DEFENDANTS DISMAS CHARTIES, INC., ANA GISPERT, DEREK THOMAS AND LASHANDA ADAMS’ STATEMENT OF UNDIS

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 11-20120-CIV-SEITZ/SIMONTON

TRAIAN BUJDUVEANU,

Plaintiff, vs. DISMAS CHARITIES, INC., ANA GISPERT, DEREK THOMAS and ADAMS LESHOTA Defendants. _________________________________________/

DEFENDANTS DISMAS CHARTIES, INC., ANA GISPERT, DEREK THOMAS AND

LASHANDA ADAMS’ STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

Defendants Dismas Charities, Inc., Ana Gispert, Derek Thomas and Lashanda Adams,

incorrectly identified as Adams Leshota, (collectively “Defendants”) by and through their

undersigned counsel, pursuant to Federal Rule of Civil Procedure 56 and Local Rule 7.5, file

their Statement of Undisputed Facts in Support of their Motion for Summary Judgment against

Traian Bujduveanu (“Plaintiff”) as follows:

STATEMENT OF UNDISPUTED FACTS

1. Plaintiff pled guilty to charges of conspiring to illegally export military and dual

use aircraft parts to Iran. Plaintiff was sentenced to 35 months for his crimes. (Affidavit of Ana

Gispert.)

2. Towards the end of his sentence, Plaintiff was transferred to Dismas, a “half way

house,” on July 28, 2010 until his release date of January 31, 2011. . (Affidavit of Ana

Gispert.)

Case 1:11-cv-20120-PAS Document 83-1 Entered on FLSD Docket 12/16/2011 of 9


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3. Dismas is a private non-profit corporation known as a CCC Contractor. .

(Affidavit of Ana Gispert.)

4. As a result of the Plaintiff’s health issues, Plaintiff was released to home

confinement and was required to report back to Dismas every Wednesday. (Affidavit of Ana

Gispert).

5. Plaintiff attended a resident orientation, had the program policies and procedures

explained to him and was give the opportunity to ask questions and receive clarification of any

policies and procedures. (True and correct copies of the relevant portions of the Resident

Handbook, Rules, Regulations, Expectations, Sanctions and Contraband List provided to the

Plaintiff and are attached to the Affidavit of Ana Gispert as Exhibit 1)

6. The Residential Handbook is quite clear that all participants in the Dismas

program, like the Plaintiff, consent to searches of their persons and vehicles (p.16, Exhibit 1,

Affidavit of Ana Gispert); are not permitted to possess or use cell phones without authorization

(p.16, Exhibit 1, Affidavit of Ana Gispert) and cannot drive without the prior approval of

Dismas. (p.21, Exhibit 1, Affidavit of Ana Gispert).

7. The Residential Handbook is quite clear that all participants in the Dismas

program are not permitted to possess or use cell phones without authorization that unauthorized

cell phones are contraband and any unauthorized cell phone is contraband, which will be

confiscated and not returned. (p.16, and Contraband List Exhibit 1, Affidavit of Ana Gispert)

8. Plaintiff also received Dismas’ Rules and Regulations. (True and correct copies of

the relevant portions of the Rules and Regulations are attached to the Affidavit of Ana Gispert as

Exhibit 2)



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9. The Rules and Regulations of Dismas-Dania Beach are quite clear that all

participants in the Dismas program, like the Plaintiff, consent to searches of their vehicles (p.3,

Section 2(d), Driving Privileges, Exhibit 2, Affidavit of Ana Gispert); are not permitted to

possess or use cell phones without authorization (p.3, Section 6(c), Contraband, Exhibit 2,

Affidavit of Ana Gispert) and cannot drive without the prior approval of Dismas. (p.3, Section

2(a), Driving Privileges, Exhibit 2, Affidavit of Ana Gispert).

10. The Rules and Regulations of Dismas-Dania Beach are quite clear quite clear that

violations of the rules and regulations could lead to sanctions, including termination from the

Program. (p.6, Section 2(a), Sanctions, Exhibit 2, Affidavit of Ana Gispert).

