Petition for Writ of Certiorari — Valentin Spataru, Petitioner v. Rick Ramsay

Supreme Court briefMay 20, 2019

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IN THE SUPREME COURT OF THE UNITED STATES

05/20/19

VALENTIN SPATARU, Petitioner,

RICK RAMSAY, Etc., Respondent.

FILED.

MAY 20 2019

On Petition For Writ Of Certiorari to the

Supreme Court of the State of Florida

PETITION FOR WRIT OF CERTIORARI

by Valentin Spatam, pro se

do CILK Center for Independent Living

103400 Overseas Hwy. #243, Key Largo, FL 33037

Mobile cell phone: 305 615 0061

Email: va1entin.spataru.macc.cpa@mai1.com valespa@outlook.com

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QUESTIONS PRESENTED

Whether 30' transportation to jail in a law-enforcement hyperthermic, "cooking" car is cruel and

unusual punishment which the U.S. Const. Amend. VIII prohibits. Similarly, whether the other

torturous abuses caused by RR are cruel and unusual punishment: RR's Deputy Kern (DK) did not

allow me to pay the fine immediately for me to be not arrested; DK did not let me take my credit card

to pay the bail to be released; DK did not let me take my phone to have my friends' numbers to call; RR

tortured me during detention in jail too, see par. 4 in the facts below for details. If you do not order

RAMSAY (RR) to compensate me for the injuries his employees caused me by the -30' transportation

to jail in a hyperthermic, "cooking" car, and the other acts, then he and his employees will continue to

torture others too, even though it is battery, intentional infliction of emotional distress, and against U.S.

Const. Amend. VIII; thus, they will cause more disabilities, poverty and other social problems;

therefore, you will condemn me and others to deadly poverty and disabilities. In conclusion, may local,

state or federal law enforcement employees (LEEs) detain and transport accused persons (APs) in an

injuringly hot, suffocating vehicle which has no air conditioning and has all windows all the way up;

arrest and detain APs without allowing them to take a credit card and the phone numbers of friends and

acquaintances; detain APs in jail without proper nutrition, proper warm clothing, medication, proper

mattress, pillow, access to law library, legal counsel. These questions are of great national importance

too due to the high number of APs in the USA.

Whether dismissal of my case is against the U.S. Const. Amend. V which guarantees the right to due

process. Whether the accused person's plea of no contest which regarded swimming lawfully near his

boat -while a local rule allows most swimmers, among which I was, in the public water and forbids,

quite arbitrarily, only some swimming-, accompanied -or not- by a withhold of adjudication of guilt,

nevertheless did not establish probable cause for his arrest and detention for trespassing of private

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property while swimming in the public water and did not preclude a challenge of the legality of the

arrest and detention by way of a civil suit for false arrest and detention in state or federal courts. Truly,

the coastal water is very important to our lives, thus the laws related to it must be obeyed, including

their exceptions which unreasonable, biased, prejudiced, discriminating, and abusive Sheriffs Deputies

and Judges in Monroe County, FL, USA, did not know or applied. Indeed, USA has 95,439 miles (FL

has 8,436 miles) of coastal water, near which more than 130 million people live

https://oceanservice.noaa.gov/facts/population.html-, more than 260 million people live within 62 miles

of the coast

https://scienceblogs.comlgregladenl20 11/10/l8lhow-many-people-live-near-the-, "[the

coastal area] provides recreation, relaxation, and a chance to renew the spirit. A third of all Americans

{,more than 110 million people,] visit coastal areas each year" http://www.waterencvclopedia.comlSt-

TslTourism.html#ixzz5hhM3EQAB

"approximately 50 per cent of all international tourists travel to

coastal areas." hM2s://www.un.orglsustainabledevelopment/W-content/uploads/20 17/05/Ocean-factsheet-package.pdf. Indeed, no one wants to be arrested and detained for lawful swimming, therefore,

my question is of great national importance too.

2.b. Whether a Court may dismiss a complaint without due process, for failure to appeal a judgment on

time, even though a conspiracy group has affected the plaintiff mentally through hyperthermia and

other excessive stresses, which impaired the plaintiffs reasoning and understanding of the legal

process; by the dismissal, the Court will affirm the prior and encourage future cruel and undue

punishment. The dismissal of the case was in conflict with the decisions of this Court in Hazel-Atlas

Glass Co. v. Hartford-Empire Co., 322 U. S. 238, 248, which stated that courts must exercise their

equity powers in order to "relieve hardships

...

aris[ing] from a hard and fast adherence" to more

absolute legal rules. "Mere neglect or inadvertence in complying [ ... ] is rarely enough to justify

dismissal." Commonwealth Fed Say, and Loan Assn v. Tuberó, 569 So. 2d 1271, 1273 (Fla.T990)TIn

addition, "the court's discretion can be properly exercised only after the court has made an adequate

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inquiry into all of the surrounding circumstances." Richardson v. State, 246 So.2d at 775 (Fla.1971),

and "the interests of justice would be better served by addressing the merits". Overton v. Jones, 155 F.

Supp. 3D 1253; "petitioner has demonstrated a departure from the essential requirements of law

resulting in a miscarriage of justice in this case." United Auto. v. Cty. Line Chiro, 8 So. 3d 1258 (Fla.

Dist. Ct. App. 2009).

3. Whether the U.S. Const. applies to the State of Florida. U.S. Const. Amend. XIV sec. 1 stipulatcs

that "No State shall make or enforce any law which shall abridge the privileges or immunities of

citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without

due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." U.S.

Const. Amend. VI states that "In all criminal prosecutions, the accused shall enjoy the right to a speedy

and public trial, by an impartial jury [...] to have compulsory process for obtaining witnesses in his

favor, and to have the Assistance of Counsel for his defense." But I was detained for at least 6 nights

before the trial, Judge Ptomey did not allow a jury, and no Counsel defended me, which were against

the U.S. Constitution. May a Florida County Court allow -without jury deliberation and without

professional, independent defender- the arrest and detention for an alleged misdemeanor of an accused

person who is respectful, willing to pay the maximum fine immediately, is not violent and not a threat

to others at all, then convict, again without jury deliberation and without professional, independent

defender. This question is of great national importance too.

3.b. Whether local, state or federal law enforcement employees (LEEs) may -without jury deliberation

and without professional, independent defender- arrest and detain accused persons who are respectful,

willing to pay the maximum fine immediately, not violent, and not a threat to others at all, and who did

not cause any damages or injuries, and who did not really break or intend to break any laws, rules or

local ordinances, and who do not intend to leave the area. Please investigate whether they are part ofä

"vigilante" group, such as the Sarasota Vigilance Committee, founded as a "political" club, actually an

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organization for harassment and even assassination for profit

https://listverse.com/20 16/08/28/10-

deadliest-assassin-organizations-in-history.

TABLE OF CONTENTS

QUESTIONSPRESENTED ......................................................................................................................

TABLEOF AUTHORITIES .....................................................................................................................v

PETITIONFORA WRIT OF CERTIORARI............................................................................................1

OPINIONSBELOW ................................................................... ............................................................... 1

JURISDICTION......................................................................................................................................... 1

CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED .................................................2

INTRODUCTION .................................................

STATEMENT OF THE CASE..............................

REASONS FOR ALLOWANCE OF THE WRIT

CONCLUSION ............................................... . .....

APPENDICES. ........................ ................................................................................................................. 31

Appendix A

Florida Supreme Court issued its one-page order denying review..............................31

Appendix B The 3rd District Court of Appeal of Florida (3DCA) filed its opinion on March 7,

2018.....................................................................................................................................................33

Appendix C CC dismissed my claim................................................................................................34

Appendix D SCC's Judge Ptomey dismissed my first claim due to lack of "Notice Of Intent To Sue

UnderFlorida 768.28 ........................................................................................................................... 36

Appendix E "Judgement" by Judge Ptomey in the Criminal Court that I trespassed even though I

swamlawfully.....................................................................................................................................37

Appendix F: The GMAT report shows how bad I did for the last section, integrated reasoning, in

2015, two months after the wrong arrest................................................................................................................................................

