Filing # 109151018 E-Filed 06/19/2020 06:56:50 PM

MARION COUNTY SHERIFF'S OFFICE

MARION, FLORIDA

SUMMONS COMPLAINT FOR VIOLATION OF CIVIL

RIGHTS AND THE AMERICANS WITH DISABILITY ACT

RETURN OF SERVICE

Document Number: County: MARION

MCS020CIV005736SUM Court: Circuit
Court Date:
Attorney/Agent: Case Number: 182640CA
NEIL J GILLESPIE
8092 SW 115TH LOOP
OCALA FL 34481
352-854-7807

Plaintiff: NEIL J. GILLESPIE

Defendant: FIFTH JUDICIAL CIRCUIT FLORIDA, ET AL

SUBJECT TO BE SERVED:
CRAGGS, ANN MELINDA
110 NW 1 AVE 5000 OCALA, FL 34475

DOCUMENT COMMENTS:

SERVICE TYPE: INDIVIDUAL

Received the above named Writ on 6/16/2020 at 1:11 PM and served the same on 6/19/2020 at 4:05 PM in
Marion County, Florida, by delivering a true copy of this writ together with a copy of the initial pleading, if any
with the date and hour of service endorsed thereon by me to, ANN CRAGGS, after the provisions as set forth
in Section 48.031 (1) (a), Florida Statutes have been met.

LOCATION SERVED: 110 NW 1 AVE

SERVICE COMMENTS:

WILLIAM "BILLY" WOODS, SHERIFF

BY: DEPUTY SHERIFF PHILIP L MINTON, MASTER CORPORAL

This electronic signature is compliant with F.S.S. 48.21(1)

Printed On:6/19/2020 4:25 PM User Name: PMINTON Page 1 of 1

NEIL J. GILLESPIE IN THE CIRCUIT COURT OF THE
FIFTH JUDICIAL CIRCUIT FLORIDA
Plaintiff, IN AND FOR MARION COUNTY

VS.

FIFTH JUDICIAL CIRCUIT FLORIDA CASE: "\ ~ -6) lV-\ 0- eA

SANDRA SUE ROBBINS, Chief Judge, and Individually JURy TRIAL DEMANDED
JONATHAN LIN, Trial Court Administrator, and Individually
GRACE ANN FAGAN, Circuit Counsel, and Individually
KRISTINA VALDEZ, Disability Coordinator
ANN MELINDA CRAGGS, Circuit Court Judge, and Individually

Defendants.
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COMPLAINT FOR VIOLATION OF CIVL RIGHTS

AND THE AMERICANS WITH DISABILITES ACT

. NEIL J. GILLESPIE, Plain~iff pro se, sues the Defendants and alleges:

JURISDICTION AND VENUE

1. Jurisdiction and venue arise under litigation in the Florida Fifth Judicial Circuit,

Reverse Mortgage Solutions, Inc. v. Neil J. Gillespie et al., case no. 2013-CA-OOl15,
Marion Co. Circuit Court, Fifth Judicial Circuit, Judge Ann Craggs presiding.
Plaintiff's counsel: Curtis Alan Wilson, McCalla Raymer Leibert Pierce, LLC

and the laws and Constitution of the United States, and Florida, including:

• Preamble to the Constitution of the United States - Re: "establish Justice"

• Amend. I, U.S. Const., "to petition the Government for a redress of grievances."
• Amend. IV, U.S. Const., right ofthe people to be secure in their homes, and their
property against unreasonable searches and seizures by the government.
• Amend. V, U.S. Const. for~Due Process
• Amend. VII, U.S. Const, trial by jury
• Amend. XIV, U.S. Const. for Due Process
• Older Americans Act, 42 U.S.C. Chapter 35 - Programs for Older Americans
1. The Older Americans Act (OAA) 42 U.S.C. 3001 et seq., as amended, provides for
legal services under Title In B Services or Activities for persons age 60 and over
2. In Florida, the OAA is administered under ch 430, Fla. Stat., by the Department
of Elder Affairs, section 430.101, Administration of federal aging programs.
3. The Department of Elder Affairs was established by sec. 20.41, Florid~ Statutes.
• Americans With Disabilities Act 1990, ADA Amendments Act of 2008
I"

