Case 1:11-cv-20120-PAS Document 83-1 Entered on FLSD Docket 12/16/2011 Page 1 of 9                        IN THE UNITED ST...
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  1. 1. Case 1:11-cv-20120-PAS Document 83-1 Entered on FLSD Docket 12/16/2011 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA CASE NO.: 11-20120-CIV-SEITZ/SIMONTON TRAIAN BUJDUVEANU, Plaintiff, vs. DISMAS CHARITIES, INC., ANA GISPERT, DEREK THOMAS and ADAMS LESHOTA Defendants. _________________________________________/ DEFENDANTS DISMAS CHARTIES, INC., ANA GISPERT, DEREK THOMAS AND LASHANDA ADAMS’ STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT Defendants Dismas Charities, Inc., Ana Gispert, Derek Thomas and Lashanda Adams, incorrectly identified as Adams Leshota, (collectively “Defendants”) by and through their undersigned counsel, pursuant to Federal Rule of Civil Procedure 56 and Local Rule 7.5, file their Statement of Undisputed Facts in Support of their Motion for Summary Judgment against Traian Bujduveanu (“Plaintiff”) as follows: STATEMENT OF UNDISPUTED FACTS 1. Plaintiff pled guilty to charges of conspiring to illegally export military and dual use aircraft parts to Iran. Plaintiff was sentenced to 35 months for his crimes. (Affidavit of Ana Gispert.) 2. Towards the end of his sentence, Plaintiff was transferred to Dismas, a “half way house,” on July 28, 2010 until his release date of January 31, 2011. . (Affidavit of Ana Gispert.)
  2. 2. Case 1:11-cv-20120-PAS Document 83-1 Entered on FLSD Docket 12/16/2011 Page 2 of 9 CASE NO.: 11-20120-CIV-SEITZ/SIMONTON 3. Dismas is a private non-profit corporation known as a CCC Contractor. . (Affidavit of Ana Gispert.) 4. As a result of the Plaintiff’s health issues, Plaintiff was released to home confinement and was required to report back to Dismas every Wednesday. (Affidavit of Ana Gispert). 5. Plaintiff attended a resident orientation, had the program policies and procedures explained to him and was give the opportunity to ask questions and receive clarification of any policies and procedures. (True and correct copies of the relevant portions of the Resident Handbook, Rules, Regulations, Expectations, Sanctions and Contraband List provided to the Plaintiff and are attached to the Affidavit of Ana Gispert as Exhibit 1) 6. The Residential Handbook is quite clear that all participants in the Dismas program, like the Plaintiff, consent to searches of their persons and vehicles (p.16, Exhibit 1, Affidavit of Ana Gispert); are not permitted to possess or use cell phones without authorization (p.16, Exhibit 1, Affidavit of Ana Gispert) and cannot drive without the prior approval of Dismas. (p.21, Exhibit 1, Affidavit of Ana Gispert). 7. The Residential Handbook is quite clear that all participants in the Dismas program are not permitted to possess or use cell phones without authorization that unauthorized cell phones are contraband and any unauthorized cell phone is contraband, which will be confiscated and not returned. (p.16, and Contraband List Exhibit 1, Affidavit of Ana Gispert) 8. Plaintiff also received Dismas’ Rules and Regulations. (True and correct copies of the relevant portions of the Rules and Regulations are attached to the Affidavit of Ana Gispert as Exhibit 2) 2
  3. 3. Case 1:11-cv-20120-PAS Document 83-1 Entered on FLSD Docket 12/16/2011 Page 3 of 9 CASE NO.: 11-20120-CIV-SEITZ/SIMONTON 9. The Rules and Regulations of Dismas-Dania Beach are quite clear that all participants in the Dismas program, like the Plaintiff, consent to searches of their vehicles (p.3, Section 2(d), Driving Privileges, Exhibit 2, Affidavit of Ana Gispert); are not permitted to possess or use cell phones without authorization (p.3, Section 6(c), Contraband, Exhibit 2, Affidavit of Ana Gispert) and cannot drive without the prior approval of Dismas. (p.3, Section 2(a), Driving Privileges, Exhibit 2, Affidavit of Ana Gispert). 10. The Rules and Regulations of Dismas-Dania Beach are quite clear quite clear that violations of the rules and regulations could lead to sanctions, including termination from the Program. (p.6, Section 2(a), Sanctions, Exhibit 2, Affidavit of Ana Gispert). 