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TABLE OF AUTHORITIES

CASES

Albright v. Oliver, 510 U.S. 266, 271 (1994)......................................................................................25

Brown v. City of Huntsville, Ala., 608 F.3d 724, 734 n.15 (11th Cir. 2010)...................................... 25

Commonwealth Fed. Say. and Loan Ass'n v. Tubero, 569 So. 2d 1271, 1273 (Fla. 1990)...............23

Estate of McCall v. U.S., 134 So. 3d 894, 909 (Fla. 2014).................................................................27

Hazel-Atlas Glass Co. v. Hartford-Empire Co., 322 U. S. 238, 248...................................................23

Madiwale v. Savaiko, 117 F.3d 1321, 1324 (11th Cir. 1997)..............................................................25

N. Broward Hosp. Dist. v. Kalitan, 219 So. 3d 49, 57 (Fla. 2017).....................................................27

Orlikow v. U.S., 682 F.Supp. 77 (D.D.C. 1988)..................................................................................10

Overton v. Jones, 155 F. Supp. 3D 1253.............................................................................................23

Richardson v. State, 246 So.2d at 775 (F1a.1971) ............................................................................... 23

United Auto. v. Cty. Line Chiro, 8 So. 3d 1258 (Fla. Dist. Ct. App. 2009).........................................23

United States v. Stanley, 483 U.S. 669 (1987)....................................................................................10

CONSTITUTION

U.S. Const. Amend. I.............................................

3,24

U.S. Const. Amend. IV..........................................

.2,17,25,28

U.S. Const. Amend. V .............................................

U.S. Const. Amend. VI..........................................

2,24,26

U.S. Const. Amend. VIII........................................

U.S. Const. Amend. IX..........................................

U.S. Const. Amend. XIV, sec. 1.............................

2,24,27

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State of Florida's Constitution, Article X, Section 11 ...................................................................... 4,26

STATUTES

18 U.S.C. § § 241, 242......................................................................................................................3,25

29 U.S.C. § 794.....................................................................................................................................4

34 C.F.R. Part 104.4.........................................................................................................................4,25

34 U.S.C. § 10228.................................................................................................................................3

34 U.S.C. § 12601............................................................................................................................3,25

42 U.S.C. § 12131, et seq. .................................................................................................................... 3

42 U.S.C. § 1983 ............................................................................................................................... 3,25

42 U.S.C. § 2000d, et seq. .................................................................................................... ...........3,25

Fla. Stat. § 327.74 ............................................................................................................................5, 25

Fla. Stat. § 810.08.2b (2015)...............................................................................................................27

Monroe County, FL, (Mo. Co.) Code of Ordinances (CO), Ch. 26, Art. IV. .......................... 4,25,27,28

Mo. Co. CO 26-96............................................................................................................................5,27

Mo. Co. CO 26-98 ......................... ..............................................................................................4,25,27

Mo. Co. CO 26-98 (a).................................................................................................................4,25,28

Mo. Co. CO 26-98 (b)......................................................................................................................5,25

Mo. Co. CO 26-99............................................................................................................................5,25

OTHER AUTHORITIES

The United Nations' Universal Declaration of Human Rights..........................................................6

Congress. Committee Report 103-97, 103d Congress, 2d Session, S. Prt. 103-97 (Dec. 8, 1994). 10

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PETITION FOR WRIT OF CERTIORARI

Petitioner respectfully petitions this Court for a writ of certiorari to review the judgment below.

OPINIONS BELOW

The Florida Supreme Court.(FSC) issued its one-page order denying review on December 19, 2018. A

copy is attached at appendix A.

The 3rd District Court of Appeal of Florida (3DCA) filed its opinion on March 7, 2018. A copy is

attached at appendix B. The court's opinion is published at 239 So.3d 763 (2018). It is also at

hW2s:Hscholar.google.com/scholar case?

case= 177 131578319576334 16&g=spam&hFen&as_sdt40O06.

The Circuit Court of Monroe County (CC)'s Judge Garcia filed the dismissal of my claim on March 6,

2017, which I appealed to 3DCA. A copy of the dismissal is attached at appendix C. I believe that the

CC's dismissal opinion is unpublished. It is also at https://www.monroe-clerk.com!.

The Small Claims Court of Monroe County (SCC)'s Judge Ptomey dismissed my first claim due to lack

of "Notice Of Intent To Sue Under Florida 768.28". Appendix D.

The "judgement" by Judge Ptomey in the Criminal Court that I trespassed even though I swam lawfully

is at Appendix E.

JURISDICTION

This petition is timely filed. The Supreme Court extended the time to file it until today.

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The jurisdiction of this Court is invoked under 28 U.S.C. § 1257(a).

My questions and case are of national importance too.

CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED

U.S. Const. Amend. VI: In all criminal prosecutions, the accused shall enjoy the right to a speedy and

public trial, by an impartial jury of the State and district wherein the crime shall have been committed,

which district shall have been previously ascertained by law, and to be informed of the nature and cause

of the accusation; to be confronted with the witnesses against him; to have compulsory process for

obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

U.S. Const. Amend. XIV, sec. 1: All persons born or naturalized in the United States and subject to the

jurisdiction thereof ,are citizens of the United States and of the State wherein they reside. No State shall

make or enforce any law which shall abridge the privileges or immunities of citizens of the United

States; nor shall any State deprive any person of life, liberty, or property, without due process of law;

nor deny to any person within its jurisdiction the equal protection of the laws.

U.S. Const. Amend. IV: It guarantees "The right of the people to be secure in their persons", prohibits

unreasonable seizures.

U.S. Const. Amend. V: It guarantees the right to due process, prohibits self-incrimination.

U.S. Const. Am, end. VIII: Prohibits cruel and unusual punishment.

U.S. Const. Amend. IX: Protects rights not enumerated in the Constitution.

U.S. Const. Amend. I: It guarantees the freedom of speech, the right to petition the government.

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§ 1983 of 42 U.S.C., Reconstruction Civil Rights Act: "Every person who, under color of any statute,

ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects,

or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof

to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be

liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress."

34 U.S.C. § 12601 Misconduct of law enforcement (CIVIL ENFORCEMENT)

18 U.S.C. §§ 241, 242 Misconduct of law enforcement (CRIMINAL ENFORCEMENT) It is a

crime for one or more persons acting under color of law willfully to deprive or conspire to deprive

another person of any right protected by the Constitution or laws of the United States.

42 U.S.C. § 2000d, et seq. Prohibition Against Discrimination on ground of race, color, or national

origin Title VI of the Civil Rights Act of 1964

34 U.S.C. § 10228 Prohibition Against Discrimination on ground of race, color, sex, or national

origin The Office of Justice (OW) Program Statute

42 U.S.C. § 12131, et seq. Prohibition Against Discrimination, Title II of the Americans with

Disabilities Act, The Public Health and Welfare Title

29 U.S.C. § 794 Nondiscrimination under Federal grants and programs

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34 C.F.R. Part 104.4 Section 504 of the Rehabilitation Act of 1973: It prohibits discrimination against

people with disabilities in programs that receive federal financial assistance ("no qualified handicapped

person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or

otherwise be subjected to discrimination under any program or activity which receives Federal

financial assistance").

State of Florida's Constitution, Article X, Section 11 states "The title to lands under navigable waters,

within the boundaries of the state, which have not been alienated, including beaches below mean high

water lines [MHWL], is held by the state, by virtue of its sovereignty, in trust for all the people. Sale of

such lands may be authorized by law, but only when in the public interest. Private use of portions of

such lands may be authorized by law, but only when not contrary to the public interest." Art. X, § 11,

Fla. Const..

