Scott Huminski2624 S. Bahama DriveGilbert,AZ 85295(480) 243-8184

QU:RI< U $I DISTRICT COURTCISiRIOr OF ARIZONA

UNITED STATES DISTRICT COU 1W_. P O~PUTY

DISTRICT OF ARIZONA

MAY 1 0 2012

United States of America,Plaintiff,

-v-

)))))))

CIVIL ACTION

Maricopa County, et al.,Defendants.

MOTION TO INTERVENE as PLAINTIFF-INTERVENOR and

VERIFIED COMPLAINT-IN-INTERVENTION

NOW COMES, Scott Ruminski ("Ruminski"), and pursuant to

F.R.Civ.P. 24(a), 24(b) moves to intervene in the above-captioned case and

complains, swears and deposes, under oath, as follows:

1. The above-captioned case involves subject matter that the named Defendants

have engaged in a long pattern of Constitutional Rights violations against

various persons in Maricopa County, Arizona. Specifically relevant to this

intervention are the claims of First Amendment retaliation as set Forth in

the Complaint.

2. Ruminski has been a resident ofMaricopa County for over two years.

3. Ruminski has been subjected to Constitutional Rights violations foisted upon

him by the named Defendants, specifically First Amendment retaliation.

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4. Ruminski has been declared a citizen-reporter and "legitimate gadfly" by the

United States Second Circuit Court of Appeals. Ruminski v. COl'sones,396

F.3d 53 (2d Cir. 2005).

5. Ruminski has received threats of retaliation by means of arrest and criminal

prosecution from the Defendants for his reporting crimes to the Defendants.

6. The reporting of crime to a law enforcement agency is speech protected by the

First Amendment to the United States Constitution. The speech (crime

reports) concerned a person who is self-described as having control and

supervision powers with the Maricopa County Sheriff's Office. The

complaints of criminal conduct were/are critical of a judicial and law

enforcement insider, Justin M. Nelson, heightening the speech to core First

Amendment status. Attached hereto as Exhibit "A"is a true and correct copy

of an email from Justin Nelson describing his relationship with Sheriff

Arpaio.

7. Attached hereto as Exhibits "B" and Exhibit "C" are true and correct copies of

emails sent to Ruminski by the Defendants threatening retaliatory arrest

and prosecution via the County Attorney in response to Ruminski's crime

reporting to law enforcement.

8. Subsequent to receipt of Exhibits "B" and "C", County Attorney personnel

assaulted Ruminski in retaliation for his delivery of court papers containing

speech critical of the government. Surprise, Arizona has threatened to arrest

Ruminski if he engages in litigation against the self-admitted top friend and

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crony of Sheriff Arpaio, Justin Michael Nelson. Gilbert, Arizona has

threatened to arrest Huminski if he engages in litigation against Bruce

Hume of the Norwalk, Connecticut Police Department.

9. First Amendment retaliation has been adopted as a custom, practice, policy

and procedure under the color of law by the Defendants and at several other

law enforcement entities in Maricopa County including the Gilbert Police and

Surprise Police whereby these agencies and Defendants use the threat of

arrest and prosecution as a retaliation to First Amendment expression

proximately causing the chilling of expression. The retaliatory conduct is

county-wide and has been adopted by multiple police entities.

10.The Defendants have threatened retaliation through use of the Arizona

Harassment Statute 13 A.RB. § 2921. The statute is constitutionally infirm

as it criminalizes speech protected under the First Amendment. The statute

has been used as a law enforcement tool of oppression.

11.This action is brought under the First Amendment and pursuant to 42

U.S.C. § 1983 (Bivens action) analogous to the 42 UB.C. § 14141 claim set

forth in the Complaint. Huminski asserts the Complaint with the same force

and effect as if more fully set forth herein.

COUNT ONE

INJUNCTIVE AND DECLARATORYRELIEF

12.Plaintiff asserts the preceding paragraphs with the same force and effect as if

more fully set forth herein.

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I3.Plaintiff seeks a declaration that the aforementioned conduct constitutes

First Amendment retaliation under the color of law. 42 U.S.C. § 1983.

14.Plaintiff seeks a declaration that the Arizona harassment statute, 13 A.R.S.§

2921, is unconstitutionally vague, over broad and violates the First

Amendment.

15.Plaintiff seeks an injunction against Defendants prohibiting First

Amendment retaliation and enjoining the enforcement of the Arizona

harassment statute 13A.R.S. § 2921.

Dated at Gilbert, Arizona, May 10, 2012

SWORN AND SUBSCRIBED to before me this 10th day ofMay, 2012

OFFICIAL SEALMICHAEL WEST

NOTARY PUBLIC· State 01Arizona~"''''0' MARICOPA COUNTY

My Comm. Expires Aug. 14,2013

Notary expo

A copy of the foregoing was served upon all parties of record by hand-delivery orFirst Class Mail, prepaid.

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5/10/12 Hotmail Print Message

Breakfast with Joe

J Michael Nelson Gmichaelnelsonwrites@gmail.com)

Sat 4/16/11 2:47 PMscott huminski (s_huminski@live.com)

I just wanted to let you know that my son and I drove out to Fountain Hills this morning and had a wonderfulbreakfast with Mr. and Mrs. Arpaio (he calls my boy his "little red-headed detective). Like I said, I've workedon the man's political campaign for a decade.

As you mayor may not know, despite his position, Mr. Arpaio is the most powerful politician of either partyin Arizona. We had a long conversation about you, what has transpired, and what I believe your next moveswill be. He then began to get on the phone.

