ABORTION INDUSTRY IN MELBOURNE, FLORIDALAWSUITSRANEY V AWARE WOMANDOCKET / CHRONOLOGICAL FILEDEFENDANT'S MOTION AND MEMORANDUM FOR LEAVE TO FILE SECOND AMENDED COUNTERCLAIMABORTION INDUSTRY IN MELBOURNE, FLORIDA
LAWSUITSRANEY V AWARE WOMAN
DOCKET / CHRONOLOGICAL FILE
DEFENDANT'S MOTION AND MEMORANDUM FOR LEAVE TO FILE SECOND AMENDED COUNTERCLAIM
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
NO. 97-CV-1197
AWARE WOMAN CENTER FOR CHOICE, INC, et al
Defendants, Counterclaim Plaintiffs,
-versus-
MEREDITH T RANEY, JR, et al,
Plaintiff, Counterclaim Defendant.
DEFENDANT'S MOTION AND MEMORANDUM FOR LEAVE TO FILE SECOND AMENDED COUNTERCLAIM OF AWCC et al: A CLASS ACTION FOR DAMAGES, DECLARATORY & INJUNCTIVE, RELIEF UNDER FACE, 18 USC §248, FDPPA, 18 USC §2721, AND SUPPLEMENTAL FEDERAL & STATE LAW GROUNDS — INJUNCTIVE RELIEF, JURY TRIAL, AND CLASS ACTION RELIEF SOUGHT.
AWCC et al respectfully move this court for leave to file a Second Amended Counterclaim consolidating into one action the totality of the unresolved disputes among AWCC et al and Meredith Raney. In support of this motion, AWCC submits the newly amended second counterclaim and states the following compelling reasons for allowing the case to proceed on this basis:
1. A substantial body of discovery and investigation has now been completed, at least as far as it will go without further judicial intervention. AWCC has now been able to document and piece together an outline of the harrowing experience it has been through since Meredith Raney originally showed up across the street with his video camera, binoculars, clipboard, and plan of action several years ago. AWCC has considerable background evidence for the amended counterclaim now, which was not readily available earlier.
2. Amendments to the counterclaim are necessary to do complete justice in the case as an entirety. There is no reason for requiring the filing of a new and separate case or cases, since this action is already pending and well underway. The matters in this underlying case and the amended counterclaim overlap and intertwine substantially.
3. This court is familiar with the essential underlying case and dispute already, in many of its dimensions. The second amended counterclaim much more fully develops and explains the controversy, adds essential parties, and seeks important needed injunctive relief available principally under the relatively new FACE and FDPPA Acts of Congress directing jurisdiction over this type of action into the federal courts. The shooting last week of an abortion doctor adds to the urgency of filing this pleading and seeking injunctive relief.
4. Significantly, much of the new counterclaim pleading also conforms to evidence which has been painstakingly developed in the last several weeks.
5. Further, the FDPPA and invasion of security/privacy claims did not acquire such a high level of significance until recent events and discovery of Mr. Raney's "blackmail data base," how he put it together and the danger it poses.
6. This case should not be split off into multiple actions because that would overburden the very limited resources of counterclaim plaintiffs, and lead to repetition and redundancy.
WHEREFORE, AWCC respectfully moves this Court to file and proceed upon the appended Second Amended Complaint as a part of this pending action.
RESPECTFULLY SUBMITTED:
Roy Lucas <signed>
DC # 153957
c/o PO Box 1433
Melbourne, FL 32902-1433
TEL: 1-407-725-2413
FAX: 1-407-725-3847
Susan England, Esq
FL # 0186018
2805 Lakeview Drive
Fern Park, FL 32730
TEL: 1-407-339-4600
FAX: 1-407-331-3006
ATTORNEYS FOR AWCC AND COUNTERCLAIM PLAINTIFFS.
CERTIFICATE OF SERVICE AND LOCAL RULE COMPLIANCE
Above-signed counsel has telephoned and conferred with Messrs Sapp and Siff concerning the filing of this counterclaim, pursuant to Local Rule 3.01(g), but have not been able to agree thereon. This MOTION and SECOND AMENDED COUNTERCLAIM was the served upon counsel for plaintiff Meredith Raney by mailing same to Christopher Smith, Esq., PO Box 1012, Lehigh Acres, FL 33970, and upon counsel for the insurance third party defendants — Odyssey Re, Sphere- Drake, and Westco — by mailing same to Lawrence M. Siff, Esq, O'Connor and Myers, PA, 2801 Ponce de Leon Blvd., 9th fl, (Coral Gables), Miami, FL 33134. Service will be effectuated upon other named parties as required by law.
By: Roy Lucas <signed>
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
NO. 97-CV-1197
AWARE WOMAN CENTER FOR CHOICE, INC, a Florida corporation, on its own behalf and for the class of patients, patient companions, staff, physicians, employees, owners, and independent contractors,
PATRICIA BAIRD WINDLE, EDWARD W WINDLE, JR, TIFFANY POE, DON POE, GRANDFATHER POE, and the classes of JANE POE I-M (1-1000), and JOHN POE I-M, Counterclaim Plaintiffs,
-versus-
MEREDITH T RANEY, JR, individually and holding himself out as WOMEN' S LEGAL ACTION COALITION, and CHRISTIANS FOR LIFE, unincorporated associations,
participating in concert with one another,
WILLIAM LESTOURGEON, ALLEN LESTOURGEON, JOHN C. JAY ROGERS, MARK STEVEN HALL, PATRICIA McEWEN, CHERYL PALMER, CHRISTINE JAGOS, DOLLY EDWARDS, ALLEN MUNROE, NORMA MUNROE, CECELIA STANBACK, PAT PINKSTON, NANCY LALLY, LUTHER LAITE, ANNE BLACKBURN, JANE DOES and JOHN DOEs I-XX,
COMPUSERVE, INCORPORATED, a corporation doing business in Florida,
AMERICA ONLINE, INC, a corporation doing business in Florida, and parent successor to COMPUSERVE, INC,
TML INFORMATION SERVICES, INC, a corporation doing business in Florida,
DOE CORPORATIONS I-XX, their agents, assigns, successors in interest, those acting in concert or participating with them, all those having actual or constructive notice of any injunctive orders issued herein, and the class of individuals and entities similarly situated as to the named defendants,
Counterclaim Defendants.
INJUNCTIVE RELIEF SOUGHT, JURY TRIAL REQUESTED ON DAMAGES, CLASS ACTION RELIEF REQUESTED
SECOND AMENDED COUNTERCLAIM OF AWCC ET AL: CIVIL CLASS ACTION FOR DAMAGES, DECLARATORY & INJUNCTIVE RELIEF, UNDER FACE 18 USC §248, FDPPA 18 USC §2721, AND SUPPLEMENTAL FEDERAL & STATE LAW GROUNDS, INJUNCTIVE RELIEF SOUGHT, JURY TRIAL REQUESTED ON DAMAGES, CLASS ACTION RELIEF SOUGHT
Plaintiffs AWARE WOMAN CENTER FOR CHOICE, INC, et al [hereafter, "AWCC" designates all counterclaim plaintiffs] bring this second amended counterclaim for declaratory and injunctive relief, actual & exemplary personal and business damages, statutory damages, physical and emotional damage and suffering, business and personal losses, costs & fees, and other necessary relief & compensation, and respectfully state their counterclaims and allegations as follows:
I. JURISDICTION & VENUE
1. This federal district court has exclusive jurisdiction under FACE, 18 USC §248 et seq, and FDPPA, 18 USC §2721 et seq.
2. There is further jurisdiction under the Federal Question Statute, 28 USC §1331, and the Civil Rights Acts, 28 USC §1343, implementing 42 USC §§1983-I986.
