Motion To APPEAL Den. of Paup.

UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT

56 Forsyth Street, N.W., Atlanta, Georgia 30303
4
Case No. 20-11972-B
(Lower Court: 4:19-cv-10132-KMM)
VALENTIN SPATARU
8 Plaintiff-Appelant,
vs.
R. RAMSAY, et al.,
Defendants-Appelees.
12
Motion appealing denial for Appelant to proceed
in forma pauperis on appeal
16
Dear Court,
1. Respectfully, APPELLANT SPATARU requests that you do not deny his
Appeal and Motion to Proceed In Forma Pauperis on Appeal. Regarding
20 that his “appeal is frivolous. Napier v. Preslicka, 314 F.3d 528, 531
(l1th Cir. 2002)” from your order on 09/17/2020, 1. Napier v.
Preslicka applies to a litigant who sued while in custody, but
APPELLANT SPATARU sued when he was not in custody, was not in custody
24 on 09/17/2020 -the date of your order- and is not in custody now; 2.
Napier v. Preslicka applies to a litigant who did not prove his
physical suffering, but APPELLANT SPATARU can prove his physical,
mental and emotional pain and suffering caused by the illegal, cruel
28 and unreasonable actions of the Appelees; indeed, APPELLANT SPATARU
visited and complained to Dr. Sandoval and other doctors, for
example, at Jackson Hospital in Miami, about his headaches and other
issues, including somaticized ones.
Page 1 of 24
2. Due to his injuries, APPELLANT SPATARU has not been able to search
enough to find an attorney on contingency yet. However, in the case
Faretta v. California, 422 US 806 (1975), the Supreme Court of the
4 United States held that even criminal APPELLEEs have a constitutional
right to represent themselves in legal proceedings; therefore,
respectfully, APPELLANT requests you not to dismiss his complaint
without a fair jury trial, and not to cause any other injustice to
8 him. Indeed, everyone has the constitutional right to proceed without
counsel and be assisted by the Court in presenting one's case.
3. There is a presumption that government always acts correctly and
within the law but APPELLANT SPATARU has proved that certain
12 officials have not obeyed the law, which injured him. If his evidence
has not been sufficient, Haines v Kerner, 404 U.S. 519 states that
regardless of the deficiencies in their pleadings, pro se litigants
are entitled to the opportunity to submit evidence in support of
16 their claims. Sherar v. Cullen, 481 F. 2d 946 (1973) states "[t]here
can be no sanction or penalty imposed upon one because of his
exercise of Constitutional Rights", which include his right to
present his case to and be assisted by the court, and request and
20 receive proper compensation.
FACTS
4. APPELLANT re-alleges herein the facts described in his Amended
24 Complaint.
5. While he was riding his bicycle lawfully, a van hit and disabled
him on 06/04/2013 in Key Largo, FL, due to the lack of the "TWO-WAY
BIKE ROUTE" traffic warning sign (TW BR TWS or TWRS) as required by
28 the FL and Federal laws, for which he started a lawsuit in 2017 in
the FL Court -see Valentin Spataru vs. Florida Department of
Transportation (DOT), et al.-; that lawsuit was dismissed immorally
and abusively -against U.S. Const. Amend.I, which guarantees his
Page 2 of 24
right to petition the government, including the courts- because he
had started more than four lawsuits at that time. After the van hit
him in 2013, he has commented in public about suing FL Department of
4 Transportation and others for abuses, thus he antagonized some
officials in Florida, and their supporters and beneficiaries,
including most probably Group Gov; they retaliated illegally by
conspiring against him, abusing and injuring him (We need to be able
8 to talk in public without any retaliation, about the debilitating
effects of corruption due to which many streets in Key Largo did not
have the required TW bike route traffic warning sign and there were
no proper community services in South Florida, such as victims funds,
12 free or on credit health recovery hospital/home/hotel, and health and
legal care for injured persons. We need to be able to ask for and
monitor investigations of criminals who infiltrated our country's
private or public organizations, including our governments).
16 6. Florida Constitution, Article X, Section 11 allows a person to
swim and use beaches below the mean high water lines with or without
a snorkel, and Monroe County (MC), FL, Code of Ordinances (CO), Ch.
26, Art. IV., Sec. 26-98 (b) allowed him to swim with a snorkel,
20 thus, APPELLANT swum lawfully, and APPELLEES KERN and MADNICK
arrested him illegally.
7. APPELLEES were part of a conspiracy which abuses and causes
“accidents” and injuries to people who comment about the corruption
24 and other abuses, even though U.S. Const. Amend. I guarantees
the freedom of speech. Beyond a reasonable doubt, APPELLEES were part
of a conspiracy group who have profiteered from the corruption of the
public services and works, such as the construction of the bike route
28 in Key Largo without the proper traffic warning signs (how much money
