Florida Highway Patrols Troop C Division,
acted under the color of law, and are being sued in their individual capacities.
13. At all times relevant hereto and in all their actions described herein, DEFENDANTS
Captain- Sandra Reed (REED), Deputy- Matthew Snure (SNURE), Call Taker- Travis Schreck
(SCHRECK), Dispatcher- Kim OBrocto (OBROCTO), Record Supervisor- Deborah Fitts
(FITTS), Deputy Sean Smith (SMITH), Deputy Edward Sobczyk (SOBCZYK), and John
Does were employed by Pasco County Sheriffs Department (PCSO), acted under the color of
law, and are being sued in their individual capacities.
14. At all times relevant hereto and in all their actions described herein, DEFENDANTS
911 Manager- Elmer C. Holt (HOLT), Assistant Chief- Micheal Ciccarello (CICCARELLO),
EMT Glenn Traiger (TRAIGER), Call Taker- Mariam Rebosio (REBOSIO), and DispatcherJody Aitken (AITKEN) were employed by Pasco County Fire Rescue, acted under the color of
law, and are being sued in their individual capacities.
15. At all times relevant hereto and in all their actions described herein, DEFENDANTS
Case 8:11-cv-291-T-30-TBM
Page 5 of 41
Assistant State Attorney- Edgar Emmet Stanton IV (STANTON), Assistant State AttorneyVincent Patrick Petty (PETTY), Assistant State Attorney- Bryan Sarabia (SARABIA), State
Attorney- Gail Mahoney (MAHONEY), and State Attorney- Michael Halkitis (HALKITIS) were
employed by Bernie McCabe State Attorneys West Pascos Office, acted under the color of law
and are being sued in their individual capacities.
16. At all times relevant hereto and in all their actions described herein, DEFENDANTS
Laboratory Analyst- Davis P. Blanchard (BLANCHARD) and Debra Overfield (OVERFIELD)
were employed by the Florida Department of Law Enforcement (FDLE), acted under the color of
law, and are being sued in their individual capacities.
17. At all times relevant hereto and in all their actions described herein, DEFENDANTS
Daniel Laurenti (LAURENTI), Christopher Littlepage (LITTLEPAGE), James Swanquist
(SWANQUIST), were alleged accident witnesses who are citizens of Florida who agreed to
conspire with public officials, under the color of law, and are being sued individually.
18. At all times relevant hereto and in all their actions described herein, DEFENDANT
Dr. Richard Carpenter (CARPENTER) and Dr. Peter Bursten (BURSTEN) fraudulently
diagnosed PLAINTIFF as incompetent to proceed, are residents of Florida, agreed to conspire
with public officials, acted under the color of law, and are being sued individually.
19. At all times relevant hereto and in all their actions described herein, DEFENDANT
Dennis Watson (WATSON) and Scott Tremblay (TREMBALY) were PLAINTIFFS appointed
attorneys who agreed to conspire with the State Attorneys Office, acted under the color of law,
and are being sued in their individual and professional capacities.
FACTUAL ALLEGATIONS
20. On December 28, 2007, at approximately 1:50 a.m., PLAINTIFFS vehicle rolled
Case 8:11-cv-291-T-30-TBM
Page 6 of 41
over once after PLAINTIFFS car swerved to avoid an accident when a taxi cut his vehicle off.
PLAINTIFFS car landed upside down on the side of the road where PLAINTIFF crawled out of
the vehicle, lost consciousness, and was immediately taken to Medical Center.
21. On information and belief, at 2:50 a.m., EVANS, identified PLAINTIFF by license
plate to be the uninsured owner of the wrecked vehicle. EVANS notified Medical Center of
these facts, then without probable cause, Medical Center agreed to save a sample of
PLAINTIFFS knowingly contaminated blood.
22. Between 2:00 and 3:40 a.m., Medical Center staff KRAMP, or WEEKS, or ZRIED,
or J. HARVEY, or L. HARVEY, or CLARK, or INGLE, or all performed unnecessary medical
procedures utilizing toxic agents, which physically harmed PLAINTIFF. Attending staff also
failed to cast PLAINTIFFS broken arm which caused slight permanent disfigurement.
23. At 3:40 a.m., a fully conscious PLAINTIFF informed attending staff that they were
not permitted to withdraw blood, but they proceeded to anyway. At this time all medical
procedures were completed.
24. Between December 28, 2007 and January 8, 2008, on information and belief,
EVANS, KRAMP, or WEEKS, or ZRIED, or J. HARVEY, or L. HARVEY, or CLARK, or
INGLE, or BUCHINSKY, or REBOSIO, or AITKEN, or TRAIGER, or HOLT, or all and
alleged witnesses LITTLEPAGE, LAURENTI, and SWANQUIST agreed to conspire with State
Attorneys STANTON, or MAHONEY, or HALKITIS or all, who on information and belief,
investigated, then ordered and directed DEFENDANTS to use the illegally seized, contaminated
blood and test results on the uninsured PLAINTIFF in order to collect fees from inflated medical
bills and restitution from false criminal charges under bankruptcy code 523(a)(9).
25. 1/08/08 PLAINTIFF received DUI tickets by certified mail, signed by EVANS,
Case 8:11-cv-291-T-30-TBM
Page 7 of 41
claiming PLAINTIFF was arrested and had a mandatory court appearance for a DUI.
26. From December 28, 2007 up until present, DEFENDANTS conspired to destroy/
withhold exculpatory evidence, which includes, but is not limited to: medical records proving
contrast dye was used; computer aided dispatch (CAD) proving EVANS was the only law
enforcement at the accident scene; photos proving how the accident occurred; and blood tests
proving any ethanol in PLAINTIFF was denatured medical alcohol contained in contrast dye
used for CT scans. DEFENDANTS then began to fabricate such evidence in order to invent
probable cause for a crime which never occurred.
27. 1/15/08 FHP released a crash report claiming PLAINTIFFS car skidded off the
road, hit head-on into a telephone pole at 80 mph, and airbags deployed. This did not happen.