11. Plaintiff acknowledged on May 27, 2010 and on July 28, 2010, that he received a copy of Dismas Rules, Regulations and Restrictions and would abide by the rules and regulations. True and correct copies of the Plaintiffs Acknowledgement Forms are attached to Exhibit 3, Affidavit of Ana Gispert. 12. On May 27, 2010 and on July 28, 2010, Plaintiff acknowledged that: he received a copy of the Contraband List; that if he is found with contraband it would be confiscated and disposed of by Dismas; and that if he was found with contraband, he would be subject to disciplinary action. True and correct copies of the Plaintiffs Acknowledgement Forms are attached to Exhibit 3 to the Affidavit of Ana Gispert. 13. On February 24, 2010, the Plaintiff signed a Federal Bureau of Prisons Form in which he understood that as part of his residential reentry center release that he would abide by the rules and regulations of the program. A true and correct copy of the Plaintiffs BOP Acknowledgement Form is attached to Exhibit 4 to the Affidavit of Ana Gispert. 3
  4. 4. Case 1:11-cv-20120-PAS Document 83-1 Entered on FLSD Docket 12/16/2011 Page 4 of 9 CASE NO.: 11-20120-CIV-SEITZ/SIMONTON 14. On September 10, 2010, one month before the Plaintiff drove without authorization from Dismas and was found to be in possession of an unauthorized cell phone, the Plaintiff signed a Department of Justice, Federal Bureau of Prison Conditions of Confinement Form in which the Plaintiff agreed that he would not drive a motor vehicle without CCM approval. A true and correct copy of the Plaintiffs BOP Conditions of Home Confinement Form, containing condition 12, is attached to Exhibit 5 to the Affidavit of Ana Gispert. 15. On September 10, 2010, one month before the Plaintiff drove without authorization from Dismas and was found to be in possession of an unauthorized cell phone, the Plaintiff signed a Home Confinement Special Conditions Form in which he acknowledged he would adhere to the Rules of the Bureau of Prisons Conditions of Home Confinement as well as the policies and procedures of his CCC facility, Dismas. A true and correct copy of the Plaintiff’s Home Special Conditions Form, containing is attached as Exhibit 6 to the Affidavit of Ana Gispert. 16. The use of cell phones between felons is a security risk. Certainly, the Plaintiff could not have a cell phone in prison and as he was still serving a prison sentence (in home confinement), possession of a cell phone was prohibited. Cell phones are hazardous to institutional security, as is demonstrated by the fact that they are not allowed in prison. Cell phones, for example, would permit people to talk and communicate after lights out to potentially organize disruptions of the institution. (Affidavit of Ana Gispert). 17. The authorized use of a motor vehicle by a CCC participant also provides a security risk. Certainly, the Plaintiff could not use a motor vehicle in prison and as he was still 4
  5. 5. Case 1:11-cv-20120-PAS Document 83-1 Entered on FLSD Docket 12/16/2011 Page 5 of 9 CASE NO.: 11-20120-CIV-SEITZ/SIMONTON serving a prison sentence (in home confinement), use of a motor vehicle without authorization was prohibited. (Affidavit of Ana Gispert). 18. The Plaintiff was also not permitted to attend religious services outside of a 5 mile radius of his confinement as per Federal Bureau of Prison guidelines. A copy of the guidelines for religious services is attached to the Affidavit of Ana Gispert as Exhibit 7. 19. On October 13, 2010, the Plaintiff appeared on his reporting date by driving himself to Dismas in Plaintiff’s family vehicle. (Affidavit of Ana Gispert). 20. While Plaintiff may have held a valid driver’s license, he was not authorized by Dismas to drive or operate a motor vehicle. (Affidavit of Ana Gispert). 21. The Plaintiff was not authorized to operate a motor vehicle without approval of the Director of Dismas, Ana Gispert. (Affidavit of Ana Gispert). 22. At no time did Dismas authorize the Plaintiff to drive a motor vehicle. (Affidavit of Ana Gispert). 23. Following the violation, the Plaintiff’s vehicle was searched for safety reasons and a cell phone allegedly belonging to the Plaintiff’s family was discovered. (Affidavit of Ana Gispert). 24. The Plaintiff was not authorized to possess a cell phone, regardless of who owned it. (Affidavit of Ana Gispert). 25. A phone can be hazardous to safety as it can be used to call or communicate with other persons not confined or other half way house residents, which could cause security issues. (Affidavit of Ana Gispert). 5