were stolen by not installing the TW BR TWS signs and by who?), which
caused an accident that disabled him. Respectfully, the APPELLANT
requests you to order DOJ, NSA to investigate, prosecute and stop the
Page 3 of 24
abusive local or regional conspiracy. Respectfully, he requests you
to make sure that the investigators are not part of the organized
criminal conspiracy1, also by analyzing the solving rates of the
4 investigators; historically, most unsolved crimes have been committed
by the investigators or their families or friends.
8. In addition, see an article by a former manager of a gang-stalking
“syndicate”, http://www.truedemocracy.net/hj35/14.html, also in the
8 file at https://1drv.ms/b/s!AoQWyvOQcbRYg6tTyDuyhSu1TdVwxQ?e=4dT4gT.
Indeed, he has become OrC's target, and they use all possible methods
to annihilate their targets, including the APPELLANT, without
suffering any consequences. Indeed, APPELLEES injured him to continue
12 profiteering from their corruption, they used their power and also
the illegal discrimination prejudices of others to injure and silence
him.
9. Respectfully, the APPELLANT requests you to counteract and stop
16 the organized crime (OrC) by putting safety and care for every person
first in our communities; and to ensure that all companies,
organizations, government departments, products and services are and
will be safe for all. There will be no abuses and “accidents” in the
20 future if the court punishes the abusers severely.
10. There is a presumption that government always acts correctly and
within the law but he has proved by a preponderance of the evidence
that certain officials have not obeyed the law, which injured the
24 APPELLANT. If his evidence has not been sufficient, Haines v Kerner,
404 U.S. 519 states that regardless of the deficiencies in their
pleadings, pro se litigants are entitled to the opportunity to submit
evidence in support of their claims. Sherar v. Cullen, 481 F. 2d 946
1 “the FBI agent ended up going down also for taking bribes and for the 1973 murder of a Bulger
target in Florida. He will die in prison.” - https://www.investigationdiscovery.com/crimefeed/crime-
history/whitey-bulger-5-pop-culture-takes-on-boston-irish-mob-legend. “Around June 1984, the Key
West Police Department located in Monroe County, Florida, was declared a criminal enterprise
under the federal RICO statutes […] running a protection racket for illegal cocaine smugglers.”
https://www.wikiwand.com/en/Racketeer_Influenced_and_Corrupt_Organizations_Act.
Page 4 of 24
(1973) states "[t]here can be no sanction or penalty imposed upon one
because of his exercise of Constitutional Rights", which include his
right to present his case to and be assisted by the court, and
4 request and receive proper compensation.
11. If the FBI, NSA and other professional investigators are
independent, respectfully, the APPELLANT requests you to order them
to investigate the APPELLEES. He offers to volunteer for the
8 professional investigators if they do not have the enough personnel.
12. In addition, if you decide to deny his complaint without jury
trial, you would cause major adverse effects upon his life and even
the whole society. Due to his homelessness caused directly, at least
12 10%, proximately -at least 50%- by the APPELLEES, he was injured more
-almost killed- in an attack in 2019 in the City of Miami Beach
(CMB), FL. One attacker, a bodybuilder -with reduced head size most
probably due to the alcoholism (respectfully, the APPELLANT requests
16 you to order all government offices to issue a special ID to an
alcoholic, so that such a person may not purchase or receive
alcoholic drinks) of his parents, and most probably on illegal
steroids (respectfully, the APPELLANT requests you to order severe
20 punishment for illegal steroid use) to increase his muscle mass,
steroids which decreased further his thinking capacity-, missed his
temple by one inch -because he moved his head up one inch one second
before the impact-, and the temple is a death-causing area at heavy
24 impacts. Did Divine energies, angels or extraterrestrials cause a
gust of cold wind to cool his burning brain to keep him alive? Or is
it the normal cooling feeling after the intense burning caused by a
heavy impact to head? They attacked him illegally, without warning
28 and provocation, not in self-defense, as he was not belligerent or
aggressive, and they almost killed him. Respectfully, the APPELLANT
requests you to ask the DOJ to find them and prosecute them. Most
probably, they were instruments of the organized crime which wants to
Page 5 of 24
kill him, as he is against and advise all against illegal use and
trading of drugs, sexual services and loans, and against excessive
gambling. Had he had a home, they would not have had a place to
4 attack him without video recording them or witnesses. Respectfully,
the APPELLANT requests you to order all the local governments in the
USA -and the entire world, through the UN- to provide adequate
