Tuesday, August 1, 2017

hurt feelings reports, Key West reception center

Hurt feelings reports, in various hues, shades and sizes, recently were brought to my attention by my mainland hoodoo witch friend. She said it reminds her of the the lady from Leeds, Alabama's lawsuits against me. Googling "hurt feelings reports" will bring up plenty variations.

Amiga Morticia, one of my few friends in my hometown, Birmingham, Alabama, reacted to yesterday's post at this website:
I am so laughing at you this morning.. I can't help it..  YOU HAVE MADE MY DAY!!  Your hosts glasses...    Thank you thank you for bringing me out of my funk...   I can't help it I am cracking up at you...  Honest to God there needs to be a reality show of you and your life. If I knew someone in Hollywood I'd suggest it..  YOU ARE HYSTERICAL!!!!!!!
Meanwhile, down here at the tip end of this hear, you heah?, small asteroid belt, I dreamed last night of the blue paper wooing me, and of the city wooing me to run for mayor again. 

Just to see to it that I got the MESSAGE ...
Kari Dangler called me 3 times around 8 a.m. this morning, and I did not answer. Why I did not answer was reported in yesterday's post at this website. Earlier this morning, I had been hearing a song tune in my head, which I thought was Kari singing something to me, and I still did not answer the phone. I saw one voicemail and listened to it. Kari said she'd had a dream about me, which she thought I would like to know about. I called her, and when she answered, I told her I'd heard her voicemail about a dream about me, so tell me the dream.

It took Kari 6 tries to tell me the dream from start to finish, leaving out her thoughts and opinions. The 6th time was the only time she told me the dream from start to finish. It was the only time she told what happened in the dream, in the time order it happened. It was the only time she told it accurately. For example, the first time she told me the dream, she said I was trying to get the black horse to come to me and it would not come to me.

Here's the dream.

I was out in a small boat, perhaps a row boat, in the ocean near a beach, with a rod and reel, catching small fish. On the beach was Kari and a black horse with a big bushy mane and tail standing in shallow water stomping the bottom with its hooves. The horse finally reached down and caught a small fish with its mouth and ate it. Kari was trying to get the horse to come to her, and it would not. It was a wild horse. While I'm fishing, I'm looking down at a huge fish under my boat, and we are talking in a language Kari does not understand. That huge fish has been there a long time and could not be caught before.

In my dream and spirit code, a horse represents a candidate for public office. Me, usually. Kari was raised on a quarter horse farm in Missouri. She was the state high school barrel-racing champion. She was a horse whisperer.

I asked Kari to tell me the dream she had night before last, which she would not tell me yesterday morning. She said she did not remember that dream. I told her, goodbye, and hung up. 

Regardless of what Kari, or anyone else thinks, dreams are far more real than what most people think is real. Dreams are far more descriptive of what is really going on, than what most people think is really going on. The first thing out of the chute for Kari each morning should be for her to tell me any dream she remembered from the night before. Especially a dream about me. Or about me and her. Or about her. Or, about anything, because the dream is important in any and all events. Regardless of what Kari, or anyone else, thinks.
For example. A few days ago, Young Prophet called and told me he had dreamed I was in Birmingham trying to file pleadings at the courthouse in the lawsuit the lady from Leeds filed against me, and people were stopping me from filing my pleadings. I told Young Prophet that I did not think the dream was literal, because, if I were in Birmingham physically, no one would know when I would show up at the courthouse to file pleadings. Furthermore, I am indigent and cannot get to Birmingham to file pleadings in person. So, I thought the dream was about me having trouble, or being prevented, from e-filing pleadings, which is how I had defended the lady's lawsuit against me in Key West, which the judge eventually dismissed without prejudice, over my pleas to dismiss with prejudice, because she would sue me again, but in Birmingham.

When Young Prophet called me yesterday, he said he'd had the same dream. I said, well, a bit earlier in the day, I had called the Alabama Courts E-filing Office and had been told, in order to qualify for pro se e-filing in Alabama courts, people have to come into any clerk of court in Alabama and present themselves to the clerk and prove they are who they say they are, and the clerk then notifies the E-filing Office and the e-filing permission is approved. That was how I had read it, when looked it up online. I told E-filing Office that I live in Key West and am indigent and cannot get to a clerk of court office in Alabama. I was told I cannot use e-filing in Alabama, I will have to submit paper pleadings. That's going to be a real pain in the ass to do. Where's a hurt feeling's report?

Now back to Kari's dream last night.

