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Filings 10-3-13 Scan002

Filings 10-3-13 Scan002

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Published by Sheriff_Joe_Arpaio
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Coming soon INJUNCTION PENDING APPEAL AGAINST VERMONT, ARIZONA AND CONNECTICUT for filing in the 11th CIRCUIT IN ATLANTA GEORGIA.

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Coming soon INJUNCTION PENDING APPEAL AGAINST VERMONT, ARIZONA AND CONNECTICUT for filing in the 11th CIRCUIT IN ATLANTA GEORGIA.

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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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04/28/2014

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InThe
RECEIVED
United
States
Court
District
Court
(Fort Myers)
SCOTT
HUMINSKI,
for
himself
and
Those
similarly
situated.
PLAINTIFF
V.
STATE
OF
VERMONT,
ETAL.
DEFENDANTS.
CIVI
2013
SEP
33
AM
9*26
U
.S.
OlSTRiCT
COURT
RICT
OF FLORIDA
iERS.
FLORIDA
DOCKET
NO.
2:13-CV-692-FTM-29DNF
AFFIDAVIT OF PLAINTIFF
IN
SUPPORT
OFTEMPORARYRESTRAINING ORDER
and
ALL
PENDING MOTIONS
NOW
COMES,
Scott
Huminski ("Huminski")
based
upon personal knowledge, underoath, hereby swears,
affirms
and
deposes
as
follows:
1.
A.R.S.
13-2921
states
as
follows,
ARS
13-2921.
Harassment; classification;
definition
A.
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
communication
with
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
legitimatepurpose 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. hiterferes
with
the
delivery
of any
public
or regulated
utility
to
a
person.
B.
A
person commits
harassment
against
a
pubhc
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 a
governmental
entity
or
political
subdivision
or
agency pursuant
to its
statutory
authority,
a
validly
licensed
utility
or
water
delivery
company,
a
mechanics'
lien
claimant
or an
entity
created under covenants, conditions, restrictions
or
declarations
affecting
real property.C. Harassment under subsection
A is a
class
1
misdemeanor. Harassment undersubsection
B is a
class
5
felony.
1
 
D.
This
section
does
not apply to an otherwise
lawfiil
demonstration, assembly or
picketing.
E.
For the purposes of
this
section, "harassment"
means
conduct that is directed at a
specific
person and that
would
cause
a reasonable person to be seriously alarmed,
annoyed
or harassed and the conduct in fact seriously alarms, annoys or
harasses
the 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)
with
intent
to
harass,
aimoy or alarm another person, he communicates
with
a person by
telegraph
or
mail,
by
electronically transmitting
a
facsimile
through cormection
with
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
cause
annoyance 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
to
cause
annoyance or alarm.
(b)
For the purposes of this section, such offense may be deemed to havebeen
committed
either at the place where the communication
originated
or at theplace where it was received.
(c)
The court may order any person convicted under this section to be
examined
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
victim
and
the
investigating
officer
in this
case
through the court process. The defendanthas
filed
a
civil
action against the
victim
because
of his
participafion
in this
criminal
case.
The State is
currently
reviewing
a contempt charge against thedefendant
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)
4.
Vermont Attorney
General
William
Sorrell
refiised
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
Anthony
Tsontakislaw
[sic]
..."
2
 
6.
United
States
District
Court
(Arizona) found
that the above communication
from
Officer
Heredia was issued under
A.R.S.
13-2921 in
the
final
order in
Huminski
v.
City
of Surprise,
U.S.D.C.
(Arizona).
7. Detective
Hartin
pursuant
to
C.G.S. 53a-183 and/or
A.R.S.
13-2921 stated
to
Huminski
in
writing,
"Detective
Pete
Trehan
with
Wilton
Conn. Police Department
has
requested
we
inform
you
to
stop contacting your brother Bruce.
If
you
do
not stop contactingBruce you
will
be
arrested."8. Detective
Hartin
and
Officer
Heredia refused to and continue to refuse
to
withdraw,
rescindor
narrowly-tailor
their email
statements
set
forth
above
as
Huminski
requested in email many times.
Both
police officers have made it quite clear
to
Huminski
that they
would
not
be
withdrawing
their threats.Dated
at
Bonita Springs,
Florida
this 3"*
day
of October, 2013.
'f£ott
H
uminski,
pro
se
24544
Kingfish
St.
Bonita
Springs, FL 34134
(239)
300-6656
s
huminskifolive.com
SWORN
AND SUBSCRIBED
to
before
me
this
3'' day
of October, 2013,
Notary
Exp.
^^4^^^'-
MARISEL GUTIERRF?
1^:).:
""'^^y Pubjic
State 01
Honda
^^g
^y My
Comm. Empires
Apr
25
mi
''^•'SSSV*'"'
Cpnimlssion
# FF
012203

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