transitional or permanent housing -one private, decent room for each
8 anxious person- to all homeless persons for their recovery, free or
on credit; make it illegal for an individual to consume illicit or
too much licit steroids, and for anyone to hire such individuals as
guards or in other posts with direct contact with people; and make it
12 illegal for pregnant women and conceiving parents to consume too much
alcohol, and to sell or give too much alcohol to pregnant women and
conceiving parents.
13. APPELLEE KERN caused severe hyperthermia to APPELLANT. During his
16 detention in a SDMC's car by APPELLEE KERN, the temperature inside
the separated, isolated, detention area (SDA) -that had no
functioning a/c- of the car exceeded 104 degrees F, the limit when
the human thermoregulatory mechanism starts to be overwhelmed. Truly,
20 the temperature in KL at around 7 PM was above 85 F -see National
Climatic Data Center (NCDC)'s National Environmental Satellite, Data,
and Information Service, https://www.ncdc.noaa.gov/cdo-
web/datasets/LCD/stations/WBAN:12896/detail; also, see
24 https://1drv.ms/b/s!AoQWyvOQcbRYg6wTzTCkfqF7ZKKF6w?e=Dysqi0-, and the
car was parked in sunlight, therefore, the temperature inside its SDA
was more than 119 F -see https://www.compustar.com/blog/how-hot-can-
a-car-get/-, and its inside heat index was above 190 -see
28 https://goodcalculators.com/heat-index-calculator-. “Basically the
car becomes a greenhouse. At 70 degrees on a sunny day, after a half
hour, the temperature inside a car is 104 degrees. After an hour, it
can reach 113 degrees.” https://www.readthehook.com/85587/news-
32 spring-tragedy-baby-dies-jag-school-parking-lot, by Jan Null, adjunct
Page 6 of 24
professor at San Francisco State University,
https://ggweather.com/expert.htm, jnull@ggweather.com, ph: (650) 712-
1876. “When temperatures outside range from 80 degrees to 100
4 degrees, the temperature inside a car parked in direct sunlight can
quickly climb to between 130 to 172.” Centers for Disease Control and
Prevention, https://abcnews.go.com/US/story?id=92943. Also, see
https://www.noheatstroke.org/hot_car_ani_90.gif. The temperature of
8 the seats “got even hotter.” https://www.livescience.com/62651-how-
hot-cars-get.html.
14. The body temperature rises due to anger - Anger - how it affects
people,
12 https://www.betterhealth.vic.gov.au/health/healthyliving/anger-how-
it-affects-people -, which the APPELLEE knew and used to torture the
APPELLANT in the overheated SDA, even more. Cortisol, which is the
stress hormone, “tends to rise when the temperatures begin to soar.”
16 Does This Hot Weather Make You Angry?,
https://www.ndtv.com/food/does-this-hot-weather-make-you-angry-the-
reason-will-surprise-you-1844206, thus, the APPELLANT was injured
even more. Each of his breaths “would introduce humidity into the
20 vehicle. 'They are exhaling humidity into the air,' Selover said.
'When there is more humidity in the air, a person can't cool down by
sweating because sweat won't evaporate as quickly,'” id, which made
the APPELLANT suffer in the isolated SDA, even more.
24 15. “Heatstroke is clinically defined as when a person's temperature
exceeds 104 degrees F and their thermoregulatory mechanism is
overwhelmed. Symptoms include : dizziness, disorientation, agitation,
confusion, sluggishness, seizure, hot dry skin that is flushed but
28 not sweaty, loss of consciousness, rapid heart beat, hallucinations.
When a core body temperature of 107 degrees F or greater is
reached then cells are damaged and internal organs begin to shut
down. This cascade of events can rapidly lead to death.”
Page 7 of 24
https://www.noheatstroke.org/medical.htm. “At 110 to 111, your cells
begin to break down. Proteins distort. Liver cells die; the tiny
tubes in your kidneys are grilled. The large Purkinje neurons in your
4 cerebellum vanish. Your muscle tissues disintegrate. The sheaths of
your blood vessels begin to leak, causing hemorrhaging throughout
your body, including your lungs and heart. There is now blood in your
vomit.” https://www.outsideonline.com/2398105/heat-stroke-signs-
8 symptoms – also, see The Heat Shock Response: Life on the Verge of
Death – ScienceDirect,
https://www.sciencedirect.com/science/article/pii/S1097276510007823.
16. Heatstroke “may lead to long-term brain damage. […] you might end
12 up […] clumsy [, which happened to the APPELLANT] or slur your speech
[, which happened to the APPELLANT, too]. Case reports of long-
lasting personality changes (similar to those caused by traumatic
brain injury) also exist […] Drugs that have anti-
16 cholinergic properties (including some of those used to treat
schizophrenia, depression [-which he was taking, but, criminally, the
APPELLEES did not ask him-], and Parkinson’s disease) inhibit
perspiration and otherwise increase the risk of overheating.” Can a
20 heat wave make you insane?, https://slate.com/news-and-
politics/2011/08/can-a-heat-wave-make-you-insane.html.
VIOLATIONS BY THE APPELLEES IN GROUP HI OF APPELLANT'S RIGHTS