28. 2/05/08 Medical Center was trying to take a loan out in PLAINTIFFS name
without his knowledge, so PLAINTIFF put out a fraud alert to the credit agencies. At this point
in time Medical Center discounted PLAINTIFFS bill by $10,000.
29. 2/28/08 STANTON released knowingly fabricated discovery to PLAINTIFF which
included: (1) witness statements signed by LITTLEPAGE, SWANQUIST, and witnessed by
SNURE claiming PLAINTIFFS car flipped 5 times, and that PLAINTIFF was drinking and
talking; (2) crash report written by EVANS claiming PLAINTIFFS car hit head on into a
telephone pole and that no pictures were taken; (3) false dui reports, signed by EVANS, claiming
PLAINTIFF was drinking and talking; (4) an implied consent form signed by EVANS and
ZRIED claiming PLAINTIFF agreed to a blood draw. No blood test results or photos were
included. (PLAINTIFF was not drinking, was unconscious, had a broken jaw, and couldnt talk)
30. 3/19/08 SARABIA showed PLAINTIFF false blood test results of .244 and .245
dated 2/4/08 and signed by BLANCHARD, but would not give the results to PLAINTIFF.
Case 8:11-cv-291-T-30-TBM
Page 8 of 41
31. 3/20/08 STANTON handed PLAINTIFF false and altered blood test results now
stating .224 and .225.
32. Between 3/20/08 and 4/11/08, first Judge kept on ignoring PLAINTIFFS request to
represent self. Judges secretary stated, Oh ya, so you think you can represent yourself.
33. 3/31/08 Medical Center released falsified medical records to PLAINTIFF which
times of the procedures performed by ZRIED, CLARK, J. HARVEY, and WEEKS were altered.
Records were electronically signed by KRAMP, L. HARVEY, J. HARVEY, and INGLE and
falsely state without contrast.
34. 4/02/08 - After numerous failed attempts in person to obtain public information of
the time of the ambulance ride on 12/28/07, PLAINTIFF recorded Fire Rescue 911 narrative
dispatch, word for word, by phone which stated: possible roll over, and unknown injuries
after paramedics arrived.
35. 4/16/08 PLAINTIFF submitted a motion to suppress and photos to State Attorneys
office providing evidence the accident did not occur head on as EVANS claimed in crash report.
- Witness LITTLEPAGE updated MySpace page with a photo of a FHP
State Trooper vehicle in order to keep pretending he was a State Trooper.
36. 5/02/08 PLAINTIFF requested State to release any Brady material from FHP.
37. 5/07/08 After months of requesting a public information request, HOLT released
a public information request which was altered from the 911 dispatch on April 2, 2008, now
stating: flipped, unknown injuries before paramedics arrived, and also that WREC was
notified at 2:19 a.m.
38. Between 5/02/08 and 5/19/08 PLAINTIFF recorded a phone conversation with
HARRIS in order to have proof of the time EVANS was dispatched on 12/28/07. HARRIS
Case 8:11-cv-291-T-30-TBM
Page 9 of 41
played music over the phone while she told PLAINTIFF to get in line with the rest of them. In
an other recorded conversation with an unknown Trooper, PLAINTIFF was informed only
EVANS was on scene.
39. 5/19/08 PLAINTIFF again requests State to release any Brady material it has.
40. 5/20/08 After months of requesting a public information request from FHP, after
telling Bayonet Point Medical Center to stop illegally releasing PLAINTIFFS records, and after
trying to have Judge set a suppression hearing date, FHP, Judge, and Hospital coordinated the
release of the following information:
1) FITZGIBBON released fraudulent FHP CAD report now claiming
two Troopers were on scene 12/28/07. Times were also altered.
2) BUCHINSKY mailed denial of PLAINTIFFS request to not release records.
3) Judge mailed a suppression hearing date set for June 30, 2008.
4) LITTLEPAGE updated his MySpace page again.
41. May 2008, PLAINTIFF called WREC and was informed that WREC was dispatched
on 12/28/07 at 3:48 a.m. for their telephone pole being knocked down. MOLNAR did not call
back to let PLAINTIFF know if she was going to put the information on WREC letterhead as
suggested. PLAINTIFF called back to record the information, but it already had been taken off
WREC computers. If PLAINTIFF did not record this conversation, MOLNAR would have
altered WRECs dispatch time which proves Fire Rescue and PCSO are withholding exculpatory
evidence and fabricating CAD reports to invent probable cause.
42. 6/06/08 After months of PCSO denying they were on scene, REED released
a forged public information CAD report now stating four PSCO deputies were on scene.
43. 6/09/08 PCSO informed PLAINTIFF that the public information request (forged
audio by SNURE) would be ready to be picked up at the sheriffs office on June 12, 2008.
44. 6/12/08 PLAINTIFF went to PCSO and asked if it was the proper place to pick up
Case 8:11-cv-291-T-30-TBM
Page 10 of 41
a public information request. Officer refused to talk to PLAINTIFF unless PLAINTIFF signed
his name in. PLAINTIFF signed the name Fuck You in chicken scratch.
45. PLAINTIFF then left outside to ask two people who were standing near the entrance
if they knew where to pick up public information requests. It was at this time SOBCZYK,
SMITH and three other unknown officers opened the door and pulled PLAINTIFF back into the
building by his arm.
46. The officers then brought PLAINTIFF to the ground while twisting his arms behind
his back and handcuffing him causing his wrists to bleed. PLAINTIFF could not leave until he
supplied his real name and signed the arrest affidavit. PLAINTIFF was charged with obstructing
justice. This occurred on camera.
47. 6/16/08 OVERFIELD released knowingly fraudulent blood test data signed by
BLANCHARD. FDLE data scientifically proves contrast dye was used, that Medical Center
illegally released medical records, and that the ethanol results mathematically come to .316, .318,
.321, and .323 not .224, .225 or .244, .245. The results also showed acetone, methanol, and
isopropanol had been erased even though they had hits.
