IN THE UNITED STATES DISTRICT COURT FORTHE SOUTHERN DISTRICT OF FLOD A

FILED by D.C.

MA2 2 8 12STEVER M LARIMORECLERK U b DIST CT.s. D. of /L/. -MI/MI

TRAIAN BUJDUVEAN U,

Plaintiftl

VS.

DlsM As CHARITIE ,s 1Nc., ANA GISPER ,TDEREK Tllom s and LA slu x oA ADAM SDefendants.

CASE N O.: 11-20120-C1V-SElTZ/SlM ONTON

PLM NTIFF'S AM M ENDED COM PLAINT

Plaintiff, Traian Bujduveanu (Pro Se Litigant), hereafter know as ttMovanf', tileshis Amended Complaint against Dismas Charities, lnc., a comoration authorized to

kansact business in the State of Florida, and Co-Defendantts) Ana Gispert, DerekThomas, and Lashanda Adams, and states as follows:

Jurisdiction and Venue

1. This is an action for damages in excess of $15,000.00, and occurrences givingrise to this cause of action took place in Broward County, Florida, this lawsuit falls

within the jurisdiction of this court.

Parties

2. At a11 times material to this cause of action, Plaintiff, Traian Bujduveanu, is aresident of Broward County, Florida.

3. At al1 times material to this cause of action Defendant, Dismas Charities lnc., isa corporation authorized to transact business in the State of Florida.

4. At a11 times material, Defendant Dismas Charities, lnc., is a non-profit

501(c)(3) Comoration, who operates 28 halfway houses in 13 states, contracting from theU.S. Government, with the cause of action taking place at its Florida satellite officelocated at, 141 Northwest 1st Avenue Dania Beach, FL 33004.

5. At a11 tim es material to this cause of action, Co-Defendants Ana Gispert,Derek Thomas, and Lashanda Adams were employees of Dismas Charities lnc. at its

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satellite office located at 141 Northwest 1st Avenue Dania Beach, FL 33004, and were

authorized to act on behalf of the organization in an official capacity.

G eneral Allqgation.

tb d f July 2010 with the approval of CCM Director6. On or about the 20 ay o ,

Carlos Rodriguez the Plaintiffwas transfer 9om Colman Low Correctional Facility toDismas Charities, lnc. halfway house, located in Dania, Florida.

7. Said facility was, at the time, was M anaged by Co-Defendant Ana Gispert. Co-DefendanttslDerek Thomas and Lashonda Adams were responsible for supervising thePlaintiff during his rehabilitation and re-entry into society as part of his federal prison

sentence.

8. Upon arrival at Dismas Charities facility, the Plaintiffreceived a packet

containing the Dismas Halfway House Regulations, but did not receive a DismasCharities Handbook, as there were none available at the time of his anival.

9. It is important to note that the Dismas Halfway House Regulations book is not

the same as Handbook and does not contain the same information as it is only a cursory

overview of the policies and procedures contained within the handbook, and thehandbook docketed as evidence has been moditied since the Movants second arrest and

lawsuit.

10. The Plaintiff provided the appropriate staff members with copies of his driverlicense, driving history from the Division of M otor Vehicles in Tallahassee

, vehicle

registration, and valid insurance, in compliance with the terms and conditions necessaryto obtain permission to operate a motor vehicle during supervision.

1 1. During his residency at Dismas House, the Movant was constantly terrorized,intimidated, and humiliated without any regard for his medical conditions or his dignity

,

in that he was forced to do cleaning jobs which were in direct violation of his doctor'sdirectives doctor's orders, even going as far as to prevent his medical treatment

, addinginsult to injury.

12. In violation of his Title V11 protections, the Plaintiff was discriminated andharassed constantly, by the Defendants, because he was a foreigner, spoke with an accent,practiced Greek-orthodox Religion, and is white. The Defendrmts openly denied the

M ovant's request to attend Religious Services at a Romanian Orthodox church onSundays, located 16 minutes by car (9.5 miles) from the Dismas Charities halfway house,under the pretext of Federal Guidelines. W hile other residences with other religiouspreferences were afforded the opportunity to attend services outside of the flve mileradius without any hindrances from the Defendants.

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13. Given the severity of his health condition, the Plaintiff was afforded theprivilege of home confinement, under the condition that he report twice a week to thehalfway house for regular meetings.