24 17. APPELLANT re-alleges herein the preceding paragraphs.
18. Unlawfully, the APPELLEES IN GROUP HI conspired and made a bogus
call and lied to APPELLEES KERN and MADNICK to offer them a pretext
to injure him.
28 19. As a direct and proximate result of the conspiracy by the
APPELLEES IN GROUP HI, APPELLANT SPATARU was injured severely and has
suffered grievously to this day and will continue to suffer into the
future for the rest of his life, as described above.
Page 8 of 24
WHEREFORE, APPELLANT SPATARU prays for entry of judgment against the
APPELLEES for compensatory, punitive, and special damages, the costs
of this action, together with interests, as allowed by all applicable
4 State and Federal laws, and prays for a Trial by Jury on all issues.
VIOLATIONS BY THE APPELLEES IN GROUP SDMC OF APPELLANT'S RIGHTS

COUNT I: CIVIL AND CRIMINAL CONSPIRACY UNDER FLA. STAT. § 777.04(3),
8 18 U.S.C. §§ 1961–1968 (RICO ACT), AND 42 U.S.C. § 1985
20. APPELLANT re-alleges herein the preceding paragraphs.
21. The APPELLEE OFFICERS, acting in the course and scope of their
duties as police officers employed by the MCSD and with the approval
12 from FDFS and AuG agreed to fabricate evidence and eliminate adverse
evidence in order to batter, falsely arrest, hide their abuses
against APPELLANT SPATARU, and stop him from complaining to Court.
22. In furtherance of this agreement, the APPELLEE OFFICERS
16 fabricated evidence and eliminated adverse evidence after assaulting,
battering and falsely arresting APPELLANT SPATARU.
23. In violation of the Baker Act -Fla. Stat. § 394.459-, APPELLEE
OFFICERS used unacceptable use of force, including use of handcuffs,
20 on APPELLANT, a patient suffering from and having been treated for
depression, which they knew.
24. The prior cases hold conspirators liable for “harm caused by
other members of a conspiracy to commit an intentional tort” - Morris
24 USA Inc. v. Boatright, 2017 WL 1356285; Walters v. Blankenship, 931
So.2d 137, 140 (Fla. 5th DCA 2006).
25. The APPELLEES are part of a criminal "enterprise" to profiteer
from the corruption in public works and other illegal actions.
28 Respectfully, he requests you to order DOJ to investigate also all
public works in South Florida and all other persons involved.
26. Organized crime (OrC) by the APPELLANTS is a continuing and self-
perpetuating criminal conspiracy, having an organized structure, fed
Page 9 of 24
by fear or corruption or both, and motivated by greed. All required
elements of a RICO claim are present;
27. repeated acts (a RICO pattern -truly, he has been injured by
4 employees of the executive branch of the government also before and
after the subject incident-),
28. constituting specific crimes,
29. committed in specific ways by an identifiable group of people (a
8 RICO enterprise) who control, corrupt and influence unlawfully the
APPELLEES.
30. The RICO Act focuses specifically on racketeering and allows
the leaders of a syndicate to be tried for the crimes
12 they ordered others to do or assisted them in doing.
31. A civil RICO action can be filed in state or federal court.
32. Both the criminal and civil components allow the recovery
of treble damages (damages in triple the amount of
16 actual/compensatory damages).
33. As a direct and proximate result of the conspiracy by the
APPELLEES, APPELLANT SPATARU was injured severely and has suffered
grievously to this day and will continue to suffer into the future
20 for the rest of his life, as described above and in his Amended
Complaint.
WHEREFORE, APPELLANT prays for entry of judgment against the
24 of this action, together with interests, as allowed under 18
U.S.C. §§ 1961–1968 (RICO Act), Fla. Stat. § 777.04(3), the Baker
Act, and all other applicable State and Federal laws, and prays for a
Trial by Jury on all issues.
28
COUNT II: BATTERY AND AGGRAVATED BATTERY BY VIOLATION OF 42 U.S.C. §
1983
Page 10 of 24
35. The APPELLEES subjected APPELLANT to a deprivation of his rights
under the Constitution and laws of the United States within the
meaning of 42 U.S.C. § 1983. Stated with more particularity, the
4 above described actions violated at least his Fourth, Fifth, and
Fourteenth Amendments' rights.
36. The actions described above and in APPELLANT's Amended Complaint

involving APPELLANT were taken individually and jointly by employees
8 and/or agents of the SDMC under Color of State Law. The laws
pertaining to freedom from the use of excessive and unreasonable
force were clearly defined, established and well settled at the time
of the actions taken by the APPELLEEs.
12 37. The actions of the APPELLEES IN GROUP SDMC were objectively

unreasonable under the circumstances based on the perspective of a
reasonable officer. No reasonable officer could deem it necessary to
arrest and suffocate a non-violent individual deserving no criminal
16 charges, who was cooperating.
38. The APPELLEE OFFICERS arrested him without probable cause as a

matter of fact because he had not committed any offense whatsoever.
Indeed, APPELLEE OFFICERS' fabricated evidence would be disproved by
20 video evidence.
39. Similarly, the APPELLEE OFFICERS arrested him without probable
cause as a matter of law because officers may not arrest a citizen
when no crime has been committed or is in the process of being
24 committed.
40. As a direct and proximate result of the acts and omissions of the
APPELLEES IN GROUP SDMC, APPELLANT was deprived of his rights
afforded under the United States Constitution, including but not
28 limited to the Fourth, Fifth, and Fourteenth Amendments, the United
States Code of Laws, and the laws of the State of Florida, including
but not limited to the Baker Act.
Page 11 of 24
41. As a direct and proximate result of the acts and omissions of the
APPELLEES IN GROUP SDMC, APPELLANT has endured grievous bodily
injuries resulting in physical pain and suffering and diminished
4 health, mental pain and suffering, loss of capacity for the enjoyment
of life, the expense of medical care and treatment, loss of earnings,
diminution and loss of the ability to study and to earn money which
are either permanent or continuing to this day and likely to continue
8 into the future. In addition, APPELLANT has been brought into public
scandal with great humiliation and damage to his reputation, and has
suffered deprivation of his liberty and freedom, severe mental and
emotional suffering arising from fear of abusive detention and other
12 abuses, and the humiliation, shame, embarrassment, and disgrace from
illegal arrest and detention. Moreover, his family and relatives have
suffered grievously, have been brought into public scandal with great
humiliation and damage, and have sustained mental pain and suffering.
16 All the losses are continuing in nature and will continue to occur in
the future.
42. APPELLANT SPATARU did not consent to the harmful actions of the
APPELLEES.
20 WHEREFORE, APPELLANT prays for entry of judgment against the

State and Federal laws, and prays for a Trial by Jury on all issues.
24
COUNT III: AGGRAVATED ASSAULT UNDER FLA. STAT. § 784.021