Monroe County (Mo. Co.), FL, Code of Ordinances (CO); Ch. 26, Art. IV.- DIVING AND

SNORKELING PROHIBITED DURING LOBSTER MINI-SEASON, Sec. 26-98 Diving and

snorkeling prohibited (Sec. 26-98) states

"(a) It is a public nuisance and is unlawful for any person to dive or snorkel in any manmade water

body or marina, or within 300 feet of an improved residential or commercial shoreline beginning

three days prior to the opening of and during the entirety of the lobster mini-season and fore the first

five days of commercial lobster season'.

1. Commercial lobster season means the period of time designated

for harvesting of lobster, currently from August 6 through March 31

of the following year, authorized by the Marine Fisheries Department

of the Florida Fish and Wildlife Conservation Commission pursuant to

Section 68B-24.005, Florida Administrative Code, as amended from time

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Nothing in this article shall prohibit diving incidental to vessel or dock maintenance, provided the

diver performing the maintenance lawfully displays a diver down flag and otherwise complies with the

requirements of F.S. ch. 327, or diving and snorkeling in front of his or her property to the center line

of the canal or 100 feet of open water."

https://librarv.municode.com/fl/monroe county/codes/code of ordinances?

nodeld=CH26WAARTI\TDISNPRDULOMIAS_S26-98DISNPR.

Sec. 26-96. Intent and purpose: "The intent and purpose of this article is to protect and promote public

health, safety and welfare and abate the destruction of property, deleterious environmental effects, and

criminal trespass that results from the close proximity of divers to public and private property, as well

as from the interactions and explorations by divers of docks, piers, and bulkheads in search of spiny

lobster during the lobster mini-season and commercial lobster season. Such activities constitute a

public nuisance. This article shall be effective in both incorporated and unincorporated Monroe County

to the extent that no conflict exist with a municipal ordinance as provided in Art. VIII § 1(f) of the

Florida Constitution." ibid.

Mo. Co. CO, Ch. 26, Art. IV., Sec. 26-99 "Penalties" states "Any person cited for a violation of this

article shall be deemed charged with a noncriminal infraction, shall be cited for such an infraction, and

shall be cited to appear before the county court. Citations shall be issued pursuant to F.S. § 327.74,

(uniform boating citations [However, my boathad been anchored lawfully in TB since 2013 and RR's

employee should have known me and my lawful situation.]) by any law enforcement agency authorized

to issue such citations. The civil penalty for any such infraction is $50.00 [ ... ] not to exceed $500.00

[...] The county court, after a hearing [but not arrest -please see below why the arrest was not

necessary] shall make a determination as to whether an infraction has been committed. [...] infraction

to time. http://myfwc.com/fishing/saltwater/cornmercial/spinv-lobster/

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must be proven beyond a reasonable doubt.".

The United Nations' Universal Declaration of Human Rights forms part of customary international law,

thus applies in my case, as I am citizen of Romania, UE, too, beside the USA and includes:

Article 1. [...] act towards one another in a spirit of brotherhood.

Article 3. Everyone has the right to life, liberty and security of person.

Article 5. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or

punishment.

Article 8. [...] the right to an effective remedy by the competent national tribunals

Article 10. [...] independent and impartial tribunal

Article 17. (2) No one shall be arbitrarily deprived of his property [RR did not allow to have my phone

to write my friends' phone numbers and my credit card to pay the bail bond]."

INTRODUCTION

Https://www.supremecourt.gov/filingandrules/electronicfihing.aspx writes "Filings from pro se parties

are submitted only on paper, but will be scanned and made available electronically on the Court's

docket", thus I submit only one copy of my petition; please let me know if you need more paper copies.

Petitioner will be referred to as "Petitioner", or "I" as I, the Petitioner myself, will have written this.

Respondent Rick Ramsay, in his Official Capacity as Sheriff of Monroe County, Appellee or Defendant

below, and its lawyers or attorneys will be referred to as "RR" or "Respondent". Other terms will

be defined as they appear. I use bold letters to ease the reading.

SCC's Judge Ptomey dismissed my first claim due to lack of "Notice Of Intent To Sue Under Florida

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768.28". Appendix D. I sent the "Notice Of Intent To Sue", then, after no answer, I brought this action

for damages and relief in the CC alleging that RR was negligent or careless or malicious or abusive or

corrupt. CC granted RR's motion to dismiss, which I appealed to 3DCA. 3DCA dismissed my appeal,

which I appealed to FSC. FSC denied review.

Respectfully, I ask the Court to accept my motions, forms, pleadings, and other communications as

they are or assist me in correcting them. Indeed, due to the mental injuries that in part, at least 10%, the

Respondent caused or aggravated, such as depression, anxiety, headaches, memory problems, lack of

brain energy, concentration and attention, and other undiscovered yet issues, I am not able anymore to

read and memorize all the rules of procedures promptly and completely. Furthermore, I have no money

to hire lawyers for my case because my injuries stop me from keeping a job that would provide income

for me to pay the lawyers' fees. In addition, I can not find an attorney to help me with this case on a

contingency basis due to the many work-hours needed compared to the low income potential for an

attorney. Consequently, for proper justice and civilization and for the progress of our states and

country, and even other countries, urgently, please create a new Public Office with a name such

as "Public Civil Attorney Assistance for Mentally Injured Persons", that must offer free or for

creditor loan given from the public budget

professional, independent legal help in civil cases to

victims like me and others who became brain-impaired and 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.

Please allow me to file all my future documents by using the Court's electronic system to save valuable

resources by not printing and mailing.

STATEMENT OF THE CASE

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The Monroe County Sheriffs Deputies considered my swimming which was therapeutic, as illegal

lobstering and committed wrong and injuring arrest and detention starting on 8/11/15, for at least 6

days in Key Largo, FL, USA. The A/C in the overheated car of Deputy Kern (DK) did not function in

the back but I was detained anyway there for the 30' transportation to jail; moreover, DK did not even

open the windows in the back which was separated from the front by a thick divider, thus I overheated

which injured me. Truly, the air getsvery hot and humid in August in Florida, and even hotter in a car;

it is illegal in Florida to leave children, pets, and other living creatures in a car, as a child dies in less

than 10' from hypertermia. He should have used another car with an air-conditioner that worked. In

addition, DK did not let me take my credit card to pay the bail to be released; and DK did not let me

take my phone to have my friends' numbers to call. All the wrong acts, conditions and omisions were

abuses and caused me new injuries and aggravated old injuries. My relevant records below are at

https://1 drv.ms/f/s ! AoQWvvOOcbRYgawF5ktxtgJD3UDUCw. My medical records are at

https://1 drv.ms/f/s !AoQWvvOOcbRYgoNYBPHE9OgQk12vhA and https ://1 drv.ms/f/s!

AoOWyvOQcbRYkHLMH801ZSAlfXzo.

At all times material, RR had a duty to design reasonably safe hiring procedures, to hire, train, test,

supervise and otherwise control the deputies who arrested me wrongly and deceitfully; to design

reasonably safe transportation and detaining procedures and conditions, and to maintain and keep them

in a reasonably safe condition; to design and conduct reasonably checks of employees and conditions;

and to warn of perils.

On 08/11/2015, at around 4:30 PM, Petitioner was a public invitee of the State of Florida to swim

even with or without a snorkel in the Tarpon Basin (TB) which is public water in Key Largo (1(L),

adjacent to the Government Center, 102050 Overseas Highway, Key Largo, Florida, and Hampton Inn

(ill), l0240OOverseà Highway, Key Largo, Florida, and he was lawfully at the subject location,

swimming lawfully with a snorkel in front of his property, an anchored sailboat, to 100 feet of open

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water.