COrvtPLAINT FOR VIOLATION OF CIVL RIGHTS

AND TIlE AMERICANS WITH DISABILlTES ACT

• 42 V.S.C Chapter 126 .. Equal Opportunities For Individuals With Disabilities

• ADA Amendments Act of 2008, PUBLIC LAW 11o-325-SEPT. 25, 2008
• 42 U.S. Code § 1981 .. Equal rights under the law
• 42 U.S. Code § 1982 - Property rights of citizens
• 42 U.S. Code § 1983 .. Civil action for deprivation of rights
• 42 U.S. Code § 1985 .. Conspiracy to interfere with civil rights
• 42 U.S. Code § 1986 - Action for neglect to prevent
• 42 U.S. Code § 1988 .. Proceedings in vindication of civil rights

• Fla. Const., Art. I, Sec. 2, Basic Rights.

• Fla. Const., Art. I, Sec. 9. Due process
• Fla. Const., Art. I, Sec. 21. Access to courts
• Fla. Const., Art. I, Sec. 22. Trial by jury
• Fla. Const., Art. V, Sec. 1O(b)(1) "The election of circuit judges shall be preserved";
• Fla. Const., Art. VI, Sec. 1. Regulation of elections. "All elections by the people shall
be by direct and secret vote".
• Fla. Stat. § 29.007 Court-appointed counsel "This section applies in any situation in
which the court appoints counsel to protect a litigant's due process rights."
• Chapter 27 Florida Statutes, Part ITI, Other Court-Appointed Counsel. Civil Regional
Counsel where mandated constitutionally or by general law in civil cases.
• Fla. Stat § 838.022 Official misconduct

PARTIES

2. Plaintiff Neil J. Gillespie, age 62, is an indigent nonlawyer, unable to obtain adequate

counsel, a consumer of legal and court services affecting interstate commerce, a consumer of

personal, family and household goods and services, consumer transactions in interstate

commerce, a person with disabilities, a wlnerable adult, reluctantly appears pro se, henceforth in

the first person, residing at 8092 SW 115th Loop, Ocala, Marion County, Florida 34481.

3. Defendant FIFTH JUDICIAL CIRCUIT FLORIDA is a state court oforiginal

jurisdiction, with main administrative offices in Ocala at the Marion County Judicial Center, ,I 10

N.W. 1st Avenue, Ocala, FL 34475. ada@circuit5.org

3. Defendant SANDRA SUE ROBBINS, Chief Judge, and Individually is the Chief Judge

of the Fifth Judicial Circuit, a public official, Marion County Judicial Center, 110 N.W. 1st

Avenue, Ocala, FL 34475. Under Article V, sec 2(d) Chief Judge Robbins "shall be responsible

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COMPLAINT FOR VIOLAnON OF CNL RIGHTS

AND THE AMERICANS WITH DISABILlTES ACT

for the administrative supervision of the circuit courts and county courts in his circuit."

srobbins@circuit5.org.

4. Defendant JONATHAN LIN, Trial Court Administrator, and Individually. Marion

County Judicial Center, 110 N.W. 1st Avenue, Ocala, FL 34475. jIin@circuit5.org

5. Defendant GRACE ANN FAGAN, Circuit Counsel, and Individually, Fifth Judicial

Circuit main administrative offices in Ocala at the Marion County Judicial Center, 110 N.W. 1st

Avenue, Ocala, FL 34475. gracefagan@yahoo.com, gfagan@circuitS.org

6. Defendant KRISTINA VALDEZ, Disability Coordinator and individually, Marion

County Judicial Center, 110 N.W. 1st Avenue, Ocala, FL 34475, kvaldez@circuit5.org

7. Defendant ANN MELINDA CRAGGS, Circuit Court Judge, and Individually, Marion

County Judicial Center, 110 N.W. 1st Avenue, Third Floor Courtroom 3B, Ocala, FL

34475 amcraggs@circuit5.org

ALLEGATIONS

8. My Florida residential homestead has been in foreclosure on a federal Home Equity

Conversion Mortgage, or HECM, a Federal Housing Administration (FHA) "reverse" mortgage

program administered by the Secretary, United States Department of Housing and Urban

Development (Secretary or HUD) to enable home owners over 62 years old access the subject

home's equity. 12 U.S.C. § 1715z20 et seq. and 24 C.P.R. Part 206. The record shows substantial

violations of the HECM rules by the HUD-approved lender and lender parties. This foreclosure

was filed January 9, 2013 and is entering its sixth year in the Florida Fifth Judicial Circuit, see.

