2nd Arpaio Fed. Plaintiff Files
Intervenor's complaint filed in the United States v. Arpaio alleging First Amendment retaliation.
Scott Huminski MAY 1 0 2012 2624 S. Bahama Drive Gilbert,AZ 85295 QU:RI< U $I DISTRICT COURT CISiRIOr OF ARIZONA (480) 243-8184 UNITED STATES DISTRICT COU 1W_. DISTRICT OF ARIZONA United States of America, Plaintiff, P O~PUTY ) ) CIVIL ACTION ) -v- ) ) Maricopa County, et al., Defendants. ) ) MOTION TO INTERVENE as PLAINTIFF-INTERVENOR VERIFIED and COMPLAINT-IN-INTERVENTION NOW COMES, Scott Ruminski F.R.Civ.P. 24(a), 24(b) moves to intervene ("Ruminski"), and pursuant to in the above-captioned case and complains, swears and deposes, under oath, as follows: 1. The above-captioned case involves subject matter that the named Defendants have engaged in a long pattern of Constitutional Rights violations against various persons in Maricopa County, Arizona. intervention Specifically relevant to this are the claims of First Amendment retaliation as set Forth in the Complaint. 2. Ruminski has been a resident of Maricopa County for over two years. 3. Ruminski has been subjected to Constitutional Rights violations foisted upon him by the named Defendants, specifically First Amendment retaliation. 1 4. Ruminski has been declared a citizen-reporter and "legitimate gadfly" by the United States Second Circuit Court of Appeals. Ruminski v. COl'sones, 396 F.3d 53 (2d Cir. 2005). 5. Ruminski has received threats of retaliation by means of arrest and criminal prosecution from the Defendants for his reporting crimes to the Defendants. 6. The reporting of crime to a law enforcement agency is speech protected by the First Amendment to the United States Constitution. The speech (crime reports) concerned a person who is self-described as having control and supervision powers with the Maricopa County Sheriff's Office. The complaints of criminal conduct were/are critical of a judicial and law enforcement insider, Justin M. Nelson, heightening the speech to core First Amendment status. Attached hereto as Exhibit "A"is a true and correct copy of an email from Justin Nelson describing his relationship with Sheriff Arpaio. 7. Attached hereto as Exhibits "B" and Exhibit "C" are true and correct copies of emails sent to Ruminski by the Defendants threatening retaliatory arrest and prosecution via the County Attorney in response to Ruminski's crime reporting to law enforcement. 8. Subsequent to receipt of Exhibits "B" and "C", County Attorney personnel assaulted Ruminski in retaliation for his delivery of court papers containing speech critical of the government. Surprise, Arizona has threatened to arrest Ruminski if he engages in litigation against the self-admitted top friend and 2 crony of Sheriff Arpaio, Justin threatened Michael Nelson. Gilbert, Arizona has to arrest Huminski if he engages in litigation against Bruce Hume of the Norwalk, Connecticut Police Department. 9. First Amendment retaliation has been adopted as a custom, practice, policy and procedure under the color of law by the Defendants and at several other law enforcement entities in Maricopa County including the Gilbert Police and Surprise Police whereby these agencies and Defendants use the threat of arrest and prosecution as a retaliation to First Amendment proximately causing the chilling of expression. expression The retaliatory conduct is county-wide and has been adopted by multiple police entities. 10. The Defendants have threatened retaliation through use of the Arizona Harassment Statute 13 A.RB. ยง 2921. The statute is constitutionally infirm as it criminalizes speech protected under the First Amendment. The statute has been used as a law enforcement tool of oppression. 11.This action is brought under the First Amendment and pursuant to 42 U.S.C. ยง 1983 (Bivens action) analogous to the 42 UB.C. ยง 14141 claim set forth in the Complaint. Huminski asserts the Complaint with the same force and effect as if more fully set forth herein. COUNT ONE INJUNCTIVE AND DECLARATORY RELIEF 12.Plaintiff asserts the preceding paragraphs with the same force and effect as if more fully set forth herein. 3 I3.Plaintiff seeks a declaration that the aforementioned conduct constitutes First Amendment retaliation under the color of law. 42 U.S.C. § 1983. 14.Plaintiff seeks a declaration that the Arizona harassment statute, 13 A.R.S.§ 2921, is unconstitutionally vague, over broad and violates the First Amendment. 15.Plaintiff seeks Amendment an injunction retaliation against and enjoining Defendants the enforcement prohibiting First of the Arizona harassment statute 13 A.R.S. § 2921. Dated at Gilbert, Arizona, May 10, 2012 SWORN AND SUBSCRIBED to before me this 10th day of May, 2012 OFFICIAL SEAL MICHAEL WEST NOTARY PUBLIC· State 01 Arizona MARICOPA COUNTY My Comm. Expires Aug. 14,2013 ~"''''0' Notary expo A copy of the foregoing was served upon all parties of record by hand-delivery or First Class Mail, prepaid. 