RR breached its duty of care on 08/11/2015, at around 7PM, when his deputies arrested the

Petitioner wrongly and deceitfully from his boat without a warrant; then transported him harmfully 30

minutes; then detained him in the Plantation Key jail over night without medication, without a proper

mattress for his back pain and without a proper pillow for his neck pain; then transported him

harmfully -120 minutes at 2 AM; and then detained him in the Key West jail's "hospital" for at least 5

more nights without medication, without a proper mattress for his back pain, without a proper pillow

for his neck pain and without a proper warm sweater for the cold inside temperature. My requests for

them were not answered, therefore, my body, including my mind, was permanently affected. Please

order the medical requests system to be overhauled, redesigned because the current system does not

work, impairs people and even kills. Please order that the back of the police cars provide proper air

conditioning and RR's deputies handcuff the detainees loose enough and with the arms in the front not

the back of their bodies during transportation to avoid body injuries.

Truly, the air in the back of the Police car was too hot, but DK detained me in the "cooking" "cell"

for the 30' transportation to jail anyway. My body, including my brain, overheated and I felt almost

suffocated. The hyperthermia caused me new and worsened old brain and mental injuries which

manifest as recurring headaches and other mental problems such as insomnia, nausea, focus issues,

memory weakness, attention deficit, PTSD, anxiety, depression, and other

medical/physical/psychological conditions. They impair drastically and permanently my intellectual

activities. 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. 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-conditionslheat-stroke-

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hyperthermia). In addition, I was not properly hydrated, which worsened the effects of hyperthermia;

please order the respondent 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/hvperthermia-toohot-your-health-i). Indeed, the Respondent knew or should have known about hyperthermia and

dehydration as a professional. The lack of proper air conditioning in a heated car is very bad torture and

illegal, against the U.S. Const. Amend. VIII which prohibits cruel and unusual punishment. It is

undeniable that government agencies lead by rogue, pathocratic people have tortured citizens; for

example, the CIA's human "experimentation" discussed in Orlikow v. U.S., 682 F.Supp. 77 (D.D.C.

1988), secretly administered lysergic acid diethylamide discussed in United States v. Stanley, 483 U.S.

669 (1987), and military chemical "experimentation" as discussed in Congressional Committee Report

103-97, 103d Congress, 2d Session, S. Prt. 103-97 (Dec. 8, 1994). {In addition, I quote from

http://www.pathocracy.net, "Psychopaths [and sociopaths] differ from normal people in that they lack

the ability to relate emotionally to others. As a consequence, they have a terrifying ability to treat others

not as human beings but as things to be exploited, tortured or killed, as they see fit.", and indeed, RR

and his conspirators tortured me. "Predators use charm, manipulation, intimidation, and violence to

control others and to satisfy their own selfish needs. Lacking in conscience and in feelings for others,

they cold-bloodedly take what they want and do as they please, violating social norms and expectations

without the slightest sense of guilt or regret.", and indeed, all offenders are very charming and coldblooded. More quotes: "Psychopaths are not technically insane. They don't have a psychosis, like

schizophrenia. They are experts in appearing normal.", "the question is how to stop the powerful from

doing as much damage as they can to us.", "While you try to 'understand' [and help] the psychopath,

thëàre secretly calèüiäTing how best to cause you-the mostüffering.'tThe prevalence

in the United States seems to be increasing. The 1991 Epidemiologic Catchment Area study, sponsored

VALENTIN SPATARU vs R. RAMSAY

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SCOTUS 05/20/19, page 11

by the National Institute of Mental Health, reported that in the fifteen years preceding the study, the

prevalence of antisocial personality disorder had nearly doubled among the young in America.",

"Countries ruled by psychopaths become corrupt and brutish police states constantly at war with

created and imaginary enemies. The population becomes paranoid, neurotic, and ultimately secondary

psychopaths. In a psychopathic culture, everyone must adopt a ruthless attitude as a survival strategy.",

"The psychopath enjoys making others suffer. Just as normal humans enjoy seeing other people happy,

or doing things that make other people smile, the psychopath enjoys the exact opposite.", "Real power

is unelected. Politicians change, but the power structure does not. The Network [ ... ] operates behind

the scenes, for its own benefit, without ever consulting those who are affected by its decisions. The

Network is composed of individuals who prefer anonymity. They are "satisfied to possess the reality

rather than the appearance of power." This approach of secretly exercising power is common

throughout history because it protects the conspirators from the consequences of their actions. [...] A

primary tactic for directing public opinion and "government" policy is to place willing servants in

leadership positions of trusted institutions (media, universities, government [,including law

enforcement], foundations, etc.). If there is ever a major backlash against a given policy, the servant

can be replaced.", "Historically, those who establish sophisticated systems of domination are not only

highly intelligent; they are supremely deceptive and ruthless. They completely ignore the ethical

barriers that govern a normal human being's behavior. They do not believe that the moral and

legislative laws, which others are expected to abide by, apply to them." Please find the others in the

conspiracy "network", including the masterminds, and order them to compensate me and stop the

abuses. "The truth is the only thing worth working towards.", "True conscience raises us above the

example of [sick-]animal behaviour set by the pathocrats.".} "The sheer numbers of people

complaining of being targeted, includiiig peopië'ith pOgraduäfédegréëand aTiffime ó

achievements, and the similarities in symptoms {-psychological symptoms resulting from intentional

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SCOTUS 05/20/19, page 12

harassment-], tend to outweigh a dismissive response based on charges of anecdotal evidence or group

paranoia." http://www.rob-files.comlJon%20Wilson%20Attornev%201etter.pdf, viewed on May 5,

2019.

I believe that the heads of the organized crime (OrC) clans ordered my elimination, at least mental,

due to my comments, even though constructive, regarding 1. permissive USA financial laws passed by

the Congress upon the "advice" of "lobbyists" (more than $28 billion has been spent on lobbying in the

United States in 2017 https://en.wikipedia.org/wikilLobbying_in_the_United_States), even though the

financial crimes of the years 2001-2003 and prior years should have stopped the lobbyists. We need

proactive laws to prevent frauds and recover the stolen assets.

And due to my comments regarding 2. the failed USA's 'war on drugs.' Truly, the 'war on drugs'

actually became a war of those who control or manipulate the Law-Enforcement Chiefs, such as those

in S. FL, to eliminate the drug traffickers who are not in their 'importing'/trafficking network (which is

so effective that one can buy from the 'accepted distributors' an illegal drug like THC, cocaine, crack,

heroin or flakka in 15-45' as simply as one can buy a Domino's pizza -https://www.google.comlsearch-,

and which is hugely profitable as the general criminalization raised the price of, for example, cocaine at

least 75 times from -$2 per gram the highest price in Colombia- to $150 in the United States

Indeed, due to my comments, even though constructive, regarding the organized crime, I have

become OrC's target, and they use all possible methods to annihilate their targets, including me.

RR and his employees knew, or in the exercise of reasonable care should have known, that the

Petitioner was not trespassing and should not have been arrested, detained, transported and convicted.

Judge Ptomey said "unofficially" that he did not know that I was swimming for therapy, not to catch

- -

lobsters; however, he should have inquired why I was swimming, as it was part of his duties. The

deputies who arrested me abusively and injured me knew or should have known too. I told Deputy

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Cody Kern after he handcuffed me that he was making a mistake, but Deputy Madnick (DM), his chief,

asked him to arrest me anyway. I thought that all deputies knew that I was swimming for therapy,

because I told a deputy before about my therapy, and I was living 200 yards from the local office of the

deputies. The offenders beside Sheriff Rick Ramsay in his official capacities, include offenders Deputy

Cody Kern, Deputy Madnick, Judge Ptomey, Judge Garcia, and the legislators who voted state laws

which were against the U.S. Constitution. Please add all as respondents in their official capacities and

in their private capacities. Please add Sheriff Rick Ramsay in his private capacity. Beyond a reasonable

doubt, they were already part of or instruments of a conspiracy group that wanted to benefit from the

corruption of the public services and works, such as the the construction of the bike route in Key Largo

without the proper traffic signs, which caused an accident that injured me badly. Indeed, all offenders

are of at least some ancient Macedonian-Bedouin-Hebrew-Judaean-Turkish-Khazar (Khazar) origin

and their common recognizable DNA united them to act in their selfish, abusive interest. (I am not dead

yet, most probably because I am actually a law-abiding and respectful person, and I have recognizable

DNA in common with them and their instruments, as all human beings descend from only one woman,

Mitochondrial Eve; however, I was educated to be against any abuses of rights, and I am not afraid to

sue the offenders for their abuses of my rights, even though they hired harassment "specialists" to

silence me.). They do not care about ethics and religious teachings such as "Do unto others as you

would have them do unto you"; even if they are masochistic thus want me to cause them hyperthermia

as they caused me, I will not cause them hyperthermia or other injuries, as I am not sadomasochistic.

