emergency motion to enjoin fraudulent pretenses of "res judicata", doc. # 29
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UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDAFORT MYERS DIVISION
DR. JORG BUSSE, JENNIFER FRANKLIN PRESCOTT, Plaintiffs,
versus Case # 2:10-CV-0089-FtM-JES-SPC
JOHN EDWIN STEELE; SHERI POLSTER CHAPPELL; ROGER ALEJO;
KENNETH M. WILKINSON; JACK N. PETERSON; GERALD BARD TJOFLAT;RICHARD JESSUP; CIRCUIT JUDGE BIRCH; CIRCUIT JUDGE DUBINA;
RICHARD ALLAN LAZZARA; CHARLIE CRIST; LEE COUNTY VALUE
ADJUSTMENT BOARD; LORI L. RUTLAND; EXECUTIVE TITLE CO.;JOHNSON ENGINEERING, INC.,
Defendants.
EMERGENCY MOTION
____________________________________________________________________________/
EMERGENCY MOTION TO ENJOIN FRAUDULENT PRETENSES OF
res judicata BY DEF. CORRUPT OFFICIALS, DOC. # 29, 06/30/10
RECORD EMERGENCIES OF CORRUPTION, BRIBERY, AND FRAUD ON COURTS
1. The judicial and Government corruption, fraud, bribery, and extortion on record were
EMERGENCIES, because they violently injured the American people. The Plaintiffs and
American people had fundamental rights to be free of record brazen idiotic Government
oppression in State and Federal Courts since 2006. See, e.g., judicial and Government
concealment of facially fraudulent land, parcel, and condemnation claims and
defenses such as, e.g., O.R. 569/875. Here, no intelligentandfitjudge and/or official in
the Defendants and Officials shoes could have possiblydetermined that Lee County had
any official right to claim land and illegally fabricate fake land parcels 12-44-20-
01-00000.00A0 and 07-44-21-01-00001.0000.
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THE U.S. DEFENDANTS FRAUDULENTLY PRETENDED res judicata
CORRUPTION WAS OUTSIDE THE SCOPE OF ANY JUDICIALIMMUNITY
2. The Rules and public policy prohibited the judicial corruption, fraud on the Courts, bribery,
and extortion on the record, which the Plaintiff whistleblowers had conclusively evidenced in
multiple State and Federal lawsuits since 2006. Said record judicial corruption, bribery,
fraud, and extortion were outside the scope of any judicial immunity.
RECORD FRAUD EVIDENCE AND DIRECT ATTACK ON JUDGMENT(S)/ORDER(S)
3. It was a hackneyed truism that res judicata does notpreclude a litigant from making a direct
attack upon the judgment before the court which renders it. A party may of course introduce
fraud evidence
with the direct and primary objective of modifying, setting aside, canceling,
vacating, or enjoining the enforcement of the judgment.
See C. Wright & A. Miller, Federal Practice and Procedure at 4406. Here, the fake
resolution and land parcels were such prima facie fraud evidence on the public record,
and the Defendant judicial crooks knew and fraudulently concealed that said fake land
parcels had never beenplatted, conveyed, and/orlegally describedin reference to the 1912
Cayo Costa Subdivision Plat in Lee County Plat Book 3, Page 25.
4. Here, the Plaintiffs were of course entitled to directly attack the prima facie fraudulent orders
and judgments, because as a matter of law, involuntary alienation of private property was
never a legislative function. See also separation-of-powers Doctrine. Just like the Katrina
and Gulf oil spill disasters proved, U.S. Government screws up all the time as it did over and
over in these Cases since 2006.
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5. Just like the fake weapons of mass destruction never existed, here U.S. Government
Defendants also employed weapons of mass deception such as, e.g., a fake resolution,
fake land parcels, fake frivolity, and fake vexatiousness. Defendants and Judges
prima facie idiocy on the record was again embarrassing and for the whole world to see.
IDIOTIC & INCOMPREHENSIBLE CLAIM AND/OR DEFENSE O.R. 569/875
6. Plaintiffs lawsuits in State and Federal Courts since 2006 had conclusively proven, e.g.,
fraud, fraud on the Courts, corruption, extortion, and deliberate deprivations under color of,
e.g., sham claim and/or defense O.R. 569/875, which the law did not recognize. Here,
Defendants sham defense and/or claim of a resolution (non-existent O.R. 569/875)
were facially idiotic and incomprehensible. As a matter of law, no lawmaker could have
possibly divestedthe Plaintiffs of their property against Plaintiffs will. Any valid
condemnation and/orinvoluntary alienation would have exclusively been ajudicialfunction.
Here, no judicial proceedings and/orinvoluntary alienation ever took place as conclusively
evidenced by the record. Here, the Plaintiffs defended their record unimpeachable property
ownership and title against fraud, corruption, bribery, and extortion. Here, the Defendants
and Officials knew and fraudulently concealed that there were no ripeness requirements.
Here, the Plaintiffs were of course entitled to plead prima facie fraud, corruption, extortion,
and bribery in Federal Courts.