11. Plaintiff acknowledged on May 27, 2010 and on July 28, 2010, that he received a

copy of Dismas Rules, Regulations and Restrictions and would abide by the rules and

regulations. True and correct copies of the Plaintiffs Acknowledgement Forms are attached to

Exhibit 3, Affidavit of Ana Gispert.

12. On May 27, 2010 and on July 28, 2010, Plaintiff acknowledged that: he received

a copy of the Contraband List; that if he is found with contraband it would be confiscated and

disposed of by Dismas; and that if he was found with contraband, he would be subject to

disciplinary action. True and correct copies of the Plaintiffs Acknowledgement Forms are

attached to Exhibit 3 to the Affidavit of Ana Gispert.

13. On February 24, 2010, the Plaintiff signed a Federal Bureau of Prisons Form in

which he understood that as part of his residential reentry center release that he would abide by

the rules and regulations of the program. A true and correct copy of the Plaintiffs BOP

Acknowledgement Form is attached to Exhibit 4 to the Affidavit of Ana Gispert.



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14. On September 10, 2010, one month before the Plaintiff drove without

authorization from Dismas and was found to be in possession of an unauthorized cell phone, the

Plaintiff signed a Department of Justice, Federal Bureau of Prison Conditions of Confinement

Form in which the Plaintiff agreed that he would not drive a motor vehicle without CCM

approval. A true and correct copy of the Plaintiffs BOP Conditions of Home Confinement Form,

containing condition 12, is attached to Exhibit 5 to the Affidavit of Ana Gispert.

15. On September 10, 2010, one month before the Plaintiff drove without

authorization from Dismas and was found to be in possession of an unauthorized cell phone, the

Plaintiff signed a Home Confinement Special Conditions Form in which he acknowledged he

would adhere to the Rules of the Bureau of Prisons Conditions of Home Confinement as well as

the policies and procedures of his CCC facility, Dismas. A true and correct copy of the

Plaintiff’s Home Special Conditions Form, containing is attached as Exhibit 6 to the Affidavit of

Ana Gispert.

16. The use of cell phones between felons is a security risk. Certainly, the Plaintiff

could not have a cell phone in prison and as he was still serving a prison sentence (in home

confinement), possession of a cell phone was prohibited. Cell phones are hazardous to

institutional security, as is demonstrated by the fact that they are not allowed in prison. Cell

phones, for example, would permit people to talk and communicate after lights out to potentially

organize disruptions of the institution. (Affidavit of Ana Gispert).

17. The authorized use of a motor vehicle by a CCC participant also provides a

security risk. Certainly, the Plaintiff could not use a motor vehicle in prison and as he was still



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serving a prison sentence (in home confinement), use of a motor vehicle without authorization

was prohibited. (Affidavit of Ana Gispert).

18. The Plaintiff was also not permitted to attend religious services outside of a 5 mile

radius of his confinement as per Federal Bureau of Prison guidelines. A copy of the guidelines

for religious services is attached to the Affidavit of Ana Gispert as Exhibit 7.

19. On October 13, 2010, the Plaintiff appeared on his reporting date by driving

himself to Dismas in Plaintiff’s family vehicle. (Affidavit of Ana Gispert).

20. While Plaintiff may have held a valid driver’s license, he was not authorized by

Dismas to drive or operate a motor vehicle. (Affidavit of Ana Gispert).

21. The Plaintiff was not authorized to operate a motor vehicle without approval of

the Director of Dismas, Ana Gispert. (Affidavit of Ana Gispert).

22. At no time did Dismas authorize the Plaintiff to drive a motor vehicle. (Affidavit

of Ana Gispert).

23. Following the violation, the Plaintiff’s vehicle was searched for safety reasons

and a cell phone allegedly belonging to the Plaintiff’s family was discovered. (Affidavit of Ana

Gispert).

24. The Plaintiff was not authorized to possess a cell phone, regardless of who owned

it. (Affidavit of Ana Gispert).

25. A phone can be hazardous to safety as it can be used to call or communicate with

other persons not confined or other half way house residents, which could cause security issues.