Please investigate whether they are part of a "vigilante" group, such as the Sarasota Vigilance

Committee, founded as a "political" club, actually an organization for harassment and even

assassination for profit https ://listverse.com120 16/08/28/10-deadliest-assassin-organizations-in-

histhry. The names of ffy offéñders

oveièonithöñ bãckgrouEd too, Of noiher

o-Asian origin.

Madnick means metal worker in Russian, https://www.ancestrv.com. Kern means corn, small, skinny in

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German; they were small farmers or merchants. Ptomey comes from Ptolemy, meaning "aggressive,

warlike", https://www.behindthename.com -of the abusive category {When Ptolemy I Soter made

himself king of Egypt, he created a new god, Serapis, which was a combination of two Egyptian gods:

Apis and Osiris, plus the main Greek gods: Zeus, Hades, Askiepios, Dionysus, and Helios.

https://en.m.wikipedia.orglwiki/Ptolemaic_Kingdom. The abusive category includes Pilate, Herod and

Caiaphas, the head of the Persian-Pharisee "clergy". Pilate followed the "advice" of Herod and

Caiaphas, and executed Jesus, a militant for democracy and human rights, including taxation with

representation. Jesus was explaining to people the abuses and lies of the Pharisee "clergy" who were

spending the people's donations for clergy's luxurious lifestyle instead of public services such as

victims' funds, hospitals and housing for the injured; and was preaching against abusive taxation, and

against corruption of the public services and works. The rulers did not want to lose their abusive

revenues, and conspired to kill him. However, not long time after the execution, all involved in his

killing lost all or almost all. Caiaphas, the High Priest of the Temple and the de-facto ruler of the

worldwide Jewish community at that time, was removed from office and a luxurious life and lived

quietly on his small property near Galilee

htips://www.bbc.co.uk/religion1religions/christianityIhistory/whokilledjesus_1 .shtml; Herod and Pilate

were removed too and exiled. The Imperial Roman Julio-Claudian dynasty ended by suicide after the

citizens revolted and started threatening the Praetorian Guard of the clan's palace to prove the citizens'

suffering and determination. Indeed, since ancient times, most probably, due to overpopulation which

caused migrations, many people from Middle East areas moved North too to colder areas such as

Russia, and later West to Germany, and worked as metalworkers, farmers, merchants; most probably,

some Khazar clergy moved with them too, and maintained their control or manipulation. Starting in

19l7ãftei They rëived Tire

on s from the he*Ocialit g o wirrim ent to pótèct itbt nó kill its

opponents-, many Russian Khazars have been mortal for tens of millions of people upon the orders of

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the communist leaders (95% were of at least some Khazar origin,

hLtps://www.britannica.com/biographies/histor3L/communism, https://www.google.comlsearch

communist leaders ethnic origin; they were financed mainly by Khazar interests,

hLtps://www.quora.conifWho-financed-the-Russian-revolution-of- 1917-and-why; many were trained in

New York or Switzerland, a tax heaven, ibid., https://www.google.com/search; "money is the best

explanation for why Lenin's minority of Bolsheviks was able to terrorize and eliminate the majority of

Mensheviks in the Communist party itself. The Bolsheviks were famous for their ruthless murder of

opponents. This suggests more than politics it suggests hired hit men and lots of GOLD.

httns://www.auora.comfWho-financed-the-Russian-Revolution-How-was-the-transfer-of-monev-doneDidGermany-reallvprovide-Lenin-with-tons-of-gold-in-a-sealed-train-from-Zurich-back-to-Russia.).

Many German Khazars were recruited by the Nazi party and army, and some became powerful officers

too h!Ws://www.wikiwand.com/en/1-ist—of Nazis—of non-Germanic—descent; the Nazis killed tens of

millions of people too. In 1939, Hitler2 and Stalin (Djugashvili, Gruzin; the ancient city of Khazar was

located near Gruzia which is between today's Turkey, Iran, and Russia) made a secret agreement to

attack other countries for their resources, and unfortunately, Khazars and their instruments had

infiltrated already Romania, a top worldwide producer of oil and gasoline then, and caused corruption

of the public contracts and politics, which made it impossible for the Romanian army to protect -due to

bad supplies, including weapons- the NE Moldova from Soviet (Khazar) Union, and NW

Ardeal/Transylvania region from (Khazar-Keiser) Germany when they attacked in 1940. My

grandparents were from NE Moldova, owned a farm of almost 200 acres there, but they had to abandon

it and take refuge to Bucharest in 1940, as the treacherous Romanian government of that time asked the

properties owners to leave the area without fighting; thus, more than 1,000,000 people left and became

refire. Khazarsllfilfrtd Britain, France and other couriffies too—,thus--they could rihelR6mania

as they promised; some of them were even occupied partially or completely too. Khazars infiltrated the

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USA too, caused corruption and abuses, and even created 9/11 (Khazars infiltrated Arab countries too),

which "helped" them collect "recovery" payments from their insurance contracts for the "destroyed"

buildings, and made their businesses, including weapons, scanning equipment, oil businesses, to make

huge profits upon the suffering of every American and loss of millions of lives in the USA and abroad.

Most probably, they used Arab people with mental disabilities, whom Khazars or Khazars' instruments

turned into sociopathic suicide fighters. Most probably, many Arabs were mentally disabled by the

human rights abuses or "accidents" caused by the instruments of religious, military, or political

dictators under the Khazar influence. In the XIII century, Marco Polo wrote about a Khazar "method"

which created assassins and suicide-fighters, and in the XX century, Kirghiz writer Chingiz Aitmatov

described a "procedure" to create "mankurts", which included hyperthermia.}. My case prOves that one

of their torture methods in the USA is detention in overheated cars, which they used with me, but I will

never be a sociopath, as I am 100% against violence as a solution to violence. I promote the civilized

legal solutions to abuses, and the ethical education of abusers, that they and their families will lose

soon their abusively obtained gains, will have to pay additional penalties, and even go to prison for a

long time. Truly, today, more than $30 trillion in cash, real estate titles, shares and bonds from all

countries are registered in tax havens such as the City of London- mostly by the Khazars and their

instruments, which gives them almost unlimited money to conspire and commit more crimes. Let's

counteract and stop the organized crime by putting safety and care for every person first in our

communities. Our communities must ensure that all companies, organizations, government

departments, products and services are and will be safe for all. The above proves that the American

Khazars and their instruments had conspired to disable me mentally too to use me too or to eliminate

me. Indeed, it is diabolical for a group to affect one mentally with hyperthennia and other excessive

stressëthën inaccusëiine of not haJiiig acted propëly on tithe to ieal the confiiTng oder of Judi

Ptomey! Please stop them and order them to compensate me and the other victims; please request all

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public and private law enforcement departments (including DHS, CIA, NSA, FBI, ICE/Border Patrol,

private security companies, vigilante organizations such as Neighborhood Watch) to take me off of

their enemies lists they have, and order them to protect me from any harm; please demand the criminal

prosecution, arrest, detainment, and permanent sterilization, under battery, cruelty, terrorism and other

laws of all involved in my false arrest and imprisonment, torture, in the conspiracy to deprive me of

constitutional rights, in the causation of my injuries, and in other crimes not yet identified; please order

them to compensate me. I offer to volunteer to monitor legally and ethically such offenders and new

refugees or immigrants suspect of future abuses. In case you are not convinced about their malevolent

and corrupt intent, I have included the accusations of negligent and careless acts. Please ensure that we

will have safe communities with no abuses and "accidents" in the future.