3. The Federal Supplemental Jurisdiction Statute, 28 USC §1367, and the U.S. and Florida Constitutions and Laws are additional jurisdictional bases.
4. All Counterclaim Plaintiffs reside in the Middle District of Florida, Orlando Division.
5. All have the capacity to sue on these counterclaims.
6. AWCC has standing to assert the jus tertii liberty and privacy rights of third parties involved in seeking and providing reproductive health care services.
7. Counterclaim Defendant MEREDITH RANEY [hereafter "Mr Raney" or for brevity "Raney"] is an adult resident and citizen of Florida, operating primarily from the Middle District, Orlando Division.
8. Raney originally brought this civil action as a plaintiff, alleging three discrete FACE violations against himself.
9. AWCC has denied Raney's claims on the merits.
10. By pending motion for summary judgment, AWCC suggested that Raney's claims are frivolous, without merit, and baseless on many clearly established grounds.
11. Raney's claims are also barred by collateral estoppel, in that he was convicted previously for violating the "buffer zone," said convictions were affirmed, and the Supreme Court denied certiorari, as Raney knew and understood.
12. The McKusick-Hoover-Younger doctrines bar Raney, as does the Rooker-Feldman line of cases.
13. Raney never claimed that he and the others were arrested without probable cause. Absence of cause is as necessary an element under a FACE action such as this, as in Section 1983 suits complaining of improper arrests.
14. While denying the validity of the "buffer zone" as a basis for prosecuting him, Raney flipped over and claimed the "buffer zone" as his outdoor, open air "counseling" facility, to get himself out of the rain, and into a "facility," as required by FACE. That is an illogical and inconsistent analysis.
15. Similarly, Raney claims he is a "counselor," but he is altogether unschooled, untrained, uncredentialed, unlicensed, and unlicensable for any professional reproductive health counseling. He is a faux counselor without recognizable training, without willing patients, waiting in the rain without umbrella.
16. Nothing about Raney says "counselor," particularly not his screaming "butcher" and "murderer" and "baby killer" to women who want nothing to do with him. Raney is more a hazard to reproductive health than any healer.
17. No reasonable fact-finder or jury could find that Raney is a legitimate counselor, none. He fails the evidentiary gatekeeper test. He does not even want to be a counselor, except for FACE purposes. He glories in his mind at being a loud fundamentalist extremist preacher instead.
18. Altogether, a considerable body of case law teaches that Raney should never have commenced this action. His doing so, and continuing same, has been contrary to substantial and persuasive contrary judicial views in many areas of jurisprudence. Raney's papers do not adequately deal with those cases, or even attempt to do so. He brought the case not for judicial recourse, but to burden and bring down an already over-harassed AWCC.
19. Raney also holds himself out as the "WLAC" "CHIEF INVESTIGATOR."
20. "WLAC" is a Meredith Raney-created letterhead he sometimes uses which says "Women's Legal Action Coalition."
21. However, no women are involved in "WLAC," nor lawyers, nor is there any coalition. WLAC is letterhead and misleading in purpose and effect.
22. Raney also is admittedly not trained, licensed, or employed as an investigator of any kind.
23. The "action" part of Raney's self-created WLAC consists of unwanted and unsolicited letters sent on the faux letterhead negligently and recklessly attempting to damage and foment trouble for AWCC.
24. The groundless, undocumented Raney letters make frivolous complaints to state agencies, and solicit patients to sue AWCC for malpractice, or offer money for medical records identifying doctors, as shown by Raney deposition documents.
25. By use of the WLAC letterhead, Raney has misled hundreds of individuals through the mails.
26. Raney has purveyed and spread false, inaccurate, misleading, and defamatory misinformation about AWCC, and invaded the safety, security, and privacy of those hundreds of individuals contacted by him through wire, telephone, or mail, on private, intimate matters without any consent or sane justification whatsoever. This is classic mail fraud.
27. Raney further holds himself out as spokesman for a loosely unincorporated unregistered association he calls "Christians for Life."
28. This CFL group of counterclaim defendants primarily meets regularly, chants and prays, and participates together in various negligent, reckless, and tortious activities of harassment and intimidation at AWCC.
29. CFL is a direct descendant of "Operation Rescue Brevard," and is one vehicle for surveilling and invading the security, safety, and privacy of AWCC and hundreds of former patients and individuals.
30. Raney, CFL, and others accomplish this by videotaping, surreptitiously copying license plates, obtaining personal information from COMPUSERVE or TML SERVICES, monitoring, and contacting women without their consent, and for no sane reason related to motor vehicle or traffic safety.
31. Raney has continuously and regularly in 1989-1998 engaged with numerous others of counterclaim defendants in multiple forms of negligent, reckless, and tortious harassment, intimidation, threats, obstruction, trespass, following physicians, staff, and patients, copying license plates, videotaping of individuals and their vehicles, surveillance of individuals, obtaining personal information on individuals without their consent, and other insidious activities against AWCC not presently fully known, but which have caused overwhelming and substantial damage to AWCC et al, in loss of patients, good wilI, reputation, physical and mental suffering.
32. Because of the surveillance by Raney and his confederates, prospective AWCC patients are intimidated and threatened. Many come to AWCC only in disguise or in rental cars, to protect their security from stalking, and their lives from unwanted, unpredictable intrusions.
33. Many other patients feel compelled to travel to other cities for medical care, to avoid harassment, intimidation, surveillance, and unwanted contact with Raney's group of loud, unpredictable fundamentalist extremists.
34. Raney has numerous arrests and convictions for his equally tortious activities impacting and damaging AWCC.
35. Raney has appealed, seen said convictions affirmed, and had certiorari denied, as to the 36 foot "buffer zone."
36. Raney will continue to violate and obstruct the buffer zone repeatedly until federally restrained, and perhaps not then.
37. As Raney admitted proudly in deposition, he has violated the buffer zone "thousands of times." This shows his utter disregard for American law.
38. The citation to Raney's affirmed buffer zone convictions is Alf v Florida, 116 SCt 65, 133 L Ed2d 27 (US No 94-1951), denying cert to 651 So2d 691, 692, 1211 (Fla DCA 5th 1995) (mem).
39. Alf also affirmed the buffer zone convictions of the following additional counterclaim defendants: MARK HALL, PATRICIA McEWEN, NORMA MUNROE, WILLIAM LeSTOURGEON, CHERYL: PALMER, JOHN C. ROGERS, DOLLY EDWARDS, ALLAN MUNROE, PAT PINKSTON, LUTHER LAITE, and CHRISTINE JAGOS, all post, as well as dozens of other potential "counselor" FACE plaintiffs.
40. Counterclaim defendants WILLIAM and ALLEN LeSTOURGEON [hereafter "LeStourgeon"] are adult residents and citizens of the Middle District of Florida.
41. The LeStourgeons have actively and regularly participated with Raney and others for a number of years in various negligent, reckless, and tortious activities of harassment and intimidation damaging AWCC.
42. These have included the copying of license plates, invasions of security & privacy, violating the "buffer zone," and following patients and staff, as well as other equally and more serious rascallan activity not yet fully known.
43. William LeStourgeon has been arrested and convicted for his tortious activity impacting and damaging AWCC.
44. Said convictions for "buffer zone" invasion have been affirmed and certiorari denied in Alf.
45. The LeStourgeons have been major principal "thieves of privacy" in their almost daily surveillance of AWCC. Both are regular "scribes" on the front lawn of Jay Rogers' "Spy House."
46. There the LeStourgeons are involved with binoculars and clipboards in compiling the massive "blackmail database" maintained by Raney.
47. This database amasses personal information and details on hundreds and hundreds of women who have come to AWCC for private medical care.