48. 6/30/08 During suppression hearing, PETTY lied to court stating PLAINTIFF
never submitted signed motions and that PLAINTIFF never discovered photos to State
Attorneys Office. PETTYS actions gave the impression PLAINTIFFS car hit head on.
49. PETTY and EVANS presented the knowingly false blood test results as evidence.
PETTY knew EVANS presented perjured testimony -- giving the impression the alcohol was
from alcoholic beverages and not from medical procedures. Also, gave the impression that
EVANS was talking with PLAINTIFF and that PLAINTIFF gave EVANS permission to draw
blood. PLAINTIFF did not.
Case 8:11-cv-291-T-30-TBM
Page 11 of 41
50. Judge ignored PLAINTIFFS objections of PETTYS misconduct, but then took
PLAINTIFFS right to self-representation away.
51. 7/07/08 PETTY submitted the knowingly fraudulent FHP CAD report as discovery.
52. 7/20/08 - PLAINTIFF filed a complaint with the Florida Bar about PETTY.
53. 7/21/08 PETTY retaliated against PLAINTIFF for filing a complaint with the
Florida Bar by filing an information on the arrest from 6/12/08, but PETTY amended the charge
to a disorderly conduct.
54. 8/18/08 PETTY submitted the fraudulent PCSO CAD report as discovery.
55. 8/26/08 PLAINTIFF submitted audio of PCSO denying they were on scene 12/28.
- PLAINTIFF requested a Richardson Hearing to address the violations.
56. 3/03/09 PETTY had an emergency motion to strike PLAINTIFFS subpoenas
for cell phone records as irrelevant, but third Judge ordered the phone records by 4/17/09 and
told PLAINTIFF to have any motions ready by 4/22/09.
55. 4/22/09 Verizon coordinated the release of their subpoena response on 4/22/09
which prevented PLAINTIFF from attaching his exhibits to his motion to dismiss. Judge denied
PLAINTIFFS request for leave of court to attach his exhibits to his motion to dismiss and then
denied PLAINTIFFS motion to dismiss for lack of evidence.
56. 5/07/09 MULCAHYS response to a subpoena for records claimed AT&T has no
911 cell phone records on 12/28/07 because AT&T does not keep records of non-billable calls.
57. 5/22/09 PLAINTIFF submitted emails of FHP and PCSO as evidence.
58. 7/19/09 PETTY submitted the knowingly fraudulent Fire Rescue CAD as discovery.
59. 9/04/09 BURSTEN came to interview PLAINTIFF, but PLAINTIFF informed
BURSTEN that PLAINTIFF would like to talk to an attorney before he does anything, then
directed BURSTEN to a website. Next, PLAINTIFF wrote a letter to Judge stating the case could
Case 8:11-cv-291-T-30-TBM
Page 12 of 41
not proceed to trial on knowingly false testimony. PLAINTIFF then left the room.
60. 10/01/09 In an attempt to avoid a lawsuit, BURSTEN conspired with State
Attorneys and agreed to find PLAINTIFF incompetent to proceed. BURSTEN falsely claimed
that PLAINTIFF stated he was framed on video and that PLAINTIFF was tense, and shaky. Any
allegations by BURSTEN about PLAINTIFFS words or actions are completely false.
61. Between August 2009 and April 2010 PLAINTIFFS appointed attorney, WATSON,
talked to PLAINTIFF once and told PLAINTIFF the charges were going to be dismissed on
April 15, 2010-- they were not.
62. 4/08/10 Felicia Martinez, Coordinator to the President of AT&T, informed
PLAINTIFF by emails that all cell phone calls, including e911 calls, are kept for 18 months
online. This proves MULCAHY withheld the fact that there was no phone call at all from
SWANQUIST and that SWANQUIST did hoax a 911 call in collusion with State to invent
probable cause.
63. 4/13/10 PLAINTIFF submitted recorded audio of Verizon Wireless from 4/9/10 to
State Attorneys Office. Verizon stated there are no phone records of a 911 call on 12/28/07
because there was no phone call made to 911 and if there was, it would show on the phone
records. The Verizon cell phone records, or lack thereof, prove REBOSIO, AITKEN,
OBROCTO, SNURE, SCHRECK, LITTLEPAGE, LAURENTI, and SWANQUIST hoaxed 911
calls, falsified witness statements and CAD reports in order to invent probable cause. Fire rescue
audio from 4/2/08 was submitted to State which contradicts States evidence from 7/19/09.
64. 5/10/10 CARPENTER went to Land O Lakes jail to evaluate PLAINTIFF, but
informed PLAINTIFF he would wait to evaluate him after PLAINTIFF received his discovery.
65. 5/13/10 CARPENTER never waited until PLAINTIFF received his discovery, but
Case 8:11-cv-291-T-30-TBM
Page 13 of 41
submitted a fraudulent report claiming he fully evaluated PLAINTIFF and diagnosed him as
delusional based on false allegations that PLAINTIFF talked to him.
66. Between 4/16/10 and 4/25/11 PLAINTIFF was held with 0 bond on misdemeanor
charges and never talked to attorney TREMBLAY who was appointed around July 2010.
67. PLAINTIFF filed a writ of habeas corpus for a bond to the Supreme Court of Florida
and was denied as unauthorized. Court informed PLAINTIFF not to ask for any more relief.
68. TREMBLAY, refused to address the findings of incompetency, the due process
violations, failed to get a bond, and refused to communicate with PLAINTIFF. PLAINTIFF
informed TREMBLAY by mail to dismiss the charges for due process violations or at least for
incompetence in which the charges should have been dismissed for on 10/01/10.
69. 4/14/11 Charges were dismissed due to PLAINTIFFS alleged incompetence, but
apparently not all related charges . A Richardson Hearing was never conducted to address the
due process violations. This case has been in front of three trial judges. PLAINTIFFS right to
self representation was impeded on three times. The higher courts ignore the corruption in the
lower court.