Do I think she purposely told it to me several times the way she wanted to tell it to me, instead of simply telling me what the dream actually was? No, I don't think that. I KNOW it.

Do I think the Devil had anything to do with the ways Kari tried to tell me the dream, instead of tell it to me the way it happened? No, I don't think that. I KNOW it.

As for Kari's dream ...

Given my own dreams last night, I suppose the huge fish is about me running for mayor of Key West, which I have done 5 times and it was a big fat joke, in which I caught a few small fish. A big fat joke, which could be likened to Lucy yanking the football away from the super moronic gullible Charlie Brown once again.
Likewise, the super gullible me ran 3 times for county commission and 1 time for school board. 

God knows what all money I wasted on those fool's errands, which I sure could use if I had it to spend now.

I have zero interest in running for mayor again, but I ain't any more in charge of that than I am in charge of the earth spinning on its axis and the sun rising and setting. 

If the angels tell me to run for mayor, then I will run for mayor, just as sure as the earth spins on its axis and the sun rises and sets. 

If you lived in my skin, you would do the same, but since you don't live in my skin, you should get down on your knees and thank whatever is your God that you do not live in my skin. 

While you are praying, toss in a supplication that I get enough money to stop living on the streets of Key West, 'cause I can't imagine having the energy to run for mayor sleeping nights in the Key West police station front lobby.
A super irony is this allegation below from the lady from Leeds' Amended Complaint in her lawsuit against me in Birmingham - I added the bold for emphasis, and put the whole thing in italics to set if off from the rest of this post.


4. Jurisdiction properly resides in this court because this cause of action arises from the wrongful acts of the Defendant that commenced on December 21, 2016, while he was living at 3400 Cliff Road, Birmingham, Jefferson County, AL 35205. 

5. The Defendant has a substantial connection to Alabama by way of his being a beneficiary to the Alabama estate of his deceased father, Sloan Young Bashinsky, Sr, including: (a) SYB, Inc., (Sloan Young Bashinsky aka SYB); and, (b) the Bashinsky Foundation, Inc; and, (c) proceeds and benefits of the 2016 merger between Golden Enterprises, Inc, and Utz Quality Foods, Inc. 

6. The Defendant’s father’s Alabama estate is more fully described in Exhibit A, attached hereto and incorporated herein by reference. 

7. Upon information and belief the Defendant is not now employed in Florida, does not own, rent, or lease, any real estate in Florida, does not own or have registered any vehicles in Florida. The Defendant’s nexus to the state of Florida is minimal and his whereabouts as a homeless drifter is unknown on any given day.  

Here's the Alabama law on jurisdiction in civil lawsuits:

Alabama Rules of Civil Procedure XI. 
 Rule 82. 
Jurisdiction and venue.

(2) AGAINST NONRESIDENT INDIVIDUALS. Actions against nonresident individuals may be brought in any county of the state where such nonresident is found, or in the county where the subject of the action or portion of the same was when the claim for relief arose or the act on which the action is founded occurred or was to be performed.

The plaintiff's claim for relief is based on stuff I published about her on my websites. I published it from Key West, after she had reneged her promises to me, as she testified under oath before the judge in Key West, on March 31 this year.

She demanded I give her back the apartment she had given me with rent prepaid 7 months, and if I did not give it back, she would have the Birmingham police evict me; and I told her, if she did that, then that would be a public event and I would no longer protect her identity and would publish her and my Facebook chat and emails, all initiated by her, in which she lured me to Birmingham with many promises, and then she reneged, she testified on March 31, using that word - reneged.

All of that bait and switch is seen in the plaintiff's Key West lawsuit pleadings, and in the plaintiff's and my online correspondence, which I kept copies of and forwarded to other people as backup, after she sued me in Key West.

I did nothing to the plaintiff in Birmingham, but tell her what I would do if she sicced the police on me. I returned to Key West and from there did what I told her I was going to do, because she had sicced the police on me in Birmingham. 

She claimed in her lawsuit in Key West that I had tried to blackmail her in Birmingham. What actually happened was, she extorted me. It is a felony to threaten someone with the police over a civil matter.

If my home or business activities are not in Birmingham, it is paramount for the plaintiff being able to sue me in Birmingham, to prove I hurt her when I was still in Birmingham. She cannot prove that.

Where is my home?

In March 2006, I moved from Birmingham back to the Florida Keys. I lived in Key West and on Little Torch Key since then. This is known to many people, and to the county election's office, where I had to file to run for office in 2006 (county commission), 2007 (mayor of KW), 2008 (county commission), 2009 (mayor of KW), 2010 (county commission), 2012 (school board), 2014 (mayor of KW), 2016 (mayor of Key West). 