48. The "scribes," COMPUSERVE, TML, and others cooperate to make the "blackmail database" all come together in the computer of Meredith Raney.
49. Raney compiles this information in part for an imagined day of reckoning when all abortion doctors, patients, and accessories will face their war crimes holocaust trials under a new fundamentalist theocracy.
50. Raney contributes to a Website which compiles and disseminates biographical profiles of individuals designated to be brought before such a war crimes tribunal. He even has a few federal judges on the site.
51. The individuals whose personal information is surreptitiously collected by Raney did not consent to, know of, or have reasonable means to avoid the security and privacy-invading surveillance maintained by Raney, the LeStourgeons, and others across the street from AWCC at 1575 Dixie Way [hereafter the "Spy House," owned by counterclaim defendant John "Jay" Rogers].
52. The LeStourgeons have been actively aided and abetted in their activities damaging AWCC by participating spouses. William has made asset transfers since the passage of FACE, 18 USC §248, and the decision in Madsen v WHC, 512 US 753 (1994), to avoid judgments such as sought in this case, and thereby to mislead and defraud creditors.
53. Counterclaim defendant JOHN C 'JAY' ROGERS [hereafter "Rogers"] is an adult resident and citizen of the Middle District of Florida.
54. Rogers owns, has primarily resided in, and has encouraged and permitted the use of the "Spy House" at 1575 Dixie Way, Melbourne, from the outset, for negligent, reckless, and tortious activities damaging AWCC since Rogers acquired said house in his name.
55. On information and belief, Rogers became the named owner of said "Spy House" to promote and facilitate the use of said property for his own and the activities of numerous others negligently and recklessly causing damages of many kinds to AWCC.
56. Recently in 1998 Rogers moved many of his assets and much of his property out of the "Spy House", on information and belief, after learning of his potential liability, and the liability exposure to the "Spy House" itself as a "tort staging area."
57. On further information and belief, the "Spy House" was financed and acquired by Rogers and other persons presently unknown, to encourage and provide a "staging area" for negligent, reckless, and tortious activities of harassment and intimidation toward AWCC.
58. The result has been substantial damage to AWCC in numerous ways, including physical damage and suffering, and property damage.
59. Said "Spy House" has in fact been used by counterclaim defendants inside and out extensively to promote and facilitate multifaceted negligent and reckless tortious activities. It has been a "tort volcano."
60. These activities have included the maintenance and storage of the aforesaid "blackmail database," ongoing intrusive surveillance, videotaping, binocular observations, use of long distance directional microphones, staged contemptuous violations of the 36 foot "buffer zone," harassment, intimidation, attempted blinding by flashlights at night, and obstruction of driveways and persons coming in and out of AWCC.
61. Persons utilizing the "Spy House" property have shined flashlights in the eyes of AWCC staff and other individuals driving out of the AWCC parking lot in semidarkness. Raney has been identified as one such "illuminator" person.
62. Persons utilizing the "Spy House" property and front lawn have also "spotted" with binoculars business telephone numbers on the sides of vehicles at AWCC. Then said persons have telephoned the business owners and stated that someone from the business was having an abortion at AWCC.
63. LeStourgeon and Raney have both been identified as likely such perpetrators, in that they have opportunity, means, and motive. Also, they have no visible gainful employment or other life, and spend innumerable hours and days in the front yard of the "Spy House" with binoculars, writing materials, clip boards, cell phones, and Raney' s special "surveillance log sheets," which are maintained and stored at the "Spy House" for years, and backed up & combined with additional personal information on Raney' s computer.
64. Rogers has negligently, recklessly, and tortiously allowed the "Spy House" mailbox (which sits across the street in the buffer zone entryway in front of AWCC) to be adorned with the label "THE KILLING PLACE." This is a threatening, intimidating nuisance, and a serial defamation of AWCC with utterly no civilized justification, certainly not since the "Scarlet Letter" designations of 15th century Salem, Mass.
65. Rogers has negligently, recklessly, and tortiously conspired with and aided & abetted numerous other defendants, and has himself been arrested and convicted for contemptuous violation of the 36 foot buffer zone.
66. Said conviction(s) of Rogers were affirmed, and certiorari denied, in Alf.
67. Rogers has carelessly:and recklessly promoted and allowed the use of his house, yard, storage facilities, telephone, and computers as the instruments for causing ongoing and irreparable injury and damage of many kinds to AWCC, from his purchase to date.
68. Counterclaim defendant MARK STEVEN HALL [hereafter "Hall"] is an adult resident and citizen of the Middle District of Florida.
69. Hall has participated with Raney and others for a number of years in various negligent, reckless, and tortious activities of harassment and intimidation damaging AWCC, including harassment and intimidation, and certainly not limited to the climbing of nearby tall trees and ladders near the North side of AWCC property, in order to intimidate and spy on physicians and patients.
70. Hall has violated the buffer zone to harass, threaten, and intimidate AWCC. He has been arrested and convicted, appealed, and had certiorari denied, for his tortious activities impacting and damaging AWCC.
71. Hall has most recently in 1998 been involved in the acquisition and leasing of additional property on Dixie Way across the street from AWCC, beside the "Spy House." There he has announced plans to continue and expand the tortious activities heretofore conducted primarily from the "Spy House."
72. Use of property such as the "Spy House" for surveillance activities by hostiles is an ongoing threat, intimidation, nuisance, and danger to the peace and safety of the neighborhood, to AWCC, patients, staff, and physicians. This is evidenced by multiple rifle shootings in the U.S. and Canada from properties adjacent to reproductive health:facilities and physicians' homes. The most recent such shooting resulted in the murder and death of a Buffalo, N.Y. obstetrician-gynecologist. Extremist anti-abortion zealots, particularly when manic and delusional, are always but a short step from violence.
73. Raney and others of the counterclaim defendants and their associates have been involved in harassing and picketing at many of the shooting and bomb sites: E.g., Buffalo, Birmingham, Atlanta, Dayton, Wichita, Baton Rouge.
74. The numerous threatening, intimidating, obstructive, privacy-invading activities, and notorious "UNWANTED POSTERS" produced by Raney and his confederates -- detailing private and personal information about physicians and staff -- have the purpose and effect of intimidating and threatening these "targets" who reasonably fear for their safety.
75. Said activities of Raney and confederates have necessitated and caused extraordinary security expenses by AWCC, and stressful alteration of living patterns by all counterclaim plaintiffs, including the need for guards, security fences, security cameras, prevention of chemical attacks, bullet proof glass & apparel, extra protection of children, and ongoing constantly stressful vigilance against stalkers, lurkers, strangers, and persons behaving oddly. Many ordinary business papers now have to be shredded, or be at risk in the garbage. Rental cars are often necessary for security.
76. Counterclaim defendant PATRICIA McEWEN [hereafter McEwen"] is an adult resident and citizen of the Middle District of Florida.
77. McEwen has participated with Raney and others for a number of years in various negligent, reckless, and tortious activities of harassment and intimidation damaging AWCC.
78. These have included the copying of license plates, invasions of privacy, violating the "buffer zone," rallying to a criminal FACE violation scene in West Palm Beach at 5 AM in the morning, and other activity not yet fully known.
79. McEwen has been arrested and convicted for her tortious activity impacting and damaging AWCC. Said conviction(s) have been affirmed, and certiorari denied.
80. McEwen has been a regular "scribe" involved in compiling the massive "blackmail database" maintained by Raney and his confederates, of personal information and details on women and their companions who have come to AWCC for private medical care.
81. Counterclaim defendant CHERYL PALMER [hereafter "Palmer"] is an adult resident and citizen of the Middle District of Florida.
