David Depree Lawsuit

Captain David Dupree is a dangerous man, to the Citizens of the United States, and is directly  involved in PIRACY!

fwc

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IN THE CIRCUIT/COUNTY COURT OF THE SIXTEENTH JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA

Plaintiff |

Skip Stuart Stanley |

Case # 2017-CA-312-K
Vs. |
Defendant Captain David Dupree |

of the Florida Fish and Wildlife |

Conservation Commission |

Judge

VERIFIED COMPLAINT Amended 1

I I, Skip Stuart Stanley, plaintiff, in the above styled cause, sue defendant: Captain David Dupree individually and in his official capacity as Captain in the Florida Fish and Wildlife Conservation Commission in the office of Marathon, Monroe County, Florida

This action is filed under:

JURISDICTIONAL BASIS

II Plaintiff claims federal jurisdiction pursuant to Article III § 2 which extends the

jurisdiction to cases arising under the U.S. Constitution.

III Plaintiff brings this suit pursuant to Title 42 U.S. Code § 1983 for violations of certain

protections guaranteed to him by the Federal Constitution, by the defendant under color of law in

his capacity as a Captain in the Florida Fish and Wildlife Conservation Commission in the office of Marathon, Monroe County, Florida

Cause of Action

IV Captain David Dupree has Maliciously Violated plaintiff’s Rights.

Capt. Dupree has Maliciously prosecuted me for crimes I did not commit twice

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PARTIES

The Defendant (Captain David Dupree, individually and in his official capacity as Captain in the Florida Fish and Wildlife Conservation Commission in the office of Marathon, Monroe County, Florida) will be refereed to as Capt. Dupree, Captain, David, or Dupree, or any combination of these. The Name Dupree, could be spelled in a number of ways, Dupre, Dupree, Dapree, and Depree. The media articles show a variety of spellings, and for the sake of this court, the evidence, will reflect many spellings to the same person in reference.

V Witness 1 (Judge Peary Fowler as Judge in the 16 Judicial Circuit Court in Monroe

County, Florida) from here forward will be refereed to as “Judge Fowler”

VI The Plaintiff (Skip Stuart Stanley) from here forward will be refereed to as “me” or “my” or “I”.

VII Florida Fish and Wildlife Conservation Commission from here further will be refereed to as

“FWC”.

VIII From here further the boats listed in the “Florida Court Case 15MM1580AK” being; FL1353AK,

FL9333MH, FL9493BR, FL6944AN, and two life boats will be referred to as “the boats”.

STATEMENT OF CASE

MELICIOUS PROCECUTION

IX Capt. Dupree has Maliciously prosecuted me for crimes I did not commit, and Deformation of Plaintiff’s Character, and destroyed the evidence to hide what he did. FWC will not return my property, and continue to hide the evidence.

X In this complaint I make mention of a list of Constitutional offenses committed against me, by the Defendant. All of these offenses are relevant to the complete understanding of this complaint, but I must separate the cause of this complaint to be heard separate from the other offenses. This complaint is for Malicious Prosecution. I will bring a case against the Defendant for taking my property, and stopping my research, and The Fourteenth Amendment (1868) granted United States citizenship to former slaves and to all persons “subject to U.S. jurisdiction”. It also contained three new limits on state power: a state shall not violate a citizen’s privileges or immunities; shall not deprive any person of life, liberty, or property without due process of law; and must guarantee all persons equal protection of the laws.

I have a Florida case # 2016-CA-476-K in Judge Rodney Smith’s Court. I do not want these cases pushed together. This case is a separate cause, and the elements of this case, may be similar because they deal with the same criminal case, are different in nature, with different burden of proof, and I expect a different final verdict and settlement. So not not push all these cases together, I want the cases heard by different judges. The case of Malicious Prosecution I bring against Judge Fowler, is not the same as this case, and I do not want these cases merged.

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XII Malicious Prosecution was committed when Capt, Dupree accepted the arrest, Knowing I was taken off my boats, for not having gas. Capt. Dupree continued to do more. Next he goes to a different judge to take the boats, instead of going to judge Fowler, which would have been the right thing to do. When I was arrested the first time, I was charged with Vessel Abandonment, and Derelict Vessel while I was working on my 32 ft boat, and now out on bail $327. The 4 boats, and two life rafts were all tied together. I moved all the boats 10 miles away, and with no warning a week later, Capt, Dupree Takes all my boats, when he knew he only got permission to take the 3 boats. Then he arrested me twice for the same crime. As well as, the fact he would put me in jail for 13 days for such a crime. Any one of these elements prove the Malicious intent of Capt. Dupree’s Prosecution. One more thing, Dupree takes my sail boat, that does not need a motor by law.

