Mr. Chris Walters Plaintiff Pro Se vs Civil No: 4 97 CV 279 MPUSDA Civil Rights Director Glorida J MCColl Stamp Filed: 97 Aug-1PM 1:10 3101 Park Center Drive Alexandria, VA (850-255-9044)
COMPLAINT
NOW COMES Plaintiff Chris Walters pro se before the Honorable US
12. District Court to file this COMPLAINT to wit:
13 Jurisdiction over Section 1983 claim exist pursuant to Title
14 28 U.S.C. Section 1343 (a)(3). Cir. 1987) and Title 28 USC
15 1331 Federal question.
16 Cause of Action: Chris Walters and Florida Family and
17 Children Services Supervisor Dawn Rhodes (850-487-2826) have
18 some technical questions concerning Florida Food Stamp case
19 10084616339 which might best be addressed by Defendant.
20 Relief Requested: This amicus curia cause seeks answers to
21 technical issues best addressed by US Department of
22 Agriculture or US Senate Judiciary or US Senate Select
23 Committee on Intelligence as explained more fully in attached
24 Memorandum of Law.
25 Respectfully Submitted By
26 Chris Walters
Mr. Chris Walters Plaintiff Pro Se vs Civil No: 4 97 CV 279 MPUSDA Civil Rights Director Glorida J MCColl Stamp Filed: 97 Aug-1PM 1:10 3101 Park Center Drive Alexandria, VA (850-255-9044)
MEMORANDUM OF LAW IN SUPPORT OF COMPLAINT 13 Now Comes Chris Walters Plaintiff Pro Se before the14 Honorable United States District Court in this Amicua Curia
15 cause to address technical questions to Acting Director
16. Gloria McColl USDA Office of Civil Rights concerning Florida
17 Food Stamp Case 10084616339:
18 Jurisdiction: over Section 1983 claim exists pursuant to Title
19 28 U.S.C. Section 1343 (a)(3).Cir. 1987). Food stamp benefits
20 are a matter of statutory entitlement for persons qualified to
21 receive them; thus, such entitlements are a form of property
22 protected by the Due Process Clause. Atkins V. Parker, 472
23 U.S. 115, 128, 105 S. Ct. 2520, 2528, 86 L. Ed. 2d 81
24 Cause of Action: While filing food stamp case a discussion
25 with Supervisor Dawn Rhodes of Florida DCFS (850-487-2826)
26 Services on July 30th, 1997 at Tallahassee,Florida generated
1 certain technical questions that neither Chris Walters nor2 Dawn Rhodes appear adequately prepared to address.
3 1 Chris Walters has filed a claim for social security
4 based on disability, inability to work and submits
5 prima facia that determination of Chris Walters
6 fitness or lack of fitness to work is the exclusive
7 standing jurisdiction of Social Security Administration,
8 Administrative Law Judges,lawyers, doctors and will
9 as suggest by Attorney Charles Tyler Clark be made in
10 course of several years.
11 2. Supervisor Dawn Rhodes requires Chris Walters to produce
12 doctor statement he can not work or register for work.
13 3. The last request by this department to Chris Walters to
14 produce doctor statement required Chris Walters to walk
15 2400 miles to Texas to recieve surgery and treatment for
16 Cancer and imposed a sever hardship on Chris Walters.
17 5. It is not pratical nor timely for Chris Walters to walk
18 hundreds of miles to seek doctor statement which is required
19 by this Department in 6 hours time simply becuase Tallahassee
20 lacks adequate health care facilities for indigent persons.
21 6. The unreasonable burden being imposed on Chris Walters at
22 this time violates 3 standing USDC Orders as cited Exhibit A.
23 7. The Honorable Judge Garcia declared unconstitutional the
24 pratice of requiring homeless food stamp applicants to
25 produce collateral statements from third parties over whom
26 they have no control in Irma Villa Real v. Mosbacher USDC,
1 Texas (1989) such as Exhibit B.2 8. Although Chris Walters has been under intermitten
3 treatment for cancer since 1992 and unable to bend,
4 stoop, lift, or preform other functions because of tumor
5 in groin which was surgically excised on May 30,1997 at
6 Tyler, Texas by Dr. Steph; Supervisor Dawn Rhodes insist
7 Chris Walters should be denied April, 1997 food stamps
8 because he is fit and able to work.
9 9. Exhibit C is a "volunteer project" on the internet which
10 Chris Walters has asked social security if it can be a
11 vocational rehabilitation project and neither Chris
12 Walters nor Dawn Rhodes can determine if this meets USDA
13 requirement as a volunteer activity.
14 10. Exhibit D: Is a question addressed to US Senate Judiciary
15 and Intelligence Committees which suggest that some
16 group or organization may have made extensive misuse of
17 US government database tracking capabilities and engaged
18 in extensive harassment and threats against Chris Walters
19 associates.
20 11. There is a concern that attempts to employ Chris Walters
21 could create at this time could creat an unwarranted threat
22 to employees of Florida State or a potential employier and
23 the entire issues of Chris Walters employment might best
24 be addressed by these two US Senate Committee.
25 12. Chris Walters might therefore question if the USDC here
26 in Tallahassee, Fla might issue a temporary injunction against
1 Florida Department of Family and Children Services and2 S upervisor Dawn Rhodes to enjoin the normal job search
3 activities.
4. 13. Supervisor Dawn Rhodes and an amazing variety of
5 other persons primarily non profit agencies who operate
6 under Title 26 USC 501c(3) tax exempt status have made
7 demands for Chris Walters to work for free as a "volunteer"
8 a service to be provided by right of law and a number of
9 organizations have discontinued medical treatment based on
10 this percieved right.