82. Palmer has participated with Raney and others for a number of years in various negligent, reckless, and tortious activities of harassment and intimidation damaging AWCC.
83. These have included the copying of license plates, other invasions of privacy, and violating the court ordered buffer zone.
84. Palm-r has also been a regular "scribe" involved in compiling the massive "blackmail database" maintained by Raney of personal information and details on women who have come to AWCC. Palmer has caused and contributed to personal damage and injury thereby.
85. Counterclaim defendant CHRISTINE JAGOS [hereafter "Jagos"] is an adult resident and citizen of the Middle District of Florida.
86. Jagos has participated with Raney and others for a number of years in various negligent, reckless, and tortious activities of harassment and intimidation damaging AWCC.
87. These have included the copying of license plates, other invasions of privacy, and violating the court ordered buffer zone.
88. Jagos has been a "scribe" involved in compiling the massive "blackmail database" maintained by Raney of personal inform-tion and details on women who have come to AWCC, and has caused damage and injury thereby.
89. Counterclaim defendant DOLLY EDWARDS [hereafter "Edwards"] is an adult resident and citizen of the Middle District of Florida.
90. Edwards has participated with Raney and others for a number of years in various negligent, reckless, and tortious activities of harassment and intimidation damaging AWCC.
91. These have included the copying of license plates, other invasions of privacy, and violations of the court-ordered buffer zone.
92. Edwards has been a "scribe" involved in compiling the massive "blackmail database" maintained by Raney of personal information and details on women who have come to AWCC, and has caused damage and injury thereby.
93. Counterclaim defendants ALLEN MUNROE and NORMA MUNROE [hereafter the "MUNROEs"] are adult residents and citizens of the Middle District of Florida, and have worked closely together in their similar activities material to this lawsuit.
94. The Munroes have participated with Raney and others for a number of years in various negligent, reckless, and tortious activities of harassment and intimidation damaging AWCC.
95. These have included the copying of license plates, other invasions of security and privacy, and violations of the court-ordered buffer zone.
96. The Munroes have been principal "scribes" involved in compiling the massive "blackmail database" maintained by Raney of personal information and details on women who have come to AWCC, and they have caused substantial damage and injury to numerous counterclaim plaintiffs thereby.
97. Counterclaim defendant CECELIA STANBACK [hereafter "Stanback"] is an adult resident and citizen of the Middle District of Florida.
98. Stanback has participated with Raney and others for a nmber of years in various negligent, reckless, and tortious activities of harassment and intimidation damaging AWCC.
99. In particular Stanback has surveilled and shadowed patients and loudly shouted "fighting words" to people entering and leaving AWCC, including threats to staff that they were risking "death" by working at AWCC.
100. Counterclaim defendant PAT PINKSTON [hereafter "Pinkston"] is an adult resident and citizen of the Middle Districtof Florida.
101. Pinkston has participated with Raney and others for a number of years in various negligent, reckless, and tortious activities of harassment and intimidation damaging AWCC.
102. Pinkston in particular has surveilled patients and shone lights in the eyes of persons driving away from AWCC as darkness fell.
103. Counterclaim defendant NANCY LALLY [hereafter "Lally"] is an adult resident and citizen of the Middle District of Florida.
104. Lally has participated with Raney and others for a number of years in various negligent, reckless, and tortious activities of harassment and intimidation damaging AWCC.
105. Counterclaim defendant LUTHER LAITE [hereafter "Laite"] is an adult resident and citizen of the Middle District of Florida.
106. Laite has participated with Raney and others for a number of years in various negligent, reckless, and tortious activities of harassment and intimidation damaging AWCC.
107. Laite also holds himself out as a fundamentalist minister, operating out of a storefront in an industrial park in Palm Bay.
108. Counterclaim defendant ANNE BLACKBURN [hereafter "Blackburn"] is an adult resident and citizen of the Middle District of Florida.
109. Blackburn has participated with Raney and others in various negligent, reckless, threatening, and tortious activities of harassment and intimidation damaging AWCC.
110. Blackburn's most recent role has been to violate the court-ordered buffer zone, obstruct the entrance to the AWCC parking lot long enough to slow vehicles entering and leaving, and to scream "fighting and insulting words" at drivers and passengers.
111. Blackburn also has a trained loud voice audible at great distances and inside the clinic. She shouts harassment and intimidation at others, threatening that they will "burn in hell," and calling them "murderers" and "baby killers." She, like Mr Raney, refers to this as "counseling."
112. Blackburn regularly ignores and violates the "36 foot buffer zone."
113. Also, she maintains vigilance over a gigantic bloody fetus poster, a reference item she, Raney, and others use for "counseling," but which has the effect of threatening, harassing, and intimidating individuals.
114. Counterclaim defendants JANE DOEs and JOHN DOEs I-XX are similarly situated as yet unidentified natural persons, who will be named after further discovery.
115. Counterclaim defendant COMPUSERVE, INCORPORATED [hereafter "COMPUSERVE"] , is or has been a non-Florida corporation doing business in Florida.
116. COMPUSERVE has negligently, recklessly, and tortiously facilitated the foregoing security and privacy invading activities of Mr Raney, and others not yet fully known.
117. COMPUSERVE has thereby caused much reasonably foreseeable damage and suffering to AWCC, the counterclaim plaintiffs, and the entire class seeking relief.
118. In particular COMPUSERVE has provided, for a fee, the link between license plates and personal information on vehicle owners, and all that follows.
119. COMPUSERVE's practice was to buy data from the State DMV, then sell names, addresses, and other personal information to Raney and any other person whatsoever, including prisoners, mental institution inmates, stalkers, and estranged spouses, all negligently and recklessly without limitation or consideration of foreseeable risks to the unsuspecting class of victims.
120. On information and belief, COMPUSERVE obtained from Florida DMV and passed on the personal information and address of one Florida Dr. John Britton who was gunned down shortly thereafter.
121. Counterclaim defendant AMERICA ONLINE, INC [hereafter "AOL"] is a non-Florida corporation doing business in Florida.
122. At all times material hereto, AOL has been the parent corporation and owner of COMPUSERVE responsible for the liabilities set forth in this lawsuit, and jointly and severally liable with COMPUSERVE and others, during the time in which COMPUSERVE provided its personal information service to Raney.
123. AOL and COMPUSERVE are believed to have discontinued the foregoing information gathering and dissemination because of belated security and privacy concerns.
124. Counterclaim defendant TML INFORMATION SERVICES, INC [hereafter "TML"] is a corporation doing business in Florida.
125. TML has also negligently, recklessly, and tortiously facilitated the security and privacy-invading activities of Mr Raney and others not yet fully known.
126. TML has thereby caused much damage and suffering to AWCC and the counterclaim plaintiffs.
127. DOE CORPORATIONS I-XX are similarly situated as other natural and corporate defendants, have not yet been identified by name, but will be named and added after further discovery.
II. FACTS
128. AWCC re-alleges the foregoing ¶¶ 1-127 and further states:
129. As historical fact and background, in 1972 the state of Florida through its legislature sanctioned medically supervised pregnancy terminations in clinics and hospitals.
130. That was twenty-six years ago, prior to and independent of Roe v Wade, 410 US 113 (1973), and Doe v Bolton, 410 US 179 (1973).
131. The Florida abortion law was further relieved of some of its restrictions in cases leading up to and including Poe v Gerstein, 517 F2d 787 (5th Cir 1975), aff'd mem, 428 US 901 (1976).
132. Independent of Roe/Doe, the Florida Constitution and Supreme Court have also developed an impressive body of jurisprudence on a state constitutional right of privacy, including medically safe abortions for adult women and minors, as in In re T.W., 551 So2d 1186 (Fla 1989).
