IN THE UNITED STATES DISTRICT COURT FOR

THE SOUTHERN DISTRICT OF FLOD A

FILED by D.C.
MA2 2 8 12
STEVER M LARIMORE
CLERK U b DIST CT.
s. D. of /L/. -MI/MI
TRAIAN BUJDUVEAN U,
Plaintiftl
VS.
DlsM As CHARITIE , s 1Nc., ANA GISPER , T
DEREK Tllom s and LA slu x oA ADAM S
Defendants.
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', tiles
his Amended Complaint against Dismas Charities, lnc
.,
a comoration authorized to
kansact business in the State of Florida, and Co-Defendantts) Ana Gispert, Derek
Thomas, 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 giving
rise 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 a
resident of Broward County, Florida.
3. At al1 times material to this cause of action Defendant, Dismas Charities lnc
.,
is
a 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 the
U.S. Government, with the cause of action taking place at its Florida satellite office
located 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
1
Case l:ll-cv-20l20-AMS Document l0l Entered on FLSD Docket 03/28/20l2 Page l of l0
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
.
General Allqgation.
tb d f July 2010 with the approval of CCM Director 6
. On or about the 20 ay o ,
Carlos Rodriguez the Plaintiffwas transfer 9om Colman Low Correctional Facility to
Dismas 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 the
Plaintiff 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 Dismas
Charities 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 the
handbook 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 driver
license, driving history from the Division of M otor Vehicles in Tallahassee
,
vehicle
registration, and valid insurance, in compliance with the terms and conditions necessary
to 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's
directives doctor's orders, even going as far as to prevent his medical treatment
,
adding
insult to injury.
12. In violation of his Title V11 protections, the Plaintiff was discriminated and
harassed 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 on
Sundays, 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 religious
preferences were afforded the opportunity to attend services outside of the flve mile
radius without any hindrances from the Defendants
.
Case l:ll-cv-20l20-AMS Document l0l Entered on FLSD Docket 03/28/20l2 Page 2 of l0
13. Given the severity of his health condition, the Plaintiff was afforded the
privilege of home confinement, under the condition that he report twice a week to the
halfway house for regular meetings.
14. On October 13, 2010, the M ovant drove his family vchicle to Dismas halfway
house for his bi-weekly report. A search was conducted of the vehicle that M ovant drove
and property was removed from the vehicle without the knowledge of the Movant and
without the M ovant being present at the search. Defendants asserted that a cellular
telephone, a phone charger and a packet of cigarettes were found in the glove
compartment of the car and confiscated, the items. The Defendants, deliberately
destroyed data and evidence 9om the surveillance cameras that contained information
regarding the search and seizure.
15. As a result of this incident, the M ovant was given three separate violations, on
different 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 as
requested by the discovery.
16. On October 20, 2010, at 6:30 A.M ., while sleeping in his bed at Dismas
House, 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
. The
incarceration was done without the knowledge of USPO and CCM Director
,
Carlos
Rodriguez, as he did not sign the papers for the incarceration, thus m aking it clear that the
Defendants engaged in a campaign of erasing evidence and fabricating documents in
order to cover up any suspicion of the events. Federal Department of Corrections M iami
Counselor 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
,
Carlos
Rodriguez, to no avail. The M ovant was ultimately released from F.D.C. Miami on
January 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 Ana
Gispert and Lashonda Adams, in which he requested, and was denied the ability to
attend a Romanian Orthodox Chtlrch located on State Road 7, in Pembroke Pines
,
to
which M s. Adams replied that you are only allowed to travel within five miles of the
facility for religious services. ln fact, the Defendant made, two other documented
requests on 8/4/2010 and on 10/6/2010, a11 of which were denied both by Adams and
Gispert.
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
Case l:ll-cv-20l20-AMS Document l0l Entered on FLSD Docket 03/28/20l2 Page 3 of l0
stated denomination of worship cannot be located within tive miles of the program''. ln
general the halfway house guidelines stipulate that, ttYou will be able to attend weekly
chlzrch 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 and
completed 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 stated
denomination of worship crmnot be located within five miles of the progmm.
20. Given the fact that the Defendants feel m ore empowered than the United
States 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 exerise 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 proper
notice of his violation, and was provided a hearing upon his retum to Federal Detention
Center 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 incarceration
was done without the knowledge of USPO and CCM Director, Carlos Rodriguez
,
as he
did not sign the papers for the incarceration, thus making it clear that the Defendants
engaged in a campaign of erasing and fabricating documents in order to cover up any
suspicion of the events.