RR, by and through the acts and omissions of its employees, agents, contractors and/or servants,

breached its duty of care to Petitioner and was negligent and careless or malevolent or corrupt.

DK came to my anchored boat with a FWC boat and arrested me wrongly and abusively for

trespassing, without real cause and without a warrant as U.S. Constitution Amend. IV -Search and

Seizure- requires, and deceived me to enter the FWC's boat from my live-aboard sailboat anchored in

Tarpon Basin; threateningly, he shouted to me to leave Monroe County ASAP in order to avoid further

"inconveniences" but I was not able to move due in part to the health issues RR worsened or caused

-please advise me where to go to be safe.

I was forced to ride 30 minutes with very tight handcuffs and my arms behind my back, which

caused me more injuries and pain in my back, shoulders and arms.

Unfortunately, the Officers who arrested me did not allow me to take my phone and credit card to

pay the bond, and had not memorized any_phonenumbers of-friends-to callfromail forassistance.

The bail bond agents could not help me to pay. The jail did not allow me to access Internet Banking to

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pay the bond. The attorney firms I found in Yellow Pages did not accept collect calls from me.

Therefore, I had to wait six days in jail until a friend found out and paid the bond. 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.

Moreover, the Officer who checked me in the jail convinced me not to ask for a public defender,

which was against my interest. Please order RR to give each detainee a written advice for the assistance

of a public defender that explains the complexity of the legal system.

Moreover, I was kept in jail and its hospital without medical treatment and therapy; I was not given

my prescribed drugs, which caused me more anxiety and depression. That was more very bad torture!

Please order RR to provide the prescribed medicine and health care to inmates because their absence

makes people sicker and even kills. The jail should screen all's health and offer health care to those who

need and want. The purpose of detention is healing not causing health issues by torture.

In addition, the food does not provide enough nutrients, and I had no money to purchase food from

the expensive store of the jail. My health was affected permanently because I could not consume

enough vitamins, minerals, proteins, and other nutrients. 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 only $0.1 per day per person.

Moreover, I had no proper sunlight in the jail and jail hospital, which caused me more anxiety and

depression. Please order the jail hospital to install big windows or a system of mirrors sothat inmates

get proper sunlight, essential for their recovery and well-being. Otherwise, they will be released with

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expensive, incurable, and even unmanageable mental and non-mental health problems that will cost all

of us much more tax money and trouble.

Furthermore, due to the detention, I could not go to take the Graduate Management Admission Test

(GMAT) as planned, for which I had studied 6 months, 12-15 hours a day, almost every day; moreover,

I could not go to take care of my anchored boat which needed checks and pumping of the bilge water;

all caused me more anxiety and depression. My performance at the GMAT decreased from top 47% in

2014 (which I attained even though, abusively, I was not allowed to wear a hat to protect my head from

the blowing cold air from the A/C above) to bottom 12% (even though I was allowed to wear a hat) in

the integrated reasoning section when I took it after the wrong arrest, due 90% to the brain health issues

that RR worsened or caused; thus, the graduate schools did not accept me in their PhD programs.

Indeed, RR worsened my

-right elbow and right shoulder issues and upper and lower back issues when a deputy handcuffed

my hands too tight behind my back for -30 minutes, which worsened my cartilage, ligaments and

tendons injuries, which manifest as scary pain inside the elbow joint during effort, for example, after

carrying a regular laptop backpack by hand for 1', during even only one pull-up or during 5 minutes of

medium rowing effort; which manifest as scary pain in my right shoulder area during even only one

push of a 6x2x4 wood bar.

-upper and lower back and neck issues when a deputy transported me 100 mile from Tavernier to

Key West in a bus without the proper shock absorbing system, which worsened my permanent damages

of the cartilages, ligaments and tendons, which manifest as alarming pain inside an upper vertebral

joint after carrying a regular laptop backpack for only 20' and as painful stopping of my breathing after

- -

around- two hours of activity that requires bending of my back every 5 minutes to lift objects under 20

pounds

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-upper and lower back and neck issues when a deputy did not provide proper mattress and pillow

in the jail.

-mental and emotional injuries when I could not pay the bail bond because the Police Officers who

arrested me did not allow me to take my phone and credit card to pay the bond, even though I had not

memorized any phone numbers of friends to call from jail for assistance; when I could not go to take

the Graduate Management Admission Test as planned; when RR caused me over-heating or overcooling; when I could not take care of my anchored boat; and when I suffered loss of my reputation due

to the wrong arrest.

Skin pores with visible blood were my and other person' symptoms of extreme stress, most

probably caused by haematohydrosis; the sweat glands all over our body are supplied by small blood

vessels. Under extreme stress these vessels can break and blood can leak. A famous example of a

person who sweated blood is Jesus. St. Luke, a doctor, records that near Jerusalem, in Gethsemane

(Geths/Geta/Got people originated from the ancient Danube valley area where the oldest gold jewelry

was discovered- https://www.smithsonianmag.comlsmart-news/oldest-gold-object-unearthed-bulgaria180960093/, and where I was born), Jesus sweated drops of blood onto the path before him when he

decided, in spite of the immediate risk, to continue preaching there instead of going away.

Unfortunately, the Geths could not save him from torture then death but most probably financed and

helped the spread of the teaching of the rights, which Jesus started. Please ensure that these rights are

taught to and understood by the law enforcement employees (LEEs).

The injuries that RR caused me have impaired permanently and drastically my intellectual and

physical activities. Indeed, unfortunately, I have not been able to maneuver and control a sailboat

anymore, which should have been my main business at the time of the.incidents; I have not been able to

keep other physically demanding jobs; I have not been able to get an office or other job due to my

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mental issues which include headaches, depression, anxiety, anger, distrust; thus I have had no proper

income for a normal, decently comfortable life. In addition, the quality of my life has diminished

abruptly and diabolically severely because I have not been able anymore without pain to row even only

my small 8.5' tender boat against a current caused by even only 15 mph wind to reach my live-aboard

sailboat where I should get every night in order to sleep, sailboat which is anchored in the small, 1 mile

wide, Tarpon Basin in Key Largo, FL; I have not been able anymore without pain to climb even only 4'

to get on my sailboat from my tender boat, and properly swim, ride a bicycle, do aerobic or weight

lifting exercise, dance or backpack. I had to stop operating and living in a boat. I cannot fulfill any

longer my plan to sail to Hawaii, Tahiti, Seychelles, Madagascar and around the coasts of all the

continents.

I had to sleep in improper shelters, as no recovery home was available.

Moreover, the brain injuries that RR caused me or aggravated have impaired my mind;

unfortunately, my recurring headaches and other mental problems such as nausea, focus issues,

memory weakness and depression stop me from rigorous intellectual activities. The Master's Degrees

which I have received in the years 1997 and 2000 prove that I had had the mental abilities to do any

intellectual activities including getting a Law Degree or running an accounting business, which I

cannot do anymore.

I spoke with and wrote to many attorneys but I have no money to pay retainers to hire a lawyer

because my past injuries stop me from keeping or getting a job that provides income. In addition, I can

not find an attorney to help me with this case on a contingency basis because of the large number of

work-hours needed compared to the low income potential for an attorney. Furthermore, many attorneys,

or even all attorneys, are selfish and greedy, thus, they either do not care or, worse, theywantaQidents

to continue happening so that they make more easy money from the settlements with the insurance

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companies; therefore, they do not want proper training and behavior of Police employees, and,

consequently, they do not accept such cases. Thus, for proper justice and civilization and for the

progress of our state and country, please create a new Public Office with a name such as "Public Civil

Attorney Assistance for Mentally Unfit Persons", that must offer -free or for credit or loan given from

the public budget- professional, independent legal help in civil cases to persons who do not have

anymore the necessary mental capacities promptly and completely to study, understand and memorize

the Laws and Courts' Procedures to prove their complaints on time.