The first time I ran for mayor of KW was 2003. In 2004, I announced I was running for county commission, then I dropped out before filing.

Except for the short trip to Birmingham last December using the plaintiff's pre-paid 1st class Delta ticket, I have not been out of the Florida Keys since November 2008, when I drove to Birmingham and stayed there a few days and nights, and then returned to Key West knowing I would run for mayor in 2009.

I bought a trailer and an acre of land on Little Torch Key in the spring of 2006, which I sold in 2013 at a great loss due to the real estate market having crashed. I needed the money to live on.

From March 2007-March 2010, I rented and lived in an efficiency apartment in the back of the Wyland Gallery building on Duval Street. During most of that time I let a homeless woman friend live in the trailer for free, she paid the utilities.

After selling the land and trailer in 2013, I rented a room in a Key West home, until March 2015.

Thereafter, I stayed several months in Todd German's home. 

Thereafter, I slept nights in Key West's homeless shelter for many months. 

Thereafter, I stayed an aggregate of about 12 months in Arnaud and Naja Girard's home.

When I was not staying with the Girards, I stayed nights at the homeless shelter, until I was banned for life for what I published about the shelter and the people running it.

Then, I lived on the street and slept night's in the Key West police station front lobby, except for a few nights at Todd German's home, and the week in Birmingham last December, at the plaintiff's invitation and expense.

During all of time, except the week I was in Birmingham last December, I attended and spoke during citizen comments at city commission, county commission and school board meetings. 

I attended quite a few candidate forums in Key West and up the Keys to Key Largo. 

I published daily at goodmorningkeywest.com, and at goodmorningfloridakeys.com, until it went dormant after I went homeless again in 2015. 

When the plaintiff got Blue Host to take my websites down during her lawsuit against me in Key West, the goodmorningkeywest.com blog was getting, on average, 2,000-3,000 page views a day, and sometimes 4,000, and sometimes 5,000, and once, 6,000. 

I started this foosworkneverends website and kept publishing it, from Key West.

From time to time over the years, I was featured in Key West Citizen articles, and one editorial cartoon in 2008.
I contributed comments weekly to Key West the Newspaper (thebluepaper.com) articles after it was acquired by Naja and Arnaud Girard in 2011?

I am known throughout Key West and the Florida Keys. I am a public figure here.

Besides all of that, I obtained a Monroe County driver's license when I returned to the Florida Keys in early 2006. I still have that license and it is good through October 7, 2020. 

I have continuously been a registered voter in Monroe County since 2006, and I have voted in every local and national election since then as a Monroe County resident. Monroe County is the Florida Keys.

For many years, I have been a regular customer of Sippin' Internet Cafe, Harpoon Harry's Diner and Jack Flats Sports Bar in Key West.

The plaintiff alleged in her motion to have the court rule I had waived service of process:

2. Defendant is a drifter with no permanent address. Given the Defendant’s ever changing physical location and lack of attachment to permanent housing, there is no feasible, practical, way to locate and personally serve him with the verified complaint.

The plaintiff's hired local process servers had no trouble finding and serving me with the plaintiff's Key West lawsuit papers, as the plaintiff knew from reading my blog where I slept nights and where I ate breakfast and published during the day and hung out at night. 

The plaintiff filed more hurt feelings reports, demanding the Key West judge do awful things to me, because I had talked with the plaintiff's process servers and had told them what I had leaned about the plaintiff from the chief of police and the city attorney of the plaintiff's city, Leeds, Alabama.

The plaintiff has read my blogs going back as far as 2009. She started corresponding with me online and on bigpinekey.com's popular Coconut Telegraph public forum about the same time.

Looks to me the plaintiff lied to the Birmingham court about my lack of deep and many years' ties to Key West and the Florida Keys, and that I am not easy to find and serve with lawsuit papers in Key West. 

If the plaintiff really believed the Birmingham court had jurisdiction over me, then why'd she sue me in Key West early this year, instead of in Birmingham? 

Lying in a civil lawsuit's pleading is grounds to have the lawsuit dismissed with prejudice.
City Commissioner Sam Kaufman, also a Key West attorney in private practice, just came into Sippin' Internet Cafe and chatted with me for about 15 minutes about various things. 

I met Sam in April 2001, on Mallory Pier. He was talking with homeless people about their being arrested by city police for open container, when people not homeless were not being arrested for open container. When Sam asked me, away from the homeless people with hurt feelings, what I thought?, I said I thought he had a winner case, based on violation of equal protection, but I myself would not ask a judge to rule it is legal for homeless people to drink themselves to death in public. Sam said he agreed, and he declined the case.