70. 7/22/11 State is aware PLAINTIFF was adjudicated competent and has not refiled
charges. PLAINTIFF therefore is claiming termination in his favor.
71. 10/05/11 Judge dismissed the remaining charges and State raised no objections.
FEDERAL CAUSES OF ACTION
72. PLAINTFF repeats, reiterates, and realleges as part of this cause of action each and
every allegation contained in paragraphs 1 through 71 inclusive in this complaint with the same
force and effect as if fully set forth herein.
73. The hereinabove described actions and omissions, engaged in under color of state
Case 8:11-cv-291-T-30-TBM
Page 14 of 41
Case 8:11-cv-291-T-30-TBM
Page 15 of 41
Case 8:11-cv-291-T-30-TBM
Page 16 of 41
That this Court award PLAINTIFF compensatory damages against Bayonet Point
individually, to punish those individual DEFENDANTS for their unlawful actions and to deter
Case 8:11-cv-291-T-30-TBM
Page 17 of 41
those individual DEFENDANTS and others from engaging in the same or similar acts in the
future.
D.
That this court have all civil transcripts and evidence turned over to the U.S. Justice
Case 8:11-cv-291-T-30-TBM
Page 18 of 41
fuck you and refusing to give his real name while asking for a public information request. The
arrest was objectively unreasonable and without foundation in the law.
98. DEFENDANTS knew that there was no lawful basis to arrest/charge WARDER, but
instead forced PLAINTIFF to the ground, handcuffed PLAINTIFF causing him to bleed at the
wrists, and detained PLAINTIFF over an hour in retaliation for PLAINTIFF writing fuck
you as a name and refused to let PLAINTIFF leave unless he signed the arrest affidavit.
99. WARDER suffered damages as a direct result of the unconstitutional arrest and
detainment by DEFENDANTS. Plaintiffs damages consist of infringement upon his First and
Fourth Amendment rights as well as physical and emotional injuries from unnecessary force,
psychological harm, and loss of capacity for the enjoyment of life.
WHEREFORE, PLAINTIFF prays for the following relief:
A.
That this Court take jurisdiction over the parties and this cause;
B.
That this Court award Plaintiff compensatory damages against for infringement of
his constitutional rights pursuant to 42 U.S.C. 1983,and for injury to his person.
C. That this Court award PLAINTIFF punitive damages against DEFENDANTS
SMITH, SOBCZYK, and John Does individually, to punish those individual DEFENDANTS for
their unlawful actions and to deter those individual DEFENDANTS and others from engaging in
the same or similar acts in the future.
D. That this Court award Plaintiff all other relief in law and in equity to which he may
be entitled.
COUNT III
(Federal Fourteenth Amendment Violations outrageous misconduct / access to court/)
100. PLAINTIFF realleges the allegations set forth in paragraphs 20 through 99, and
Case 8:11-cv-291-T-30-TBM
Page 19 of 41
Case 8:11-cv-291-T-30-TBM
Page 20 of 41
hearing when discovery violations are brought to the attention of the court. PLAINTIFF asked
the court to conduct a Richardson Hearing on August 26, 2008 for the due process violations.
Court then fraudulently diagnosed PLAINTIFF as delusional and psychotic to avoid a hearing to
address the due process violations. Still, until this day, no hearing has been held.
105. WARDER suffered damages as a direct result of the outrageous conduct and
unconstitutional due process violations by the DEFENDANTS.
106. PLAINTIFFS damages consist of infringement upon his Fouth and Fourteenth
Amendment right as well as well as false accusations of regarding PLAINTIFFS sanity,
anxiety, physical (unexplained rashes, hair loss, weight loss) and emotional injuries,
psychological harm, traveling costs, investigatory costs as well as loss of employment
opportunity at an environmental firm, loss of capacity for the enjoyment of life, and liberty
while PLAINTIFF defended himself at numerous court hearings and of trying to obtain the
exculpatory information which was either intentionally destroyed or is being withheld.
WHEREFORE, PLAINTIFF prays for the following relief:
A.
That this Court take jurisdiction over the parties and this cause;
B.
A declaratory judgment that the policies, practices, and acts complained of are
charges related to the accident from December 28, 2007. (writ of prohibition)
D. That this Court award PLAINTIFF compensatory damages against DEFENDANTS
for infringement of his constitutional rights pursuant to 42 U.S.C. 1983, and for injury to his
person.
F. That this Court award PLAINTIFF punitive damages against DEFENDANTS
Case 8:11-cv-291-T-30-TBM
Page 21 of 41
individually, to punish those individual DEFENDANTS for their unlawful actions and to deter
those individual DEFENDANTS and others from engaging in the same or similar acts in the
future.
F. That this court have all civil transcripts and evidence turned over to the U.S. Justice
Department to prosecute DEFENDANTS under 18 USC 241.
G. That this Court award PLAINTIFF all other relief in law and in equity to which he
may be entitled.
COUNT IV
(Federal/State Law Claim Conspiracy /Malicious Prosecution 12/28/07 through 10/5/11)
107. PLAINTIFF realleges the allegations set forth in paragraphs 21 through 106.
108. This Court has jurisdiction over this state law cause of action because
PLAINTIFFS other claims involve Federal Questions and this Court has supplemental
jurisdiction pursuant to 28 U.S.C. 1367.
109. This is an action for damages against brought Bayonet Point Regional Medical
Center, EVANS, KRAMP, WEEKS, ZRIED, L. HARVEY, J. HARVEY, INGLE, CLARK,
BUCHINSKY, LITTLEPAGE, LAURENTI, SWANQUIST, STANTON, MAHONEY,
HALKITIS, CARTER, HARRIS, FITZGIBBON, MADILL, REED, SNURE, SCHRECK,
OBROCTO, FITTS, HOLT, TRAIGER, CICCARELLO, REBOSIO, AITKEN, MOLNAR,
MULCAHY, BLANCHARD, OVERFIELD, WATSON, TREMBLAY, BURSTEN, and
CARPENTER under the laws of the State of Florida based on the malicious prosecution of
PLAINTIFF and the Federal Fourth Amendment continuous seizure doctrine.