Reverse Mortgage Solutions. Inc. v. Neil J. Gillespie et aI., case no. 2013-CA-0011S,
Marion Co. Circuit Court, Fifth Judicial Circuit, Judge Ann Craggs presiding.
Plaintiff's counsel: Curtis Alan Wilson, McCalla Raymer Leibert Pierce» LLC

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COMPLAINT FOR VIOLATION OF CIVL RIGHTS
AND THE AMERICANS WITH DISABILITES ACT

9. The Florida Fifth Judicial Circuit is subject to the provisions of the Americans With

Disabilities Act (ADA), as amended.

10. I am age 62. I was determined totally disabled by Social Security as of January 17, 1992.

11. The ADA Coordinator for the Fifth Judicial Circuit for Marion County is Kristina

Valdez. I have been in email contact with Ms. Valdez at k.valdez@circuit5.org regarding

disability accommodation in this case since at least February 1, 2013.

12. I have repeatedly requested disability accommodation in this case in the Florida Fifth

Judicial Circuit and have been denied.

13. Judge Craggs presided over a non-jury trial July 18,2017 on the foreclosure of my home

where I attended without disability accommodation, as described in Affidavit of Neil J. Gillespie

Non-Jury Trial July 18, 2017. Paragraph 2 of my Affidavit states:

2. On July 18, 2017 I was taken by ambulance to the hospital after becoming sick during
a non-jury trial on the foreclosure of my home. I was alone and without counsel to
represent me. Presiding Judge Ann Melinda Craggs continued the trial without me and
ruled for the bank.

The record shows Judge Craggs entered FINAL JUDGMENT OF FORECLOSURE but the

Order does not mention that left the hearing while ill and courthouse by ambulance. Also see,

Appendix F: Affidavit ofNeil J. Gillespie, Medical Expenses Non-Jury Trial July 18, 2017.

14. The non-jury trial was held in the Marion County Judicial Center, 110 N.W. 1st Avenue,

Third Floor Courtroom 3B, Ocala, FL 34475.

15. Most recently I filed a Motion for Disability Accommodation on December 23, 2018 for

accommodation on December 31, 2018 during a Case Management Conference in the Marion

County Judicial Center, see DEFENDANT NEIL J. GILLESPIE'S MOTION FOR DISABILITY

ACCOMMODATION RE: ORDER SCHEDULING CASE MANAGEMENT(WAVER OF

CONFIDENTALITY) Filing # 82518052 E-Filed 121231201808:06:33 PM.

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..
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COMPLAINT FOR VIOLAnON OF CIVL RIGHTS

AND THE AMERICANS WITH DISABILITBS ACT

16. Ms. Valdez denied my disability accommodation request on Friday December 28, 2018.

17. Judge Craggs denied my motion for disability accommodation by Order entered on

December 28, 2018, see Filing # 82648977 E-Filed 12/28/201801:43:23 PM.

18. As a result of being denied disability accommodation, the Fifth Judicial Circuit denied

me due process, denied me the protection of the laws and Constitution of the United States, and

Florida, and is in the process of wrongly setting a date to sell my home.

DAMAGES

19. The damages in this case exceed $100,000.

WHEREFORE, I seek all damages as pennitted by law, actual damages, statutory

l
damages, punitive damages, and attomeys fees for any attorneys who may represent me, or work

on my behalf, and costs and expenses, and such other or further relief as is permitted or justified.

RESPECTFULLY SUBMITTED, December 31, 2018.

~~
.

Neil J. Gillespie

8092 SW 115th Loop

Ocala, Florida 34481

Tel. 352-854-7807

Email: neilgillespie@mfi.net