United States Court of Appeals for the Eleventh Circuit

Case No. 20-11972-B (Lower Court: 4:19-cv-10132-KMM)

VALENTIN SPATARU
Plaintiff,
vs.
R. RAMSAY, et al.,
Defendants.

Motion stating the issues Plaintiff intends to present on appeal,

claiming an entitlement to redress, and
appealing denial by the district court to proceed in forma pauperis
on appeal

Dear Court,

The issues that I, Plaintiff, intend to present on appeal are all the
issues that I had presented to the district court; for details see my
Amended Complaint to the district court -for the explanation of the
acronyms, see its pages 2-10, and after them-:
1. SDMC, MC, MC Social Services, KL Commissioner Office, MC Courts,
3DCA, FDFS, their supervisors, and their other involved employees and
agents (I call them Group Gov) violated my rights under U.S.
Constitution Amendments, Title II of the Americans with Disabilities
Act (ADA), 42 U.S.C. § 1983, § 1985, § 1988 and § 12131, et seq., 29
U.S.C. § 794 (Rehabilitation Act), and other laws; they have failed
to provide me -for my recovery after disabling injuries caused by
illegal lack of warning traffic sign- housing and other social
services.

2. Group MC which includes MC Social Services violated my rights

under the laws in the above paragraph and also my rights under
Section 533 of the Public Health Service Act (42 USC § 290cc-33).
3. Group RR and Group State Courts (I call them Group LE) violated my
rights under the laws in the above two paragraphs and also my rights
under i. Florida Constitution, Article X, Section 11, ii. Monroe
County (MC), FL, Code of Ordinances (CO), Ch. 26, Art. IV., Sec. 26-
98 (b), iii. the legal, moral and ethical principle “Lex iniusta non
est lex”, and iv. other laws and legal, moral and ethical principles.
Primarily, Group RR has caused me new and worsened my old brain,
mental and emotional issues when Group RR caused my brain's over-
heating ~30 minutes in the car used by DK without air conditioning;
truly, hyperthermia damages the body permanently (“At these high
temperatures, body proteins and the membranes around the cells in the
body, especially in the brain, begin to be destroyed or malfunction
[,thus neurons will be short-circuited]. The extreme heat can affect
internal organs, causing breakdown of the heart muscle cells and
blood vessels, damage to internal organs, and death.” Heat Stroke
(Hyperthermia) - Harvard Health, Jan 4, 2013,
https://www.health.harvard.edu/diseases-and-conditions/heat-stroke-
hyperthermia). In addition, I was not properly hydrated, which
worsened the effects of hyperthermia; please order RR to ensure that
an accused person is not dehydrated during detention (“risk of
hyperthermia include: Being dehydrated.” Jun 27, 2012, Hyperthermia:
too hot for your health | National Institutes of Health (NIH,
https://www.nih.gov/news-events/news-releases/hyperthermia-too-hot-
your-health-1). Indeed, as professionals, RR and his deputies, knew
or should have known about hyperthermia and dehydration; they have
destroyed directly at least 20% -proximately, at least 50%- of my
intellectual skills.

4. Group HI violated the laws against making a bogus call and lying
to LEEs.

Respectfully, for you to stop the abuses and fix the issues, I
request that you:

Please order RR and all LEEs in FL and USA -and even in all the other
countries- to use only police cars that provide proper air
conditioning (A/C) for all during detention, and that LEEs handcuff
the detainees loose enough and with the arms in the front not the
back of their bodies during transportation to avoid body injuries.
Please order the jail's medical requests system to be overhauled,
redesigned because the current system does not work, impairs people
-and even kills-; please order RR to ensure that an accused person is
not dehydrated during detention. Please investigate whether the funds
for the A/Cs of the cars of the SDMC have been embezzled and let me
know the conclusion.

Please ask legislators in all the USA -and even in all the other
countries- to ban corporal “punishment” -and especially hits to or
other kinds of attacks (such as hyperthermia) to the head, mind, and
abdomen- at all ages, as it injures and disables permanently (Parents
and educators should convince their students by explaining the bad
consequences of improper behavior.).