133. Safe and legal medically supervised abortion has been the policy of the State of Florida for a quarter of a century, as opposed to dangerous back-alley, nonmedical abortions, which are the alternative when clinics and doctors are harassed, intimidated, and threatened out of business by extreme fundamentalists and zealots.
134. Florida law, the Florida Constitution, and state statutes/regulations were fortified under both the Due Process and Equal Protection clauses of the U.S. Constitution in Roe and Doe, as reaffirmed repeatedly after exhaustive and exhausting debate through Planned Parenthood v Casey, 505 US 833 (1992). During these years the Supreme Court has been deluged with fetus pictures and videos, and has accorded them due deliberation.
135. In Florida, and Melbourne is a part of Central Florida, an outpatient medical facility providing abortions is a lawful entity as much as or moreso than any other clinic, hospital, or physician's office.
136. As a lawful and policy-favored entity AWCC is entitled fully to the protection of federal and state laws, including law enforcement and judicial injunctive relief from trespass, vandalism, harassment, threats, obstruction, intimidation, stalking, and invasions of personal security, safety, liberty, and privacy.
137. When state laws and courts fail, as has been the case here, the federa1 authorities may and should step in, as is authorized by the jurisdictional statutes cited at the outset of this document.
138. The state courts, and Melbourne police, have ceased to enforce and protect AWCC with the buffer zone, and the Raney group has accordingly stepped up the proximity and intensity of its tortious activities, leaving AWCC with only FACE and FDPPA remedies.
139. Medical facilities, also, are generally understood by reasonable people to be "quiet zones," not the same as public forums or political caucuses of boisterous harassment and verbal abuse.
140. A person nearing or entering a medical facility entrance is a "captive audience" for those few moments. S/he has reasonable expectations of privacy and peace, and should not have to run an obstacle course through unpredictable, unwanted fundamentalist extremists yelling loudly, photographing, videotaping without consent, then taunting, following, telephoning, visiting in the night, lurking, contacting, or stalking afterwards.
141. AWCC was a peaceful, relatively unharried haven of physicians and staff helping grateful patients, until one October morning in 1989 when an unwanted stranger arrived to haunt the area, sporting a video camera, binoculars, and an apparent dislike for independent women.
142. The AWCC neighborhood off Highway U.S. 1 in fact was quiet and very residential until Meredith Trotter Raney, Jr, showed up with his repertoire of harassment, intimidation, and dirty tricks.
143. Raney videos from those early days show his continuing pattern of videotaping license plates and capturing video images of people he did not know, and who did not know or want to know him, outside a medical facility where he had no legitimate business whatsoever. His siege was just beginning.
144. Raney at that time had been recruited and trained somewhere and by someone(s) he has declined to disclose in discovery.
145. Raney was already a few years into a serious mental illness then, clinically known as bi-polar, manic depression. This is a common mental illness among the worst of extremist fundamentalists, including some anti-abortion leaders, to which status Raney was to aspire.
146. Raney had actually been trained in the real world as an electrical engineer (BS 1968). He had and still has utterly no medical or professional health care background, certification, knowledge, or eligibility, not even to be the lowliest health care provider imaginable.
147. As a consequence of his mental illness, and the need to control aggressive, obsessive, poor judgment, and delusional symptoms, Raney's daily dosage of Lithium Carbonate at that time was and still is a staggering 1500 milligrams!
148. The symptoms, behavior patterns, and acting out of this kind of bi-polar illness are antithetical to what is desired in a medical school applicant. More commonly, the bi-polar condition is found in persons apprehended and confined for stalking, or worse.
149. There is a substantial body of professional and medical literature on obsessive compulsive disorder, bipolar disorder, manic depression, and the mental illness aspects of stalking, as well as various delusional disorders, for which there is much evidence in this case.
150. The origin of Raney's harassing behavior and his obsessive-compulsive fixation upon fetuses (which he always calls "babies," "children," or some other post-delivery name), is not yet fully known due to lack of forthcoming cooperation in discovery.
151. The consequences, however, of Raney's harassment and that of his confederates, has been massive and irreparable damage and suffering for many hundreds of women violated by unwanted surveillance and intimidation continuously throughout 1989-1998.
152. Raney and his group have been insidious thieves of privacy and autonomy.
153. It is known from discovery that in the mid 1980s Raney was unable to have the children he personally wanted, suffered through a painful and difficult divorce, lost his wife to another man, lost substantial assets, and became obsessive-compulsive, delusional and bi-polar.
154. Raney was persuaded to accept early retirement from engineering because of his mental illness, and his inner hostility grew, as he had lost both wife and job.
155. None of the above was remotely the fault of AWCC and the counterclaim plaintiffs who became Raney's subsequent victims.
156. Much of the above fits the psychological profiles of potentially dangerous stalkers and other offenders, as described in the professional literature coming from the profiling specalists of the F.B.I.
157. The painful circumstances leading up to the Raney divorce coincided with Raney's manifestation of mental illness and his less than enthusiastic attempts at having treatment.
158. At that time Raney also became a free lance fundamentalist extremist, pretending to find answers to everything in his and others' interpretations of the Judaeo-Christian Bible, as opposed to some other guide for living.
159. Raney also began irrationally acting out a necessity for imposing upon others his own personal version of Biblical wisdom. By this reasoning, for example, Raney most recently was a principal organizer for the July 1998 protests of "Operation Rescue National" at Disney and Barnes & Nobles, accusing them respectively of promoting "sodomy," and "pornography."
160. Whatever the dark reason, Raney laid siege to AWCC around October 1989. Untoward events and damage have continuously followed one upon the other since that time, not just a few, but literally the hundreds one would expect from a small, secretive cell of obsessively motivated extremists with nothing else to do.
161. Each named defendant, and others, singularly, and/or in participation with Raney, have negligently, recklessly, and tortiously caused damage and suffering - physical, mental, emotional, and financial - to AWCC and other counterclaim plaintiffs, continuously since 1989.
162. The variety of harassing and intimidating activities has been enormous and multiplicitous, an encyclopedia of harassment techniques.
163. Books and training by convicted extortionists Joseph Scheidler and Randall Terry have included "CLOSED: 99 WAYS TO STOP ABORTION," first published in 1986.
164. Terry and his successors supported harassment training at "I.M.P.A.C.T. boot camp" held in Melbourne, FL, for extremist fundamentalists to learn multiple harassing techniques, and to try them out on central Florida clinics.
165. The history of "IMPACT" is the background for passage of FACE.
166. Raney attended said boot camp and has been a follower of Randall Terry. Terry is a charismatic ex-used-car (and used-tire) salesperson, and high school dropout, who is said to speak in tongues, a mark of divine inspiration in fundamentalist circles.
167. Terry founded so-called "OPERATION RESCUE," a lucrative DBA for him in Upstate New York. Raney's "Christians for Life" is the successor to Operation Rescue Brevard.
168. A WestLaw search on Joseph Scheidler, Randall Terry, Flip Benham, and Operation Rescue reveals a textbook of federal case law on RICO, FACE, injunctions, contempt convictions, unpaid fines, asset concealment, and unsatisfied judgments involving Raney's mentors and associates.
169. An example of classic harassment and intimidation directed toward AWCC has been insidious telephone and communications interference and diversion activity.
170. Phone jams occur often at AWCC, meaning multiple and repeated harassing calls from pay phones and other sources difficult to trace, as many as 10,000 in the ultimate peak month. This originates with a local extremist request to other extremists nationwide that they deluge AWCC numbers with untraceable pay phone calls, and leave the handsets swinging.
171. An order authorizing a phone trap by the telephone company is necessary to identify the perpetrators of this harassment. The AWCC 800-WATS number had to be canceled because of jamming. Harassers routinely make phony appointments in order to know surgery days.