44. During the unneeded arrest by APPELLEE KERN, threateningly, he

shouted to APPELLANT SPATARU to “get out of” Monroe County, which
APPELLANT SPATARU has interpreted as an order to avoid further
4 “inconveniences”, and which was an aggravated assault. He wants to
Page 12 of 24
move away but is not able to move due to his health issues and
lawsuits that he started -please advise him where to go to be safe
from abuses-.
45. APPELLEE KERN did an intentional, unlawful threat by words to do
illegal violence to PLAINTIFF.
46. His threat was coupled with an apparent ability to do so.
47. His participation in the conspiracy to injure APPELLANT to
continue to profiteer as described above created a well-founded fear
in him that such violence will be imminent if he would not move away
4 from MC or would comment more about local corruption.
48. APPELLEE KERN had a deadly weapon.
49. APPELLEE KERN is guilty of violations under FLA. STAT. § 784.011
-Assault- and § 784.021 -Aggravated assault-, punishable as provided
in FLA. STAT. § 775.082, § 775.083, or § 775.084.
4 WHEREFORE, APPELLANT SPATARU prays for entry of judgment against the
8
VIOLATIONS BY THE APPELLEES IN GROUP MC COURTS
50. PETITIONER re-alleges herein the preceding paragraphs.
51. Florida Constitution, Article X, Section 11 allows a person to
12 swim and use beaches below the mean high water lines with or without
a snorkel, and Monroe County (MC), FL, Code of Ordinances (CO), Ch.
26, Art. IV., Sec. 26-98 (b) allowed him to swim with a snorkel,
thus, APPELLANT swum lawfully, and APPELLEE JUDGE PTOMEY, acting in
16 the course and scope of his duties as MC County Judge, had no
probable cause of actions against him; he violated the Fourth
Amendment of the U.S. Const., 42 U.S.C. § 1983 and § 1985, and
Madiwale v. Savaiko, 117 F.3d 1321, 1324 (11th Cir. 1997), thus, a
Page 13 of 24
cause of action for damages may be asserted by APPELLANT SPATARU
against him according to Brown v. City of Huntsville, Ala., 608 F.3d
724, 734 n.15 (11th Cir. 2010). Indeed, his plea of no contest at the
4 arraignment hearing then at the criminal trial in 2015 regarded
snorkeling lawfully in the public water nearby -within 100 ft from-
his boat, thus it did not establish probable cause for his arrest,
detention and conviction for trespassing on private property, and it
8 did not preclude a challenge of the legality of his arrest,
detention, prosecution, and conviction by way of a civil suit for
false, wrong, abusive, injuring and corrupt arrest, detention,
prosecution, and conviction in state or federal courts. A voluntary
12 surrender to the authorities still constitutes a seizure under the
Fourth Amendment. Albright v. Oliver, 510 U.S. 266, 271 (1994).
52. APPELLEE JUDGE PTOMEY was part of a conspiracy which abuses and
causes “accidents” and injuries to people who comment about the
16 corruption and other abuses.
53. APPELLEE JUDGE PTOMEY ilegally accepted the fabricated evidence
of the APPELLEE OFFICERS as true. The APPELLEES are part of a
criminal "enterprise" to profiteer from the corruption in public
20 works and other illegal actions.
54. The prior cases hold conspirators liable for “harm caused by
USA Inc. v. Boatright, 2017 WL 1356285; Walters v. Blankenship, 931
24 So.2d 137, 140 (Fla. 5th DCA 2006).
Complaint.
Page 14 of 24
of this action, together with interests, as allowed under 18
U.S.C. §§ 1961–1968 (RICO Act), Fla. Stat. § 777.04(3), and all other
applicable State and Federal laws, and prays for a Trial by Jury on
4 all issues.
VIOLATIONS BY THE APPELLEES IN GROUP MONROE COUNTY [KL AREA

COMMISSIONER SYLVIA MURPHY, MC ADMINISTRATOR ROMAN GASTESI -ALL IN
8 IOC-; MC, MCDSS, AuG AND FDFS, AND THEIR OTHER INVOLVED EMPLOYEES AND
AGENTS, IOC]
CIVIL AND CRIMINAL CONSPIRACY UNDER FLA. STAT. § 777.04(3), 18