Please implement obligatory annual continuing and reminding education

courses and tests, including about logic and health issues caused by
improper conditions, with a minimum passing grade of 90/100 -followed
by review of wrong answers-, for all LEEs in all USA and even all
countries of the planet.

Please order all LEEs to wear video and sound recording cameras and
record all their actions.

Please order LEEs, including RR, to give each detainee a written

advice for the assistance by a public defender (Pu.De.), which
explains the complexity of the legal system, the independence of the
Pu.De., and the remedies if the Pu.De. is incompetent or not
independent.

Please order RR to provide at least two ways for inmates to access

their credit cards (through phone or internet), so they can pay the
bond. In addition, please order RR to make sure during the arrest
that the accused ones know friends' phone numbers and take a credit
card with them so they can pay the bond or call friends to pay.
Furthermore, please allow both the Police Officers and the Public
Defenders to access Internet Banking on behalf of the inmates to help
them pay the bond or email inmates' friends.

Please order RR to provide nutritional supplements to all inmates

because without them people will get weaker and sicker and even die.
Nutritional supplements cost under 5 cents per day per person.
Otherwise, they will be released with expensive, incurable, and even
unmanageable mental and non-mental health problems that will cost all
of us much more tax money and trouble.

Please order RR to offer and to provide the prescribed medicine and

health care to inmates because their absence makes people sicker and
even kills; and the jail to screen all's health, especially the
mental one, and offer health care to those who need and want. The
purpose of detention is educating and healing not causing more health
issues by torturous conditions and omissions.

Please order the jail to install big windows or a system of mirrors

so that inmates get proper sunlight, essential for their recovery and
well-being.

Please make it a law in all USA and even the world for the LEEs to
check the medical records of the accused, and to stop the arrest if
the injuries that the arrest can cause are bigger than the benefits
to the public.

Please revoke the professional licenses of all LEEs, including RR and

DK, who abused me; and interdict them to work as public or private
LEEs until they pass proper, federally approved LE exams which ask
about the best practices in the USA and the world1; and pass 99.9% of

1 For example, see https://www.unodc.org/e4j/en/crime-prevention-

criminal-justice/module-4/exercises.html; OHCHR, Code of Conduct
for Law Enforcement Officials,
https://www.ohchr.org/EN/ProfessionalInterest/Pages/LawEnforcementO
fficials.aspx; Germany: Low Crime, Clean Prisons, Lessons for
America, Jeff Rosen, TEDxMountainView,
https://www.youtube.com/watch?v=wtV5ev6813I; Crime Prevention &
testing questions regarding ethics and human safety and rights.

The MC chief assistant state attorney, “Manuel 'Manny' Madruga,

fatally shot himself inside his home in November 2016 after nearly
three decades of handling criminal cases in the Florida Keys.” Miami
Herald, https://www.miamiherald.com/news/local/community/florida-
keys/article116033753.html. Truly, “Impulsive-aggressive personality
disorders [… were] independent predictors of suicide”.
https://www.ncbi.nlm.nih.gov/pubmed/16263852. Besides,
“hostile/antisocial personality features may cluster in suicidal
individuals”. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1277022.
Therefore, please review all the cases that he and his team has
handled, and review all the persons whom he has employed and who have
employed him, as it is very probable that he had suffered from
impulsive-aggressive and antisocial personality disorders for a long
time, thus he and his team had committed abuses against and injured
many persons, including me.

Due to the abusive “code of silence”, the sustained rates for force-
related complaints against Chicago police officers over the eight
years prior to 2007 were statistically significantly lower, 0.5% in
2004 -please order RR to report the rates for KL and MC; and FDA or
FDFS for all FL per every city and area; please order all LEDs in the
SUA to provide LEE's use of force data and excessive force complaints
data to the public-, than the national average sustained rates
reported in the Bureau of Justice Statistics 2006 Citizens Complaints
About Police Use of Force Report for the national average for all
departments (8%) or the national average for larger departments like
Chicago (6%).

Please ensure that all LEEs' files in the USA and even in all other
countries show always all unethical actions of LEEs, for the hiring
of ethical LEEs only.

Please order Groups LE and Legislators to stop all abuses, including

Criminal Justice.
charging excessive fines.

