Huminski Federal Complaint Usdc (connecticut) - Draft 1

Facial attack upon unconstitutional harassment laws and corrupt police.
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1 In The United States District Court (Conn.) SCOTT HUMINSKI, for himself and ) Those similarly situated, ) PLAINTIFF ) v. ) CIVIL ACTION STATE OF CONNECTICUT, ) GOVERNOR SHUMLIN, ) DOCKET NO. STATE OF VERMONT, ) ATTORNEY GEN. WILLIAM SORRELL, ) GOVERNOR MALLOY, ) CONNECTICUT ATTY. GENERAL JEPSON, ) THE STATE OF ARIZONA, ) GOVERNOR JAN BREWER, ) ARIZONA ATTORNEY GENERAL HORNE, ) TOWN OF GILBERT, ARIZONA, ) GILBERT POLICE DEPARTMENT ) DETECTIVE DEBRA HARTIN, ) GILBERT POLICE JOHN DOE #1 ) TOWN OF WILTON CONNECTICUT, ) WILTON POLICE DEPARTMENT, ) DETECTIVE PETE TREHAN, ) JURY TRIAL DEMAND CITY OF SURPRISE, ARIZONA, ) SURPRISE POLICE DEPARTMENT, ) LT. JOHN BACON, ) LT. HAROLD BRADY, ) OFFICER HECTOR HEREDIA, ) POLICE OFFICER HECTOR HEREDIA, ) CITY OF NORWALK, CONNECTICUT, ) NORWALK POLICE DEPARTMENT, ) COMMONWEALTH OF MASSACHUSETTS, ) 2 MA A.G. MARTHA COAKLEY, ) GOV. DEVEL PATRICK, ) TIM DORN, ) DEFENDANTS. ) Complaint for Declaratory and Injunctive Relief Declaratory Action 28 USC § 2201, 42 USC § 1983, 42 USC §§ 1985(2),(3) NOW COMES, Scott Huminski ("Huminski") and hereby complains follows: INTRODUCTION This action constitutes a facial and as applied attack upon the harassment statutes of Connecticut and Arizona and the common law of Vermont as violative of the First Amendment, Due Process and that they are unconstitutionally vague and over-broad on their faces. This action also seeks declaratory and injunctive relief against law enforcement and governmental employees that issued threats against Huminski under the color of State harassment laws and colluded and conspired to violate Huminski’s rights, privileges and immunities secured under the United State Constitution. 42 U.S.C. § 1983, 42 U.S.C. §§ 1985(2),(3). Numbered Section of Complaint 1) Jurisdiction is proper under federal question jurisdiction, notably the constitutionality of State harassment statutes and threats issued under the color of State law. 2) All claims are brought jointly and severally. 3) No monetary damages or relief is sought in this lawsuit. 4) Huminski brings this action on his own behalf and on behalf of the 10 million residents of Arizona, Connecticut, Massachusetts and Vermont concerning the patently unconstitutional harassment laws of those States and zeal of law enforcement to use State law to obstruct civil litigation and other protected expression. 3 5) All claims are brought in individual and official capacities and, as this matter constitutes a facial challenge upon State statutes, the Governors and Attorney Generals of the various states have been included as defendants. 6) Surprise, Arizona police officer, Hector Heredia, issued a written email threat against Huminski under the color of AZ Rev. Stat. § 13-2921 stating as follows: This is Officer H. Heredia #2019 from the Surprise Police Department. I would like to inform you that Mr. Michael [sic] Nelson filed a harassment complaint with this department today. Mr. Huminski I would like to set up an interview with you reference this harassment allegation. My scheduled work days are Wednesday through Saturday 6:00 A.M. to 4:00 P.M. Please do not have any type of contact with either Michael [sic] Nelson or Anthony Tsontakislaw until I speak with you and hear your side. You can call me at 623-222-4262 to set up an interview or leave a message when you will be able to come during the mentioned work days and hours. Thank-you. (emphasis added) 7) The Heredia email was issued the day prior to a civil hearing in an Arizona court case Huminski v. Nelson. Anthony Tsontakislaw[sic] was the attorney for defendant Mr. Nelson. The civil matter was to secure a restraining order against Justin Nelson to protect Huminski, his wife and his minor niece and nephew who Nelson admittedly showed a sadistic interest in. Mr. Nelson issued death threats against Huminski and his wife. Justin M. Nelson (murdered in October, 2012 related to this litigation) admitted he was the closest friend and advisor of Sheriff Joseph Arpaio and discussed matters related to this litigation at family breakfast with Sheriff Joe Arpaio, allegedly putting Huminski in the crosshairs of Sheriff Arpaio and the Maricopa County Sheriff’s Office for retaliation. Mr. Nelson indicated that he was a practicing sadist and wish to have sadistic contact with Huminski’s minor niece and nephew in Connecticut. Nelson had made efforts to track down Huminski’s niece and nephew in Connecticut. 8) Mr. Nelson was a law enforcement insider in Arizona and a close friend and advisor of Sheriff Arpaio, Officer Heredia engaged in the threat against civil litigation in solidarity with Sheriff Arpaio and to protect the Sheriff’s close friend, Justin Nelson, a law enforcement insider. Noteworthy is the issue that Mr. Nelson’s attorney, Anthony Tsontakis, is legislative counsel for the Arizona legislature and also a strong supporter and friend of Sheriff Arpaio. Upon information and belief, Officer Heredia issued the threat prohibiting litigation with Mr. Tsontakis to support a politically well-connected legislative counsel Anthony Tsontakis and a close friend and advisor of Sheriff Arpaio. 