172. Diversion of telephone and FAX lines is another harassment problem of which there is evidence. This would be done to intercept or reroute appointment calls. FAX diversion would delay transmissions long enough for harassers to copy letters, medical, and legal documents being sent back and forth. This is very difficult to document or trace without sophisticated electronics and communications training.
173. Raney's thinly veiled orchestration of doctor threats, following, stalking, and pressure on them to quit seeing women patients, has been and remains a continuous form of harassment at AWCC.
174. The doctor harassment has included surveillance, running license plates through COMPUSERVE or TML SERVICES, unwanted contact, chasing on the highway (a tactic dating back to the Klan), and the production by Raney of "UNWANTED POSTERS" which provide any unbalanced shooter with target information.
175. A further example of insidious harassment and intimidation would be the cases in early 1998 of the damage inflicted upon counterclaim plaintiff POEs (a pseudonym).
176. Raney or a confederate first binoculared the Poe's license plates.
177. COMPUSERVE or TML SERVICES then provided personal address and name information on the vehicle owners and licensees. These were of the patient's father and then of the grandparents' vehicles.
178. Raney personally followed Tiffany Poe to a local hospital where she was to be admitted for observation. Raney confederates breached hospital security, Raney with a video camera.
179. Two spooky women found Tiffany's room, entered without invitation (i.e., trespass), and began chanting around her hospital bed without anyone's consent, an outrageous invasion of security, safety, and privacy.
180. Subsequently there were unwanted letters and telephone calls from Raney or confederates to the POEs. COMPUSERVE or TML gave Raney enough information that he could knock on the door in the middle of the night, like a Night Stalker.
181. On at least one occasion, Raney confederate and counterclaim defendant WILLIAM LESTOURGEON followed Tiffany Poe and another young woman in his car, surveilling them in a Melbourne department store parking lot, and following them further.
182. This surveillance by LeStourgeon caused reasonable fear for their safety and security, as he is unpredictable, unemployed, and ever-lurking about the "Spy House."
183. In any case where an AWCC patient is admitted to an ER for observation, Raney makes an unsubstantiated claim or complaint to state medical authorities.
184. Raney also attempts to solicit a malpractice case in such instances for certain personal injury lawyers. This causes much wasted time and damage to AWCC. That is the foreseeable objective of the harassment since Raney is not competent to evaluate the medical circumstances nor privy to confidential private records, unless he steals them. Raney is driven, however, to scream "butcher," and to wallpaper state agency walls with unfounded complaints.
185. Garbage theft of papers from AWCC, staff, owners, children, and others has often and regularly occurred. This was the probable predicate for rerouting of mail and cancellation of credit accounts, as well as other malicious mischief.
186. Phony poster signs that are in violation of city codes, and contain defamatory, false & misleading allegations, are a routine form of continuous harassment on the lawn of the "Spy House." The city poorly enforces sign code violations if at all. The city comes out; the signs go down; the city departs; the signs go back up. Since the LeStourgeons have sign-making experience, this form of harassment is ubiquitous and a daily phenomenon.
187. Defendants have, of course, attempted to disguise their harassment and intimidation in manipulative language of counseling, religion, and love. As to the latter, particularly, history shows that "love" was the stated reason for the Scarlet Letter punishment, for hanging witches, burning heretics, and more recently for the mass murders by the Charles Manson group. The murderers of American doctors who perform abortions have similarly based their acts on :the same rhetoric espoused by Meredith Raney himself, and his co-defendant confederates.
III. CLASS ACTION ALLEGATIONS
188. The class of counterclaim plaintiffs damaged by one or more counterclaim defendants is so numerous that joinder of all members individually would not be pragmatic, but rather unduly cumbersome and intrusive upon security, safety, and privacy.
189. As many as a few thousand license :plates may have been copied, and personal information accessed without consent.
190. Numerous questions of law and fact are common to these counterclaims, and predominant over individual questions, and likely to be opposed by common defenses of the class of individual and corporate defendants.
191. The claims of the counterclaim plaintiffs are typical of the class, and will be fairly presented by the named and pseudonym-named class members, who will fully and adequately protect the interests of the class.
192. The prosecution of separate actions in different courts by individual members of the class would be impossibly burdensome and would create a risk of varying determinations on multiple interrelated issues that would establish incompatible rules of conduct for the classes of counterclaim defendants, who have acted on grounds generally applicable to the class in any event.
193. A class action is superior to any other methods for the fair and efficient adjudication of the overall controversy and its many parts.
IV. IRREPARABLE INJURIES & DAMAGES
194. The federal statutory and constitutional violations involved in these counterclaims render their related injuries to patients, physicians, and staff irreparable per se. The statutes include FACE, 18 USC §248, FDPPA, 18 USC §2721, and the Civil Rights Acts, 42 USC §§1983-1986.
195. Undue burdens on access to reproductive health care are irreparable injury per se to the counterclaim plaintiffs, who are specifically and seriously harmed.
196. Invasions of personal safety, security, and privacy, such as involved here, have dangerous and irreparable consequences that can only he prevented and
avoided by enforced injunctive relief.
197. Numerous forms of damage have been suffered by the counterclaim plaintiffs as a proximate consequence of the negligent, reckless, wanton, intended, and tortious misconduct of the counterclaim defendants, and each one of them.
198. These include but are not limited to intrusions on physical security & safety, intrusions upon personal liberty & privacy, physical and mental suffering, emotional distress, and many forms of financial loss.
V. BURDEN ON STATUTORY & CONSTITUTIONAL RIGHTS
199. The negligent, reckless, wanton, intended, and tortious acts and omissions of counterclaim defendants have unreasonably burdened access to and delivery of reproductive health care services to and by the counterclaim plaintiffs.
200. The multi-faceted siege of AWCC by counterclaim defendants since 1989 continuously to date has negligently, recklessly, and tortiously interfered with peaceful, lawful reproductive health care services, and has threatened, intimidated, and obstructed the delivery of such services at AWCC, as well as the safety, security, and privacy of the counterclaim plaintiffs.
201. The obtaining, release, videotaping, and dissemination of personal information on persons entering and leaving AWCC from 1989 to date has negligently, recklessly, wantonly, and tortiously resulted in a "blackmail database" of vehicle and licensee personal details, augmented and expanded by Raney's further obsessive research.
202. This burdens and damages the counterclaim plaintiffs severely as an ongoing serial threat to personal security, bodily safety and privacy.
VI. PUBLIC INTEREST AND POLICY
203. The constitutional & statutory law of Florida favors the unimpeded access of citizens to reproductive health care services. "[T]he State has a strong interest in protecting a woman's freedom to seek lawful medical or counseling services in connection with her pregnancy." Renquist, C.J., in Madsen v WHC, 512 US 753 (1994) (p 12 of opinion) .
204. The federal constitutional & statutory law of the United States favors the unimpeded access of citizens to reproductive health care services, except for individuals dependent upon Medicaid. Id; Roe v Wade, 410 US 113 (1973); Doe v Bolton, 410 US 179 (1973) .
205. Federal and state law disfavor and often criminalize the harassment, obstruction, and unreasonable intimidation of persons entering and leaving health care facilities. "[T]argeted picketing of a hospital or clinic threatens not only the psychological, but the physical well-being of the patient held 'captive' by medical circumstance." Rehnquist, C.J., in Madsen v WHC, 512 US 753 (1994) (p 12 of opinion).
206. Federal and state law further disfavor unreasonable and intimidating invasions of both public and personal safety, security, and privacy.