Please investigate -and order FBI to investigate, too, and report

ASAP- why Group HI lied and why LEEs -with deliberate indifference to
my health and to the public interest- did not investigate properly to
see that my arrest would be illegal; please investigate to discover
who ordered for me to be injured and silenced and order the
conspirators to compensate me and stop my and others' harassment and
attacks.

Please order the criminal prosecution, arrest, detainment, treatment

-“Evidence suggests behaviour can improve over time with therapy,
even if core characteristics such as lack of empathy remain. […] A
person with antisocial personality disorder may also be reluctant to
seek treatment and may only start therapy when ordered to do so by a
court“, https://www.nhs.uk/conditions/antisocial-personality-
disorder/-, and permanent sterilization if their malign psychopathy
will be genetically transmitted more than 51%2, under battery,
cruelty, terrorism and other laws, of all involved in my abusive
arrest and imprisonment, torture, in the conspiracy to deprive me of
constitutional rights, in the causation of my injuries, in my non-
consensual experimentation, and in other crimes not yet identified;
please order them to compensate me and stop abuses. I offer to
volunteer to monitor legally and ethically such offenders and
suspects of future abuses.

I want to move away from FL but have not been able to move due in
part to the health issues Defendants have worsened or caused -please

2 “For both genders, Fearless Dominance exhibited a moderate negative

genetic correlation with Int. Moreover, further analysis revealed
that 66% of the phenotypic covariance between these variables was due
to genetic contributions. Conversely, Impulsive
Antisociality exhibited a moderate positive genetic correlation with
Ext, with 76% of the phenotypic covariance between these variables
due to genetic factors. […] the current data suggest that Fearless
Dominance and Impulsive Antisociality may derive from separate
etiological processes that are substantially genetic in nature”,
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2242349/
advise me where to go to be safe. Please request IRS and FBI to
investigate the sources of their wealth and stop their criminal
activities.

Even though the title of CO Ch. 26, Art. IV is “DIVING AND SNORKELING
PROHIBITED DURING LOBSTER MINI-SEASON”, ARTICLE IV Sec. 26-98 (a)
prohibits snorkeling during the first five days of commercial lobster
season too, thus, the ordinance was not and is not lawful due to its
limiting title, and does not apply to the commercial lobster season
anyways. Please investigate and prosecute the local legislators who
voted for the rule. Please order all legislators to get education
regarding the writing of laws.

Please ask all local governments in the USA -and even all world- to
post all local rules clearly in all relevant locations.

The purpose of the Mo.Co. CO, Ch. 26, Art. IV Sec. 26-98 (a) is to
harass some people to stop free speech, not to protect them, which is
criminal conspiracy and racketeering. The article is violating the
Constitution of FL, Article X, Section 11. Please order Mo.Co. to
repeal it.

I was placed on a waiting list in KL in 2014 but Group MC moved

other, more recent applicants ahead of me, thus I had to live in my
sailboat until September 2017 even though I have been disabled and
was painful. Please ask FBI to investigate the abusive changes on the
waiting list. Moreover, Group MC knew or should have known about
Neece Center, the recovery shelter in Key West, but have not told me
about it; even though Neece Center is not proper, lawful for health
recovery, it is less torture than wrong, disabling arrest and
detention. Please investigate whether the elected officials in MC and
FL -and their employees, agents or contractors- lied about their
education to be employed in posts with higher salaries, for which
they were not qualified, thus they injured me and others. I want to
volunteer for the construction of new public housing. Please
investigate whether the funds for the public recovery housing in
South FL have been embezzled. Please compare how the officials in MC
and in all South FL have developed South FL -including the extent of
South FL's public housing and other community services- with what the
best, civilized, and advanced laws and practices in the USA and the
world require; and the causes of many long and closed lists for the
public recovery housing in South FL.

Please request the DOH and CDC to build enough healthy and safe
health recovery houses with maximum two persons per room for more
privacy, and with private rooms (even small ones are better than
none) for anxious persons who need total privacy.

Please order the legislators in Florida to respect the Constitution

of the USA, which forbids cruelty, corruption and 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 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-
justice-damages-cap/.