9) Surprise, Arizona police officer, Hector Heredia, stated the following in police taped telephone conversations with Huminski (emphasis added), 4 OFFICER HEREDIA: OK. I can only ask you not to contact these two people, ok? Whether you do or not is entirely up to you – MR. HUMINSKI: And that’s a crime. OFFICER HEREDIA: Yes. And if you do continue, you may be – you may be looking into a harassment charge being filed against you, and it could go criminal. MR. HUMINSKI: Well, guess what? Guess what? You might be looking to obstruct some justice – OFFICER HEREDIA: OK. MR. HUMINSKI: Hello? OFFICER HERETIA: Hello, is this Mr. Huminski? MR. HUMINSKI: Oh, yes, it is. Is this the guy who threatened me? OFFICER HERETIA: This is Officer Heretia from the Surprise Police Department. MR. HUMINSKI: Right – OFFICER HERETIA; Okay – MR. HUMINSKI: You understand you’re engaging in obstruction of justice – OFFICER HERETIA: Well, sir – 10) The U.S. District Court (Arizona), Huminski v. Surprise, 2:2011-cv-00896 , in its final order, dated 5/29/2012, acknowledged that the statute involving the Surprise police threats was AZ Rev. Stat. § 13-2921 and stated as follows: “Mr. Huminski asserts in his motion for partial summary judgment that A.R.S. § 13-2921 is unconstitutionally vague and overbroad. This statute concerns harassment, and apparently is the statute under which Mr. Huminski might have been charged with harassing Nelson and his attorney.” “In his final motion for partial summary judgment, Mr. Huminski again makes various arguments regarding A.R.S. § 13-2921. Doc. 125.” 11) Surprise officials John Bacon and Harold Brady assisted Heredia in his obstruction of justice and related torts and participated in the authoring of Court filings that attempted to ensure the lifetime threats against Huminski’s protected expression survive court scrutiny. Huminski still has claims against the estate of Justin M. Nelson, Anthony Tsontakis, Debra Riffel and Trevor Nelson that are being obstructed by Surprise’s perpetual threat against civil litigation. 12) Gilbert, Arizona police detective, Debra Hartin, in a written email issued under the color of AZ Rev. Stat. § 13-2921 and C.G.S. § 53a-183 obstructed probate/estate litigation and 5 other torts to be filed in the U.S.D.C. (Arizona and now Florida) against Police Officer Bruce Hume of the Norwalk, Connecticut police when she stated as follows, “Detective Pete Trahan with Wilton Conn. Police Department has requested we inform you to stop contacting your brother Bruce. If you do not stop contacting Bruce you will be arrested.” 13) Concerning her threat against litigation to be brought in the federal courts, Detective Hartin states, “I am not involved in your father’s estate and did not take on fiduciary responsibility by passing on a directive from another agency. That is called an agency assist which police departments do for one another.” 14) Det. Hartin knew of the estate and other court matters and proceeded to issue threats to obstruct justice concerning matters to be filed in the United States District Court. The mere fact that another police agency requested that Detective Hartin to obstruct matters to be filed in the United States Courts does not add legitimacy to the obstruction to aid a fellow police officer with financial/court matters by obstructing justice. The interstate law enforcement conspiracy against the rights of Huminski is an aggravating factor concerning the illegal conduct of police. Huminski is waiting to bring claims against Bruce Hume of the Norwalk, Connecticut Police in the United States District Court (Florida) for estate issues, destruction of property torts and destruction/conversion of physical Court records and litigation work product and on-going constitutional torts. This planned litigation is currently obstructed via police threats of arrest under color of law and the plain language of the Arizona and Connecticut harassment statutes. 15) Detective Trehan, of the Wilton Police, confirmed in a telephone call that Huminski’s arrest would be pursuant to C.G.S. § 53a-183 if he had any contact with Hume of the Norwalk police department and Detective Trahan confirmed that there was communication and conspiracy between the Wilton, Norwalk and Gilbert police related to the silencing of Huminski with threats of arrest. Trehan was at the hub of the forbidden conspiracy against rights and deprivation under the color of law, 18 U.S.C. §§ 241, 242 16) Tim Dorn supervised and approved the obstruction of justice set forth in this complaint for Gilbert, Arizona. 17) The aforementioned threats from police and prosecutors have not been withdrawn, rescinded or narrowly-tailored despite numerous requests to the defendants over 17 years and in 2014. 