110. This claim for malicious prosecution is filed within the applicable statute
of limitations. The right to maintain a suit for malicious prosecution arises upon termination of
the prosecution favorably to the PLAINTIFF. In this instance, the cause of action did not arise
Case 8:11-cv-291-T-30-TBM
Page 22 of 41
until the charges were dismissed against PLAINTIFF on October 5,2011. The four year statute of
limitations does not run until October 5, 2015.
111. PLAINTIFF has been adjudicated competent since July 22, 2011 and State has not
refiled charges, therefore PLAINTIFF is claiming termination in his favor.
112. DEFENDANTS Bayonet Point Regional Medical Center, EVANS, KRAMP,
WEEKS, ZRIED, L. HARVEY, J. HARVEY, INGLE, BUCHINSKY, TRAIGER, HOLT,
REBOSIO, AITKEN, LITTLEPAGE, LAURENTI, SWANQUIST, STANTON, MAHONEY,
and HALKITIS knew at the time they made the decision to draw blood and arrest/charge
WARDER, that there was no probable cause, arguable probable cause or reasonable suspicion to
arrest/charge WARDER for having avoided a taxi who cut-off PLAINTIFF while he was driving
on the night of December 28, 2007 or for any other reason.
113. DEFENDANTS Bayonet Point Regional Medical Center, EVANS, KRAMP,
WEEKS, ZRIED, L. HARVEY, J. HARVEY, INGLE, CLARK, BUCHINSKY, LITTLEPAGE,
LAURENTI, SWANQUIST, STANTON, MAHONEY, HALKITIS, CARTER, HARRIS,
FITZGIBBON, MADILL, REED, SNURE, SCHRECK, OBROCTO, FITTS, HOLT,
CICCARELLO, REBOSIO, AITKEN, MOLNAR, MULCAHY, BLANCHARD, OVERFIELD,
WATSON, TREMBLAY, BURSTEN, and CARPENTER were or conspired with public
officials and knew that at the time they were illegally withholding exculpatory information,
fabricating inculpatory information, and interfering with PLAINTIFFS civil rights, but
continued their reckless, willful, malicious, intentional, and oppressive actions.
114. BURSTEN and CARPENTER continued the prosecution by fraudulently
diagnosing PLAINTIFF as psychotic and delusional.
114. DEFENDANTS Bayonet Point Regional Medical Center, EVANS, KRAMP,
Case 8:11-cv-291-T-30-TBM
Page 23 of 41
Case 8:11-cv-291-T-30-TBM
Page 24 of 41
120. PLAINTIFF has suffered damages as a direct and proximate result of the malicious
prosecution on false charges, PLAINTIFFS damages consist of infringement upon his Fouth and
Fourteenth Amendment right as well as well as false accusations of regarding PLAINTIFFS
sanity, anxiety, physical (unexplained rashes, hair loss, weight loss) and emotional injuries,
psychological harm, traveling costs, investigatory costs as well as loss of employment
opportunity at an environmental firm, loss of capacity for the enjoyment of life, and liberty
while PLAINTIFF defended himself at numerous court hearings and of trying to obtain the
exculpatory information which was either intentionally destroyed or is being withheld.
WHEREFORE, PLAINTIFF prays for the following relief:
A.
That this Court take jurisdiction over the parties and this cause;
B.
COUNT V
(Federal/State Law Claim Malicious Prosecution 6/12/07 through 10/5/11)
121.
PLAINTIFF realleges the allegations in paragraphs 43 through 46, 52, and 53.
122. This Court has jurisdiction over this state law cause of action because
PLAINTIFFS other claims involve Federal Questions and this Court has supplemental
jurisdiction pursuant to 28 U.S.C. 1367.
123.
SOBCZYK, John Does, and PETTY under the laws of the State of Florida based on the
malicious prosecution of PLAINTIFF and the Federal Fourth Amendment continuous seizure
doctrine.
124. This claim for malicious prosecution is filed within the applicable statute
of limitations. The right to maintain a suit for malicious prosecution arises upon termination of
Case 8:11-cv-291-T-30-TBM
Page 25 of 41
the prosecution favorably to the PLAINTIFF. In this instance, the cause of action did not arise
until the charges were dismissed against PLAINTIFF on April 14, 2011. The four year statute of
limitations does not run until April 14, 2015.
124. This Court is authorized to award PLAINTIFF damages for infringement of his
constitutional rights pursuant to 42 U.S.C. 1983.
125. The Fourth Amendment to the United States Constitution provides that the right of
the people to be secure in their persons, houses, papers, and effects, against unreasonable
searches and seizures, shall not be violated, and no warrant shall issue but upon probable
cause.
126. PLAINTIFF has a right engage in offensive criticism of government officials.
127. No probable cause existed to detain or arrest WARDER and no reasonable official
could have believed WARDER was committing a crime by writing the fictitious name fuck
you and refusing to give his real name while asking for a public information request. The
charge and prosecution was objectively unreasonable and without foundation in the law.
128.
DEFENDANTS knew that there was no lawful basis to charge WARDER, but
after
PLAINTIFF filed a complaint with the Florida Bar, PETTY investigated the incident, had PCSO
intentionally destroy the tape, then filed disorderly conduct charges against PLAINTIFF.
129. PLAINTIFF has suffered damages as a direct and proximate result of the malicious
prosecution on false charges, including loss of his freedom, physical discomfort, pain and
suffering, false accusations regarding his sanity, loss of capacity for the enjoyment of life,
and lost income.
WHEREFORE, PLAINTIFF prays for the following relief:
A.
That this Court take jurisdiction over the parties and this cause;
Case 8:11-cv-291-T-30-TBM
B.
Page 26 of 41
130. PLAINTIFF realleges the allegeations set forth in paragraphs 61 through 64 and
incorporates those allegations in this Count.