Please identify and order to compensate me all legislators who voted

laws which were against the Constitution of the U.S.A., which
guarantees the free services of the Public Defender (even though I
wanted to do public volunteering for the services of the Public
Defender, Judge Ptomey did not accept; moreover, I would have paid
the fee later if the services of the PD had proved satisfactory), and
the trial by an impartial, public jury, but FL does not provide
anymore.
For proper justice and civilization and for the progress of our
country, urgently, please create or ask the legislators to create a
new Public Office with a name such as “Public Civil Attorney
Assistance for Mentally Injured Persons”, that must offer - free or
for credit or loan given from the public budget - professional,
independent legal help in civil cases to me and other persons in
similar situations, who do not have anymore the necessary mental
capacities promptly and completely to study, understand and memorize
the Laws and Courts' Procedures to represent themselves to prove
their complaints on time. If the Legal System does not offer
professional, independent legal help, free or for loan given from the
public budget, in civil cases to victims who cannot prove their
complaints themselves promptly because they lack the necessary mental
skills after an injury, and when attorneys will not take their cases
due to lack of available time or other reasons, then the victims will
not be able to prove their claims, thus will not be compensated, and
the perpetrators will not be punished, thus will be encouraged to
cause more suffering even to more persons, and even kill, thus to
vitiate and impair more our communities.

Please ask all LEEs to protect me even though I sued some LEEs
because of abuses. We need to be free to comment about potential
criminals who infiltrated our country's public or private
organizations and governments. Free speech is essential for the
timely corrections of abuses. Without free speech, abuses will become
systemic, which will impair communities and soon destruct the whole
nation; “the First Amendment provides American people with a
'marketplace of ideas.' Rather than having the government establish
and dictate the 'truth', freedom of speech enables the truth to
emerge from diverse opinions.”
www.lincoln.edu/criminaljustice/hr/Speech.htm.

Please investigate, prosecute and stop the abusive conspiracy against

the free speech and the people who discuss issues in public, as I
did. Beyond a reasonable doubt, Defendants were part of or
manipulated instruments of a conspiracy group that wanted to benefit
from the corruption of the public services and works, such as the
construction of the bike route in Key Largo without the proper
warning traffic signs (how much money were stolen by not installing
the signs?), which caused an accident that injured me badly. Please
ask the legislators to vote proactive laws to prevent frauds and
recover the stolen assets 100% plus the legal interest for every year
when the assets are missing, plus proper sum for pain and suffering
(P&S) that the criminals have caused. Please request FBI to
investigate, too; and make sure that the investigators are not part
of the criminal conspiracy3, also by analyzing the solving rates of
the LEEs; historically, most unsolved crimes have been committed by
the investigators or their family or friends.

Please ensure that we will have safe communities with no abusesi and
“accidents” in the future.

Please help me to live decently and recover to be able to work with

all my abilities and skills.

I claim an entitlement to redress pursuant to 28 U.S.C. §§ 2201-02,

42 U.S.C. § 1985, 34 U.S.C. § 12601 -punishes misconduct of law
enforcement (civil enforcement)-, 18 U.S.C. §§ 241, 242 -punishes
misconduct of law enforcement (criminal enforcement)-, and other laws
not yet identified by me. Defendants -and their managers if

3 “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_Organi
zations_Act.
Defendants are organizations- are liable, jointly and severally.

Respectfully, I request that you do not approve the district court to

deny my Appeal and my Motion and Application for Leave to Proceed In
Forma Pauperis on Appeal. Regarding that I “did not file [at the
district court] a motion claiming an entitlement to redress [and
(instead of “and”, erroneously, “or” is used by the district court
employees who wrote the Order to Deny my Motion for Leave to Proceed
In Forma Pauperis on Appeal, why? Please ask them to take a proper
vacation to relax and recharge ASAP, and to visit a specialist
physician if needed)] stating the issues Plaintiff intends to present
on appeal”, I have completed the form that the clerk of the district
court gave me to apply to proceed without prepaying the fees or
costs, which form did not ask for my claiming an entitlement to
redress and my stating the issues Plaintiff intends to present on
appeal. Please order the clerk of the district court to add the
required questions to the IFP form.