VII. CLAIMS FOR RELIEF
207. Counterclaim plaintiffs re-allege and incorporate by reference the foregoing allegations and state the following as their counts and claims for relief:
COUNT I: Multiple FACE Violations by Certain Defendants
208. The negligent, reckless, wanton, intended, and tortious acts and omissions of the counterclaim defendants, have attempted to injure, intimidate, and interfere with the class of counterclaim plaintiffs, because the latter were seeking to, or obtaining, or providing, reproductive health services at the AWCC facility. Said acts of counterclaim defendants are multiple violations of FACE.
209. The negligent, reckless, wanton, intended, and tortious acts and omissions of the counterclaim defendants have damaged and attempted to damage the property of the counterclaim plaintiffs, because the latter were seeking to, or obtaining, or providing, reproductive health services at the AWCC facility. Said acts of counterclaim defendants are multiple violations of FACE.
210. The counterclaim plaintiffs have been seriously damaged, injured, and aggrieved by the acts and omissions of the counterclaim defendants. Said acts were directed at counterclaim plaintiffs, because they were involved in seeking to obtain or provide services in the AWCC reproductive health facility.
211. The counterclaim defendants have attempted to and in fact restricted freedom of movement in and out of AWCC, delayed and rendered impassable ingress and egress, and repeatedly placed counterclaim plaintiffs in reasonable apprehension of bodily harm to themselves and others.
COUNT II: Multiple FDPPA Violations by Certain Defendants
212. The negligent, reckless, wanton, intended, and tortious acts and omissions of the counterclaim defendants have unreasonably and recklessly disclosed, and led to further disclosures, of personal information about counterclaim plaintiffs derived from motor vehicle and/or drivers license records.
213. Said disclosures have not been necessary for, nor related to, motor vehicle or public safety, nor have they been based on knowing and informed written consent.
214. Nor have such disclosures and dissemination been allowable under any excepting provision of FDPPA section 2721(b) (1)-(14), 18 US Code, nor made for any other lawful purpose.
215. The disclosures and disseminations complained of occurred in part because of careless state agency practices in making unconsented open sales of private informational details on vehicle driver lists.
2116. Individuals are required to register their vehicles and become licensed to drive, but no individuals consent thereby to have their names, addresses, and other personal information splashed in effect across a public billboard that can be viewed and copied by any voyeur, stalker, rapist, burglar, potential killer, shooter, prison inmate, or deranged wacko.
217. On good information and belief, certain counterclaim defendants made false material misrepresentations and/or omissions to obtain said personal information from State DMV records and elsewhere, in violation of FDPPA and other laws.
218. The counterclaim plaintiffs have been irreparably injured and damaged by the foregoing acts and omissions. None of these individuals had an adequate opportunity, means, or notice to prevent release and unlawful use of this information against them, nor to stop the compilation of a "blackmail database" by Raney and his confederates to be used against them.
219. The public interest favors protection of private personal information from potential stalkers and abusers, over the practice by State DMVs and computer database entities of profiting from the unrestrained sale of such information.
COUNT III: Civil Conspiracy & Concert of Action
220. The negligent, reckless, wanton, intended, and tortious acts and omissions of the counterclaim defendants have been pursuant to and in furtherance of a tortious civil conspiracy and concert of action in which each participant has played one or more varying and contributing roles.
221. Said civil conspiracy has caused substantial personal, physical, emotional, and property damage to the counterclaim plaintiffs.
COUNT IV: Multiple Invasions of Federal & State Privacy Rights
222. The negligent, reckless, wanton, intended, and tortious acts and omissions of counterclaim defendants have caused multiple irreparable and severely damaging invasions of the federal and state security, safety, liberty, and privacy rights of the counterclaim plaintiffs.
COUNT V: Infliction of Emotional Distress
223. The negligent, reckless, wanton, intended, and tortious acts and omissions of counterclaim defendants have caused substantial and severe emotional distress with physical manifestations to the individual counterclaim plaintiffs.
COUNT VI: Interference With Business & Professional Relationships
224. The negligent, reckless, wanton, intended, and tortious acts and omissions of counterclaim defendants have unreasonably interfered with numerous business and professional relationships among AWCC, physicians, staff, patients, and others.
225. Said interferences have caused serious and substantial injury and damage to the persons and property of the counterclaim plaintiffs.
COUNT VII: Interference With Business & Professional Reputation & Good Will
226. The negligent, reckless, wanton, intended, and tortious acts and omissions of counterclaim defendants have unreasonably interfered in numerous ways with and caused immeasurable damage to the business and professional reputation and good will of the counterclaim plaintiffs.
227. Said interference has caused serious and substantial damage and injury to the persons and property of the counterclaim plaintiffs.
COUNT VIII: Exemplary Damages
228. Certain reckless misconduct and omissions of counterclaim defendants have been sufficiently reckless, wanton, outrageous, inhumane, insensitive, hurtful, inconsiderate, egomaniacal, and malicious to warrant substantial exemplary damage awards against each such individual and entity.
229. Said exemplary damage awards should be made sufficient to deter forever each counterclaim defendant, and punish and prevent said individual or entity from continuing the misconduct at issue, directly or indirectly, in any form, long into the future.
230. Counterclaim defendants who have worked only at harassment for these many:years should be ordered to work using their real world skills to satisfy the foregoing requested judgments.
IX. TRIAL BY JURY REQUESTED
231. Counterclaim plaintiffs request trial by jury on each issue of fact and damages as would be required under the common law and the usual practice of this Court.
X. RELIEF AND JUDGMENTS :REQUESTED
232. WHEREFORE, AWCC and each counterclaim plaintiff respectfully urge this Court to grant and order the following, as well as other necessary and appropriate relief:
FACE and FDPPA INJUNCTIONS
(1) Preliminary and permanent injunctions barring each and every counterclaim defendant from copying, writing down, logging, recording, inputting, transcribing, memorizing, and/or memorializing in any form whatsoever any vehicle identifying license plate number, telephone number, FAX number, E-mail address, and/or any other potentially identifying characteristic in, on, or of a vehicle and/or any of its occupants, within 1500 feet of any property line of AWCC.
(2) Preliminary and permanent injunctions barring each and every counterclaim defendant from possessing and/or allowing in his or her proximity any camera of any kind or size, video or audio recording device or instrument of any kind or size, binoculars, telescope, visual :magnifying device, microphone that is capable of recording audio transmissions and/or conversations, computer large or small, word processor, typewriter, gun, rifle, knife, machete, noxious chemical, bacteria, virus, and/or other dangerous weapon or substance within 1500 feet of any property line of AWCC.
(3) Accessing, or attempting to access in any way, distributing or attempting to distribute or disseminate in any way, directly or indirectly, personal information about any person associated with AWCC, its staff, patients, physicians, owners, service people, employees, independent contractors, and/or vendors, from any record of any kind, public or private, maintained, or provided to another person or entity, by any agency of the State of Florida, or of the United States, or any information gathering source whatsoever, including accessing by any counterclaim defendant of personal information from CompuServe, AOL, TML, and/or any other Network, Internet, or World Wide Web information or database service.
(4) Preliminary and permanent injunctions prohibiting any and all counterclaim defendants from destroying, defacing, concealing, and/or disseminating in anyway, any information whatsoever in their actual or constructive possession, pertaining to any past or present AWCC patient, patient companion, visitor, physician, staff person, owner, service person, vendor, independent contractor, and/or employee, said injunction requiring each person served therewith to surrender, provide, and turn over all originals and copies in any form of any such information to an individual designated by the Court, with full hard copies of all such information being also provided to counsel for AWCC.
UNWANTED CONTACT INJUNCTIONS
(5) Preliminary and permanent injunctions prohibiting Meredith Raney, and any and all counterclaim defendants, from sending or dispatching, directly or indirectly, any unsolicited mail, FAX, E-mail, written or printed matter, package, and/or other material, device, or substance to AWCC, any physician, staff, patient, suspected patient, patient companion, and/or associate of same, and/or any member of the class of counterclaim plaintiffs, without prior approval of the Court.
