Chris Walters )
Plaintiff Pro )
vs )
)
Judith McCall )
USDA, OCR )
Civil No: 4 97 CV 279 MP
Stamp Filed: 97 Aug-
1PM 1:10 9:40 AM
Memorandum of Law #2
In Support of Complaint
Now Comes Chris Walters Plaintiff Pro Se before the Honorable United States District Court in this Amicua Curia
cause to address technical questions to Acting Director Gloria McColl USDA Office of Civil Rights concerning Florida
Food Stamp Case 10084616339:
Jurisdiction: over Section 1983 claim exists pursuant to Title 28 U.S.C. Section 1343 (a)(3).Cir. 1987). Food stamp benefits
are a matter of statutory entitlement for persons qualified to receive them; thus, such entitlements are a form of property
protected by the Due Process Clause. Atkins V. Parker, 472 U.S. 115, 128, 105 S. Ct. 2520, 2528, 86 L. Ed. 2d 81
Cause of Action: While filing food stamp case a discussion with Supervisor Dawn Rhodes of Florida DCFS (850-487-2826)
Services on July 30th, 1997 at Tallahassee,Florida generated certain technical questions that neither Chris Walters nor
Dawn Rhodes appear adequately prepared to address.
3. Chris Walters has filed a claim for social security based on disability, inability to work and submits
prima facia that determination of Chris Walters fitness or lack of fitness to work is the exclusive
standing jurisdiction of Social Security Administration, Administrative Law Judges,lawyers, doctors and will
as suggest by Attorney Charles Tyler Clark be made in course of several years.
4. Supervisor Dawn Rhodes requires Chris Walters to produce doctor statement he can not work or register for work.
The last request by this department to Chris Walters to produce doctor statement required Chris Walters to walk
2400 miles to Texas to recieve surgery and treatment for Cancer and imposed a sever hardship on Chris Walters.
5. It is not pratical nor timely for Chris Walters to walk hundreds of miles to seek doctor statement which is required
by this Department in 6 hours time simply becuase Tallahassee lacks adequate health care facilities for indigent persons.
6. The unreasonable burden being imposed on Chris Walters at this time violates 3 standing USDC Orders as cited Exhibit A.
7. The Honorable Judge Garcia declared unconstitutional the pratice of requiring homeless food stamp applicants to
produce collateral statements from third parties over whom they have no control in Irma Villa Real v. Mosbacher USDC,
Texas (1989) such as Exhibit B.
8. Although Chris Walters has been under intermitten treatment for cancer since 1992 and unable to bend,
stoop, lift, or preform other functions because of tumor in groin which was surgically excised on May 30,1997 at
Tyler, Texas by Dr. Steph; Supervisor Dawn Rhodes insist Chris Walters should be denied April, 1997 food stamps
because he is fit and able to work.
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Chris Walters )
Plaintiff Pro )
vs )
)
Judith McCall )
USDA, OCR )
Civil No: 4 97 CV 279 MP
Stamp Filed: 97 Aug-
1PM 1:10 9:40 AM
Memorandum of Law #2
In Support of Complaint
9. Exhibit C is a "volunteer project" on the internet which Chris Walters has asked social security if it can be a
vocational rehabilitation project and neither Chris Walters nor Dawn Rhodes can determine if this meets USDA
requirement as a volunteer activity.
10. Exhibit D: Is a question addressed to US Senate Judiciary and Intelligence Committees which suggest that some
group or organization may have made extensive misuse of US government database tracking capabilities and engaged
in extensive harassment and threats against Chris Walters associates.
11. There is a concern that attempts to employ Chris Walters could create at this time could creat an unwarranted threat
to employees of Florida State or a potential employier and the entire issues of Chris Walters employment might best
be addressed by these two US Senate Committee.
12. Chris Walters might therefore question if the USDC here in Tallahassee, Fla might issue a temporary injunction against
Florida Department of Family and Children Services and Supervisor Dawn Rhodes to enjoin the normal job search activities.
13. Supervisor Dawn Rhodes and an amazing variety of 5 other persons primarily non profit agencies who operate under Title 26 USC 501c(3)
tax exempt status have made demands for Chris Walters to work for free as a "volunteer" a service to be provided by right of law and a number of
organizations have discontinued medical treatment based on this percieved right.
14 Wage and Hour laws clearly state that Chris Walters has a clear and unimpeachable right to be paid for any work he does subject to levy of fine and imprisonment by Wage and
Hour Administration. Additionally, the constitutional amendment prohibits establishment of bondage, peonage,and
involuntary servitude and other forms of servitude.
16. Further demand for "free labor" or volunteer work will be draw immediate challenge to Title 7 USC 2011 food stamps and Title 26 USC 501c(3) and request
for prosecution of the offending party.
17 Your letter to July 10,1997 accepting a civil rights Complaint has been
docketed in this USDC.
Respectfully Submitted By
Chris Walters
Plaintiff's Exhibits &
Admissions of Fact
1. Plaintiff Exhibit A: Inspector General Roger C. Vaidero internet homepage at USDA.
2. Plaintiff Exhibit B: Complaint filed with State Attorney General Williams Megs,April 25th, 1997 stamped recieved
8:11 AM
3. Plaintiff Exhibit C: Dr. Steph of Tyler, Texas treating Chris Walters for Cancer.
4. US Magistrate Recommendation
5. ORDER Dismissal
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United States District Court
Northern District of Florida
111 N Adams Street
Tallahassee, Fl 32301
(850-521-3700
Press On Image To Enlarge
United States District Court
Northern District of Florida
111 N Adams Street
Tallahassee, Fl 32301
(850-521-3700
|
Press On Image To Enlarge
United States District Court
Northern District of Florida
111 N Adams Street
Tallahassee, Fl 32301
(850-521-3700
|