6 18) Aggravating the constitutional deprivations foisted upon Huminski is the scheme concocted between the City of Surprise, Arizona, Surprise officials, Surprise employees and the attorney for the City of Surprise whereby they conspired on or about 5/29/2012 and made the following fraudulent and deliberately misleading statements in their filings in the United States Ninth Circuit Court of Appeals, “ … A.R.S. § 13-2921 had nothing to do with the District Court matter.” “A.R.S. § 13-2921 has nothing to do with the underlying case and this appeal. The underlying action was based on the email, not A.R.S. § 13-2921. At no time was A.R.S. § 13-2921 reference or mentioned” 19) This deception filed in the Ninth Circuit, apparently worked with regard to the Ninth Circuit panel. A new cause of action has arisen based upon the fraud used by the City of Surprise in their quest to ensure the Constitutional deprivations foisted upon Huminski remain permanent via fraud, deception and misrepresentation. The lies in the 9 th Circuit by the City of Surprise were concocted between Surprise employees and their attorney to see to it that Huminski’s rights were permanently violated. 20) The use of deception, fraud and trickery by the City of Surprise concerning its misrepresentations to the Ninth Circuit to make permanent the constitutional deprivations is revealed in shocking detail in the following excerpt from Huminski’s Ninth Circuit Motion for Rehearing En Banc, 8/23/2013, in sharp contrast to the above fraudulent Court statements made in the Ninth Circuit by the City of Surprise defendants, “Motions for summary judgment attacking AZ Rev. Stat. § 13-2921 and for preliminary injunctions were filed in the District Court prior to disposition along with a host of other papers centering the claims of this action around AZ Rev. Stat. § 13-2921. Attached hereto as exhibits see: Paper 112 - Motion to Join the State of AZ grounded upon an attack upon a State Statute Paper 113 - Motion for partial summary judgment – direct facial attack upon AZ Rev. Stat. § 13-2921 Paper 114 – Statement of undisputed fact RE: summary judgement (Paper 113) Paper 117 – Motion for partial summary judgment requesting declaration regarding AZ Rev. Stat. § 13-2921 Paper 120 – Plaintiff’s responsive statement of fact discussing AZ Rev. Stat. § 13-2921 and discussing the issue that the police threats constituted a police order. Paper 121 – Motion for finding that Arizona waived it’s right to respond to facial attack upon AZ Rev. Stat. § 13-2921 Paper 122 – Motion for preliminary injunction to enjoin enforcement of AZ Rev. Stat. § 13-2921 Paper 123 – Motion to reconsider denial of injunction against enforcement of AZ Rev. Stat. § 13-2921 Paper 125 – Motion for partial summary judgment concerning AZ Rev. Stat. § 13-2921 is facially unconstitutional *** Plaintiff ends his review of the record at Paper 125 despite numerous more papers filed regarding the constitutionality of AZ Rev. Stat. § 13-2921… the point has been made that this case became heavily centered on the constitutionally infirm statute ***” 7 21) Overcoming the deception, fraud and misrepresentation used by the City of Surprise and law enforcement in their filings in the U.S. Ninth Circuit is a difficult task for a fully disabled pro se litigant such as Huminski when government adversaries conspire to employ such fraudulent techniques. The government violations have risen to fraud upon the federal Courts to accomplish obstruction of matters filed or to be filed in the United States Courts. The ethical rules governing the honesty and professional conduct concerning the City of Surprise were maliciously ignored when it came to undermining the constitutional rights of Huminski. 22) To place the material herein threats from police in context, one need only look to the conduct of the State of Vermont defendants and their threats issued against civil litigation in the following quote, "The last claim involves a statement made to attorney Capriola warning that the defendant would be charged with additional crimes if he did not clam down. The statement is a reference to the defendant's continued harassment of the victim and the investigating officer in this case through the court process. The defendant has filed a civil action against the victim because of his participation in this criminal case. The State is currently reviewing a contempt charge against the defendant because of this activity. The statement was a proper warning made through the defendant's representative." (John Lavoie, State's Response to Motion to Dismiss #4) 23) The obsession of law enforcement to obstruct civil litigation that it finds annoying, costly, burdensome, harassing, distasteful, alarming, harassing, unpleasant and irritating is epitomized by the above threat from Vermont prosecutor John Lavoie and his superior State’s Attorney William Wright. The Vermont threat was issued to protect the closest friend of the State’s Attorney, Officer Henry Haverkoch, the “investigating officer”, from civil litigation. The State’s Attorney was the best man at the wedding of Officer Haverkoch, so his duty to his friend trumped his duty to the law and the threat was issued to protect a close friend and spare a friend from the costs, burden and trauma of civil litigation. This is an extreme abuse of police power. Subsequent to the above threat from the State of Vermont, Huminski was prosecuted for two felonies lodged in retaliation for civil litigation and endured years of criminal proceedings until the Vermont Supreme Court threw out the charges as unconstitutional and expunged the entire matter. Huminski or any reasonable person would seek to attack the statutes or threats issued under those statutes by police prior to exposing themselves to terrifying criminal charging and years of criminal litigation as was the case in Vermont v. Huminski. 