Sam has been my lawyer since 2002. He drew up my last will and testament.

In 2004, he was going to draw up the federal lawsuit papers for me to file in the local U.S. District Court, to stop the City of Key West from using its police to keep homeless people from sleeping outside at night. Fearing that lawsuit, the city built its homeless shelter, so homeless people could sleep inside at night. 

When I told Sam this morning that the angels are leaning on me to run for mayor next year, he said he hopes I do, because I know what's going on and speak straight to the issues, and the other announced mayor candidates do not know what's going on. 

When I said I don't want to do it, Sam said I should do it anyway. He said he has had many conversations with people about me. They like my ideas, but when they hear me talk about God and angels, it turns them off. Sam said it does not turn him off, because he's Jewish and in the Jewish religion dreams are viewed as messages from above. I said had not known that, thanks for telling me.

Sam said I should file a motion with the judge in the Birmingham lawsuit, for me to be allowed to use e-filing to defend myself, he thought the motion would be granted. 

I said, since I'm indigent and cannot get to Birmingham, and the plaintiff is filing pro-se pleading with e-filings, it's a violation of equal protection and due process. 

Sam smiled.

Sam said it's not about me winning the mayor's election. It's about me telling people what's really going on. That, I am used to doing.

Sam said, the reason he appointed Donald Trump's local environmental adviser, Ed Russo, to the Key West Planning Board, which is where local developers make out like bandits and no affordable housing ever gets approve and then built, is because Ed volunteered and he is someone who will stand up to the rest of the Planning Board and to the City Planner. 

Sam said he tried to get quite a few people to take that appointment, he especially wanted a woman to take it, but no woman applied for the position.

I did not ask Sam, well, what would my campaign mantra be?

How about, "Make Key West great again!?

2009 mayor's race

Or, a free range Key West wild chicken in every pot!

2016 mayor's race

Back to the future ...
Just my super moronic gullible Charlie Brown opinion, it would take an ACT OF GOD to get me elected mayor of Key West. And, despite my friendship with Arnaud and Naja Girard, the owners of boat-rocking Key West the Newspaper (thebluepaper.com), it would take an ACT OF GOD to get them to endorse me for mayor. And, without their endorsement, I doubt even an ACT OF GOD would have a ghost of a chance of getting me elected mayor. 

The blue paper declined to report the lawsuits the lady from Leeds, Alabama filed against me in Key West, and against Naja and 2 of my other Florida Keys journalist/media friends. So maybe that giant fish under the row boat in Kari's dream is the lady in Leeds, Alabama? She's bigger around than she is tall.

Meanwhile, from this past Friday's weekly online edition of the blue paper:
Naja and Arnaud

Immigrant’s Unlawful Detention: Who’s at Fault?

Monroe County Detention Center Intake/Release Area, Sergeant’s Office 
[photo: MCSO website]
by Arnaud and Naja Girard…….
What everyone knew was that Osman Torres Huete was going to be deported. His family had posted the $1000 cash bail for his release, but at any time during the next two days Border Patrol was going to pluck Osman out of the county jail on Stock Island and send him back to Honduras.
However, when, against all odds, Mr. Torres Huete’s immigration lawyer, Reggie Smith, arrived at the jail on July 8th to challenge her client’s “unlawful detention” an embarrassing situation came to light:  There was no trace of the $1000 cash bond that had been paid by his family on the 6th of July.  A $1000 check was hastily written on an MCSO bank account to replace Osman’s cash bond and he was subsequently released.
The Monroe County Sheriff ordered an internal affairs investigation. This week we received a copy of those findings.
The IA Report explains it like this: The $1000 in cash was paid into an electronic machine located in the jail lobby. Touchpay’s [the private company that manages the machine] system did show the payment, but the company had failed to notify the proper parties at the Sheriff’s office, so Osman was mistakenly kept in jail until his attorney showed up two days later.
We’ve published the full IA report below, but first, there are a few questions raised by this official version of events:
First, during those two days, jail personnel told [and texted] the Torres Huete family they knew that Osman’s bail had been paid but that he could not be released due to a request by Border Patrol to keep him there. Investigators did not contact the family member [whose name appeared on the bail record]. She would have told them that she had paid the bail using the machine in the jail lobby with the help of an MCSO employee.
Another issue is the claim that Touchpay didn’t inform MCSO that Osman’s bail had been paid. Touchpay confirmed they had indeed sent a notification the day Osman’s bail was paid [July 6th] to a list of MCSO employees. But, according to the IA report, the email distribution list was not “current”.
On July 13th, Jim Painter, IT Director for MCSO, wrote an internal email to several MCSO employees including Sheriff Rick Ramsay. In the email, Painter stated that Touchpay’s July 6th “emails did go to all that were on the list.”
However, on July 26, 2017, Painter emailed the IA investigator Michelle Maxwell, stating that he had checked the firewall and that “we did not see any instances of the email of the 6th being delivered to anyone in our agency.”
Why the contradiction?
And what about all of the other inmates? Were all other inmates who posted bail during the time period Touchpay was using the out-of-date email distribution list also kept in jail for days after their bail was paid?  Or did the problem only arise with inmates who were under the cloud of deportation?
Interestingly, the IA report never mentions the central question raised by Osman Torres Huete’s attorney: What is MCSO’s policy when it comes to cooperating with immigration detainer holds at the Monroe County jail?
A legitimate question on the minds of many is: To what extent, if any, was MCSO’s failure to release Osman, after his bail was paid, related to avoiding a conflict with ICE — one of the jail’s largest patrons?
Click this link to see Jim Painter internal email: 

