Appendix Pages 10, 11, 12 and 13
LEE COUNTY CIRCUIT COURT, CIVIL DIVISION
ROBERT F. ALLSTON
COUNTY OF LEE, FLORIDA
STATE OF FLORIDA
The plaintiff, Robert F. Allston, pro se, alleges:
This is an action requesting the Court to declare plaintiff's rights in aspects of the relationship between plaintiff and defendants 20th judicial Circuit Court criminal action no. 94-803CF, State of Florida V. Robert F.. Allston.
Plaintiff is a U.S. citizen, resident of Lee County, Florida and incarcerated in the Lee County Stockade with indigent status as defined by the Court.
Plaintiff has been incarcerated in the Stockade since 3/26/94, and has not been to trial or sentenced.
FOR A FIRST CAUSE OF ACTION:
Plaintiff has a painful hip which has never been diagnosed or examined by Stockade medical authorities. Plaintiff can stand and walk and sit but is subject to sharp pains unexpectedly typically once or twice a day and must then lie down.
Plaintiff cannot stand or sit for more than an hour without pain. The condition has grown increasingly severe over the past two months.
Over the past three weeks plaintiff has developed moderate abdominal pain which will last for several days at a time. It has never been diagnosed by Stockade medical authorities.
Plaintiff has a mild tooth ache which has never been examined by the Stockade dentist. Plaintiff has been advised by other inmates that the Stockade dentist will only pull teeth regardless of the diagnosis. Plaintiff objects to this whether or not it is policy; and filling teeth, when indicated, might be cheaper for taxpayers.
Plaintiff has been incarcerated since 3/26/94 with no ability to manage his affairs or earn any money; made much more difficult by his characterization by Lee County Government as dangerous and insane (Exhibit B).
Plaintiff has many debts, large and small, and very little cash which must last him for an indeterminate length of time.
Plaintiff has four foreclosure actions no. 94-1815, 94-1816, 94-1817 and 94-1818 and a cross claim in Lee County civil circuit Court which he is handling pro se and is defendant in criminal action 94-803CF.
All of the above actions require mailing and other expenses as a minimum. Plaintiff has other correspondence and unavoidable expenses as well as the many bills that are overdue and in default from plaintiff's six months incarceration.
Since June 6, 1994, the Stockade has charged for medical treatment according to Exhibit__________ which comes out of the same account from which plaintiff must purchase stamps, paper, envelopes, pens and on occasion candy which he uses to keep awake while writing since coffee is not available and he may not sleep well with jail noise.
Plaintiff is allowed 2 free envelopes with 4 sheets of yellow paper per week if there is no money in his account but this is very far short of requirements and requires an empty account.
For the above stated reasons plaintiff must retain his funds.
Plaintiff cannot inquire about medical services without risking having to pay for them because the issue is not addressed in Exhibit A or elsewhere to the knowledge of plaintiff.
Although emergency medical service is provided free, plaintiff cannot depend on obtaining it because the determination of whether any particular service is an emergency is in the hands of the doctor by the terms of Exhibit A and there is no objective criteria as to what constitutes an emergency.
In dental care, only emergency dental care is provided so it would be free except that a ten dollar fee is specified leaving the issue ambiguous.
WHEREFORE, plaintiff respectfully requests the court to declare plaintiff entitled to free medical and dental services and medications.
FOR A SECOND CAUSE OF ACTION:
Plaintiff realleges all paragraphs above.
Plaintiff has accumulated materials in the past six months he has been incarcerated at the Stockade. They are in three principal categories: 1, materials written by plaintiff 2, newspaper clippings and 3, personal letters, business letters and court documents.
Each of the categories above is employed by plaintiff, personally, professionally and in support of all of the litigation named herein.
On 9/23/94, a jail guard confiscated newspaper clippings taken by plaintiff from the previous day's paper.
The prison rules regarding plaintiff's right to receive or retain such materials are either vague, undefined, overbroad or denied as set forth in Exhibit A mostly Page 10 and 11. Plaintiff asserts he has the right to receive and retain all such materials. Plaintiff alleges he cannot ask for a clarification without the possibility of triggering the enforcement of such illegal rules wherein he could lose many very important documents and papers.
Therefore plaintiff is requesting the court to declare plaintiff's rights to receive and hold such materials as follows:
As for plaintiff's own notes and writing he respectfully requests the court to declare he has the right to write and retain anything he wishes.
As for newspaper clippings plaintiff respectfully requests the court to declare he has the right to clip and retain all such items.
As for personal and business correspondence and papers and documents plaintiff respectfully requests the court to declare he has the right to receive and retain them subject to (if desired) inspections by Stockade officials for specific and well defined items that government has a legitimate interest in.
In all three categories plaintiff respectfully requests the court to declare that such materials may only be copied by jail authorities if there is an alleged violation and if so plaintiff has the right to know the full nature and consequences of the violation and what materials have been copied.
In all three categories plaintiff respectfully requests that any question concerning the substance of any writing be subject to conventional law, recourse and procedure.
As to mail coming into the Stockade plaintiff respectfully requests that a "package" be defined as 3 pounds or more in weight and that any mail returned to sender be marked "overweight, 3 Lbs. Max."
Plaintiff has violated the rule for depositing money in his account at the Stockade canteen requiring such money to be deposited by friends or family whereas it was deposited by a bank.
Wherefore, plaintiff respectfully requests the court to declare that anyone can deposit money in his account.
FOR A THIRD CAUSE OF ACTION:
Plaintiff realleges all paragraphs above.
With respect to 20th judicial Circuit Court criminal action 94-803CF, State of Florida V. Robert F. Allston, plaintiff alleges it involves his criticism of government in substantial part and the employment by government of unethical practices against him.
WHEREFORE, plaintiff respectfully requests the court to declare he is entitled to any private counsel of his choice in the State of Florida for a public defender with clerical assistance of his choice and mailing costs paid by government in seeking such counsel and any required expert witnesses.
Plaintiff has not exhausted all administrative remedies however any such request would be certainly denied and time is short.
FOR A FOURTH CAUSE OF ACTION:
Plaintiff realleges all previous paragraphs.
There is only one writing pen available for purchase at the Lee County Stockade and no other pens are allowed. It skips and splotches and is significantly below the average quality of pens available at stationary stores.
Plaintiff has requested Stockade officials to furnish him a better quality pen for purchase without success.
WHEREFORE, plaintiff respectfully requests the court to declare plaintiff entitled to purchase two decent quality medium point pens; one for less than 25 cents and a better grade one for less than 2 dollars from the Lee County Stockade canteen.
Plaintiff respectfully requests injunctive relief or such other relief as the court may deem appropriate and just to:
1, allow plaintiff to obtain medical treatment without cost as set forth in his first cause of action until the issue is determined on the merits.
2, allow plaintiff to retain all of his papers, documents and newspaper clippings until the issue is determined on the merits.
3, allow plaintiff to seek and retain counsel and expert witnesses for criminal action 94-803 as set forth in the third cause of action herein.
4, continue the proceedings in 94-803 to allow plaintiff to locate counsel and expert witnesses as set forth in the third cause of action herein.
Respectfully submitted this 3rd day of October, 1994.
Robert F. Allston