23. ln addition to sanctions levied upon him by the halfway house, he was forced
to serve an additional 81 days in federal incarcemtion. The Defendant received, three
weeks 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. There
was no due process, or proceedings in compliance with Bureau of Prisons guidelines, and
the subsequent documentation to that effect, were simply fabrications to cover up Dismas
Charities Inc., misconduct. Although, no person should be held to answer for a capital
,
or
otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except
in 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 be
twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a
witness against himself, nor be deprived of life, liberty, or property, without due process
of 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.
4
Case l:ll-cv-20l20-AMS Document l0l Entered on FLSD Docket 03/28/20l2 Page 4 of l0
Case l:ll-cv-20l20-AMS Document l0l Entered on FLSD Docket 03/28/20l2 Page 5 of l0
32. None of the Defendants were exempt 9om il1 keating the Plaintiff in that
even the director Ana Gispert said in one of the many intemal correspondences that
Edusting qualifies'', thus giving him a directive to perform manual labor
. AAer days and
days of harmssment in M s. Gispert's absence, the M ovant sent an email within this
Dismas Charities intemal system indicating, t. .. pain and discomfort in my liver''
(Exhibit A, p. 4 to this resgonse). Yet again, in a letter dated 10/19/2010, the plaintiff
wrote, tthis letter is to advlse you that today, 10/19/2010, 10:50 A.M ., l was called to the
front desk and told that l should vacullm the room for him, in an attempt to intimidate
m 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 was
given disciplinary action for incident where is wife was delivering food as a result of him
not receiving adequate nutrition f'rom the halfway house. This violates Department of
Correction Policies in which, it is m andated that each instimtion's food service propam
offers nutritionally balanced, appetizing meals. Special Food and Meals, 28 C
.
F.R. j
547.20 and Program Statement 4700.05, Food Services M anual, provide that medical
diets be available to inmates who require such diets.
33. This court must look at discrete areas of basic human needs
,
and as other
courts have found, must recognized Dismas House Charities Inc
.'s obligation to fumish
sentenced prisoners with adequate food, clothing, shelter, sanitation, medical care, and
personal safety. Given their shortfalls in area with respect to the Plaintiff
,
and the
damages 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 be
legitimate, a11 of the following must be true, (a) advance written notice of the disciplinary
charges; (b) an opporttmity, when consistent with institutional safety and correctional
goals, to call witnesses and to present documentary evidence in his defense; (c) a written
statement 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 in
compliance with a1l statutes, regulations and guidelines. The abuses of process of are as
follows:
No copies of the Transfer Orders (BP-S399.058) nor Transfer
Reciept (BP-821.051) were ever provided to the Movant, because
they did not and do not exist to this day.
The transfer of a halfway house resident back to the Federal Prison
it is NOT done thru a M emorandum. The US Fedeml Government
requires that an approved form (BP-S399.058) and (BP-821.051),
6
Case l:ll-cv-20l20-AMS Document l0l Entered on FLSD Docket 03/28/20l2 Page 6 of l0
Case l:ll-cv-20l20-AMS Document l0l Entered on FLSD Docket 03/28/20l2 Page 7 of l0
Case l:ll-cv-20l20-AMS Document l0l Entered on FLSD Docket 03/28/20l2 Page 8 of l0
Case l:ll-cv-20l20-AMS Document l0l Entered on FLSD Docket 03/28/20l2 Page 9 of l0
CERTIFICATE OF SERVICE
I hereby certify that on or about March 27th, 2012 a true and correct copy of the
foregoing document was served upon the following via the United States Postal
Services, First Class Mail:
Dismas Charities, Inc.
141 NW 1 St. Avenue
Dania, FL 33004-2835
Ana Gispert
141 NW 1 St. Avenue
Dania, FL 33004-2835
Derek Thomas
141 NW 1 St. Avenue
Dania, FL 33004-2835
Lashanda Adams
141 NW 1 St. Avenue
Dania, FL 33004-2835
David S. Chaiet, Esq.
Attorney for Defendants
4000 Hollywood Blvd.
Suite 265-South
Hollywood, FL 33021
EXECUTED ON THIS 27th DAY 0F MARCH, 2012
, 1-
zzwzp// . A yz .q
TM IAN BUJDUVEA U, PR0 SE
5601W . BROW ARD BLVD.
PLANTATION, FL 33317
Case l:ll-cv-20l20-AMS Document l0l Entered on FLSD Docket 03/28/20l2 Page l0 of l0