12 U.S.C. §§ 1961–1968 (RICO ACT), AND 42 U.S.C. § 1985 TO HARM
APPELLANT BY NOT PROVIDING THE ADEQUATE HOUSING REQUIRED BY UDHR
57. THE APPELLEES IN GROUP MONROE COUNTY, acting in the course and
16 scope of their duties as officials employed by MC and with the
approval from FDFS and AuG conspired to harm the APPELLANT by not
providing him after a van hit him due to illegal lack of traffic
warning sign, at least since April 2014, the adequate housing and
20 health care required by UDHR. The Universal Declaration of Human
Rights (UDHR) is a milestone document in the history of human rights.
Drafted by representatives with different legal and cultural
backgrounds from all regions of the world, the Declaration was
24 proclaimed by the United Nations General Assembly in Paris on 10
December 1948 (General Assembly resolution 217 A) as a common
standard of achievements for all peoples and all nations. It sets
out, for the first time, fundamental human rights to be universally
28 protected and it has been translated into over 500 languages. Article
25 of UDHR states, “Everyone has the right to a standard of living
adequate for the health and well-being of himself and of his family,
including food, clothing, housing and medical care and necessary
Page 15 of 24
social services, and the right to security in the event of
unemployment, sickness, disability, widowhood, old age or other lack
of livelihood in circumstances beyond his control.“ Moreover, the
4 “International Covenant on Economic, Social and Cultural Rights has
been ratified or acceded to by 108 States. This text contains perhaps
the most significant foundation of the right to housing found in the
entire body of legal principles which comprise international human
8 rights law. Article 11.1 of the Covenant declares that: The States
Parties to the present Covenant recognize the right of everyone to an
adequate standard of living for himself and his family, including
adequate food, clothing and housing, and to the continuous
12 improvement of living conditions. The States Parties will take
appropriate steps to ensure the realization of this right.”
https://www.un.org/ruleoflaw/files/FactSheet21en.pdf.. “In addition
to these two sources, both the United Nations Declaration on Social
16 Progress and Development (1969) and the United Nations Vancouver
Declaration on Human Settlements (1976) recognize the rights of
everyone to adequate housing.” id.
58. APPELLANT SPATARU was placed on a waiting list for subsidized,
20 poublic housing in KL in 2014 by MC but Group MC illegally moved
other, more recent applicants ahead of him, thus APPELLANT SPATARU
had to live in his sailboat until September 2017 even though he was
disabled and it was painful.
24 59. The prior cases hold conspirators liable for “harm caused by
USA Inc. v. Boatright, 2017 WL 1356285; Walters v. Blankenship, 931
So.2d 137, 140 (Fla. 5th DCA 2006).
28 60. The APPELLEES are part of a criminal "enterprise" to profiteer
from the corruption in public works and other illegal actions.
Respectfully, he requests you to order DOJ to investigate also all
public works and services in South Florida and all other persons
32 involved.
Page 16 of 24
Complaint.
8 of this action, together with interests, as allowed under 18
U.S.C. §§ 1961–1968 (RICO Act), Fla. Stat. § 777.04(3), and all other
applicable State, Federal, and United Nations laws, and prays for a
Trial by Jury on all issues.
12
VIOLATIONS BY THE APPELLEES IN GROUP LEGISLATORS
63. Unlawfully, the APPELLEES IN GROUP LEGISLATORS conspired to
16 enslave many lawful citizens, and voted laws which were against the
U.S. Constitution.
64. They voted against the provision of the services of the Public
Defender free of charge as US Constitution requires. Even though
20 APPELLANT SPATARU wanted to do public volunteering for the services
of the Public Defender, Judge Ptomey did not accept; moreover,
APPELLANT SPATARU would have paid the fee later if the services of
the PD had proved satisfactory.
24 65. The APPELLEES IN GROUP LEGISLATORS voted abusive limits for
remedies. Respectfully, in the interest of justice, the APPELLANT
requests you to order the legislators in Florida to respect the
Constitution of the USA, which forbids cruelty, corruption and
28 abuses, and to eliminate all abusive limits for remedies, as the
state of Oklahoma did recently; “the Oklahoma Supreme Court ruled
that arbitrary caps on pain and suffering damages imposed by the
Legislature are unconstitutional. In 2009, the majority in the
Page 17 of 24
Legislature pushed through legislation to limit pain and suffering
damages despite repeated warning that it was unconstitutional.”
https://kfor.com/2019/04/23/oklahoma-supreme-court-invalidates-civil-
4 justice-damages-cap/.
66. The APPELLEES IN GROUP LEGISLATORS voted abusively to eliminate
trial by an impartial, public jury in the courts of the state, in
cases like mine.
8 67. As the proximate and direct result of the egregious, intentional
conduct of the APPELLEES IN GROUP LEGISLATORS, APPELLANT SPATARU was
injured severely and has suffered grievously to this day and will
continue to suffer into the future for the rest of his life, as
12 described above and in his Amended Complaint.

16 State and Federal laws, and prays for a Trial by Jury on all issues.
VIOLATIONS BY ALL APPELLEES OF APPELLANT'S RIGHTS

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
69. The APPELLEES acting in the course and scope of their duties
intentionally injured APPELLANT SPATARU, as described above and in
his Amended Complaint.
24 70. APPELLEES knew or should have known that distress would likely
result.
71. The conduct of APPELLEES was egregious and beyond any notion of
decency and must be regarded as odious and intolerable in civilized
28 society. All APPELLEES were in a position of power and owed him a
fiduciary duty; indeed, he was vulnerable and they knew it.
72. As the proximate and direct result of the egregious, intentional
conduct of APPELLEES, APPELLANT SPATARU was injured severely and has
Page 18 of 24
suffered grievously to this day and will continue to suffer into the
future for the rest of his life, as described above and in his
Amended Complaint.
4 73. APPELLEES' egregious, intentional conduct was the proximate cause
for APPELLANT SPATARU’s severe injuries and distress.
8 of this action, together with interests, as allowed by all applicable
HATE CRIMES UNDER FLA. STAT. § 775.085

75. APPELLANT was born in Romania (current member of NATO and EU),
outside the USA (he became a citizen of the USA by naturalization in
2002), his ethnic origin is Moldovan-Romanian; the color of his skin
16 turns -due to a protective reaction- from white to bronze2 during
exposure to sunlight-, his health status has been disabled by abusive
incidents and attacks, his religion is Rational-Scientific
Christianity and Human Rights, his political preference is for
20 Ethical Democracy and Laws.
76. Unlawfully, the APPELLEES hated the personal characteristics of
the APPELLANT, which are different from the personal characteristics
of the APPELLEES and thus, made them even more to conspire and commit
24 hate crimes against him.
77. As a direct and proximate result of the hate crimes by the
2 “the Whiter one appears, the more the suspect will be protected from police force.”
https://journals.sagepub.com/doi/abs/10.1177/1948550616633505; “whites received, on average,
longer prison sentences if they had Afrocentric features.” https://psmag.com/news/cops-use-less-
force-on-suspects-who-look-really-really-white. My skin is completely white only during winters
but notify all that his education made him be against crimes during all seasons, no matter how
tanned his skin is.
Page 19 of 24
grievously.
78. APPELLANT has a civil cause of action for treble damages, an
injunction, or any other appropriate relief in law or in equity. Upon
4 prevailing in such civil action, the APPELLANT may recover reasonable
attorney fees and costs. Fla. Stat. § 775.085(2).