8 24) In Vermont’s argument to prosecute Huminski, the government claimed that litigation continued in the United States District Court by Huminski’s wife was a veiled continuation of litigation by Huminski himself justifying retaliation with charging and prosecution of two felonies. The Vermont Supreme Court disagreed with the government’s retaliatory abusive theory to prosecute Huminski in stating, Vermont v. Huminski, 2001-330 (“After defendant's wife filed an amended complaint in federal court, however, the State moved to vacate the plea and reinstate the obstruction charges.”) Huminski v. Lavoie, 99-330, (“The [lower] court rejected the State's argument that plaintiff had violated the plea agreement when his wife refiled in federal court, noting that plaintiff's wife was not bound by the agreement between plaintiff and the State. Moreover, the court ruled that the State was barred by the Double Jeopardy Clause of the federal constitution from pursuing the two original charges for obstruction of justice. The State appealed this ruling, which we affirmed in State v. Huminski, No. 99-445 (Vt. Dec. 13, 2000) (mem.). Vermont v. Huminski, 99-445, (“Moreover, Defendant’s wife was not a party to the plea agreement, and thus, there is no breach of the agreement based on her refiling [civil litigation] in federal court.”) 25) As the high Vermont Court held, Vermont prosecutors were so obsessed with controlling and obstructing federal litigation against themselves and their friends that they prosecuted Huminski in retaliation for his wife’s continuation of a civil suit in the United States District Court (Vermont). An unthinkable abuse of police power to interfere with, manipulate and obstruct civil litigation. Compounding the corruption of law enforcement is the fact that the prosecutors themselves were defendants in the federal lawsuit that was dismissed as part of a plea agreement. With the prosecutors to benefit from a direct pecuniary advantage concerning the proposed plea agreement specifying dismissal of a federal lawsuit against the prosecutors, they failed to recuse concerning the plea agreement and the matter was essentially converted into the acceptance of a bribe (lawsuit dismissal) by prosecutors and for themselves and on behalf of their police friends. The two prosecutors involved in this matter had over 50 years of combined experience, Huminski does not expect the police and municipal officials in involved in this matter to behave more legally than the criminal prosecutors in Vermont v. Huminski. 26) The government retaliatory criminal prosecution in Vermont v. Huminski for the “crime” of civil litigation against the best friend of the State’s Attorney was accompanied by the summary punishment of “conditions of release” imposed upon Humiski while the unconstitutional criminal charges were pending against him for 3 years. Huminski endured years of Court ordered stunted and limited constitutional rights as a result of 9 Vermont’s bad faith retaliation with criminal charges against unpopular litigation in the United States District Court (Vermont). In the case at Bar, Huminski seeks to enjoin the government prior to a vindictive retaliatory criminal prosecution based upon his experience with law enforcement obsessed with manipulating and obstructing litigation before the United States Courts, which, in Vermont, was endorsed by Attorney General William Sorrell who has repeatedly refused to withdraw or rescind the threat from Vermont for the last 17 years. Similarly, Arizona and Connecticut law enforcement refuses to withdraw all police threats related to this matter and they will remain in effect for the remainder of Huminski’s life. 27) The extreme obsession of Vermont law enforcement to manipulate, interfere with and obstruct litigation before the United States Courts speaks volumes concerning the willingness of law enforcement in this county, now Massachusetts, Arizona and Connecticut law enforcement, to abuse their powers to obstruct the federal courts in matters where law enforcement benefits from obstruction of proceedings in the federal courts. No coincidence that Massachusetts, Arizona and Connecticut have jumped onto the obstruction of justice bandwagon. This is a nationwide epidemic. 28) After the aforementioned threats against litigation from Arizona and Connecticut, Huminski’s experiences in Vermont taught him exactly what he was dealing with and he appropriately chose to file this litigation and not serve the individual defendants until they were restrained by a Court order preventing a retaliatory criminal prosecution akin to Vermont v. Huminski. 29) Huminski will serve the governmental entities that are defendants in this matter prior to securing a temporary restraining order because it is impossible to harass (e.g. serve process) a non-human entity, thus, the aforementioned police threats and statutes do not apply to governmental entities. 