In addition to living less than a mile from the Surprise Police Department, I also live within a mile of an MeSOsubstation.

I have put you square in the cross-hairs of the Sheriff, MeSO as a whole, and in particular, the Meso officethat is less than a mile from my home. If you know anything about Joe Arpaio, which I a sume you do, thelast thing anybody wants in this state is to be in his cross-hairs.

With that in mind, I would be very, very careful about your next "strategic" move here in the valley, andfurther, very, very careful about approaching my house which I know, and he knows, you have the address to.From the very top down, Meso is now aware of your existence and your activities. That in itself would scarethe shit out of me personally, but whatever.

Remember my forest buddy. Now you are standing square in the middle of it, all alone, and I wish you all theluck in the world trying to find your way out before the actual civil proceedings commence upon your bookpublication.

Justin

scott huminski

From:Sent:To:

Steven Spidell - SHERIFFX [S_Spidell@MCSO.maricopa.govlTuesday, July 19, 2011 11:32 AMJ Michael Nelson; jOhn.vance@surpriseaz.gov; hector.heredia@surpriseaz.gov;diane.arthur@surprise.gov; tara.combs@surpriseaz.gov; travis.ashby@surpriseaz.gov;randy.delagarza@surpriseaz.gov; loren. kelly@surpriseaz.gov;christine.nunez@surpriseaz.gov; hr@surpriseaz.gov; norma.chavez@surpriseaz.gov;ruby.sitea@surpriseaz.gov; mayor@surpriseaz.gov; econdev@surpriseaz.gov;webmaster@surpriseaz.gov; mark.coronado@surpriseaz.gov; skip.hall@surprfseaz.gov;roy. villanueva@surpriseaz.gov; sharon.wolcott@surpriseaz.gov;richard.alton@surpriseaz.gov; john.williams@surpriseaz.gov;mike.woodard@surpriseaz.gov; bbiggs@doylelawgroup.com; Sheriffs Media Requests;MCSO Complaints; MCSO Information; Cwilliams@mcso.maricopa.gov; Steven Gibbs -SHERIFFX; sheriffsmediarequests@mcso.maricopa.gov; MCSO Web Team; Ian Thompson- SHERIFFX; p_rees@mcso.maricopa.gov; MCSO Surplus Operations; Paula Gray -SHERIFFX; kevin.thomas@mcso.maricopa.gov; c_krieger@mcso.maricopa.gov; JesseSpurgin - SHERIFFX; marianJrank@arizonarepublic.com;christina.leonard@arizonarepublic.com; pat. f1annery@arizonarepublic.com; scott huminskiRE: Scott HuminskiSubject:

I have made this request now for the second time. I do not wish to receive any further information concerning thismatter. Any futher emails concerning this I will consider it to be harrassment and turn it over to the county attorney forfurther review.

From: J Michael Nelson [jmichaelnelsonwrites@gmail.com]Sent: Tuesday/ July 19/ 201111:28 AMTo:

; Sheriff's Media Requests;MCSO Complaints; MCSO Information; ; Steven Gibbs - SHERIFFX;

; MCSO Web Team; Ian Thompson - SHERIFFX; Steven Spidell - SHERIFFX;; MCSO Surplus Operations; Paula Gray - SHERIff)(;

; Jesse Spurgin :-SHERIFFX;; scott huminski

Subject: Scott Huminski

For more information on Scott Huminski, I have more than 10/000 documents on a harddrive that span back 15 years.These encompass every aspect of his quest against the legal system, and include his rantings, his filings, his competencyevaluations, threat letters sent to Vermont offiCials that were investigated by the FBI, the documents from the courtabout his criminal collusion with his police officer brother Bruce Hume to intimidate witnesses and create fraudulentevidence against a witness in his Vermont cases. I have everything about this guy.

Anybody interested, please let me know and I will mail you a jumpdrive, otherwise, all of the documents will be postedand available for viewing at Scotthuminski.com within a week. Please call 623-217-3439 with questions or requests.

J. Michael Nelson

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'5/10/12 HotmailPrintMessage r.X ~;01/ \ \C 1/FW: 9th circuit in CA to hear Case on Arpaio's corrupt breakfastmeetings and Surprise

Lisa Allen - SHERIFFX (L_A1len@MCSO.Maricopa.gov)

Wed 7/20/11 6:31 PMs_huminski@live.com (s_huminski@live.com)

iVlr Hurninski,

Here is an ernail from your arch nemesis. Mr. Nelson, indicating that he has never met Sheriff Joe

Arpaio nor has had any dealings with him or anyone from this office.

The entire ernail string regarding any breakfast between Nelson and Sheriff Arpaio was a total

fabrication. Mr Nelson is not involved in the Sheriff's campaign. All of the references regarding

Sheriffs Arpaio's connections to him are fabrications.

Hence we insist you stop harassing us with these emails immediately. Remove anyone with the email

address of @mcso.maricopa.gov from your email string. We do not have any interest in your battle with

Mr. Nelson. If you do not remove us from these harassing emails, we will pursue a legal remedy.

This is the e-mail that states that J. Michael Nelson was lying.

The information contained in this c-rnail and any (ilcs transmitted with it arc confidential

and/or privileged, and are intended solely for the use of the recipients listed above. Tfyou are not the intended recipient, you are hereby notified that any dissemination,distribution, or copying of the transmitted information is strictly prohibited. Ifyou havereceived this transmission in CITor, please innucdiatcly notifY the sender and delete anddestroy all copies and attachments.