8 of this action, together with interests, as allowed by all applicable
DISCRIMINATION
80. The APPELLEES owed a duty to APPELLANT and to the public interest
to provide him with their proper services and not to discriminate him
on any basis, pursuant to 42 U.S.C. § 12131 et seq. with 28 C.F.R
16 Part 35, 29 U.S.C. § 794 with 28 C.F.R. Part 42, 34 U.S.C. § 10228(c)
(1) , and 42 U.S.C. § 2000d et seq. and all other applicable State,
Federal, and United Nations laws.
81. The APPELLEES have, by reason of disability, race, color,
20 religion, and national origin -as described above and in APPELLANT's
Amended Complaint- excluded APPELLANT from participation in, and
denied him the benefits of, their proper services.
82. The APPELLEES have acted intentionally and with deliberate
24 indifference to PLAINTIFF's well-being and to the public interest.
83. As a direct and proximate result of discrimination by the
APPELLEES, PLAINTIFF, an individual with disabilities, and of a
different race, color, religion, and national origin from the
28 APPELLEES, has suffered severe injuries, frustration, and distress,
as described above and in his Amended Complaint.
84. Unless restrained and ordered to compensate APPELLANT by this
Court, the APPELLEES will continue to engage in the conduct and
Page 20 of 24
practices set forth above and in his Amended Complaint.
WHEREFORE, APPELLANT SPATARU prays respectfully for a Trial by Jury
on all issues, and for entry of judgment against the APPELLEES for
4 compensatory, punitive, and special damages, the costs of this
action, together with interests, as allowed under 42 U.S.C. § 1983
and § 1988 and all other applicable State and Federal laws.
8 Certificate of Compliance per FRAP 32(g)(1)
The document complies with the type-volume limitation.
APPELLANT SPATARU has filed electronically; please let him know if

you need paper copies and how many.
12
Certificate of Interested Persons, and of Service to Them
APPELLANT SPATARU certifies that the following persons and entities
have or may have an interest in the outcome of this case,
16 – Sheriff Department of Monroe County, FL (SDMC), 5525 College Road,
Key West, FL 33040, in c/o greg@purdylaw.com,
– Cody Kern, its Deputy, in c/o greg@purdylaw.com,
– Deputy Madnick, its Deputy, in c/o greg@purdylaw.com,
20 – Rick Ramsay, its Sheriff, rramsay@keysso.net, (305) 292-7001,
– Gregory J. Jolly, Esq., their counsel, greg@purdylaw.com, Purdy,
Jolly, Guiffreda and Barranco, PA, 2455 East Sunrise Boulevard Suite
1216, Fort Lauderdale, FL 33304;
24 – Anitere Flores, FL State Senator, in c/o Dnordby@shutts.com,
– Daniel E. Norby, Esq., her counsel, Dnordby@shutts.com, Shutts &
Bowen, LLP., 215 South Monroe Street, Suite 804, Tallahassee, Florida
32301,
28 – Jeremiah Hawkes, Esq., her co-counsel,
hawkes.jeremiah@flsenate.gov, The Florida Senate, 302 The Capitol,
404 South Monroe Street, Tallahassee, Florida 32399,
Page 21 of 24
– other involved FL legislators, not yet identified, in c/o
Dnordby@shutts.com;
– Monroe County (MC), in c/o Hall-cynthia@monroecounty-fl.gov,
4 – Roman Gastesi, its administrator, in c/o Hall-cynthia@monroecounty-
fl.gov,
– Sylvia Murphy, its commissioner, in c/o Hall-cynthia@monroecounty-
fl.gov,
8 – other involved employees of Monroe County, not yet identified, in
c/o Hall-cynthia@monroecounty-fl.gov,
– Cynthia L. Hall, Esq., their counsel, Hall-cynthia@monroecounty-fl.gov,
Monroe County Attorney’s Office, 1111 12 th Street, Suite 404, Key
12 West, Florida 33040;
– the Sixteenth -for MC- Judicial Circuit Court, in c/o
Meghan.Daigle@myfloridalegal.com,
– Luis Garcia, MC Circuit Judge, in c/o
16 Meghan.Daigle@myfloridalegal.com,
– William R. Ptomey, former MC judge, in c/o
Meghan.Daigle@myfloridalegal.com,
– Meghan B. Daigle, Esq., their counsel, Senior Assistant Attorney
20 General, Office of the Attorney General (OAG), PL-01 The Capitol,
Tallahassee, Florida 32399, Meghan.Daigle@myfloridalegal.com,
– Stevi Parker, their counsel assistant, OAG,
stevi.parker@myfloridalegal.com;
24 – Florida Auditor General, flaudgen@aud.state.fl.us, 111 W Madison
St, Tallahassee, FL 32399,
– its involved employees, not yet identified, in c/o
flaudgen@aud.state.fl.us;
28 – Florida Department of Financial Services, 200 E. Gaines Street,
Tallahassee, Florida 32399-0338, ph. (850) 413-3122,
– its Administrator, Kelly Hagenbeck, South Tort Claims Unit,
Division of Risk Management, kelly.hagenbeck@myfloridacfo.com,
32 (850)413‐4866,
Page 22 of 24
– its Administrator, Chris Taul, Federal Civil Rights Claims Unit,
Division of Risk Management, (850)413‐4858,
Chris.Taul@myfloridacfo.com,
4 – its other involved employees at all times material, not yet
identified, in c/o Chris.Taul@myfloridacfo.com;
– Hampton Inn, Inc. (HI),
– United States Corporation Company (USCC), its Registered Agent,
8 sop@cscglobal.com,
– Hilton, Inc., owner of HI, in c/o sop@cscglobal.com,
– the involved employees of HI, Hilton, and USCC, at the highest
management level at all times material, not yet identified, in c/o
12 sop@cscglobal.com,
– Paul Thomas, HI employee at 102400 O/S Highway, Key Largo, in c/o
sop@cscglobal.com,
– Chavone Wilson, HI employee at 102400 O/S Highway, Key Largo, in
16 c/o sop@cscglobal.com,
– J. Agent, HI employee at 102400 O/S Highway, Key Largo, FL, whose
name he does not know, thus he refers to the person as J. Agent, in
c/o sop@cscglobal.com.
20 APPELLANT SPATARU certify that, on 11/06/20, a copy of this document
was sent via e-mail to all the above e-mail addresses; other e-
addresses were not provided to him by the APPELLEEs.
24 Respectfully submitted,
Valentin Spataru, pro se