As a result of my injuries, I endured and will endure having periodic treatments, experienced

pain and suffering therefrom; suffered physical handicap, disability, mental anguish, loss of time, loss

of past earnings, loss of current earnings and earning capacity in the future, aggravation of preexisting

injuries and conditions, inconvenience, loss of capacity for the enjoyment of life; and other unknown

yet damages that the law would allow. All of these injuries are permanent and continuing in nature.

As a further direct and proximate result of the injuries sustained due to the aforementioned

negligence or carelessness or malevolence or corruption of RR, Petitioner suffered severe new mental

and non-mental body injuries and worsening of old health issues. As a result of the injuries, Petitioner

endured having treatments for his injuries for which he continues to suffer, has incurred medical

expenses in the past and will continue to incur such expenses in the future.

In September 2017, Hurricane Irma, the biggest ever recorded in FL, as big as the top five prior

hurricanes combined -thus, it was not "natural" but "created"- caused extensive destruction in Florida

($50 billion https ://www.thebalance.comlhurricane-irma-facts-timeline-damage-costs-4 150395);

consequently, to avoid future punishing catastrophes, please, prove to God and his, her or its angry

angels that you can manage its Earth properly.

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REASONS FOR ALLOWANCE OF THE WRIT

U.S. Const. Amend. VIII prohibits cruel and unusual punishment. If RR does not compensate me

for the injuries his employee, DK, caused me by the -3O' transportation to jail in his hyperthermic,

"cooking" car, then he and his employees will continue to torture others too, even though it is battery,

intentional infliction of emotional distress, and against U.S. Const. Amend. VIII, which prohibits cruel

and unusual punishment. Thus, they will cause more poverty and other social problems. Similarly, RR

must compensate for the other torturous abuses: DK did not let me take my credit card to pay the bail to

be released; DK did not let me take my phone to have my friends' numbers to call; RR tortured me

during detention in jail too, see par. 4 above for details.

U.S. Const. Amend. V guarantees the right to due process. If the Court dismisses my complaint

without due process, for failure to appeal a judgment on time, even though a conspiracy group has

affected me mentally with hyperthermia and other excessive stresses, which impaired my reasoning and

understanding of the legal process, the Court will affirm the prior and encourage future cruel and undue

punishment. The dismissal of my case was in conflict with the decisions of this Court in Hazel-Atlas

Glass Co. v. Hartford-Empire Co., 322 U. S. 238, 248, which stated that courts must exercise their

equity powers in order to "relieve hardships

...

aris[ing] from a hard and fast adherence" to more

absolute legal rules. "Mere neglect or inadvertence in complying [...] is rarely enough to justify

dismissal." Commonwealth Fed. Say. and Loan Ass 'n v. Tubero, 569 So. 2d 1271, 1273 (Fla. 1990). In

addition, "the court's discretion can be properly exercised only after the court has made an adequate

inquiry into all of the surrounding circumstances." Richardson v. State, 246 So.2d at 775 (Fla.1971),

and "the interests of justice would be better served by addressing the merits". Overton v. Jones, 155 F.

Supp. 3D 1253; "petitioner has demonstrated a departure from the essential requirements of law

resulting in a miscarriage of justice in this case." United Auto. v. Cly. Line Chiro, 8 So. 3d 1258 (Fla.

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Dist. Ct. App. 2009).

U.S. Const. Amend. XIV, sec. 1 stipulates that "No State shall make or enforce any law which shall

abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any

person of life, liberty, or property, without due process of law; nor deny to any person within its

jurisdiction the equal protection of the laws." U.S. Const. Amend. VI states that "In all criminal

prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury [...] to

have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for

his defense." But I was detained for at least 6 nights before the trial, Judge Ptomey did not allow a jury,

and no Counsel defended me, which were against the U.S. Constitution. If the Legal System does not

offer guidance or professional, independent legal help, free or for credit or loan given from the public

budget, in cases, including civil ones, to victims who cannot prove their complaints themselves

promptly because they lack the necessary mental skills after an injury, and when private attorneys will

not take their cases due to lack of available time or conflicts of interests, 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 suffering to more persons, thus to vitiate and impair our communities and

even kill. We need to stop, punish and try to heal all offenders ASAP to prevent any future harm to

anyone else.

U.S. Const. Amend. I guarantees the freedom of speech, including my right to comment about and

ask others to help me sue Mo. Co. and FL DOT for lack of proper bike route signs, even if it

antagonized the decision-makers of Mo. Co.. We need to be free to comment and talk in public about

probable local corruption due to which many streets did not have a proper bike route sign and there

were no proper community services such as victims funds, free or on credit recovery hospital/nursing

home/hotel, health and legal care for injured persons. We need to be free to comment about potential

criminals who infiltrated our country's public or private organizations and governments.

VALENTIN SPATARU vs R. RAMSAY

...

SCOTUS 05/20/19, page 25

42 U.S.C. § 2000d, et seq. prohibits against discrimination on ground of race, color, or national

origin. I was born outside the USA (I became a citizen of the USA by naturalization in 2002) thus I was

viewed as a helpless "alien". Indeed, the offenders discriminated against me based on my national

origin, and broke the law. Moreover, the United Nations' Universal Declaration of Human Rights

Article 1. requests all to "act towards one another in a spirit of brotherhood."

34 C.F.R. Part 104.4 prohibits discrimination against people with disabilities, and I was partially

disabled by past "accidents" at the time the abusers started my torture. Therefore, the offenders

discriminated against a person with disabilities, and broke the law.

I was snorkeling in front of my property to 100 feet of open water, which was allowed by the CO

Ch. 26, Art. IV. Sec. 26-98 (b); my property was my lawfully anchored live-aboard boat. Therefore, the

CO allowed me to snorkel, Sec. 26-98(a) did not apply, and RR arrested me without probable cause,

which violates the Fourth Amendment of the U.S. Const., 42 U.S.C. § 1983, and Madiwale v. Savaiko,

117 F.3d 1321, 1324(11th Cir. 1997); a cause of action for damages maybe asserted under § 1983,

Brown v. City of Huntsville, Ala., 608 F.3 d 724, 734 n. 15 (11th Cir. 2010). A voluntary surrender to the

authorities still constitutes a seizure under the Fourth Amendment. Albright v. Oliver, 510 U.S. 266, 271

(1994). Please punish all offenders under 34 U.S.C. § 12601 and 18 U.S.C. §§ 241, 242, too

I was accused of "trespassing by snorkeling" on 08/11/2015, which was the sixth day after the start

of the commercial lobster season on August 6th, 2015, and not during the first five days of commercial

lobster season as CO Ch. 26, Art. IV. Sec. 26-98(a) required for the infraction to exist.

According to CO Ch. 26, Art. IV. Sec. 26-98 and 99, the citation should have been issued pursuant

to F.S. § 327.74, (uniform boating citations), but not for trespassing; furthermore, the penalty for

snorkeling [for lobstering] would have been $50, not to exceed $500.00, but not arrest, hyper- or hypo-

tennic dëtentiön and4600.

1 did not and could not destroy any property by swimming lawfully with or without a snorkel in

VALENTIN SPATARU vs R. RAI'4SAY ... -

SCOTUS 05/20/19, page 26

public water; I did not, had no and have no intention to affect the environment or trespass. Indeed, I

have never hunted for or caught any kind of lobster, including spiny lobster, and have not even been

able to due to my injuries caused by a van that hit me in June 2013 in Key Largo while I had been

lawfully riding my bicycle on the bike route that lacked proper bike route signs. Indeed, I had used a

snorkel -when I took one- during my swimming to be able to detect ASAP any dangerous sea wildlife

and rocks to avoid injuries; and to swim without affecting anything underwater. Indeed, when I had

swum alone in isolated areas in the past, wild creatures had bitten or stung me many times and a

threatening large fish with killingly long and sharp teeth had come to me once but I had seen it early

with my goggles and had been ready to confront it with a protective spear and protect myself, which

made it go away; in addition, a neighbor boater, Gregory Jennings, had said he had seen a crocodile in

the area in the spring of 2015 and the local newspaper had printed articles about big crocodiles and

snakes in the region; indeed, the Record on Appeal, pages 34-37, from CC to 3DCA show descriptions

and graphic pictures of other persons' encounters, many even deadly, with wild sea creatures; therefore,

asking people to swim away from other swimmers and without goggles and snorkel is a crime which

should be punished. Indeed, I had no equipment to catch lobsters or to cause destruction of property or

deleterious environmental effects. I was not using a snorkel to search for or catch lobsters or cause

destruction, but to protect myself and the environment.