  6. 6. Case 1:11-cv-20120-PAS Document 83-1 Entered on FLSD Docket 12/16/2011 Page 6 of 9 CASE NO.: 11-20120-CIV-SEITZ/SIMONTON 26. A Disciplinary Report was then prepared and signed by the Plaintiff after the incident on October 13, 2010. True and correct copies of the Dismas Reports are attached as Exhibit 8 to the Affidavit of Ana Gispert. 27. The Plaintiff’s personal items were then held by Dismas. As the phone was contraband, Dismas donated the phone. (Affidavit of Ana Gispert). 28. The remainder of the Plaintiff’s personal items were held by Dismas. (Affidavit of Ana Gispert). 29. Dismas requested that the family members pick up the items. However, the Plaintiff or his designated family member refused to pick the personal items up from Dismas and Dismas, at its own cost, delivered the items to the Plaintiff. A copy of the property release memorandum is attached as Exhibit 9 to the Affidavit of Ana Gispert. 30. Since the Plaintiff violated Federal Bureau of Prison guidelines concerning his CCC confinement, the Federal Bureau of Prisons was notified on or about October 19, 2010. (Affidavit of Ana Gispert). 31. On October 19, 2010, the Federal Bureau of Prisons, not Dismas, then sent the United States Marshall’s Service to Dismas to take the Plaintiff back to FDC Miami to complete the rest of his sentence. A copy of the Federal Bureau of Prisons pick up notice to the United States Marshall Service is attached to the Affidavit of Ana Gispert as Exhibit 10. 32. Plaintiff was transferred by the Bureau of Prisons into the custody of FDC Miami, where a subsequent hearing was held by the Bureau of Prisons concerning his possession of a cell phone and driving a vehicle without authorization. He was found guilty of these offenses at the hearing and required to serve the remaining 68 day balance of his initial sentence at FDC 6
  7. 7. Case 1:11-cv-20120-PAS Document 83-1 Entered on FLSD Docket 12/16/2011 Page 7 of 9 CASE NO.: 11-20120-CIV-SEITZ/SIMONTON Miami. A copy of the Plaintiff’s United States Bureau of Prison Center Discipline Committee Report is attached to this affidavit as Exhibit 11, Affidavit of Ana Gispert. 33. The Plaintiff, at all times, was under the control of the Federal Bureau of Prisons until his sentence was completed. (Affidavit of Ana Gispert). 34. CCC is a privilege not a right. The Plaintiff, as well as other felons, is still under the control, rules and regulations of the Federal Bureau of Prisons. While not locked behind a cell door while and out of a federal correctional institution, the Plaintiff is still serving the terms of his sentence even when at a CCC. The Plaintiff, despite his beliefs, was not a “free man” able to do whatever he wanted. (Affidavit of Ana Gispert). Respectfully submitted, EISINGER, BROWN, LEWIS, FRANKEL, & CHAIET, P.A. Attorneys for Defendants 4000 Hollywood Boulevard Suite 265-South Hollywood, FL 33021 (954) 894-8000 (954) 894-8015 Fax BY: /S/ David S. Chaiet____________ DAVID S. CHAIET, ESQUIRE FBN: 963798 7
  8. 8. Case 1:11-cv-20120-PAS Document 83-1 Entered on FLSD Docket 12/16/2011 Page 8 of 9 CASE NO.: 11-20120-CIV-SEITZ/SIMONTON CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 16th day of December, 2011, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day on all counsel of record or pro se parties identified on the attached Service List in the manner specified, either via transmission of Notices of Electronic Filing generated by CM/ECF or in some other authorized manner for those counsel or parties who are authorized to receive electronically Notices of Electronic Filing. __/s/ David S. Chaiet_______________ DAVID S. CHAIET, ESQUIRE Florida Bar No. 963798 8
  9. 9. Case 1:11-cv-20120-PAS Document 83-1 Entered on FLSD Docket 12/16/2011 Page 9 of 9 CASE NO.: 11-20120-CIV-SEITZ/SIMONTON SERVICE LIST Traian Bujduveanu v. Dismas Charities, Inc., et al. Case No..: 11-20120-CIV-SEITZ/SIMONTON United States District Court, Southern District of Florida Traian Bujduveanu Pro Se Plaintiff 5601 W. Broward Blvd. Plantation, FL 33317 Tel: (954) 316-3828 Email: orionav@msn.com 9

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