c/o CILK - Center for Independent Living, 103400 Overseas Hwy. #243,
28 Key Largo, FL 33037
Mobile cell phone: 305 615 0061, Em.: valespa@outlook.com,
valentin.spataru.macc.cpa@gmail.com
Page 23 of 24
Dated: 11/06/2020
Table of Contents
FACTS............................................................... 2
VIOLATIONS BY THE APPELLEES IN GROUP HI OF APPELLANT'S RIGHTS.......8
VIOLATIONS BY THE APPELLEES IN GROUP SDMC OF APPELLANT'S RIGHTS.....8
COUNT I: CIVIL AND CRIMINAL CONSPIRACY UNDER FLA. STAT. §
777.04(3), 18 U.S.C. §§ 1961–1968 (RICO ACT), AND 42 U.S.C. § 1985 8
COUNT II: BATTERY AND AGGRAVATED BATTERY BY VIOLATION OF 42 U.S.C.
§ 1983 ..........................................................10
COUNT III: AGGRAVATED ASSAULT UNDER FLA. STAT. § 784.021.........12
VIOLATIONS BY THE APPELLEES IN GROUP MC COURTS..................... 13
VIOLATIONS BY THE APPELLEES IN GROUP MONROE COUNTY [KL AREA
COMMISSIONER SYLVIA MURPHY, MC ADMINISTRATOR ROMAN GASTESI -ALL IN
OC-; MC, MCDSS, AuG AND FDFS, AND THEIR OTHER INVOLVED EMPLOYEES AND
AGENTS IOC] ....................................................... 14
CIVIL AND CRIMINAL CONSPIRACY UNDER FLA. STAT. § 777.04(3), 18
U.S.C. §§ 1961–1968 (RICO ACT), AND 42 U.S.C. § 1985 TO HARM
APPELLANT BY NOT PROVIDING THE ADEQUATE HOUSING REQUIRED BY UDHR. 14
VIOLATIONS BY THE APPELLEES IN GROUP LEGISLATORS................... 17
VIOLATIONS BY ALL APPELLEES OF APPELLANT'S RIGHTS.................. 18
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS ....................18
HATE CRIMES UNDER FLA. STAT. § 775.085 ..........................19
DISCRIMINATION ..................................................20
Certificate of Compliance per FRAP 32(g)(1)........................ 21
Certificate of Interested Persons, and of Service to Them..........21
Page 24 of 24

Motion To APPEAL Den. of Paup.

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Motion To APPEAL Den. of Paup.

Uploaded by

Copyright:

Available Formats

UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

Motion appealing denial for Appelant to proceed

in forma pauperis on appeal

VIOLATIONS BY THE APPELLEES IN GROUP HI OF APPELLANT'S RIGHTS

VIOLATIONS BY THE APPELLEES IN GROUP SDMC OF APPELLANT'S RIGHTS

36. The actions described above and in APPELLANT's Amended Complaint

12 37. The actions of the APPELLEES IN GROUP SDMC were objectively

38. The APPELLEE OFFICERS arrested him without probable cause as a

20 WHEREFORE, APPELLANT prays for entry of judgment against the

COUNT III: AGGRAVATED ASSAULT UNDER FLA. STAT. § 784.021

44. During the unneeded arrest by APPELLEE KERN, threateningly, he

VIOLATIONS BY THE APPELLEES IN GROUP MONROE COUNTY [KL AREA

CIVIL AND CRIMINAL CONSPIRACY UNDER FLA. STAT. § 777.04(3), 18

WHEREFORE, APPELLANT SPATARU prays for entry of judgment against the

VIOLATIONS BY ALL APPELLEES OF APPELLANT'S RIGHTS

HATE CRIMES UNDER FLA. STAT. § 775.085

WHEREFORE, APPELLANT SPATARU prays for entry of judgment against the

8 Certificate of Compliance per FRAP 32(g)(1)

The document complies with the type-volume limitation.

APPELLANT SPATARU has filed electronically; please let him know if

Valentin Spataru, pro se

You might also like