30) The theme behind the obstruction of justice regarding Officer Haverkoch, Justin M. Nelson and Hume is police assisting other police in pecuniary gain and protecting police brethren (and insiders like Nelson) from costly and unpleasant civil litigation. This is the height of police corruption for profit and to minimize costs and liability of fellow police brethren. The well-known good ol’ boy police fraternity at work. 31) As set forth in writing by the State of Vermont, availing one’s self to redress in the courts, “the court process”, constitutes per se harassment worthy of retaliation with years of criminal prosecution. This is Vermont common law concerning criminal harassment and it is the illegal basis for the conduct of the Arizona and Connecticut defendants. 10 32) Gilbert Police John Doe #1 is the police officer who arrested Huminski in May 2012 for the crime of civil litigation veiled as a DUI arrest that has yet to be prosecuted. Upon release from incarceration Huminski took blood, urine and neurological tests that proved the false nature of the arrest and incarceration. The arrest was retaliatory and pursuant to harassment under the Arizona statute. The only reason for the arrest was retaliation for Huminski’s protected speech and was, indeed an arrest under the Arizona harassment statute. This arrest happened 3 days before the attempted murder, forced drugging, forced irradiation and torture of Huminski orchestrated by the Gilbert Police currently being reviewed in the Eleventh Circuit. The Town of Gilbert gave information and directions to persons that attempted the murder of Huminski and tortured Huminski. 33) The Gilbert police, town of Gilbert and Tim Dorn, police chief, knew that Huminski was fully disabled with bi-lateral hip replacements and bilateral AVN of the knees which made it impossible for Huminski to pass a field sobriety test. The test was the excuse used by Gilbert for the arrest of Huminski. 34) When Huminski was pulled over by John Doe #1, the officer did not approach Huminski’s vehicle, he remained at a distance of 15 to 20 feet and ordered Huminski out of his vehicle and it was clear his posture indicated that he was prepared to pull out his gun and use deadly force against his target, Huminski. This was not a routine traffic stop. Huminski informed the officer of his disability and the knowledge of the Gilbert police and the Town of Gilbert of his disabilities. The office indicated that he did not care and forced Huminski to engage in a field sobriety test that he couldn’t physically pass. 35) Gilbert Police personnel refused to give polygraph examinations to the persons involved in the attempted murder and torture of Huminski and refused Huminski’s offer to take a polygraph concerning his attempted murder and torture. Huminski will submit to such a polygraph to this day. 36) On or about three days after Gilbert was unable to use deadly force against Huminski at the purported DUI arrest, Gilbert supplied information and instructions to the individuals that attempted to murder Huminski that proximately caused the murder attempt and torture. Gilbert was unable to gun down Huminski at the site of the DUI arrest because it was in a video monitored Walmart parking lot. 37) Huminski saw documents supplied by Gilbert to the persons that attempted to murder Huminski and the papers indicated that deadly force and violence was required to deal with Huminski. After the papers were delivered by Gilbert to Huminski’s attackers, he was assaulted from behind and thrust head first into the base of a metal table splitting his 11 head open and the only behavior he exhibited prior to the attempted murder was passive and peaceful as has been his deportment since childhood. All of the attempted murder of Huminski was before video cameras and the blood soaked Huminski made it into the waiting room of the Medical Center to be sure that the results of the attempted murder were caught on video. All video data of the attempted murder and torture were destroyed by the medical center. The waiting room was quite full and those in the waiting room were able to view Huminski’s non-violent and peaceful deportment even after he was covered with blood from the attempted murder. Huminski was lured back into the treatment area and peacefully complied, as witnessed by the entire waiting room and then the torture began with waterboarding/simulated drowning, forced drugging, forced nudity, forced irradiation and a plethora of related violence as per the instructions and information supplied by the Town of Gilbert. 38) The aforementioned set forth statutes and police conduct and conspiracies under the color of state statutes that obstructed multiple cases Huminski would file or has filed in the U.S. District Courts and Huminski seeks a declaration of the same and a permanent injunction against the statutes and against the municipal and government defendants that chose to issue threats under the color of the State harassment statutes of Connecticut, Arizona and common law Vermont harassment. 39) The aforementioned conduct of the law enforcement defendants constitutes bold conspiracies against rights, violation of rights under color of law and obstruction of justice violative of the First Amendment and Due Process and actionable here under 42 USC § 1983, 42 USC §§ 1985(2),(3). 