14. On October 13, 2010, the M ovant drove his family vchicle to Dismas halfwayhouse for his bi-weekly report. A search was conducted of the vehicle that M ovant droveand property was removed from the vehicle without the knowledge of the Movant andwithout the M ovant being present at the search. Defendants asserted that a cellulartelephone, a phone charger and a packet of cigarettes were found in the glovecompartment of the car and confiscated, the items. The Defendants, deliberatelydestroyed data and evidence 9om the surveillance cameras that contained informationregarding the search and seizure.

15. As a result of this incident, the M ovant was given three separate violations, ondifferent dates, for the same incident that occurred in the same day, time and place

,

without Due Process of Law. Copies of the three written violations were released asrequested by the discovery.

16. On October 20, 2010, at 6:30 A.M ., while sleeping in his bed at DismasHouse, the M ovant was arrested by two U.S. M arshall agents and transported to F.D .C.M iami, without any charges levied against him and without Due Process of Law. Theincarceration was done without the knowledge of USPO and CCM Director

, CarlosRodriguez, as he did not sign the papers for the incarceration, thus m aking it clear that theDefendants engaged in a campaign of erasing evidence and fabricating documents inorder to cover up any suspicion of the events. Federal Department of Corrections M iamiCounselor Price and Unit M anagtr Hanison, under the strict suggestions of the F.D.C.warden, attempted in a few instances to contact the oftice of CCM Director, CarlosRodriguez, to no avail. The M ovant was ultimately released from F.D.C. Miami onJanuary 03, 201 1.

Count 1- Violations of Plaintifrs First Amendment Rights

17. Plaintiff re-allege and incorporate by reference the allegations contained in

paragraphs one (l) through Seventeen (17) above, and further allege:

18. On 7/29/2010 the Defendant m ade a request to Co-defendant to both AnaGispert and Lashonda Adams, in which he requested, and was denied the ability toattend a Romanian Orthodox Chtlrch located on State Road 7, in Pembroke Pines

, towhich M s. Adams replied that you are only allowed to travel within five miles of thefacility for religious services. ln fact, the Defendant made, two other documentedrequests on 8/4/2010 and on 10/6/2010, a11 of which were denied both by Adams andGispert.

19. A11 parties including the defendants are aware of the special exception to the

(5) mile rule which states that, ifan exception to the rule will only be made when yottr

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stated denomination of worship cannot be located within tive miles of the program''. lngeneral the halfway house guidelines stipulate that, ttYou will be able to attend weeklychlzrch services, as approved by your Counselor, maximum of three hours per week,including travel. Chtlrch must be within (5) miles of the facility. (Church Bulletin andcompleted Church Report Form must be provided upon your retum back from the

facility) Note: Exceptions to the (5) mile rule will only be made when your stateddenomination of worship crmnot be located within five miles of the progmm.

20. Given the fact that the Defendants feel m ore empowered than the UnitedStates Congress when they made a sacred covenant with the citizens of America to make,Ktno law respecting an establishment of religion, or prohibiting the free exerùise thereof ',

it is clear that the Plaintiff should be awarded summary judgment.

Count lI- Violations of Plaintitrs Fifth Am endm ent Rizhts

21. Plaintiff re-allege and incomorate by reference the allegations contained in

paragraphs one (1) through twenty (20) above, and further allege:

22. Although, the Defendants make the claim that the Plaintiffreceived propernotice of his violation, and was provided a hearing upon his retum to Federal DetentionCenter in M iami, the plaintiff argues that he never had a hearing with anyone, neither at

Dismas Charities, nor with any judicial body at the Bureau of Prisons. The incarcerationwas done without the knowledge of USPO and CCM Director, Carlos Rodriguez, as hedid not sign the papers for the incarceration, thus making it clear that the Defendantsengaged in a campaign of erasing and fabricating documents in order to cover up anysuspicion of the events.

23. ln addition to sanctions levied upon him by the halfway house, he was forcedto serve an additional 81 days in federal incarcemtion. The Defendant received, threeweeks of extra duty which were in direct violation of the Plaintiff's doctor's directives,no visitors for 3 weeks, and no weekend passes, the Plaintiff should be awarded summary

judgment.