DEFENDANTS FAILED TODEFEND AGAINST NULL & VOID HOAX O.R. 569/875
7. Here, the Defendant Officials failed to defend against said proof and allegations on the
record. In particular, said Officials and Judges failed to defend against the idiotic pretenses of
involuntary alienation by fraudulently pretended virtue of prima facie scam and hoax
O.R. 569/875.
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PLAINTIFFS SUED CORRUPT U.S. OFFICIALS IN THEIR PRIVATE CAPACITIES
8. Because the record corruption, bribery, fraud, and extortion by the Defendant U.S. Judges
and Officials were outside the scope of any lawfuljudicial and/or governmental activity, the
Plaintiffs expressly sued the Defendant corrupt Judges in theirindividual private capacities.
9. Here, public policy demanded criminal investigation and prosecution of the Defendant
crooked U.S. Judges for their crimes on the public record.
10. Here, U.S. Officials refused to investigate and prosecute the Defendant corrupt Judges and
Officials for the criminal purposes of concealing said record crimes. Here, public policy had
absolutely required equalprosecution. Here, judges were no differentfrom any other citizen.
EMERGENCY OF PRIMA FACIE FRAUDULENT MOTION, DOC. # 29, 06/30/10
11. In Document 29, 06/30/10, the United States of America, by and through its Defendant
undersigned attorneys, and including Defendant crooked Attorney Matthew Fesak,
fraudulently pretended that Plaintiffs proof and allegations of, e.g., corruption, extortion,
bribery, and fraud were barred by absolute immunity, Doc. # 29, p. 1.
DEFENDANTS FRAUDULENT PRETENSES OF OFFICIAL CAPACITY SUIT
12. Here, the Plaintiffs had expressly sued the Defendants and Officials in their private
individual capacities. See Doc. # 1. However falsely and shamelessly, the Defendant crooked
Judges, Officials, and Attorneys pretended:
Insofar as this is an official capacity suit properly brought against the United Statesand not the individual federal officers See Doc. # 29, p. 5, fn 2.
DEFENDANTS FRAUDULENT PRETENSES OF res judicata
13. Here unintelligently, Defendant M. Fesak, on behalf of the crooked Officials, rambled about
res judicata, Doc. # 29, p. 3:
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Plaintiffs utter contempt of this Courts authority, principles ofres judicata, and
the rule of law;
Here, the rule of law prohibited Defendants and Officials fraud, fraud on the Courts,
corruption, and deliberate deprivations under color of sham land and parcel claims.
See Chapters 73, 74, 95, 712, Florida Statutes.
DEFENDANTS ABSURD & IDIOTIC IMMUNITY CLAIMS / DEFENSES
14. Said prima facie false pretenses were absurd as easily illustrated and explained by the fact
that judges were and are of course not immune from, e.g., murder or other crimes outside
the judicial scope.
U.S. FRIVOLITY & VEXATIOUSNESS SCAMS AND COVER-UP
15. Just like, e.g., Nazi Judges in Nazi Germany were not immune from prosecution, the
Defendant Nazi-style Officials in these Government corruption Cases had to defend against
their crimes on the public record. Cover-up was not any option. Idiotically blurting out
frivolity and vexatiousness was not any option under the rule of law.
THE PLAINTIFFS WERE ABSOLUTELY ENTITLED TO RELIEF
16. Here of course, the Plaintiffs were entitled to, e.g., equitable relief. Here, said Defendants
ignorance and arrogance were injurious. Here, the Plaintiffs were entitled to defend against
Government extortion and fraud scheme O.R. 569/875.
DEFENDANTS EXTORTED UNDER COLOR OF FACIALLY FAKE O.R. 569/875
17. Here, said Defendants extorted and conspired to extort property and fees under fraudulent
pretenses and color ofauthority, office, and/or fake resolution O.R. 569/875.
DEFENDANTS IDIOTICALLY CONCOCTED LAW [O.R. 569/875]
18. Defendants prima facie unrecognized concoction and/or defense of legislative
condemnation [O.R. 569/875] was an idiotic crime. Here, no fit and intelligent judge
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could havepossibly concocted such judicial trash, because any and all involuntary alienation
of property would have been exclusively a judicial function. Here, no court judgment/order
had everexisted, and no law was everadoptedby anyone.
NO immunity FROM GOVERNMENT CORRUPTION & EXTORTION
19. EXTORTION has been defined as
"the obtaining of property from another induced by wrongful use of actual or
threatened force, violence, or fear, or under color of official right."
See Black'sLaw Dictionary."the unlawful exaction of money or property through intimidation."
See Encyclopedia Britannica.
20. Here, Defendants and Defendant Government Officials conspired to fraudulently interact,
defraud, deliberately deprive, bribe Officials, and extort property and fees from the Plaintiffs
under color of, e.g., authority, office, and official right. Here, no Government ever had any
official right or authority to claim any lands. Here, Defendant Officials and Judges
fraudulently concealed the prima facie criminality and nullity of said Government scam
O.R. 569/875.