40) The City of Surprise and their attorneys lied to the U.S. 9 th Circuit Court of Appeals by stating that the Arizona harassment statute was never mentioned in the District Court proceedings in spite of the mention of the statute in the Court’s final order disposing of the case and the abundance of filings on the record making clear that a facial attack upon the statute was a primary goal of the case. Huminski seeks a declaration that this conduct is indeed an abuse of process, fraud upon the court, harassment and a frivolous and vexatious abuse and fraud upon the federal courts. 41) Prior to the murder of Justin M. Nelson, Arizona mental health authorities ordered the Surprise police to pick up Nelson for an involuntary evaluation and the Surprise police outright refused to execute the pick-up for several days and then according to Nelson himself only made halfhearted pseudo attempts. Huminski spoke to medical authorities who told him that Surprise officials initially simply refused to execute the pick up 12 without reason for many days. Upon information and belief, Nelson would not be dead today if Surprise properly executed the lawful mental health pick up order from State authorities. Upon information and belief the pick up refusal was a favor to law enforcement insider, Justin M. Nelson who the Surprise police were cooperating with concerning Huminski v. Surprise, U.S.D.C. (Az). 42) All named defendants acted with a reckless disregard and callous indifference for the rights and safety of Huminski and they acted with a nefariously evil design, evil motive and malice. 43) The aforementioned depicts a practice, policy, procedure and custom adopted by the municipalities and their employees to obstruct the federal courts and deprive Huminski of his constitutional rights. 44) Huminski notes that the threat against litigation by Surprise was issued the day before a hearing, Huminski v. Nelson, and included a no contact order concerning Justin Nelson’s attorney Anthony Tsontakis, thus, the target and intent of the threat (TARGET = Civil Litigation and INTENT = obstruction of civil litigation) was crystal clear to Huminski. 45) This matter is of a very troubling nature because 5 months after the attempted murder and torture of the plaintiff, the primary witness in Huminski v. Surprise, Justin M. Nelson was murdered at the age of 36 in October of 2012. The funeral suspiciously didn’t occur until May of 2013. In addition to crimes against the Courts in the form of Obstruction of Justice by law enforcement and other related federal and state crimes, there has been a murder and an attempted murder related to this litigation. 46) After the aforementioned tortious conduct foisted upon Huminski by the defendants located in Arizona or Connecticut, Huminski resided in Arizona and Florida and the defendants refuse to withdraw the threats issued under the color of state law, and, as is the case with the Vermont threats, all aforementioned threats from law enforcement are perpetual and will chill Huminski’s protected expression for the remainder of his life. 47) The conduct of the defendants material herein constitutes violation of Huminski’s First Amendment and Due Process rights, obstruction of justice, conspiracy against Huminski’s rights, chilling and violation of Huminski’s rights under the color of State laws, intentional infliction of emotional distress, negligent infliction of emotional distress, tortious interference with prospective economic advantage, destruction of evidence, spoliation of evidence, civil rights violations under 42 USC 1983, 1985(b), 1985(c), assault, battery, false imprisonment, false arrest, abuse of process, malicious prosecution, fraud, tortious interference, conspiracy, negligent duty of care, breach of 13 duty, unauthorized activity causing injury, injurious falsehood and negligent misrepresentation. Huminski seeks no damages related to these torts, only declaratory and injunctive relief to stop the conduct. 48) The aforementioned conduct constitutes negligent training, negligent supervision, negligent hiring and negligent retiring concerning all the persons/entities for which Huminski seeks no damages related to these torts, only declaratory and injunctive relief to stop the conduct. 49) Service of this matter upon the individual defendants will per se constitute the State crimes of harassment, thus, Huminski will only serve the governmental entities and seek a protective injunction to serve the individuals to avoid arrest and criminal prosecution for the crimes of harassment. It is Huminski’s belief that the State harassment crimes only apply to human beings and not governmental entities. Thus, he only risks arrest when he serves named individuals. 50) Attached hereto as Exhibits “A” and “B” are briefs filed in the Supreme Court concerning the unconstitutionality (vagueness and overbreadth) of laws that use the subjective word “annoy” as a basis for criminal liability. Grayned v. City of Rockford, 408 U.S. 104 (1972), Coates v. City of Cincinnati, 402 U.S. 611 (1971). The harassment laws of Arizona, Connecticut, Massachusetts and Vermont common law are proscribed under the U.S. Constitution. 51) Huminski has made dozens of requests to the various law enforcement defendants to withdraw the threats against Huminski’s protected expression in the U.S courts and elsewhere and the defendants refused in 2014 and earlier. 