FALSE COMPLAINT HARASSMENT
(6) Preliminary and permanent injunctions prohibiting Raney, and any and all counterclaim defendants, from making any complaints without substantiating professional reports, to any agency, subdivision, municipality, or other entity of the State of Florida or the United States, concerning AWCC, physicians, staff, patients, patient companions, owners, employees, independent contractors, and/or visitors, without leave of the Court.
HARASSMENT AND INTIMIDATION
(7) Preliminary and permanent injunctions prohibiting Raney, and any and all counterclaim defendants, from telephoning, E-mailing, FAXlng, harassing, intimidating, touching, assaulting, following, stalking, surveilling, contacting or attempting to contact, or attempting to do so, the AWCC facility, any AWCC patient, past-present-or future- patient companion, physician, staff member, employee, vendor, or independent contractor, from or at any place whatsoever, or at the AWCC vicinity, and/or at any place of residence or business or other activity of any such person, except as otherwise provided hereafter.
(8) Preliminary and permanent injunctions prohibiting Raney, and any and all counterclaim defendants, their class(es), those acting in concert or participating with them, and any persons having actual or constructive notice of the injunction, from (a) entering the premises or property of AWCC, (b) blocking, impeding, obstructing, or delaying access, ingress, or egress, to or from AWCC premises, and/or buffer zone areas where entry is sought by authorized person(s), (c) gathering, congregating, picketing, purporting to counsel, demonstrating, patrolling, walking about, and/or entering that portion of public right-of-way or private property within 36 feet of the AWCC property line. This prohibition bars the counterclaim defendants and all notified persons from crossing the Dixie Way street onto the AWCC property, driveways, and adjacent sidewalks uninvited by authorized persons at any time. It does not apply to owners or invitees of private property adjacent to AWCC using said property for purposes unrelated to surveilling AWCC, nor to inhibit legitimate mailbox access for residents of 1575 Dixie Way. It does prohibit counterclaim defendants from spying, surveilling, video taping, tree & ladder & truck climbing from private property on the North side of AWCC based upon the more comprehensive evidence of this abuse available now.
"FIGHTING WORDS"
(9) Preliminary and permanent injunctions prohibiting Raney, and any and all counterclaim defendants, from yelling, shouting, screaming, the use of "fighting words" such as "butcher," "baby killer," "murderer," "killer," "abortionist," "killing place," "abortuary," "abortion mill," "death," "killing," and similar expressions, and/or any form of noise-making, individually or artificially, above a reasonable conversational level, within 1500 feet of the AWCC property line, and further from displaying any signs, images, or symbols bearing any of said expressions.
HIGHWAY TRAFFIC HAZARD
(10) Preliminary and permanent injunctions prohibiting Raney, and any and all counterclaim defendants, from being in the area within 150 feet of the traffic on U.S. Highway 1, and 1500 feet of the AWCC property line, except when traveling through the area to some other destination, or as otherwise authorized herein.
DEFAMATORY MAILBOX HAZARD
(11) Preliminary and permanent injunctions directing defendant John "Jay" Rogers to remove from the 1575 Dixie Way mailbox the defamatory expression "KILLING PLACE," and to replace same with nothing more than the street or thoroughfare number "1575" in black print or lettering, without more, in light of prior abuses.
TIME, PLACE, MASS, AND SIGN LIMITS
(12) Preliminary and permanent injunctions prohibiting any more than five (5) persons from assembling in any yard of the Spy House, 1575 Dixie Way, and/or any other property adjacent thereto, and/or under the control of a counterclaim defendant, except for legitimate social or business gatherings unrelated to AWCC and its activities, and limiting said five or fewer person gatherings to a maximum of two each week, with duration of each a maximum of one hour. Said five or fewer persons are limited to a maximum of two images or signs at any time, measuring no more than 2 x 3 feet, said signs to have no depiction of blood, gore, fetuses, embryos, or parts thereof, or any other visuals reasonably perceived as likely to shock or mislead viewers, and each sign is limited to black & white English or Spanish text, with readable and accurate translation. Each and every sign must bear a disclaimer on any side with any text and in the same Font size, type size & density, and color of print or lettering, which states:
"MEDICAL ABORTION IS AUTHORIZED BY FLORIDA LAW AND THE UNITED STATES CONSTITUTION AND HAS BEEN SANCTIONED AS SAFE BY THE AMERICAN MEDICAL ASSOCIATION"
MOVING VEHICLE & PERSON ZONE
(13) Preliminary and permanent injunctions establishing a five foot protective zone of separation for each and every individual, and vehicle, entering or leaving the AWCC area, and prohibiting intrusion upon that zone by Raney, and/or any counterclaim defendant, and/or class member, as is reasonable and necessary in light of prior abuses, harassment, and accident potential. See U.S. v Scott, 975 F Supp 428, 431, 432 (D Conn 1997).
PREVENTION OF CHILD ABUSE RISKS
(14) Preliminary and permanent injunctions prohibiting counterclaim defendants from bringing, directly or indirectly, any individuals with them to the AWCC vicinity who are under the age of sixteen years, that is, within 1500 feet of any AWCC property line.
MISREPRESENTATION LIMITATIONS
(15) Preliminary and permanent injunctions prohibiting Raney, and any and all counterclaim defendants, from holding himself or themselves out as an "investigator," in the absence of any qualifying certification or licensure by the State of Florida, which must be clearly displayed.
(16) Preliminary and permanent injunctions prohibiting Raney, and any and all counterclaim defendants, from purporting to dispense medical advice, and/or from holding themselves out as qualified to give medical advice, in the absence of any qualifying certification or licensure by the State of Florida, which must be shown and displayed by the person dispensing said advice.
GARBAGE INVASIONS
(17) Preliminary and permanent injunctions prohibiting Raney, and any and all counterclaim defendants, from approaching within 36 feet of the garbage, trash, refuse, or the like, of AWCC, any counterclaim plaintiff, physician, patient, patient companion, staff person, employee, independent contractor, and/or vendor.
NECESSITY FOR PHONE TRAP
(18) An order authorizing and requiring any telephone service company to provide and install upon request one or more phone traps upon any and all phones of AWCC, physician(s), owners, staff, employees, and/or independent contractors, to detect, record, and monitor any and all incoming calls or communications from whatever origin.
(19) Such other preliminary and permanent injunctive relief as shall appear necessary and appropriate.
NOTICE AND SERVICE
(20) An order providing that each and every provision of the injunction shall bind any and all persons having actual or constructive notice thereof, and that notice shall be provided by an appropriate sign in the vicinity, and proof of notice may be made by delivery of said injunction in writing or verbally to any person appearing in the vicinity to be at risk of a violation of any kind.
DAMAGES
233. AWCC, each counterclaim plaintiff, and each class member further respectfully urge the Court to award appropriate actual, statutory, and exemplary damages as proven on each applicable count against each and every counterclaim defendant, as well as reasonable costs, interest, expert witness fees, counsel fees and all other reasonable and necessary litigation expenses.
RESPECTFULLY SUBMITTED:
Roy Lucas, Esq <signed>
DC # 153957
c/o PO Box 1433
Melbourne, FL 32902-1433
TEL: 1-407-725-2413
FAX: 1-407-725-3847
Susan England, Esq
FL # 0186018
2805 Lakeview Drive
Fern Park, FL 32730
TEL: 1-407-339-4600
FAX: 1-407-331-3006
ATTORNEYS FOR AWCC ET AL COUNTERCLAIM PLAINTIFFS.
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