4 Hotmail Print Message 5/10/12 Breakfast with Joe J Michael Nelson Gmichaelnelsonwrites@gmail.com) Sat 4/16/11 2:47 PM scott huminski (email@example.com) I just wanted to let you know that my son and I drove out to Fountain Hills this morning breakfast with Mr. and Mrs. Arpaio (he calls my boy his "little red-headed on the man's political campaign for a decade. As you mayor may not know, despite his position, in Arizona. We had a long conversation detective). Mr. Arpaio is the most powerful about you, what has transpired, and had a wonderful Like I said, I've worked politician of either party and what I believe your next moves will be. He then began to get on the phone. In addition substation. to living less than a mile from the Surprise Police Department, I also live within a mile of an MeSO I have put you square in the cross-hairs of the Sheriff, MeSO as a whole, and in particular, the Meso office that is less than a mile from my home. If you know anything about Joe Arpaio, which I a sume you do, the last thing anybody wants in this state is to be in his cross-hairs. With that in mind, further, very, very From the very top the shit out of me I would be very, very careful about your next "strategic" move here in the valley, and careful about approaching my house which I know, and he knows, you have the address to. down, Meso is now aware of your existence and your activities. That in itself would scare personally, but whatever. Remember my forest buddy. Now you are standing square in the middle of it, all alone, and I wish you all the luck in the world trying to find your way out before the actual civil proceedings commence upon your book publication. Justin scott huminski From: Sent: To: Subject: Steven Spidell - SHERIFFX [S_Spidell@MCSO.maricopa.govl Tuesday, July 19, 2011 11:32 AM J Michael Nelson; jOhn.firstname.lastname@example.org; email@example.com; firstname.lastname@example.org; email@example.com; firstname.lastname@example.org; email@example.com; loren. firstname.lastname@example.org; email@example.com; firstname.lastname@example.org; email@example.com; firstname.lastname@example.org; email@example.com; firstname.lastname@example.org; email@example.com; firstname.lastname@example.org; email@example.com; roy. firstname.lastname@example.org; email@example.com; firstname.lastname@example.org; email@example.com; firstname.lastname@example.org; email@example.com; Sheriffs Media Requests; MCSO Complaints; MCSO Information; Cwilliams@mcso.maricopa.gov; Steven Gibbs SHERIFFX; firstname.lastname@example.org; MCSO Web Team; Ian Thompson - SHERIFFX; email@example.com; MCSO Surplus Operations; Paula Gray SHERIFFX; firstname.lastname@example.org; email@example.com; Jesse Spurgin - SHERIFFX; marianJrank@arizonarepublic.com; firstname.lastname@example.org; pat. email@example.com; scott huminski RE: Scott Huminski I have made this request now for the second time. I do not wish to receive any further information concerning this matter. Any futher emails concerning this I will consider it to be harrassment and turn it over to the county attorney for further review. From: J Michael Nelson [firstname.lastname@example.org] Sent: Tuesday/ July 19/ 201111:28 AM To: ; Sheriff's Media Requests; MCSO Complaints; MCSO Information; ; Steven Gibbs - SHERIFFX; ; MCSO Web Team; Ian Thompson - SHERIFFX; Steven Spidell - SHERIFFX; ; MCSO Surplus Operations; Paula Gray - SHERIff)(; ; Jesse Spurgin :- SHERIFFX; ; scott huminski Subject: Scott Huminski For more information on Scott Huminski, I have more than 10/000 documents on a harddrive that span back 15 years. These encompass every aspect of his quest against the legal system, and include his rantings, his filings, his competency evaluations, threat letters sent to Vermont offiCials that were investigated by the FBI, the documents from the court about his criminal collusion with his police officer brother Bruce Hume to intimidate witnesses and create fraudulent evidence against a witness in his Vermont cases. I have everything about this guy. Anybody interested, please let me know and I will mail you a jumpdrive, otherwise, all of the documents will be posted and available for viewing at Scotthuminski.com within a week. Please call 623-217-3439 with questions or requests. J. Michael Nelson 1 '5/10/12 r.X ~;01/ \ \ C 1/ HotmailPrintMessage FW: 9th circuit in CA to hear Case on Arpaio's corrupt breakfast meetings and Surprise Lisa Allen - SHERIFFX (L_A1len@MCSO.Maricopa.gov) Wed 7/20/11 6:31 PM email@example.com (firstname.lastname@example.org) iVlr Hurninski, Here is an ernail from your arch nemesis. Mr. Nelson, Arpaio nor has had any dealings The entire ernail string regarding fabrication. Sheriffs with him or anyone Mr Nelson Arpaio's any breakfast is not involved connections of @mcso.maricopa.gov Mr. Nelson. that he has never met Sheriff Joe from this office. between in the Sheriff's Nelson campaign. and Sheriff Arpaio was a total All of the references regarding to him are fabrications. Hence we insist you stop harassing address indicating us with these emails immediately. Remove anyone from your email string. We do not have any interest with the email in your battle with If you do not remove us from these harassing emails, we will pursue a legal remedy. This is the e-mail that states that J. Michael Nelson was lying. The information contained in this c-rnail and any (ilcs transmitted with it arc confidential and/or privileged, and are intended solely for the use of the recipients listed above. Tf you are not the intended recipient, you are hereby notified that any dissemination, distribution, is strictly prohibited. Ifyou have please innucdiatcly notifY the sender and delete and or copying of the transmitted received this transmission in CITor, destroy all copies and attachments. information