UNITED STATES DISTRICT COURT
FOR THE
MIDDLE DISTRICT OF FLORIDA
Michael Mincieli
Plaintiff
CASE NO.:
v
JUDGE
John Carlin
Beverly Brenan
__________________________________________________________________________/
CIVIL RIGHTS COMPLAINT
COMES NOW Michael Mincieli, with the undersigned plaintiffs and moves this court to adjudicate the constitutional violations evidenced in court transcripts, and attached to this civil rights complaint.
BACKROUND
1.0 The Lee County Court of Florida, in case 22 DR000786, bore witness to a gross violation of due process, on 11/28/22 Judge John C Carlin, in conspiracy with Attorney Beverly Brennen, issued a void Emergency Pick Up Order of Minor Child, Heaven Grace Guerra without any opportunity for my daughter, Paige Mincieli, to be heard, effectively stripped her of constitutional rights, and legal custody of her own daughter, Heaven Grace Guerra. This egregious act of judicial overreach constitutes a blatant infringement upon the fundamental constitutional rights of the citizens involved and cannot go unpunished under the auspices of 18 USC §242
2.0 18 USC §242 provides that whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States shall be fined under this title or imprisoned not more than one year, or both, and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death
3.0 The court transcripts will prove beyond a reasonable doubt that the minor child Heaven Grace Guerra was taken, illegally ignoring Paige Mincieli's right to fair and lawful treatment under the law making the order void as it arises out of fraud.
4.0 The civil rights violations perpetrated against Paige Mincieli, are the same civil rights violations damaging Heaven Grace Guerra,and every other undersigned plaintiff, now or in the future. According to the states own transcripts the court took action to remove the minor child, and did in fact kidnap Heaven Grace Guerra under color of law.
5.0 Prior to the day the emergency pick up order was issued, and on the day my granddaughter was removed, the court showed proficiency in the denial of due process and with extreme prejudice, and malevolence made a mockery of constitutional rights, as the court, refused to provided any of the following before removing my granddaughter.
5.1.
Notice: Individuals must be given proper notice of any legal
proceedings or actions that may affect their rights or interests.
This includes information about the nature of the charges or claims
against them.
5.2 Opportunity
to be Heard: Individuals must have the opportunity to present their
case, arguments, and evidence before an impartial decision-maker.
This may include the right to call witnesses, cross-examine opposing
witnesses, and present relevant documents or testimony.
5.3
Impartial Decision-Maker: Individuals are entitled to have their case
heard by an impartial and unbiased decision-maker who has no conflict
of interest or prejudice that could affect the outcome.
5.4
Right to Legal Representation: Individuals have the right to be
represented by legal counsel of their choice. This ensures that they
have someone knowledgeable and experienced to advocate for their
rights and protect their interests.
5.6 Presumption
of Innocence: In criminal cases, individuals are presumed innocent
until proven guilty. The burden of proof lies with the prosecution to
establish guilt beyond a reasonable doubt.
5.7
Adequate Time and Facilities: Individuals must be given sufficient
time and resources to prepare their defense. This includes access to
relevant documents, evidence, and the ability to consult with their
legal counsel.
5.8 Equal
Protection: Individuals must be treated equally under the law,
without discrimination or favoritism based on factors such as race,
gender, religion, or social status.
6.0 Whereas 18 USC §245 provided that Whoever, whether or not acting under color of law, intimidates or interferes with any person from participating in or enjoying any benefit, service, privilege, program, facility, or activity provided or administered by the United States; [or] applying for or enjoying employment, or any perquisite thereof, by any agency of the United States; shall be fined under this title, or imprisoned not more than one year, or both, and if death results or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be subject to imprisonment for any term of years or for life or may be sentenced to death. And
7.0 Whereas 42 USC §1983 provides that every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, 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.
Relief Requested
The undersigned plaintiffs respectfully request the following relief from this court:
An award of $5,000,000 (itemize this by statute)in compensatory damages distributed equally to each plaintiff for the severe emotional distress, harm, and deprivation of their constitutional rights suffered due to the actions of Judge John C Carlin and Attorney Beverly Brennen.
An order declaring the Emergency Pick Up Order of Minor Child, Heaven Grace Guerra, issued by Judge John C Carlin, as void ab initio, and restoring the constitutional rights and legal custody of Paige Mincieli over her daughter, Heaven Grace Guerra.
An injunction against Judge John C Carlin and Attorney Beverly Brennen, prohibiting them from further engaging in any actions that infringe upon the constitutional rights of the plaintiffs or any other citizen.
An order requiring the defendants John Carlin, and Beverly Brennan to submit their oaths of office to defend the constitution along with the bonds to protect the public, to this court so that their perspective bonding companies might decide if their anti-social actions are covered by their bonds or if as required by law
Such other and further relief as this court deems just and equitable.
Respectfully Submitted,
/s/ Michael Mincieli
Without prejudice, all rights reserved.
2220 West 1st Street # 255
Ft. Myers Florida 33901
CERTIFICATE OF SERVICE
I, Michael Mincieli certify that I have served a true and correct copy of the above complaint on the below defendants
John Carlin
1700 Monroe St
Ft Myers Fl 33901
Beverly L Brennan
5150 Tamiami Trail # 602
Naples Florida 34103
239-273-7590
Respectfully Submitted,
/s/ Michael Mincieli
Without prejudice, all rights reserved.
2220 West 1st Street # 255
Ft. Myers Florida 33901
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