How do I write a story that is so real that it sounds too crazy to be believed? Just thinking about how to tell my pandemic story makes my head spin. To write a short synopsis is even harder, but this is what I'm going to do and those who want the WHOLE story in order to offer me assistance (I'm seeking a retired attorney, legal secretary or paralegal.............or someone with experience in civil tort claims to give me some insight as to how to tackle the work I have before me to seek restitution) please contact me at the email below.
On 12/8/2020, in an independent grocery store in Oregon, I spoke to the main store mgr about being denied service for not wearing a mask the day before. The manager said on my cell phone video that if I had a medical exemption that they would agree to allow me to shop in the store without a face mask. I said I did and the store was fine with my exemption. At that point a contract was made. The only way to cancel a contract is if both sides agree.
After shopping several times between Dec and Feb 2021, I entered the store one night in Feb. and was denied service for not wearing a mask. I returned to the store to speak w/ the main mgr again. This time he said I was trespassed for not following store policy on masking. They called police. The store loss prevention mgr. grabbed my right wrist and handcuffed me taking me down to the ground ...he removed the handcuff but threatened to cuff me again.
Police arrived. After they spoke to the store managers I walked out of the store with the police who asked me questions and then arrested me. I was taken to jail and ordered to pay 180.00 in bail. Just so you know, the only thing I’ve ever been arrested for is 1st Amendment activity…arrest, release then charges dropped. The city charged me with Trespass 2.
After three court appointed attorneys either said I was guilty or failed to assist me in obtaining a fair trial (without being forced to wear a mask in the courtroom), I refused counsel. The city failed the first two attempts at a jury trial. Then on 4/13/22, in the muni court that was CLOSED to the public, I was removed from the courtroom, the public (I had 20 people w/ me to court watch) were kept out of the courtroom and then everyone was locked out of the courthouse (notice put on the front door).
I was stuck in an empty room w/ police guards, a wall tv screen and sound system was turned on so I could watch and listen to the trial. There was no attorney at the Def. table. The Asst. City Pros. ran the entire jury trial without me present or involved. Six people found me guilty. I was sentenced to five days in jail to report four days later.
I was put in solitary confinement 23 1/2 hrs a day in county jail. I was refused my special diet, I was in so much shock I couldn't eat and couldn't keep any food or water down. By the third day my heart was rapidly beating and I was feeling dizzy. I called my husband to tell him to make calls to get me out. The medical staff could not offer me proper medical treatment. I was suffering from organ failure, I couldn't stand up straight and couldn't walk without pain and breathing issues. Finally, I was released after 96 hrs.
I filed a civil tort against the grocery store in Feb 2023 with four claims for relief based on discrimination over refusing me service and calling police over my medical condition (despite contracting with me in 12/2020), assault and battery, negligence, discrimination, and later added false imprisonment as a fifth claim for relief.
The store had their insurance agent hire a high powered Portland law firm to go after me. After Defendants’ received their complaint, the attorney filed one motion....Special Motion to Strike (anti-slapp) or in the alternative ORCP 21A motion to dismiss. What this motion is supposed to be for is to stop SLAPP suits (defamation/slander is what SLAPP suits were designed to stop.....but in Oregon they were being used against citizens attending land use policy meetings to stop speech by threatening that speech w/ a lawsuit). My claim is about discrimination leading to assault/battery and arrest (and false prosecution but that is reserved for the govt./corporation that executed the false charge) and therefore the anti-slapp motion claiming I silenced the store employees from exercising their right to demand I follow mask policy as imposed as a mandate (not a law) by the governor was invalid and did not apply in this situation.
I filed 4 affidavits and the affiants were present at the hearing to take the stand for questioning. The affidavits were objected to and sustained by the judge. When I asked the judge if the affiants could testify the Def. objected and judge sustained the motion. My video of the mgr. giving me permission to not follow store policy was denied admission. I made an offer of proof to verbally recount the entire event to get it on the record. The judge had to allow me to offer it. All of my prima facie evidence was denied.
The Defendants’ had not offered any evidence disputing any claim I made. They offered the lawsuit I filed against the City that is currently in the Oregon Federal Dist. Court which has no relevance to this case. He offered the municipal court judgment which had no relevance (especially given the way the "trial" went down. Actually what happened is what you call a dissimulation of judicial process.) and one affidavit by the very manager who granted me permission to shop without wearing a mask. In that affidavit, he never stated that we had a conversation on 12/8/2020 or that he granted me permission to shop without wearing a mask. I objected to all three pieces of "evidence" to get my objection on the record.
Regardless, the judge ruled 3 weeks later to remove my first claim for relief and part of the third claim for relief (negligence). Under ORS 18.052, the Judge did not include findings of facts or conclusions of law under the special statute which provided dismissal without prejudice in the limited judgment. In Oregon, one cannot file a motion for reconsideration on the trial court. The only option I felt I had was to file an interlocutory appeal but without the judge's findings/opinions I was unable to provide the Oregon Court of Appeals with questions to answer.
As a result of the Order by the judge who ruled on that motion (in my county the judges rotate on civil cases in pre-trial motions before Def. has filed an answer to a response, which I believe is wrong) the Defendants’ filed a Limited Judgment order for the judge to sign. I filed an objection to the judge's ruling to get it on the record. The judge signed the order.