(Affidavit of Ana Gispert).



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26. A Disciplinary Report was then prepared and signed by the Plaintiff after the

incident on October 13, 2010. True and correct copies of the Dismas Reports are attached as

Exhibit 8 to the Affidavit of Ana Gispert.

27. The Plaintiff’s personal items were then held by Dismas. As the phone was

contraband, Dismas donated the phone. (Affidavit of Ana Gispert).

28. The remainder of the Plaintiff’s personal items were held by Dismas. (Affidavit

of Ana Gispert).

29. Dismas requested that the family members pick up the items. However, the

Plaintiff or his designated family member refused to pick the personal items up from Dismas and

Dismas, at its own cost, delivered the items to the Plaintiff. A copy of the property release

memorandum is attached as Exhibit 9 to the Affidavit of Ana Gispert.

30. Since the Plaintiff violated Federal Bureau of Prison guidelines concerning his

CCC confinement, the Federal Bureau of Prisons was notified on or about October 19, 2010.

(Affidavit of Ana Gispert).

31. On October 19, 2010, the Federal Bureau of Prisons, not Dismas, then sent the

United States Marshall’s Service to Dismas to take the Plaintiff back to FDC Miami to complete

the rest of his sentence. A copy of the Federal Bureau of Prisons pick up notice to the United

States Marshall Service is attached to the Affidavit of Ana Gispert as Exhibit 10.

32. Plaintiff was transferred by the Bureau of Prisons into the custody of FDC Miami,

where a subsequent hearing was held by the Bureau of Prisons concerning his possession of a

cell phone and driving a vehicle without authorization. He was found guilty of these offenses at

the hearing and required to serve the remaining 68 day balance of his initial sentence at FDC



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Miami. A copy of the Plaintiff’s United States Bureau of Prison Center Discipline Committee

Report is attached to this affidavit as Exhibit 11, Affidavit of Ana Gispert.

33. The Plaintiff, at all times, was under the control of the Federal Bureau of Prisons

until his sentence was completed. (Affidavit of Ana Gispert).

34. CCC is a privilege not a right. The Plaintiff, as well as other felons, is still under

the control, rules and regulations of the Federal Bureau of Prisons. While not locked behind a

cell door while and out of a federal correctional institution, the Plaintiff is still serving the terms

of his sentence even when at a CCC. The Plaintiff, despite his beliefs, was not a “free man” able

to do whatever he wanted. (Affidavit of Ana Gispert).

Respectfully submitted,

EISINGER, BROWN, LEWIS, FRANKEL, & CHAIET, P.A. Attorneys for Defendants

4000 Hollywood Boulevard Suite 265-South Hollywood, FL 33021 (954) 894-8000 (954) 894-8015 Fax BY: /S/ David S. Chaiet____________ DAVID S. CHAIET, ESQUIRE FBN: 963798



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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on the 16th day of December, 2011, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day on all counsel of record or pro se parties identified on the attached Service List in the manner specified, either via transmission of Notices of Electronic Filing generated by CM/ECF or in some other authorized manner for those counsel or parties who are authorized to receive electronically Notices of Electronic Filing.

__/s/ David S. Chaiet_______________ DAVID S. CHAIET, ESQUIRE Florida Bar No. 963798



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SERVICE LIST

Traian Bujduveanu v. Dismas Charities, Inc., et al.

Case No..: 11-20120-CIV-SEITZ/SIMONTON United States District Court, Southern District of Florida

Traian Bujduveanu Pro Se Plaintiff 5601 W. Broward Blvd. Plantation, FL 33317 Tel: (954) 316-3828 Email: [email protected]


mailto:[email protected]�

DEFENDANTS DISMAS CHARTIES, INC., ANA GISPERT, DEREK THOMAS AND LASHANDA ADAMS’ STATEMENT OF UNDIS

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Transcript of DEFENDANTS DISMAS CHARTIES, INC., ANA GISPERT, DEREK THOMAS AND LASHANDA ADAMS’ STATEMENT OF UNDIS