Responses to “Immigrant’s Unlawful Detention: Who’s at Fault?”

  1. If he’s here illegally he needs to be sent back along with the rest of them. Send them all home!

  2. I agree but it still was handled illegally.

  3. As Bud Abbott said to Lou Costello, “Who’s on first?”
  4. For me, the $1,000 bail part of the story, which seems to be the story, is hilarious, keystone sheriff bad behavior, while the illegal immigrant part of the story is maudlin, redundant, whining.
    We now know, thanks to the blue paper, that Sheriff Ramsay’s “illegal immigrant policy” is driven my [by] federal funding he gets for housing federal inmates, and that for Sheriff Ramsay federal funding trumps US laws, blue paper reports, feelings of the detainees’ family members, and feelings of some blue paper readers, as it appears other blue paper readers think all illegal immigrants should be locked up and deported.
    It also appears, despite the adverse blue paper publicity in the court of public opinion, Sheriff Ramsay does not care one mullet wrapper what the blue paper publishes about illegal immigrant detainees.
    I keep wondering why the two immigration lawyers, whom the blue paper featured in past blue paper illegal immigrant detainee articles, did not put Sheriff Ramsay in federal court, if said lawyers were so sure federal laws had been violated by Sheriff Ramsay’s deputies?
    I keep wondering why the ACLU has not put Sheriff Ramsay in federal court?
    I keep wondering why the blue paper has not put Sheriff Ramsay in federal court under some federal whistle-blower law? Arnaud and Naja Girard have litigated a number of lawsuits pro se in the US trial and appellate courts; they know that legal terrain and they are as good at it, or better, than any practicing attorneys in the Florida Keys, including the two lawyers interviewed in earlier illegal immigrant detainee articles.
    Meanwhile, if the detainees are illegal under US law, they get a free pass, get to stay in America, because Sheriff Ramsay’s deputies, during the normal course of their duties as law enforcement officers, learned the illegal immigrants were illegal immigrants and reported that to Border Patrol/ICE, whose job it is to enforce federal laws against illegal immigrants?
    I’m sorry, but this former Alabama practicing attorney, who often has been accused of being a bleeding heart liberal, just can’t seem to wrap his mind around that defense counsel legal argument.

    • Silly Sloan,
      What exactly is keeping ICE from doing its job here? These people are not escaping anything. If ICE would like to pursue some civil immigration proceeding against them they have all the tools they need to get that done.
      Surely a former lawyer is able to understand the concept that the Sheriff must obey the law?
      Interestingly, an Arizona Judge has just been convicted of criminal contempt for disobeying a judicial order to stop violating the rights of foreign-born persons in his County.
      Our Sheriff is not going to go that far – although the federal government has put him in a difficult position.
      I’m hearing that policies are changing over at the jail thanks to our reporting and the work of Reggie Smith.
      • Your comment is awaiting moderation.
        Surely a newspaper journalist with your political experience, Naja, is not surprised a sheriff puts that much federal funding ahead of everything else. He has told his deputies not to report illegal immigrants they come across in the course of their jobs as law enforcement officers not to call in Border Patrol and/or ICE?
        If not, I look forward to you and Arnaud, the ACLU, the local immigration lawyers, the South Florida US Attorney, US Attorney General Sessions and President Trump prosecuting Sheriff Ramsay in federal court :-).

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