52) All law enforcement defendants engage in the business of law enforcement throughout the United States and internationally and have engaged in the interstate business of law enforcement pursuant to the extradition clause to the United States Constitution. Modern law enforcement is an interstate and international activity. 53) Norwalk and Wilton transmitted threats against Huminski’s protected expression into the State of Arizona and those threats are likewise active against Huminski in Florida and Connecticut. 54) The defendants have transmitted information concerning Huminski into Florida prejudicing his credit rating, ability to gain volunteer employment and raising his rates to obtain car insurance and obtain credit in Florida. The false and malicious additions to Huminski’s RAP sheet by the defendants is an interstate activity. The false and 14 retaliatory DUI arrest by the Gilbert police is especially prejudicial to Huminski’s existence in Florida. 55) A custom, policy and procedure exists in law enforcement agencies throughout the United States and especially in Arizona, Connecticut and Vermont whereby police use threats of arrest to protect themselves, fellow police officers and police insiders from the burden of civil litigation and to silence other speech and expression they, or other members of the police fraternity, might find annoying . 56) As each new day begins with Huminski’s expression and redress of grievances chilled by State laws and perpetual police threats under the color of those laws, a new claim, constitutional tort and cause of action is born concerning that aforementioned conduct including the police threats of arrest. 57) In July of 2014, Huminski was threatened with prosecution under Massachusetts cyber stalking law, M.G.L. c. 265, s. 43, by Randy of the Justice 4 Vinnie website. 58) M.G.L. c. 265, s. 43 is similarly unconstitutionally vague, overbroad and specifically targets core political speech. Huminski’s criticism of prosecutor John T. Lavoie is the speech that is being targeted by the threats from the Justice 4 Vinnie web site, and, those at Justice 4 Vinnie personally know John T. Lavoie and have adopted Lavoie’s conduct of issuing threats against core protected political speech under the color of State laws. 59) All aforementioned police threats are active against Huminski currently and his residence is in Florida. All law enforcement officials issuing threats against Huminski have refused to withdraw said threats after dozens of requests by Huminski. 60) The laws of the various States at issue in this matter are applicable to communications and speech on the internet originating in any of the United States when that internet content is read by residents of the defendant States, as such, these State harassment laws are universally applicable and enforceable throughout the entire country, and potentially, the world. Chilling of internet expression caused by these laws is global in nature. 61) Huminski is fully disabled on Social Security with PTSD, Manic Depression, adjustment disorder, anxiety disorder, confusion, cognitive imparement, hypertension and early onset Alzheimer’s and these disabilities are proximate results of the aforementioned terror and torts foisted upon Huminski by the various police agencies involved in this matter for the last 3 decades. Much of this document was cut and pasted from Huminski’s earlier papers and court filings. 15 62) Huminski resided in Connecticut for 31 years and regularly visits Connecticut. The aforementioned police threats and State laws are active against Huminski during his visits to Connecticut and chill his Connecticut expression. Count One A declaration that the Harassment laws of Arizona and Connecticut are unconstitutionally vague and over-broad on their faces and/or as applied to Huminski via perpetual police threats. Count Two A declaration that the Gilbert, Norwalk and Wilton police conspired to violate the rights of Huminski under the color of State laws. Count Three A declaration that the Surprise police obstructed justice in the state case Huminski v. Nelson and said obstruction of justice violated Huminski’s First Amendment and Due Process rights. Count Four A preliminary and permanent injunction against the harassment statutes of Arizona and Connecticut and common law harassment of Vermont as these laws are unconstitutionally vague/overbroad and violate the right to redress of grievances and other rights related to litigation under the First Amendment and Due Process. Count Five A preliminary and permanent injunction against the aforementioned threats from police and municipalities. Count Six A declaration that two or more of the defendants “conspire[d] to injure, oppress, threaten, or intimidate any person [Huminski] in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States”. 18 U.S.C. § 241. This federal crime is also a constitutional tort actionable under Title 42, thus, this declaration is proper in this civil setting. Count Seven A declaration that the defendants “under color of any law, statute, ordinance, regulation, or custom, willfully subjects[ed] any person [Huminski] in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States”. 