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

The document complies with the type-volume limitation.

I have filed electronically; please let me know if you need paper

copies and how many.

Certificate of Service
I HEREBY CERTIFY that, on 06/09/20, a copy of this document was sent
via e-mail to GREGORY JOLLY, ESQUIRE, 2455 East Sunrise Boulevard
Suite 1216, Fort Lauderdale, FL 33304, at greg@purdylaw.com, counsel
for the Sheriff Department of Monroe County, FL, Deputy Cody Kern,
Deputy Madnick, and Sheriff Rick Ramsay; DANIEL E. NORBY, ESQUIRE,
Shutts & Bowen, LLP., 215 South Monroe Street, Suite 804,
Tallahassee, Florida 32301 at Dnordby@shutts.com; and to JEREMIAH
HAWKES, ESQUIRE, The Florida Senate, 302 The Capitol, 404 South
Monroe Street, Tallahassee, Florida 32399 at
hawkes.jeremiah@flsenate.gov, co-counsel and counsel for State
Senator Anitere Flores; to MEGHAN BOUDREAU DAIGLE, ESQUIRE., Senior
Assistant Attorney General, Office of the Attorney General, PL-01 The
Capitol, Tallahassee, Florida 32399, at
Meghan.Daigle@myfloridalegal.com, and
stevi.parker@myfloridalegal.com, counsel for Honorable Luis Garcia,
Circuit Judge; Honorable (former county judge) William R. Ptomey and
the Sixteenth Judicial Circuit Court; to CYNTHIA L. HALL, ESQUIRE,
Monroe County Attorney’s Office, 1111 12 th Street, Suite 404, Key
West, Florida 33040, at Hall-cynthia@monroecounty-fl.gov, counsel for
Defendants Monroe County, Roman Gastesi, Sylvia Murphy and other
Offenders employed by Monroe County; to FLORIDA AUDITOR GENERAL, 111
W Madison St, Tallahassee, FL 32399, at
flaudgen_localgovt@aud.state.fl.us, flaudgen@aud.state.fl.us; to
FLORIDA DEPARTMENT OF FINANCIAL SERVICES, 200 E. Gaines Street,
Tallahassee, Florida 32399-0338; ph. (850) 413-3122, at
kelly.hagenbeck@myfloridacfo.com; and to UNITED STATES CORPORATION
COMPANY, 1201 Hays Street Suite 105, Tallahassee, FL 32301, at
sop@cscglobal.com, Registered Agent for Hampton Inn, 102400 O/S
Highway, Key Largo, FL 33037.

Respectfully submitted,

Valentin Spataru, pro se

c/o CILK - Center for Independent Living, 103400 Overseas Hwy. #243,
Key Largo, FL 33037
Mobile cell phone: 305 615 0061, Em.: valespa@outlook.com,
valentin.spataru.macc.cpa@gmail.com

Dated: 06/09/2020
i “A book, 'Socialism, Fascism, and the Tyranny of Big Government' by
Michael Dahlen shows how tyrants enslave their nations and destroy
them -and finally themselves and their families but after their
nations suffer very much-. Please do not allow any group to create a
tyranny and abuse people. Please do not condemn me to the deadly
poverty and disability that the Offenders caused me by injuring me,
especially my brain. Please help me continue to expose the new lies,
deceptions, and abuses of the organized crime. “In popular political
discourse, fascism and socialism are portrayed as polar opposites.
The former is pegged on the far Right, the latter on the far Left.
But this categorization is flat-out wrong. Despite their superficial
differences, fascism and socialism—along with Nazism and theocracy—
are fundamentally the same. They are all examples of statism and
totalitarianism. These systems oppose freedom, liberty, and
individual rights. They impose one-party rule, control or abolish
private property, and censor or oppress racial, religious, political,
and ideological enemies. They also seek to export their particular
brand of tyranny throughout the world. Whether the goal of a tyrant
is achieving utopia, enforcing God’s will, or establishing a master
[…] race, the results are always the same: purges and show trials,
man-made famines and concentration camps, war and mass murder.”
https://www.amazon.com/dp/B01MT65D8W/ref=sspa_dk_detail_1?psc=1,
accessed in April 2019.