Then the Defendants’ filed a "Statement of Fees" against me. They claim their one motion and actions on the motion which they claim they are entitled to under the Special Motion to Strike (but not under ORCP 21A) in "reasonable attorney fees" is $65,000.00!
And since Aug 8, 2023 they filed another "supplemental statement of fees" for an additional $19k for more work on/around their Motion.
This is what I stated in my Declaration in Opposition to Def. Statement of Fees, "10. It is my belief that there is nothing reasonable about the Defendants' counsel attempting to extort over $85,000.00 from a woman who filed a discrimination complaint against Market of Choice, not some frivolous/meritless claim. Judge Shugar apparently agreed since she preserved my 4th claim for relief, "Discrimination" and kept the Plaintiff's complaint in play."
Currently, I am awaiting the judge's ruling on my motion to vacate the limited judgment. If it is denied, then I must file an appeal or allow the ruling to stand and file an amended complaint with the remaining claims and move forward. If the judge rules in favor of the Defendants’ motion for statement of fees then I can file an appeal and argue that the fees are not only NOT "reasonable" but that the reason a Special Motion to Strike is employed is to stop a “meritless claim” from moving forward. The judge did not find my complaint meritless.
In order to ensure that the Defendants’ are not going to try to steal from anyone but me, I told my husband that we were getting a divorce. We own nothing (but we’re not so happy about it…WEF remark). I have no income and have not worked since May of 2020. Since the false arrest, I have been unable to work to fight against the false arrest. Since the false imprisonment, I have been working to fight for a redress of grievances with seeking an attorney (to no avail). No attorney would take either of my civil complaints (against the city or the grocery store). So I started learning how to win in court without a lawyer.
I'm either going to learn how to file documents and fight for my rights or let criminals get away with the crimes they committed against me. My husband and I got our divorce in early August. It sickens me that we were forced to do this, but the Defendants' are going to make me pay one way or another for the audacity of trying to hold them accountable for their store policy and their lies to police and the state. The store violated the contract they made with me on 12/8/2020 and they are going to punish me for their actions.
If anyone who reads this would like to help me fight back, I am hoping to hear from you. I love learning and researching law/cases and I have talked with an attorney who looked at the case and said he was impressed with my filed documents. I know I need more knowledge and experience (which I do not have) to win. Please contact me at sunbuni@protonmail.com. thank you!
I feel you, Mindy.
John Jay Singleton near Orlando helped me out for a while for free, to no avail.
I'm still hoping to hold those creepy Public Serpents accountable and liable.
I've got some learnin' to do, too.
Brian Root Arrest and Jail Timeline in South Florida August 2020
8/3/20 Vero Florida Police respond to complaint of Brian not wearing mask at UP Grocery Store.
8/5/20 Vero Police issue TAW (Trespass Arrest Warning) to Brian at UP Store. 1 year ban.
8/19/20 Vero Police arrest and handcuff Brian at Up store for entering building.
8/19/20 Brian spends 1 day in Vero Jail after many rights violations against him.
8/20/20 Brian bonds out of Vero Jail for $500 ($100 cash).
9/7/20 Brian submits violation report to ADA.
9/15/20 Brian applies for Public Defender.
9/17/20 Brian prosecuted by State for trespass per 810.08.
9/22/20 Brian court date. 8 hours outside on steps no response.
10/5/20 John Jay Singleton agrees to help me out for free.
10/6/20 Brian court date. 5 hours outside on steps no response.
11/4/20 Brian does Zoom Meeting with Judge.
12/7/20 Brian court date. Left after 2 hours waiting. Bench Warrant served. Bond forfeited.
12/8/20 Motion to Vacate Warrant submitted.
12/7/20 thru 12/22/21 Brian on the lam.
12/15/21 Brian has Prostate surgery. Has suprapubic catheter implanted in abdomen.
12/20/21 Brian submits ADA case against Judge Menz.
12/21/21 David Root falsely arrested in back yard.
12/22/21 Brian scheduled to have catheter removed at 2pm.
12/22/21 Brian Root falsely arrested in front yard at 9am. Spent five days in Fort Pierce jail. Brian let’s officers and nurses know every day that catheter must be removed by doctor.
12/27/21 Brian transferred to IRC jail in shackles.
12/31/21 Brian submitted Inmate Medical Request to be taken to doctor.
12/9/21 Brian’s cell, KOA, quarantined for 14 days. No leaving, no outside cell contact.
1/25/22 Brian finally taken to doctor after close to a month of no response.
1/26/22 KOA inmates transferred to E2 Cell.
1/30/22 E2 Cell quarantined for 14 days.
2/3/22 43 days in jail with one day of outside sunlight, no raw fruits or vegetables.
2/3/22 Brian pleads No Contest, Withhold Guilt at 9am to Judge Stone. Released at 2:30pm. Gloves, mask, and “Don’t Touch Anything” ordered by officer wearing gloves and double-mask, for the “Walk Out of Shame”, because “I Don’t Want To Get Sick!”.
2/3/22 Brian enjoys sunlight on his face as he exits Clown World number 2, the jail, and enters Clown World number 1, reality. Ha, ha, ha.
The End...