WHEREFORE, Plaintiffs again demand
1. An EMERGENCY Orderenjoining the Defendant Officials, Judges, U.S. Attorneys, and
other Officials on the record from fraudulently pretending res judicata and immunity,
because corruption, bribery, fraud, and extortion under facially false pretenses of scandalous
scam O.R. 569/875 were outside any Government and/or judicial scope of lawfulactivity
and did not preclude Plaintiffs direct attack on the facially fraudulent orders and judgment
by Defendant crooked Officials;
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2. An EMERGENCY Orderenjoining theDefendants and Officials from further concealing
the non-existence of fabricated land parcels 12-44-20-01-00000.00A0 and 07-44-21-
01-00001.0000, which could not be found on said 1912 Plat in Plat Book 3, Page 25;
3. An EMERGENCY Orderenjoining the Defendant Officials, Judges, U.S. Attorneys, and
other Officials on the record from fraudulently pretending res judicata and immunity,
because corruption, bribery, fraud, and extortion under facially false pretenses of scandalous
scam O.R. 569/875 were outside any Government and/or judicial scope of lawful activity;
4. An EMERGENCY Orderenjoining the Defendant Officials, Judges, U.S. Attorneys, and
other Officials on the record from the absurd pretenses of immunity, because of course the
corruption and Government crimes on the record demanded equal prosecution and
investigation of the Defendant Officials and Judges under the Rules and public policy;
5. An EMERGENCY Orderenjoining the Defendant Officials, Judges, U.S. Attorneys, and
other Officials from corruptly concocting frivolity and vexatiousness for criminal
purposes of extending prima facie fraud and extortion scheme O.R. 569/875 and
concealing the criminality and nullity of said scam and scandal;
6. An EMERGENCY Orderfor the removal of prima facie scam O.R. 569/875 from the
public record;
7. An EMERGENCY Order enjoining Defendant corrupt presiding Judge Charlene E.
Honeywell from concealing Plaintiffs unimpeachable record ownership of Lot 15A, Parcel #
12-44-20-01-00015.015A, as affirmed and conclusively proven by the public record;
8. An EMERGENCY Order enjoining Defendant corrupt presiding Judge Charlene E.
Honeywell from maliciously perverting the dispositive affirmation of Plaintiffs record
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ownership by the U.S. Court of Appeals for the 11th
Circuit, Prescott, et al., v. State of
Florida, et al., 343 Fed. Appx. 395, 396-97 (11th Cir. Apr. 21, 2009);
21. An EMERGENCY Order recusing Defendant crooked presiding Judge Honeywell,
because she disrespected the law, disrupted the proceedings in favor of the Defendants,
perverted the facts of record, and could notpossibly be trusted to be impartialand fair, 28
U.S.C. 455; 18 U.S.C. 241, 242 (see Doc. # 213, 2:2009-cv-00791).
__________________________________
/S/JENNIFER FRANKLIN PRESCOTT
Governmental Corruption & Fraud Victim, Plaintiff,pro se
P.O. BOX 845, Palm Beach, FL 33480; T: 561-400-3295
_______________________________________/S/JORG BUSSE, M.D., M.M., M.B.A., C.P.M.
Judicial Corruption & Crime Victim; Plaintiff,pro se
State Cert. Res. Appraiser, Licensed Real Estate Broker, Mortgage Broker, Appraisal Instructor;
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Defendant Crooked OfficialsReal Estate Fraud Scheme
Fake lot and block numbers such as, e.g.:
o 12-44-20-01-00000.00A0;o 07-44-21-01-00001.0000;
Neither fake lot 00A0 nor block
00001ever existed.
Fake Government ownership claims;
Fake transaction(s) such as, e.g., O.R.
569/875;
Fake resolution and law claims;
Fake land parcels;
Fake frivolity defenses;
Fake vexatiousness contentions;
Fake legal descriptions:
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SECTION 4. This Resolution shall take effect immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner____________, who
moved its adoption. The motion was seconded by Commissioner _____________ and,
being put to a vote, the vote was as follows:
ROBERT P. JANES
BRIAN BIGELOW
RAY JUDAH
TAMMARA HALL
FRANK MANN
DULY ADOPTED this 29th day of April, 2009.
BOARD OF COUNTY COMMISSIONERSOF LEE COUNTY, FLORIDA
(SEAL)
By:Chairman
ATTEST:
Clerk
APPROVED AS TO FORM ANDLEGAL SUFFICIENCY
County Attorney
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Case 2:07-cv-00228-JES-SPC Document 276 Filed 12/03/07 Page 14 of 18
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Case 2:07-cv-00228-JES-SPC Document 276-2 Filed 12/03/07 Page 5 of 10
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Case 2:07-cv-00228-JES-SPC Document 276-2 Filed 12/03/07 Page 7 of 10
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http://www.youtube.com/watch?v=frrlmChUoVs&feature=player_embedded#!
http://www.youtube.com/watch?v=frrlmChUoVs&feature=player_embedded#!
JACK N. PETERSONIMAGES OF A FRAUDSTER
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Case 2:07-cv-00228-JES-SPC Document 276 Filed 12/03/07 Page 7 of 18
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Case 2:07-cv-00228-JES-SPC Document 276 Filed 12/03/07 Page 8 of 18