131. This is an action against TREMBLAY for failing to provide effective counsel.
132. This Court is authorized to award PLAINTIFF damages for infringement of his
constitutional rights pursuant to 42 U.S.C. 1983.
133. The Sixth Amendment right to counsel means effective counsel.
134. TREMBLAY conspired with State Attorneys, under the color of law, and refused
to investigate case, refused to address the findings of incompetency, the due process violations,
failed to get a bond, and refused to communicated with PLAINTIFF about the facts of the case.
PLAINTIFF informed TREMBLAY by mail to file a habeas corpus to the higher courts for a
bond, to dismiss the charges for due process violations or at least for incompetence in which the
charges should have been dismissed for on 10/01/10. TREMBLAY wrote no motions and never
communicated to PLAINTIFF; ever.
135. TREMBLAYS actions and inaction cost PLAINTIFF to sit in jail for a year on no
bond for misdemeanors in violation of the Eighth Amendment (reasonable bail). Since
PLAINTIFF was represented the jail refused to give PLAINTIFF legal material, which prevented
PLAINTIFF from discovering the presuit notice statutes costing PLAINTIFF claims against
State and its agencies.
136. WARDER suffered damages as a direct result of the unconstitutional violations by
TREMBLAY.
Case 8:11-cv-291-T-30-TBM
Page 27 of 41
That this Court take jurisdiction over the parties and this cause;
Case 8:11-cv-291-T-30-TBM
Page 28 of 41
economic losses, pain and suffering, capacity for enjoyment, and these damages will continue
in the future.
WHEREFORE, PLAINTIFF prays for the following relief:
A.
That this Court take jurisdiction over the parties and this cause;
Case 8:11-cv-291-T-30-TBM
Page 29 of 41
That this Court take jurisdiction over the parties and this cause;
COUNT IX
(State Claim Negligent Retention/ Training / Supervision)
150. PLAINTIFF realleges the allegations set forth in paragraphs 20 through 143,
excluding paragraphs 44, through 46 and incorporates those allegations in this Count.
151. This court has jurisdiction over this state law cause of action because PLAINTIFFS
other claims involve Federal Questions and this Court has supplemental jurisdiction pursuant to
28 U.S.C. 1367. This is an action that exceeds $75,000 in damages.
152. This is an action for damages against PASCOs, PCSOs, Fire Rescues, FHPs,
FDLE, and Bernie McCabe State Attorneys Offices brought under the laws of the State of
Florida for negligence in the training, supervision and instruction of its employees.
153. At all times material hereto, PASCOs, PCSOs, Fire Rescues, FHPs, FDLE,
and Bernie McCabe State Attorneys Offices were responsible for the training of public
officers in the performance of their duties as public officers and in particular in training public
officers how to make a proper arrest and investigations and that they trained DEFENDANTS in
making arrests and investigations and prosecutions in accordance with the statutes, ordinances,
regulations, customs and usages of the their respective agencies in Pasco County and State of
Florida, and whom were responsible for DEFENDANTS that engineered the arrest and
prosecution of PLAINTIFF on false charges of DUI beginning December 28, 2007 and ending
October 5, 2011.
Case 8:11-cv-291-T-30-TBM
Page 30 of 41
154. A reasonable governmental entity would have never charged PLAINTIFF or would
have taken remedial action by immediately intervening in the arrest and prosecution of
PLAINTIFF by directing its officers to dismiss charges against WARDER.
155. FHP and Bernie McCabe State Attorneys Office filed charges against PLAINTIFF,
and PASCO, Bernie McCabe State Attorneys Office, PCSO, Fire Rescue, FHP, and FDLE
actively assisted in the investigation and in the prosecution of PLAINTIFF on these false
charges.
156. PASCOs, PCSOs, Fire Rescues, FHPs, FDLE, and Bernie McCabe State
Attorneys Offices should have or did have actual knowledge of the actions that its employees
had arrested, had filed charges against him and had urged, encouraged and assisted in his
prosecution or was deliberately indifferent to the ongoing Constitutional violations.
157. PASCOs, PCSOs, Fire Rescues, FHPs, FDLE, and Bernie McCabe State
Attorneys Offices a duty of care to adequately train, instruct and supervise its employees in
policies and with respect to the application of state and local law, including the statutes
governing arrests and the withholding and falsifying of exculpatory public information/evidence
knowing it was going to be used as evidence in PLAINTIFFS trial.
158. PASCOs, PCSOs, Fire Rescues, FHPs, FDLE, and Bernie McCabe State
Attorneys Offices duty to PLAINTIFF by failing to adequately train, instruct and supervise
its employees whos acts were reckless, willful, malicious, intentional, and oppressive.
159. PASCOs, PCSOs, Fire Rescues, FHPs, FDLE, and Bernie McCabe State
Attorneys Offices, breached its duty to PLAINTIFF by failing to take any remedial action
following actual and imputed knowledge of the ongoing malicious prosecution of the
PLAINTIFF. That remedial action could have been taken as early as April 16, 2008, when
Case 8:11-cv-291-T-30-TBM
Page 31 of 41
PLAINTFF submitted photos to the State Attorneys Office proving that EVANS falsified a
crash report, or by June 30, 2008 at the suppression hearing when PLAINTIFF provided photos
which EVANS denied existed, or by August 26, 2008 when PLAINTIFF submitted audio to
State Attorneys Office of PCSO denying they were at the accident scene, or on May 22, 2009
when PLAINTIFF submitted Verizon phone records indicating no phone call as alleged, or when
State received the blood test data proving EVANS committed perjury on June 30, 2008, or on
April 13, 2010 when PLAINTIFF submitted dispatch audio and Verizon audio providing more
evidence of the fraud occurring by State and its agencies, or when being notified in person, by
emails, or phone conversations. Had DEFENDANTS been adequately trained, instructed and
supervised, those officials would not have arrested PLAINTIFF, would not have charged
PLAINTIFF and would not have encouraged and assisted in the prosecution of PLAINTIFF for a
non-existent crime.