18 16 U.S.C. § 242. This federal crime is also a constitutional tort actionable under Title 42, thus, this declaration is proper in this civil setting. Count Eight A declaration that the City of Surprise engaged in fraud upon the U.S. Ninth Circuit Court of appeals by representing that the Arizona harassment statute was never mentioned in the District Court. Count Nine A declaration that the arrest of Huminski by Gilbert was illegal retaliation for Huminski’s speech in the courts and elsewhere or that Huminski’s was arrested solely based upon his failure to pass a field sobriety test with two hip replacements and avascular necrosis of the knees which Gilbert had ample notice of prior to the arrest. If through discovery the latter is found to be true, Huminski seeks a declaration that an arrest based upon a disability violates his fourteenth amendment rights of equal protection and enforcement of the laws and violates the ADA. Driving with a joint disability is not a crime. Count Ten A declaration that the arrest of Huminski by Gilbert should be expunged because no legitimate probable cause existed to arrest Huminski, and the Town of Gilbert has refused to prosecute Huminski, however, the fear of extradition to Arizona haunts and terrorizes Huminski as his only crime was that he was that he engaged in core protected speech and had a joint disease, a disability, not a crime. Count Eleven A declaration that information supplied by Gilbert to the organization and individuals that attempted to murder Huminski and tortured him proximately caused the torture and attempted murder of Huminski. Count Eleven A declaration that Vermont prosecutors participation in a plea agreement that specified a dismissal of a federal lawsuit against the prosecutors themselves is equivalent to acceptance of a bribe by law enforcement officials. Count Twelve A declaration that this lawsuit constitutes core political speech critical of government and and that the harassment laws of Vermont, Arizona and Connecticut and police threats under the color of those laws have obstructed service of this matter and chilled Huminski’s expression, as Huminski must seek a protective injunction to serve the individual persons that are defendants in this suit to avoid arrest and criminal prosecution. 17 Count Thirteen A declaration that the aforementioned harassment laws and police threats under the color of those laws have obstructed Huminski’s filed or to be filed litigation in U.S. District Court for the past 17 years. Count Fourteen A declaration that the aforementioned harassment laws are properly evaluated by on- point authority of Grayned v. City of Rockford, 408 U.S. 104 (1972) and Coates v. City of Cincinnati, 402 U.S. 611 (1971) and that the harassment laws under facial attack in this matter are unconstitutional under Grayned and Coates. Count Fifteen A declaration that civil litigation is a protected activity under the Constitution. Count Sixteen A declaration that civil litigation is per se harassment consistent with the statements of Vermont prosecutor John T. Lavoie (see Lavoie’s threat above), however, the Constitution proscribes retaliation with arrest and criminal prosecution for engaging in litigation. Count Seventeen A declaration that civil litigation per se “annoys” defendants to civil litigation. Count Eighteen A declaration that this lawsuit contains core protected political speech and that the obstruction of the service of this matter regarding the individual defendants via the aforementioned police threats and State laws violates Huminski’s aforementioned rights and that the service of this matter is proscribed under the aformementioned State criminal harassment statutes. Count Nineteen A declaration that serving civil process per se violates the plain language of the Arizona and Connecticut criminal harassment statutes (e.g. it “annoys”, it is “annoying”, it will “annoy”) and the Vermont common law as articulated by prosecutor John T. Lavoie (“…the defendant's [Huminski’s] continued harassment of the victim and the investigating officer in this case through the court process.”, quote of John T. Lavoie in court filing on behalf of the State of Vermont). Count Twenty 18 A declaration that communications from police and law enforcement officials specifying or requesting that a citizen have no First Amendment contact with another person, without exception in perpetuity violate the First Amendment and in the context of civil litigation also violate Due Process. Count Twenty One A declaration that the harassment laws of Arizona, Connecticut and Vermont must have an exception for constitutionally protected expression (including participating in civil litigation and service of civil litigation), akin to the 35 other States, the Disctrict of Columbia and Guam who have already properly included such a provision in their harassment and/or similar stalking statutes to comply with the constitution. Count Twenty Two A declaration that Massachusetts law, M.G.L. c. 265, s. 43, is unconstitutionally vague and overbroad on its face and as applied to Huminski’s speech critical of government prosecutor John T. Lavoie and that it improperly targets and chills core political speech critical of the government, specifically, Huminski’s criticism of prosecutor John T. Lavoie. Dated at Bonita Springs, Florida this 8 th day of August, 2014. __________________________________ Scott Huminski, pro se 24544 Kingfish St. Bonita Springs, FL 34134 (239) 300-6656 [email protected]