U.S. Const. Amend. VI requests that "the accused shall enjoy the right [...] to be confronted with

the witnesses against him; to have compulsory process for obtaining witnesses in his favor" but I was

not allowed to confront in Court any person who had accused me of causing any destruction, making

them uncomfortable or being combative.

Florida Constitution, Article X, Section 11 allows a person to swim and use beaches below the

- -

mean high wateflines with or without a snorkel; in addition, "Florida courts have recognized [.]

bathing as protected public interest" -Florida Bar Journal, Sovereignty Lands in Florida: It's All About

VALENTIN SPATARU vs R. RAMSAY ... -

SCOTUS 05/20/19, page 27

Navigability (Part I), January, 2002, Volume LXXVI, No. 1, https:IIwww.floridabar.orglnewsltfbjournall?durl=%2Fdivcom%2Fjn%2Fjnjoumal0 1.nsf%2FAuthor

%2F8435886355600CBB85256B280076F439.

Even though I did not touch any HI's property because I swam below the MEWL, and HI does not

own any water below the MHWL, I was arrested, detained and convicted under Fla. Stat. 810.08.2b

(2015) for trespassing on HI's property, which was wrong. Indeed, RR did not have reasonable cause to

arrest and detain me; and Judge Ptomey did not have reasonable cause to convict me.

Other people had been and were snorkeling in the area near Hampton Inn but DK did not even

warn them, which was an implicit invitation for me to join the other snorkelers. DK arrested only me,

which was an abuse against U.S. Const. Amend. XIV, sec. 1, "nor shall any State deprive any person of

life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the

equal protection of the laws."

There had been no sign on the beach of HI or buoy on the adjacent water to warn swimmers of Mo.

Co. CO, Ch. 26, Art. IV, Sec. 26-96 to 99.

There are no lobsters in Tarpon Basin due to the lack of rocky bottom for them to hide, and FSC

ruled that a law cannot be upheld where there is zero evidence that it actually does what it was

purportedly intended to do. N BrowardHosp. Dist. v. Kalitan, 219 So. 3d 49, 57 (Fla. 2017) (holding

law unconstitutional because "there [wa]s no evidence [...] justifying [it]"); Estate ofMcCall v. U.S.,

134 So. 3d 894, 909 (Fla. 2014) (plurality) (finding law unconstitutional because "the available

evidence fail[ed] to establish a rational relationship" between the law and its purported purpose); id. at

921 (Pariente, J., concurring) (finding same law unconstitutional because there was "no evidence...

that would justify" it). Indeed, the purpose of the Mo.Co. CO, Ch. 26, Art. IV Sec. 26-98 (a) is to

harass and stop illegally and abusively the snorkelers who do not pay for a room at HI or other hotels or

vacation houses, from using the safe public water near the shore, even if they enter the water from

VALENTIN SPATARU vs R. R1NSAY

...

SCOTUS 05/20/19, page 28

lawfully anchored boats or from public, government owned areas, which is criminal conspiracy and

racketeering.

The arrest was without reasonable cause and a warrant, which was an abuse against the US Const.

Amend. IV -Search and Seizure- that guarantees "The right Of the people to be secure in their persons."

Even though the title of ARTICLE 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.

Please help me to recover and continue my good anti-corruption work for your benefit too, to

help USA to avoid the collapse of civilization; if you are not convinced that you are in danger too,

please read again Ethics courses or books. A book, "Socialism, Fascism, and the Tyranny of Big

Government" by Michael Dahlen shows how tyrants enslave entire nations and destroy them and

finally themselves; "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.comldplB0 1MT65D8 W/ref=sspa_dk_detail_l ?psc= 1, accessed in April 2019.

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 organized crime caused me by injuring me, especially my brain.

Please help me continue to expose the new lies, deceptions, and abuses of the organized crime; "Mr.

Buttigieg said that when capitalism becomes unrestrained by democratic checks and impulses, that's no

longer the kind of capitalism that once produced broad prosperity in this country. "If you want to see

what happens when you have capitalism without democracy, you can see it very clearly in Russia," he

said. "It turns into crony capitalism, and that turns into oligarchy."

...

But somehow, as the definition of

VALENTIN SPATARU vs R. RANSAY

...

SCOTUS 05/20/19, page 29

democracy has been handed down to us over the years, the word has come to mean the existence and

exercise of a few basic rights and principles. The people

the "demos"

are imbued with no

particular economic characteristic. This is wrong. Our definition of democracy needs to change.

Democracy can't flourish in a context of grotesque concentration of wealth [by injuring abuses too].

This idea is neither new nor radical nor alien. It is old, mainstream and as American as Thomas

Jefferson.

[...] So, yes, democracy and the kind of economic inequality we've seen in this country in recent

decades don't mix. Some will rejoin that many nations even more unequal than ours are still

democracies

South Africa, Brazil, India. But are those the models to which the United States of

America should aspire? "-https://www.nvtimes.com120 19/04/14/opinionlamerica-economicinequalitv.html.

20. Please stop the giga-criminal giga-'organization' (GCO) that has targeted me too and hired

perpetrators to manipulate and make or corrupt individuals to cause abuses and injure me. Indeed, I

have been the target of a giga-criminal giga 'organization' due to my scholarly financial education (I

have the Master Degree in Accountancy from University of Georgia, USA, since the year 2000 and the

Master Degree in Financial Management from The Academy for Economic Studies, Romania, since

1997) which convinced the accounting mega-company Deloitte to hire me in 2002 for the Atlanta

international taxation department, helped me to obtain the Certified Public Accountant (CPA) license in

2003 and gave me the knowledge to understand and comment against the permissive financial laws that

cannot prevent fraudulent financial management and recover the stolen money. Unfortunately,

perpetrators use "actors", ComputerNoice-to-BrainlSkulli'Proximity and other evil "SF" devices and

techniques. Truly, I have experienced myself:

hacking of my PC and cloud accounts and unwanted changes to my files and folders, which I have

noticed since 2005;

mind and brain attacks with air-borne sound or electromagnetic waves to tire me, ask me to shut up

about an issue or abandon a lawsuit;

'acting' 'people' who hurry me while another 'actor' 'reminds' and induces me with a hypnotic voice

from my back or side to do or not do something (for example, 'do not read that, you waste your time',

which was bad advice intended to harm).

Indeed, our communities must ensure that all the services and development, public and private, are and-will be lawful, safe, sufficient and good for all, otherwise we must correct them or stop the unsafe

VALENTIN SPATARU vs R. RANSAY

...

SCOTUS 05/20/19, page 30

services and development.

21. According to the Supreme Court decision, Marbury vs. Madison, 1803, which has never been

challenged much less overturned, any law that is passed in the United States, or any of its territories,

which is contrary to the Constitution is void. This would apply to rules, regulations, ordinances and

directives too.

CONCLUSION

The petition for a writ of certiorari should be granted.

Respectfully submitted,

Valentin Spataru

do CILK Center for Independent Living

103400 Overseas Hwy. #243, Key Largo, FL 33037

Mobile cell phone: 305 615 0061,

Email: valentin.spataru.macc.cpa@gmail.com , valespa@outlook.com

APPENDICES

Appendix A Florida Supreme Court issued its one-page order denying review

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.