11 Wage and Hour laws clearly state that Chris Walters has
12 a clear and unimpeachable right to be paid for any work he
13 does subject to levy of fine and imprisonment by Wage and
14 Hour Administration.
15. Additionally, the constitutional amendment prohibits
16 establishment of bondage, peonage,and involuntary servitude
17 and other forms of servitude.
18 16. Further demand for "free labor" or volunteer work will be
19 draw immediate challenge to Title 7 USC 2011 food stamps and
20 Title 26 USC 501c(3) and request for prosecution of the
21 offending party.
22 17 Your letter to July 10,1997 accepting a civil rights
23 Complaint has been docketed in this USDC.
24 Respectfully Submitted By
25
26 Chris Walters Plaintiff Pro Se
United States Department of Agriculture Food and Consumer Service 3101 Park Center Drive Alexandria, VA 22302-1500Mr. Christopher Walters PO Box 4062 Tallahassee, Florida 32315-4062Dear Mr. Walters:
This is in response to a September 17th, 1997, letter from Senator Connie Mack regarding your complaint about the food stamp program (FSP). Senator Mark requested that we respond directly to you relative to your allegation of discrimination based on disability in the operation of the FSP. Specifically, you indicated that you were denied FSP benefits.
I contacted the Food and Consumer Service, Office of Civil Rights (OCR) and found that they received a complaint from you on July 8, 1997. OCR requested a priliminaty inquiry to look into your complain allegation, and advise you that when the inquiry is completed, they will let you know their findings. I also found that OCR has received theinquiry report and, currently, a specialist is reviewing your case. You may expect a response soon.
We appreciate your bringing your concerns to our attention.
Sincerely
YVette S. Jackson, Administrator
CC Honorable Connie Mack
USDAUnited States Department of Agriculture
Food and Consumer Service
3101 Park Center drive Alexandria, VA July 10,1997 22302-1500 Mr. Chris Walters PO Box 4062 Tallahassee, Florida 32315
Dear Mr. Walters:
Your complaint regarding the Food Stamp Program (FSP) has been referred to this office for reply. It is the policy of the Food and Consumer Service, in accordance with applicable civil rights laws, to protect against discrimination in the operation of this program.
This office has the responsiblity and authority to process complaints of discrimination. Based upon the information provided in your letter, we have accepted your complaint for processing on the basis of alleged discrimination based disability. We will conduct an inquiry and let you know the results.
Thank you for bringing this matter to our attention.
Sincerely, Glorida J. MCColl, Acting Director Office of Civil Rights
SEAL United States Food and 3101 Park Center Drive USDA Department of Nutrition Alexandria, VA 22302 Agriculture Service _________________________________________________________________ Mr. Chris Walters Jan 26, 1994 Post Office Box 1475 Rockport, Texas 78381 Dear Mr. Walters: Thank you for your letter to the Deputy Administrator concerning the Food Stamp Program. Your letter has been referred to us for response. You stated that some State agencies refused to close your food stamp case. We assume that you wanted your food stamp cases closed because you moved from one place to another. Households are to report changes of residence and certain other changes to their local food stamp office within 10 days of the date the change becomes known to the household. Therefore, if you did report your change of residence as soon as you knew you were going to move, it appears that the food stamp office would have closed your food stamp case for you. Additionally, within certain exceptions, individuals must be living in the project areas where they apply for food stamps and cannot receive food stamps in more than one project area in any month. Under the Food Stamp Act of 1977, as amended, the Food Stamp Program operates under Federal rules that are basically the same everywhere in the country. The law makes State Agencies and their local offices responsible for the day-to-day activities of the program. Therefore, if you reported to your local food stamp office that you were going to move and your case was not closed, you may want to contact someone at the State level food stamp office. In Texas, you may contact Mr. Terry Trimble, Assistant Commissioner, Texas Department of Human Service, Post Office Box 149030, Austin, Texas 78714-9030. The telephone number of this office is (512) 450-4140. You also stated California, Oregon, and Washington only open cases for homeless applicants for 2 months at a time, while Arizona and Texas allow a much longer period. You imply that this violates the requirements of Sec. 5 (2014) (b) of the Food Stamp Act that there be uniform national standards of eligibility. The Food Stamp Program does have uniform national standards of eligibility. That does not mean, however, that each State agency must run the program in exactly the same way as every other State agency. Mr. Chris Walters 2 We have checked with our regional offices that oversee the States you mentioned. They have informed us that the certification periods for homeless households in those States are as follows: Arizona--from 2 to 6 months; California--2 to 12 months; Nevada--at least 6 months; Oregon--1 to 12 months; Texas --3 to 6 months; and Washington--2 to 12 months. Under the Food Stamp Act, the Secretary of Agriculture has issued rules on certification periods. State agencies must follow these rules. The rule on length of certification periods is found at 7 CRF 273,10(F)(4). It states that State agencies must assign the longest certification period possible in view of the household's circumstances. This decision will not be the same in each decision on a certification period, even though the circumstances may appear similar to the household involved. We have enclosed for your convenience a copy of the rule cited previously, along with other related information on this matter. If you have other questions or problems with the Food Stamp Program, you should contact local or State level food stamp office. We hope this information is helpful to you. If we can be of further assistance, please let me know. We are returning the paper concerning the reissuance of your food stamps. Sincerely, Signed Judith M. Seymour Acting Chief Certification Policy Branch Program Development Division Enclosures