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Affidavit TRO

Affidavit TRO

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Published by Sheriff_Joe_Arpaio
USDC (ft myers) filing on 10/3/2013
USDC (ft myers) filing on 10/3/2013

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Categories:Types, Business/Law
Published by: Sheriff_Joe_Arpaio on Oct 03, 2013
Copyright:Attribution Non-commercial

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10/03/2013

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1In The
United States Court District Court (Fort Myers)
S
COTT
H
UMINSKI
, for himself and )Those similarly situated, ) CIVIL ACTIONP
LAINTIFF
)v. ) DOCKET NO.S
TATE OF
V
ERMONT
, E
T
A
L
. ) 2:13-
CV
-692-F
TM
-29
DNF
 D
EFENDANTS
. )
AFFIDAVIT OF PLAINTIFF IN SUPPORT OF TEMPORARYRESTRAINING ORDER and ALL PENDING MOTIONS
 NOW COMES, Scott Huminski
(“Huminsk 
i
”) based upon personal knowledge, under 
oath, hereby swears, affirms and deposes as follows:1.
 
A.R.S. 13-2921 states as follows,ARS 13-2921. Harassment; classification; definitionA. A person commits harassment if, with intent to harass or with knowledge thatthe person is harassing another person, the person:1. Anonymously or otherwise contacts, communicates or causes a communicationwith another person by verbal, electronic, mechanical, telegraphic, telephonic or written means in a manner that harasses.2. Continues to follow another person in or about a public place for no legitimate purpose after being asked to desist.3. Repeatedly commits an act or acts that harass another person.4. Surveils or causes another person to surveil a person for no legitimate purpose.5. On more than one occasion makes a false report to a law enforcement, credit or social service agency.6. Interferes with the delivery of any public or regulated utility to a person.B. A person commits harassment against a public officer or employee if the person,with intent to harass, files a nonconsensual lien against any public officer or employee that is not accompanied by an order or a judgment from a court of competent jurisdiction authorizing the filing of the lien or is not issued by agovernmental entity or political subdivision or agency pursuant to its statutoryauthority, a validly licensed utility or water delivery company, a mechanics' lienclaimant or an entity created under covenants, conditions, restrictions or declarations affecting real property.C. Harassment under subsection A is a class 1 misdemeanor. Harassment under subsection B is a class 5 felony.
 
2D. This section does not apply to an otherwise lawful demonstration, assembly or  picketing.E. For the purposes of this section, "harassment" means conduct that is directed at aspecific person and that would cause a reasonable person to be seriously alarmed,annoyed or harassed and the conduct in fact seriously alarms, annoys or harassesthe person.2.
 
C.G.S. 53a-183 states as follows,Connecticut General Statutes 53a-183 - Harassment in the second degree:Class C misdemeanor (a) A person is guilty of harassment in the second degree when: (1) Bytelephone, he addresses another in or uses indecent or obscene language; or (2) withintent to harass, annoy or alarm another person, he communicates with a person bytelegraph or mail, by electronically transmitting a facsimile through connectionwith a telephone network, by computer network, as defined in section 53a-250, or  by any other form of written communication, in a manner likely to causeannoyance or alarm; or (3) with intent to harass, annoy or alarm another person, hemakes a telephone call, whether or not a conversation ensues, in a manner likely tocause annoyance or alarm.(b) For the purposes of this section, such offense may be deemed to have been committed either at the place where the communication originated or at the place where it was received.(c) The court may order any person convicted under this section to beexamined by one or more psychiatrists.(d) Harassment in the second degree is a class C misdemeanor.3.
 
The threat issued to Huminski by Vermont prosecutor John Lavoie states as follows:"The last claim involves a statement made to attorney Capriola warning that thedefendant would be charged with additional crimes if he did not clam down. Thestatement is a reference to the defendant's continued harassment of the victimand the investigating officer in this case through the court process. The defendanthas filed a civil action against the victim because of his participation in thiscriminal case. The State is currently reviewing a contempt charge against thedefendant because of this activity. The statement was a proper warning madethrough the defendant's representative." (John Lavoie, State's Response to Motionto Dismiss #4)4.
 
Vermont Attorney General William Sorrell refused to withdraw, rescind or narrowly-tailored the above-quoted threat from the State of Vermont in the previous paragraphdozens of times over the last 15 years after Huminski requested him to do so ondozens of occasions.5.
 
Under A.R.S. 13-2921 Officer Hector Heredia stated to Huminski in email,
“Please do not have any type of contact with either Michael Nelson or AnthonyTsontakislaw [sic] …”
 

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