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DECLARATION OF ROY WARDEN IN SUPPORT OF MOTION TO EXTEND TIME TO FILE ANSWER TO SUMMARY JUDGMENT I Roy Warden, the Plaintiff

in Warden v Miranda, 11-CV 00460 DCB BPV, appearing in forma pauperis, do herein declare, swear and affirm, as follows:
1.

I am the publisher of Arizona Common Sense, a political newsletter sent to 1,200 members of the local bar, law professors employed by the Rogers School of Law, members of the local and national media, etc.,

2.

Moreover; I am the Director of the Tucson Weekly Public Forum and a member of the National Institute for Civil Discourse.

3.

Significant to the facts and legal issues set forth in this case: for the past seven years I have been employed as an unpaid political activist working on behalf of the people of Pima County, bringing to public view Tucson City Open Border Policy i.e., a specific, unwritten policy of Tucson City Government to entice and invite, aid and abet, and otherwise to encourage the illegal entry of impoverished Mexican citizens for the purpose of economic and political exploitation.

4.

The City of Tucson1, in response to my activity as political activist, has engaged in a pattern of retaliatory actions

Tucson City Officials are often assisted by radical Pro-Raza groups. Defendant Tucson City Manager Richard Miranda is a member of Chicanos por la Causa, a local group significantly involved in the economic and political exploitation of impoverished Mexican citizens. Please read: http://www.scribd.com/doc /132540357/WHY-I-BURNED-THE-MEXICAN-FLAG
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which continue even to the date of signing of this Declaration in Support of Motion.
5.

As a result of the retaliatory arrests and prosecutions, which form the basis for this suit, I am absolutely indigent. This means: A. My total monthly income is $200.00 in food stamps. B. I usually have a place to sleep in exchange for the performance of gardening and custodial services. C. Several times I have been homeless; I once resided for several months in facilities provided by Primavera. D. I spend a significant amount of time searching for any gainful employment for the payment of at least minimum wage. E. My impoverished circumstances, caused by Defendant City of Tucsons retaliatory actions, has placed enormous pressures upon me, and those I live with, resulting in continuing medical treatment. F. I am often reduced to using computers provided by the public library to compose and print the legal pleadings in this case.

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7.

Additionally; I am presently engaged preparing oral argument for an Appeal to Pima County Superior Court, action #CR 20130747-001, where Tucson City Officials have prosecuted me for four years and convicted me for standing on the public square to challenge Defendants Open Border Policy, in violation of a Transparently Invalid Condition of Release Order which suspended my First Amendment rights, in express violation of the law set forth in Walker v Birmingham, 388 U.S. 307 (1967), Matter

of Providence Journal Co., 820 F.2d 1342, 1343, State v Chavez, 123 Ariz. 538 (1979), and A.R.S. 13-3967.
8.

Additionally; my elderly father who resides in Santa Maria California, is demonstrating clear signs of dementia, which may require my presence in California within the next several weeks to attend hearings.

9.

And finally; immediately subsequent to a story I published on April 02, 2013 in Arizona Common Sense regarding Tucson City Councilman Steve Kozachik urinating in public, Ive received a series of threatening and harassing phone calls which will be the subject of a TPD investigation, as TPD Lt. Wildblood # 34974 so informed me on April 04, 2012, and further investigation by federal authorities.

10. The stress created by these phone calls, some of which

were inspired by an ad taken out on Craigs List offering to provide phone sex, has resulted in the complete emotional breakdown of my common law wife, resultant arrest on April 06, 2013.
11. Frankly; I am presently overwhelmed with the challenge of

and her

eking out whatever meager living I can manage, dealing with family issues created by intense stress consequent to the numerous acts of first amendment retaliation engaged in by Defendant Tucson City Officials, dealing with my fathers possible commitment in California, educating myself in legal procedure, researching the law, protecting my family from continuing acts of first amendment retaliation by Tucson City Officials, (which will be the basis for an Supplemented Complaint in this case or a whole new case filing), while at the same time preparing the

documents necessary to answer Defendants Motion for Summary Judgment. CONCLUSION Defendant Tucson City Officials enjoy enormous tactical advantages in this case, including, dozens of attorneys and paralegals who work full time protecting Tucson City Officials from the consequences of their Open Border Policy, all paid for at taxpayer expense. Here, its not a matter of David and Goliath revisited; meeting face to face in a modern Court of Law. Here, its a matter of David, hobbled by poverty, with one leg broken, one eye gouged out, and one hand tied behind his back; all conditions consequent to retaliatory acts committed by Goliaths Cronies, who are the Defendants in this case, prior to David even entering the arena. Here, there is not even the remotest appearance of justice and fair play. In the interests of justice Plaintiff prays the Court to, at least in part, equalize the scales of justice and to grant the relief sought by Plaintiffs Motion to Extend Time. ____________________ Date _______________________ Roy Warden, Plaintiff

State of Arizona County of _____________ On this ____day of ____________________, 2013, before me the undersigned Notary Public, personally appeared Roy Warden, known to me to be the individual who executed the foregoing instrument and acknowledged the same to be his free act and deed. My Commission Expires:_______________ ________________ Notary

I hereby certify that on April 10, 2013, I served the attached document by mail, and by email, on the following: Viola Romero-Wright P.O. Box 27210 Tucson, Arizona 85726-7210 Viola.romero@tucsonaz.gov BY: _____________________ Roy Warden, Plaintiff

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