XV Title 42 U.S. Code § 1983

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.

The defendant knew the case has no just merit, if the property is ever found, without concern for “Due Process Of Law” he claims the destroyed the boats. The defendant is guilty of Malicious Prosecution, and a rampant example of violations of constitutional rights today, and certainly actionable in federal court.

Violations of any of the rights described in these amendments give rise to causes of action, both against state judges under Title 42 U.S.C. § 1983.

Plaintiff requests a trial by Jury.

The Malicious Nature of Conduct of Capt. Dupree

XVII Capt. Dupree had no right to take my property, violating my Fourth Amendment Right.

The Fourth Amendment (1791) protects people against unreasonable searches and seizures of either self or property by government officials. A search can mean everything from a frisking by a police officer or to a demand for a blood test to a search of an individual’s home or car. A seizure occurs when the government takes control of an individual or something in his or her possession. Items that are seized often are used as evidence when the individual is charged with a crime. It also imposes certain limitations on police investigating a crime and prevents the use of illegally obtained evidence at trial.

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XVIII Capt. Dupree Arrested me twice for the same crime. Both arrests were worngful arrests.

The Fifth Amendment (1791) establishes the requirement that a trial for a major crime may commence only after an indictment has been handed down by a grand jury; protects individuals from double jeopardy, being tried and put in danger of being punished more than once for the same criminal act; prohibits punishment without due process of law, thus protecting individuals from being imprisoned without fair procedures; and provides that an accused person may not be compelled to reveal to the police, prosecutor, judge, or jury any information that might incriminate or be used against him or her in a court of law. Additionally, the Fifth Amendment also prohibits government from taking private property for public use without “just compensation“, the basis of eminent domain in the United States.

XIX Capt. Dupree knew he had another case pending, and deliberatly held a hearing without me being in the Court room, hearing, and deciding issues in my Case without my presents, violating my Sixth Amendment Right.

The Sixth Amendment (1791) provides several protections and rights to an individual accused of a crime. The accused has the right to a fair and speedy trial by a local and impartial jury. Likewise, a person has the right to a public trial. This right protects defendants from secret proceedings that might encourage abuse of the justice system, and serves to keep the public informed. This amendment also guarantees a right to legal counsel if accused of a crime, guarantees that the accused may require witnesses to attend the trial and testify in the presence of the accused, and guarantees the accused a right to know the charges against them. In 1966, the Supreme Court ruled that, with the Fifth Amendment, this amendment requires what has become known as the Miranda warning.

XX Capt. Dupree rearrested me for the accusations I was already in Court for. I sat in jail for 13 days, for acusations that my motor did not run. This is beyond cruel, and unusual punishment, violating my Eighth Amendment Right.

The Eighth Amendment (1791) protects people from having bail or fines set at an amount so high that it would be impossible for all but the richest defendants to pay and also protects people from being subjected to cruel and unusual punishment. Although this phrase originally was intended to outlaw certain gruesome methods of punishment, it has been broadened over the years to protect against punishments that are grossly disproportionate to or too harsh for the particular crime. This provision has also been used to challenge prison conditions such as extremely unsanitary cells, overcrowding, insufficient medical care and deliberate failure by officials to protect inmates from one another.

XXII Capt. Dupree will not give my property back that he took, violating my fourteenth Amendment Right. Capt David Dupree continues to hide my property! If the property is found the evidence would prove just how malicious David Dupree really is. Even without the evidence “Due Process of Law” was violated. David Dupree is guilty of malicious Procecution!

The Fourteenth Amendment (1868) granted United States citizenship to former slaves and to all persons “subject to U.S. jurisdiction”. It also contained three new limits on state power: a state shall not violate a citizen’s privileges or immunities; shall not deprive any person of life, liberty, or property without due process of law; and must guarantee all persons equal protection of the laws.

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XXIII Capt. Dupree has acted maliciously and corruptly.

