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Supplement Omnibus Memo

Supplement Omnibus Memo

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Published by Sheriff_Joe_Arpaio
More in the AZ law enforcement corruption case. 9th circuit
More in the AZ law enforcement corruption case. 9th circuit

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Categories:Types, Business/Law
Published by: Sheriff_Joe_Arpaio on Jul 05, 2013
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09/14/2013

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1In The
United States Court of Appeals for the Ninth Circuit
S
COTT
H
UMINSKI
, P
LAINTIFF
-
 
A
PPELLANT
,v. Docket No. 12-16395C
ITY OF
S
URPRISE
,
 
E
T
A
L
,
 
D
EFENDANTS
 – 
 
A
PPELLEES
.
SUPPLEMENTAL OMNIBUS MEMORANDUM
 NOW COMES, Scott Huminski ("Huminski"), and supplements pendingmotions and the briefing in this appeal as follows:POTENTIAL MOOTNESSThe ruling of this Court in collateral case Huminski v. Mercy Gilbert MedicalCenter, et al. (USDC (AZ) CV 12-01437-PHX-FJM) (9
th
Cir. 12-17725,
issues are soinsubstantial
) (
Mercy
), moots the relief sought in this matter in whole or in partas Huminski
s request to enjoin future violence and attempted murder were
 sua sponte
denied when the District Court: (1) acted as a proponent and advocate for thedefendants in Mercy with the
 sua sponte
denial of the preliminary injunction, (2)with no opposition to the injunction and, (3) with only Huminski
s sworn statementson the record and, (4) with zero analysis of fact or law by the District Court (5) in bold violation of the authority set forth in
 Huminski v. Lavoie
, 173 Vt. 517, 519-20,787 A.2d 489, 492-93 (Vermont Supreme Court 2001).Huminski will not return to Arizona to prosecute this or any other civilmatters without an injunction preventing further violence and attempted murder foisted upon him by entities (Dignity Health) working with Arizona lawenforcement. The recently discovered information concerning the murder of thecentral witness in this case, Justin M. Nelson, supports Huminski
s decision to
Case: 12-16395 07/05/2013 ID: 8691888 DktEntry: 65 Page: 1 of 4
 
2
avoid Arizona. In the attempted murder and torture case, 12-17225, this Courtordered that it will not
entertain
further filings.Contextual Issues Regarding Huminski v. Corsones,
 Huminski v. Corsones
, 396F.3d 53 (2nd Cir. 2005) (
Corsones
)
Corsones illustrates that the prosecution of civil cases is not an adequateremedy concerning law enforcement breaking the law concerning the United StatesConstitution, specifically in this matter, the First Amendment and Due Process viaobstruction of justice. Civil litigation failed terribly in Huminski
s attempt to endlaw enforcement civil rights violations in Corsones.Sheriff of Rutland County, Vermont, R.J. Elrick was adjudicated to be a civilrights violator by the Second Circuit in Corsones and a trial followed awardingcompensatory and punitive damages and finding malice against Sheriff R.J. Elrick.Two weeks after conclusion of the trial against Sheriff Elrick, former Vermont Governor Douglas (R) rewarded the adjudicated civil rights violator Sherif by appointing him the executive director of the Vermont Police Academy. This actformed Huminski
s knowledge of the importance of the Bill of Rights in the eyes of law enforcement and high government officials (i.e. that the Bill of Rights was aninconvenient burden to be ignored and violated at a whim by those entrusted toenforce it). A civil rights violator was appointed the top trainer of all lawenforcement personnel in the State of Vermont; state police, local police,government investigators, etc., propagating the anti-constitution view of those withgovernment issued badges, guns and boundless powers.
Case: 12-16395 07/05/2013 ID: 8691888 DktEntry: 65 Page: 2 of 4
 
3It doesn
t stop there. During the six year pendency of R.J. Elic
s leadershipof the police academy a child pornography scandal and a suicide scandal occurred atthe police academy prompting R.J. Elric
s resignation.Huminski knew that Sheriff Elrick was a problem, but, all of his efforts couldnot stop the subsequent child pornography and death that may not have occurred if Vermont officials took the Corsones case seriously and ousted the civil rightsviolator from law enforcement instead of promoting Elrick to the top police training position in Vermont.Huminski
s conclusion after his experiences in Vermont is that lawenforcement and high government officials have zero respect for the authority of theFederal Courts when it comes to civil rights cases against law enforcement, evenwhen those cases are overwhelmingly successful as was the case in Corsones.Huminski urges that this Court set forth a procedure and policy that all
 prima facie
cases of civil rights violations involving law enforcement be forwardedto federal law enforcement for concurrent investigation and potential prosecution ascivil rights crimes under Title 18 (sections 241, 242) and any other federal criminallaw that would apply to the conduct of the accused police personnel. In successfulcivil rights cases such as
Corsones
and perhaps the instant matter, this Courtshould adopt a
no tolerance policy for police officials
who violate civil rightsand issue declaratory relief that said police officials are unfit to be employed in lawenforcement. In this period of heightened security concerns, swift and decisiveCourt action against police civil rights violators must be adopted.
 
Dated at Bonita Springs, Florida this 4
th
day of July, 2013.
Case: 12-16395 07/05/2013 ID: 8691888 DktEntry: 65 Page: 3 of 4

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