160. The public officers are trained to falsely arrest, misinform the arrested, destroy
evidence, and threaten the arrested with more false charges. Bernie McCabes State Attorneys
discovery is nothing more than knowingly fabricated evidence by State Agencies and even
private companies in order to secure convictions- at all costs- of knowingly innocent victims.
161. PLAINTIFF suffered damages as a direct and proximate result of PASCO, PCSO,
Fire Rescue, FHP, and FDLE, failure to exercise reasonable supervision of its employees.
WHEREFORE , PLAINTIFF prays for the following relief:
A.
That this Court take jurisdiction over the parties and this cause;
B.
COUNT X
(State Law Claim conspiracy/abuse of process arrest and prosecution 12/28/07- 10/5/11)
Case 8:11-cv-291-T-30-TBM
Page 32 of 41
162. PLAINTIFF realleges the allegations set forth in paragraphs 20 through 149.
163. This Court has jurisdiction over this state law cause of action because
PLAINTIFFS other claims involve Federal Questions and this Court has supplemental
jurisdiction pursuant to 28 U.S.C. 1367.
164. This is an action for damages brought against DEFENDANTS EVANS, KRAMP,
WEEKS, ZRIED, L. HARVEY, J. HARVEY, INGLE, CLARK, BUCHINSKY, LITTLEPAGE,
LAURENTI, SWANQUIST, STANTON, MAHONEY, HALKITIS, CARTER, HARRIS,
FITZGIBBON, MADILL, REED, SNURE, SCHRECK, OBROCTO, FITTS, HOLT,
TRAIGER, CICCARELLO, REBOSIO, AITKEN, MOLNAR, MULCAHY, BLANCHARD,
OVERFIELD, WATSON, TREMBLAY, BURSTEN, and CARPENTER under the laws of the
State of Florida and based on the abuse of process.
165. This claim for abuse of process is filed within the applicable statute of limitations.
The right to maintain a suit for abuse of process arises upon an illegal, improper, or perverted use
of process. In this instance, the cause of action began on Dec 28, 2007 and did not terminate until
the charges were dismissed against PLAINTIFF on October 5, 2011. The four year statute of
limitations does not run until October 5, 2015.
166. DEFENDANTS conspired to maliciously file and pursue criminal charges against
PLAINTIFF on charges he did not commit for the improper purpose of financial gain by using
denatured medical alcohol on PLAINTIFF so PLAINTIFF could not discharge his inflated bills
even in bankruptcy.
167. PLAINTIFF was detained and prosecuted against his will because DEFENDANTS
knowingly and falsely claimed the denatured medical alcohol was drinking alcohol.
168. PLAINTIFF has suffered damages as a direct and proximate result of the abuse of
process on the prosecution of false charges, including loss of his freedom, physical discomfort,
Case 8:11-cv-291-T-30-TBM
Page 33 of 41
pain and suffering, false accusations regarding his sanity, loss of capacity of enjoyment for life
and lost income while defending himself against the charges.
WHEREFORE, PLAINTIFF prays for the following relief:
A.
That this Court take jurisdiction over the parties and this cause;
B.
COUNT XI
(State Law Claim conspiracy/ abuse of process adjudicating incompetent to proceed)
169. PLAINTIFF realleges the allegations set forth in paragraphs 59 through 156.
170. This Court has jurisdiction over this state law cause of action because
PLAINTIFFS other claims involve Federal Questions and this Court has supplemental
jurisdiction pursuant to 28 U.S.C. 1367.
171. DEFENDANTS BURSTEN, CARPENTER, WATSON, TREMBLAY,
HALKITIS, and PETTY conspired and abused the process by fraudulently diagnosing
PLAINTIFF incompetent to proceed in an attempt to shield EVANS, KRAMP, WEEKS,
ZRIED, L. HARVEY, J. HARVEY, INGLE, CLARK, BUCHINSKY, LITTLEPAGE,
LAURENTI, SWANQUIST, STANTON, MAHONEY, HALKITIS, SARABIA, PETTY,
CARTER, HARRIS, FITZGIBBON, MADILL, REED, SNURE, SCHRECK, OBROCTO,
FITTS, HOLT, CICCARELLO, REBOSIO, AITKEN, MOLNAR, JEANNE MULCAHY,
BLANCHARD, and OVERFIELD from any legal wrong doing. State then used
CARPENTERS and BURSTENS knowingly fraudulent diagnosis to dismiss the DUI charges
for incompetency instead of due process violations and never addressed the fabricated evidence.
172. DEFENDANTS knowingly false claim of PLAINTIFF to be incompetent kept the
case continuing when the case should have been dismissed for due process violations.
Case 8:11-cv-291-T-30-TBM
Page 34 of 41
173. PLAINTIFF has suffered damages as a direct and proximate result of the abuse of
process on the adjudication of incompetency, including loss of his freedom, physical discomfort,
pain and suffering, false accusations regarding his sanity, humiliation and embarrassment and
lost income while defending himself against the charges, and possibly a malicious prosecution
lawsuit.
WHEREFORE, PLAINTIFF prays for the following relief:
A.
That this Court take jurisdiction over the parties and this cause;
B.
COUNT XII
(State Law Claim intentional infliction of emotional distress 12/28/07- 4/25/11)
174. PLAINTIFF realleges the allegations set forth in paragraphs 21 through 173.
175. This Court has jurisdiction over this state law cause of action because
PLAINTIFFS other claims involve Federal Questions and this Court has supplemental
jurisdiction pursuant to 28 U.S.C. 1367.
176. This is an action for damages brought against DEFENDANTS EVANS, KRAMP,
WEEKS, ZRIED, L. HARVEY, J. HARVEY, INGLE, CLARK, BUCHINSKY, LITTLEPAGE,
LAURENTI, SWANQUIST, STANTON, MAHONEY, HALKITIS, PETTY, SARABIA,
CARTER, HARRIS, FITZGIBBON, MADILL, REED, SNURE, SCHRECK, OBROCTO,
FITTS, HOLT, TRAIGER, CICCARELLO, REBOSIO, AITKEN, MOLNAR, MULCAHY,
BLANCHARD, OVERFIELD, BURSTEN, CARPENTER, WATSON, and TREMBLAY for
intentional infliction of emotional distress.