Capt. Dupree maliciously and vengefully destroyed the boats, so I would not get my property back. More than one attorney told me, that it is standard practice with FWC and the Courts, and they do this all the time, because they believe those they do it to, cannot afford a lawsuit. Capt. Dupree and FWC are malicious under handed doers of evil, and share NO regard for the environmental problems facing our planet. Furthermore, I believe, Capt. Dupree and FWC misuse their authority: Filing false charges to deliberately hurt citizens, taking private property with the intent to steal it, not following Federal or State Laws, or proper ethical procedures.

Capt. Dupree devised a plan along with FWC to steal my property and the boats, arrested me twice, threaten my life by putting my name on the internet, and wanted to put me in jail for 4 years. Capt. Dupree did all this, because he accused me of abandoning my vessel, when they arrested me the first time on my vessel, and the second time one week after I move the boats 10 miles from where they were at in the first arrest. This is about as malicious as a person can get!

Capt. Dupree Stole ALL my property that was on the boats, valued at more than $40,000,000.00

Capt. Dupree refuses to give the property back he took, further violating my 5 and 14 Amendment Rights. These actions are so malicious, I am concerned for the well being of America and the US Constitution.

XXIV Everyday that goes by Capt. Dupree threatens my life, and I worry about if he will try to murder me. Bill Embrey being shot in the head through his mouth, and the connections that Capt. David Dupree had with all this, leads me to believe, I could be next on his list. Then knowing I tried to get an investigation into Bill’s death, and the sheriff refuse to listen or open a case. My, My what should I think? This has put an incredible strain on me, causing health issues, and extreme concerns for my life, and the safety of my friends.

Capt. Dupree caused Deformation of My Character, I lost jobs, and friends as a result of all this.

I fear for my life everyday for more than one reason;

XXV I hired a friend “Attorney Bill Embery” to represent me in this case when Judge Miller issued the warrants for my arrest. Bill Embery checked into the case speaking with Jarad my pd, and said he would help me free of charge, because he was a friend. Bill said I must turn myself in. I turned myself in, and someone put a shotgun in his mouth, and pulled the trigger, blowing his head off. I believe his death is connected to this case. Something cause this to happen, and I think further investigation should be done.

XXVI I am forced to bring lawsuits against the State of Florida, Judges, and FWC who have already shown dangerous malicious character, and have threatened my life both verbally and physically. I do not feel safe showing up for court at the courthouse.

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I do fear for my life, as all this has made me very easy to find, and the people I concern myself with finding me are not what I want to deal with. The punitive, and monetary damages I seek, are well within the scope of this case.

Ibarra vs Harris; Harris county pay $1.7 Million to Brothers Wrongfully Arrested for Videotaping Drug Raid Two brothers in Harris County, Texas, settled a lawsuit for $1.7 million against the county for alleged violations of civil rights. Their lawsuit claimed that they were wrongfully arrested for videotaping a drug raid by the county sheriff’s department at a neighbor’s home. Officers arrested the two, breaking into their home and destroying the film in their camera. In addition to the compensation money, the county will be responsible for legal fees and court costs.

Monetary

XXVII I am suing Capt. David Dupree for the amount of $8,500,000.00 for Loss of liberty.

Plus $400/hr for legal research expenses. I have spent hundreds of hours researching how to deal with these cases. I should not be treated this way by anyone. I started to log my time I spend doing this research, and to date is more than $100,000.00. I need the property Capt. Dupree took, returned.

$5,000.00 every day, from the time the boats were taken, till this issue is resolved. If the Defendants are concerned about how much this will cost them, just get me looking for my property. If I am satisfied with the effort you make in finding what you have STOLEN, then this amount could go down. Other wise you owe me for the trouble your evil, malicious behavior causes me.

Injunctive Relief

XXVIII I have been repeatedly harassed by Capt. David Dupree and the FWC, and I want this to stop.

I Respectfully Ask The Courts for a permanent restraining order stopping Capt. Dupree and FWC from getting within 3000 ft of; the boats, “me” the plaintiff, or my property. If a situation ever arises that Law Enforcement is needed between FWC and me or my property, FWC can call the Coast Guard.

Punitive Action

XXIX I request punitive actions against, Capt. Dupree, that he be removed from his office for misuse of authority. He is hurting citizens, and not respecting their Rights. I believe he is unfit to be an officer, much less captain.

Conclusion

Malicious prosecution was gone by Capt. David Dupree, and has proven malicious intent in his actions, and needs to be removed from office.

Dated: Month, day, year Respectfully submitted,

__________________ _________________________

Filer: Skip Stuart Stanley

E-mail: skipstuart44@gmail.com