1 2 3 4 5 6 7 8 9

Roy Warden, Publisher Common Sense II 3700 S Calle Polar Tucson Arizona 85730 roywarden@hotmail.com

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA
) ) ) ) Plaintiff, In Pro Se ) vs ) ) KATHLEEN ROBINSON, individually ) and in her official capacity as Assistant ) ) Chief of the Tucson Police Department ) ) Defendant. ) )

ROY WARDEN,

CV-13-0283-TUC-DCB PLAINTIFF’S SEPARATE STATEMENT OF MATERIAL FACTS IN OPPOSITION TO MOTION FOR SUMMARY JUDGMENT AND AFFIDAVIT OF ROY WARDEN ORAL ARGUMENT REQUESTED THE HONORABLE. DAVID BURY

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

COMES NOW Roy Warden, Plaintiff in the above case, with his Statement of Material Facts in Opposition to Defendant Robinson’s Motion for Summary Judgment and the Affidavit of Roy Warden. Plaintiff responds to, and DENIES, each of Defendant Robinson’s Statements of Material Fact as set forth below:
1.

DSOF 18 On May 01, 2011 Tucson Police Department’s primary goal was to work in concert with “pro-raza” open border activists to violate Plaintiff’s First Amendment rights in retaliation for Plaintiff’s political message that Tucson City Officials had “aided and abetted, enticed and invited and otherwise encouraged the entry of impoverished Mexican citizens for economic and political exploitation.”

1

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

2.

DSOF 19 On May 01, 2011 TPD officers, acting with bias, were utilized to block Plaintiff’s entry into Armory Park in violation of his rights of speech and assembly under the First Amendment, and in deliberate violation of the law regarding exclusive use permits, parks and public gatherings as set forth in Gathright v City of Portland, 439 F.3d 573 (9th Cir 2006). (Exhibit 1) PLAINTIFF’S SEPARATE STATEMENT OF FACTS AND AFFIDAVIT OF ROY WARDEN

I Roy Warden, under penalty of perjury, do herein declare, swear and affirm as follows:
3.

PSOF 1 I am the Plaintiff in this case, a resident of Tucson Arizona and I have direct personal knowledge of the events to which I testify below.

4.

PSOF 2 Ever since 2006 Plaintiff has publically stated that Tucson City Officials, working in concert with “pro-raza,” open border activists, have “aided and abetted, enticed and invited, and otherwise encouraged the illegal entry of impoverished Mexican citizens for economic and political exploitation.”

5.

PSOF 3 The “unwritten custom and policy” of Tucson Public Officials is to silence the voice of opponents by engaging in acts of First Amendment Retaliation, as determined in Gilmartin v Smith, Ochoa and Miranda, CV 00-352 TUC FRZ. (2006).

6.

PSOF 4 Ever since 2006 Tucson City Officials, including TPD Officers, have worked in concert with members of radical “pro raza” open border
2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29

groups with the intent of violating Plaintiff’s rights set forth by the First Amendment, and Gathright v City of Portland, 439 F.3d 573 (9th Cir 2006).
7.

PSOF 5 On April 12, 2006 Tucson City Attorney Michael Rankin wrote a memo which stated, in sum and substance, that the law set forth in Gathright prevented TPD Officers from denying Plaintiff entry into Armory Park for the purpose of engaging public speech in opposetion to the views expressed by exclusive use permit holders. (Exhibit 1)

8.

PSOF 6 Nevertheless; every year from 2008-2012 Tucson City Officials, and TPD Officers, violated the law set forth in Gathright, granted and enforced exclusive use permits, and worked in concert with “proraza” open border radicals, to deny Plaintiff his rights set forth by the First Amendment.

9.

PSOF 7 Every year from 2008-2012 the City of Tucson has supplied “proraza” open border radicals with the orange snow fence used to temporarily enclose the borders of Armory Park.

10. PSOF 8

On May 1, 2011 Plaintiff, in the company of several members of “protect the border groups,” attempted to enter into Armory Park for the purpose of public speech on matters of community concern; however Defendant Robinson, assisted by several unidentified TPD officers, denied Plaintiff entrance into Armory Park, in violation of Plaintiff’s rights set forth by the First Amendment, and in violation of the law as set forth in Gathright.

3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38

PSOF 9 On May 1. 2011 TPD Officers, working in concert with exclusive use permit holder Pancho Medina, and other members of a radical “pro raza” open border group, violated Plaintiff’s rights as set forth by the First Amendment, the lawful exercise of said rights set forth in Gathright. Further Affiant sayeth not. I Roy Warden, being first duly sworn, do herein swear, declare and affirm, under penalty of perjury, that the matters stated herein are true to the best of my knowledge, information and belief.

DATED: January 03 2014

____________________________ Plaintiff Roy Warden

State of Arizona County of _____________ On this ____day of ____________________, 2014, 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 Original and one copy filed with the Court on January 03, 2014. I hereby certify that on January 03, 2014 I personally hand served the attached document to the Office of the Tucson City Attorney and by email, on the following: Viola Romero-Wright Principal Assistant Tucson City Attorney Viola.romero@tucsonaz.gov

4

1 2 3 4 5 6 7 8 9 10 11 12 13 14

15

EXHIBIT 1

16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39

5

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43

6

1 2 3 4 5 6 7 8 9 10 11

7

Sign up to vote on this title
UsefulNot useful