24. Although the halfway house acts in a semi-ofticial capacity, they have ability

to initiate judicial proceedings as a result of their recommendations and reports. Therewas no due process, or proceedings in compliance with Bureau of Prisons guidelines, andthe subsequent documentation to that effect, were simply fabrications to cover up DismasCharities Inc., misconduct. Although, no person should be held to answer for a capital, orotherwise infamous crime, unless on a presentment or indictment of a Grand Jury, exceptin cases arising in the land or naval forces, or in the Militia, when in actual service in

time of War or public danger; nor shall any person be subject for the same offence to betwice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be awitness against himself, nor be deprived of life, liberty, or property, without due processof law; the Defendants found it possible to evade this Fifth Amendment protection,

seeing itjustifiable to document a proceeding that never took place, and a subsequent re-incarceration that was not sanction by the Director of prisons. Accordingly the Plaintiff

should be awarded summary judgment.

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32. None of the Defendants were exempt 9om il1 keating the Plaintiff in thateven the director Ana Gispert said in one of the many intemal correspondences thatEçdusting qualifies'', thus giving him a directive to perform manual labor. A Aer days anddays of harmssment in M s. Gispert's absence, the M ovant sent an email within thisDismas Charities intemal system indicating, té. .. pain and discomfort in my liver''

(Exhibit A, p. 4 to this resgonse). Yet again, in a letter dated 10/19/2010, the plaintiffwrote, tçthis letter is to advlse you that today, 10/19/2010, 10:50 A.M ., l was called to thefront desk and told that l should vacullm the room for him, in an attempt to intimidatem e.'' He goes on to state that, <t... as a result of a11 actions against m e, for the last week,by Mr. Thomas and his stftl my liver has swollen and I do experience pain''

32. Furtherm ore, he was not provided meals that were diabetic friendly, and wasgiven disciplinary action for incident where is wife was delivering food as a result of himnot receiving adequate nutrition f'rom the halfway house. This violates Department ofCorrection Policies in which, it is m andated that each instimtion's food service propamoffers nutritionally balanced, appetizing meals. Special Food and Meals, 28 C.F.R. j547.20 and Program Statement 4700.05, Food Services M anual, provide that medicaldiets be available to inmates who require such diets.

33. This court must look at discrete areas of basic human needs, and as othercourts have found, must recognized Dismas House Charities Inc.'s obligation to fumishsentenced prisoners with adequate food, clothing, shelter, sanitation, medical care, andpersonal safety. Given their shortfalls in area with respect to the Plaintiff, and thedamages that have resulted directly because of their actions, the Plaintiff must be

awarded summary judgment and damages.

Count V- Abuse of Process

34. Plaintiff re-allege and incomorate by reference the allegations contained in

paragraphs one (1) through thirtpfotlr (34) above, and further allege:

35. Although for an transfer of a prisoner from one stahls to another to belegitimate, a11 of the following must be true, (a) advance written notice of the disciplinarycharges; (b) an opporttmity, when consistent with institutional safety and correctionalgoals, to call witnesses and to present documentary evidence in his defense; (c) a writtenstatement by the fact finder of the evidence relied on and the reasons for the disciplinary

action (d) a1l documents must be documented in the Sentry system to be fully incompliance with a1l statutes, regulations and guidelines. The abuses of process of are asfollows:

No copies of the Transfer Orders (BP-S399.058) nor TransferReciept (BP-821.051) were ever provided to the Movant, becausethey did not and do not exist to this day.The transfer of a halfway house resident back to the Federal Prisonit is NOT done thru a M emorandum. The US Fedeml Government

requires that an approved form (BP-S399.058) and (BP-821.051),

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CERTIFICATE OF SERVICE

I hereby certify that on or about March 27th, 2012 a true and correct copy of theforegoing document was served upon the following via the United States PostalServices, First Class Mail:

Dismas Charities, Inc.141 NW 1 St. AvenueDania, FL 33004-2835

Ana Gispert141 NW 1 St. AvenueDania, FL 33004-2835

Derek Thomas141 NW 1 St. AvenueDania, FL 33004-2835

Lashanda Adams

141 NW 1 St. AvenueDania, FL 33004-2835

David S. Chaiet, Esq.Attorney for Defendants4000 Hollywood Blvd.Suite 265-SouthHollywood, FL 33021

EXECUTED ON THIS 27th DAY 0F MARCH, 2012

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zzwzp// . A yz .qTM IAN BUJDUVEA U, PR0 SE5601W . BROW ARD BLVD.PLANTATION, FL 33317

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