177. DEFENDANTS intentionally and deliberately inflicted emotional distress on
Case 8:11-cv-291-T-30-TBM
Page 35 of 41
Case 8:11-cv-291-T-30-TBM
Page 36 of 41
COUNT XIII
(State Law Claim Medical Malpractice/ Defamation)
184. PLAINTIFF realleges the allegations set forth in paragraphs 59 and 60.
185. This Court has jurisdiction over this state law cause of action because
PLAINTIFFS other claims involve Federal Questions and this Court has supplemental
jurisdiction pursuant to 28 U.S.C. 1367.
186. This is an action for damages brought against BURSTEN under the laws of the state
of Florida for professional malpractice and defamation.
187. This claim for professional malpractice and defamation is filed within the
applicable statute of limitations. The right to maintain a suit for professional malpractice arises
upon the failure to meet the generally accepted standard of care normally expected of clinical
psychologists. In this instance, the cause of action began September 10, 2009 for BURSTENS
actions (PLAINTIFF became aware in mid October 2009).
188. BURTSEN falsely diagnosed PLAINTIFF in an attempt to help DEFENDANTS
avoid a lawsuit. BURSTENS diagnosis was not based on any factual psychological evidence,
but based upon false accusations.
189. DEFENDANT knowingly false claim of PLAINTIFF to be psychotic kept the
case continuing when the case should have been dismissed for due process violations.
190. PLAINTIFF has suffered damages as a direct and proximate result of the
adjudication of incompetency, including loss of his freedom, physical discomfort, pain and
suffering, false accusations regarding his sanity, humiliation and embarrassment and lost income
while defending himself against the charges, and possibly a malicious prosecution lawsuit.
WHEREFORE, PLAINTIFF prays for the following relief:
Case 8:11-cv-291-T-30-TBM
A.
Page 37 of 41
That this Court take jurisdiction over the parties and this cause;
B.
191. PLAINTIFF realleges the allegations set forth in paragraphs 64 and 65.
192. This Court has jurisdiction over this state law cause of action because
PLAINTIFFS other claims involve Federal Questions and this Court has supplemental
jurisdiction pursuant to 28 U.S.C. 1367.
193. This is an action for damages brought against CARPENTER under the laws of the
state of Florida for professional malpractice and defamation which began on May 13, 2010 for
CARPENTERS actions. The two year statute of limitations does not run until May 13, 2012 for
CARPENTERS actions.
194. This claim for professional malpractice is filed within the applicable statute of
limitations. The right to maintain a suit for professional malpractice arises upon the failure to
meet the generally accepted standard of care normally expected of clinical psychologists.
195. CARPENTER falsely diagnosed PLAINTIFF as delusional in an attempt to help
DEFENDANTS avoid a lawsuit. CARPENTERS diagnosis was not based on any factual
psychological evidence, but based upon false accusations.
196. DEFENDANT knowingly false claim of PLAINTIFF to be incompetent kept the
case continuing when the case should have been dismissed for due process violations.
197. PLAINTIFF has suffered damages as a direct and proximate result of the
adjudication of incompetency, including loss of his freedom, physical discomfort, pain and
suffering, false accusations regarding his sanity, humiliation and embarrassment and lost income
while defending himself against the charges, and possibly a malicious prosecution lawsuit.
Case 8:11-cv-291-T-30-TBM
Page 38 of 41
That this Court take jurisdiction over the parties and this cause;
Case 8:11-cv-291-T-30-TBM
Page 39 of 41
That this Court take jurisdiction over the parties and this cause;
B.
208. PLAINTIFF realleges the allegeations set forth in paragraphs 61 through 64 and
incorporates those allegations in this Count.
209. This Court has jurisdiction over this state law cause of action because
PLAINTIFFS other claims involve Federal Questions and this Court has supplemental
jurisdiction pursuant to 28 U.S.C. 1367.
210. TREMBLAY refused to investigate case, refused to address the findings of
incompetency, the due process violations, failed to get a bond, and refused to communicated
with PLAINTIFF about the facts of the case. PLAINTIFF informed TREMBLAY by mail to
file a habeas corpus to the higher courts for a bond, to dismiss the charges for due process
violations or at least for incompetence in which the charges should have been dismissed for on
10/01/10. TREMBLAY wrote no motions and never communicated to PLAINTIFF; ever.
211. TREMBLAYS actions and inaction cost PLAINTIFF to sit in jail for a year on no
bond for misdemeanors in violation of the Eighth Amendment (reasonable bail). Since
PLAINTIFF was represented the jail refused to give PLAINTIFF legal material, which prevented
PLAINTIFF from discovering the presuit notice statutes costing PLAINTIFF claims against
State and its agencies.
212. This claim for professional malpractice is filed within the applicable statute of
limitations. The right to maintain a suit for professional malpractice arises upon the failure to
Case 8:11-cv-291-T-30-TBM
Page 40 of 41
meet the generally accepted standard of care normally expected of a defense attorney.
213. WARDER suffered damages as a direct result of TREMBLAYS legal malpractice.
214. PLAINTIFFS damages consist of infringement upon his Sixth Amendment
right as well as a hearing for the due process violations, a fair competency evaluation by an
independent psychologist, and a bond which caused PLAINTIFFS incarceration for a year,
which in turned caused anxiety, physical and emotional injuries, psychological harm, loss of
capacity for the enjoyment of life, liberty, income, and claims against State and its agencies.
WHEREFORE, PLAINTIFF prays for the following relief:
A.
That this Court take jurisdiction over the parties and this cause;
______________
DATE
____________________________
SIGNATURE OF PLAINTIFF
Matthew Warder
12832 Post Road
Hudson, FL 34669
727-856-8729
Case 8:11-cv-291-T-30-TBM
Page 41 of 41