UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA

FORT 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

“RIPENESS REQUIREMENTS” BY DEF. CORRUPT OFFICIALS, “DOC. # 29”

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”.

PATTERN & POLICY OF FRAUDULENT & CORRUPT ORDERS / JUDGMENTS

2. Here, no intelligent and fit judge and/or official in the Defendants’ and Officials’ shoes could

have possibly determined 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-

2

00001.0000”. See Chapters 73, 74, EMINENT DOMAIN, Ch. 95, ADVERSE POSSESSION;

Ch. 712, MARKETABLE RECORD TITLE ACT.

THE U.S. DEFENDANTS FRAUDULENTLY PRETENDED “UNRIPE” CLAIMS

ADMITTEDLY FRAUDULENT PRETENSES OF “UNRIPE” CLAIMS

3. Here, the judicial Defendants conceded the record fraud on the Court that

“Plaintiffs’ complaint was dismissed as unripe, because Plaintiffs had not availed themselves of state remedies.” See Doc. # 29, p. 2

Here admittedly, the Defendants knew and fraudulently concealed that fraud, corruption,

extortion, and bribery of course could of course be directly pleaded in Federal Court:

“must comply not only with … but also with Fed. R. Civ. P. 9(b)’s heightened pleading standard.” Id., p. 4.

Here, the Plaintiffs had sued the Defendant crooked Government Officials in STATE Court,

and STATE Court Defendant U.S. Judges John E. Steele and Sheri Polster Chappell

themselves had removed Plaintiffs ripe legal action from STATE to Federal Court. Here,

Federal jurisdiction had been admittedly “patently clear” as evidenced by said Judges’

removal. Again, the record showed idiotic record Government corruption. See attached

STATE Court docket, Case # 2006-CA-003185, BUSSE v. STATE OF FLORIDA, Lee

Count Circuit Court.

JUDICIAL OFFICERS’ FRAUD ON THE COURTS UNDER FALSE PRETENSES

4. Here, the Defendants and Officials fraudulently kept the Plaintiffs away from Court for the

criminal purposes of obstructing justice and covering up for the fellow crooked Government

Defendants and Officials, who had, e.g., concocted a fake “resolution”, fake “land” parcels”

“12-44-20-01-00000.00A0” and “07-44-21-01-000001.0000” on the public record.

3

CORRUPTION WAS OUTSIDE THE SCOPE OF ANY JUDICIAL IMMUNITY

5. 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”. Just like vexatious

and vile Nazi Officials, here the judicial Defendants pulled the wool over the people’s eyes:

“Judicial immunity provides judges with blanket immunity …”

Here, said Defendants, Officials, and Attorneys provided the American people with a

“blanket” of prima facie judicial horseshit for the criminal purposes of concealment and

cover-up.

RECORD FRAUD EVIDENCE AND DIRECT ATTACK ON JUDGMENT(S)/ORDER(S)

6. It was a hackneyed truism that res judicata does not preclude 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 been platted, conveyed, and/or legally described in reference to the 1912

“Cayo Costa” Subdivision Plat in Lee County Plat Book 3, Page 25.

7. 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

4

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.

8. 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”

9. 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 divested the Plaintiffs of their property against Plaintiffs’ will. Any valid

condemnation and/or involuntary alienation would have exclusively been a judicial function.

Here, no judicial proceedings and/or involuntary 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 TO DEFEND AGAINST NULL & VOID HOAX “O.R. 569/875”

5

10. 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”.

PLAINTIFFS SUED CORRUPT U.S. OFFICIALS IN THEIR PRIVATE CAPACITIES

11. Because the record corruption, bribery, fraud, and extortion by the Defendant U.S. Judges

and Officials were outside the scope of any lawful judicial and/or governmental activity, the

Plaintiffs expressly sued the Defendant corrupt Judges in their individual private capacities.

12. Here, public policy demanded criminal investigation and prosecution of the Defendant

crooked U.S. Judges for their crimes on the public record.

13. 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 equal prosecution. Here, judges were no different from any other citizen.

EMERGENCY OF PRIMA FACIE FRAUDULENT MOTION, “DOC. # 29, 06/30/10”

14. 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

15. 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 States and not the individual federal officers …” See Doc. # 29, p. 5, fn 2.

6

DEFENDANTS’ FRAUDULENT PRETENSES OF res judicata

16. Here unintelligently, Defendant M. Fesak, on behalf of the crooked Officials, rambled about

“res judicata”, Doc. # 29, p. 3:

“… Plaintiffs utter contempt of this Court’s authority, principles of res 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”

17. 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

18. 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

19. 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”

7

20. Here, said Defendants extorted and conspired to extort property and fees under fraudulent

pretenses and color of authority, office, and/or fake “resolution” “O.R. 569/875”.

DEFENDANTS IDIOTICALLY CONCOCTED “LAW” [“O.R. 569/875”]

21. 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

could have possibly 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 ever existed, and no “law” was ever adopted by anyone.

NO “immunity” FROM GOVERNMENT CORRUPTION & EXTORTION

22. 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's Law Dictionary.

"the unlawful exaction of money or property through intimidation."

See Encyclopedia Britannica.

23. 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 Order enjoining the Defendant Officials, Judges, U.S. Attorneys, and

other Officials from perpetuating the perpetration of fraud on the Courts since 2006;

8

2. An EMERGENCY Order enjoining the Defendant Officials, Judges, U.S. Attorneys, and

other Officials from perpetrating fraud on the Courts under fraudulent pretenses of

purportedly “unripe” claims, because the Plaintiffs rightfully pleaded fraud, corruption,

extortion directly in Federal Court and defended their record ownership against Defendants’

facially frivolous and fraudulent “claims” and “defenses”;

3. An EMERGENCY Order enjoining 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

and did not preclude Plaintiffs’ direct attack on the facially fraudulent orders and judgment

by Defendant crooked Officials;

4. An EMERGENCY Order enjoining the Defendants 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;

5. An EMERGENCY Order enjoining 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;

6. An EMERGENCY Order enjoining 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;

9

7. An EMERGENCY Order enjoining 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;

8. An EMERGENCY Order for the removal of prima facie scam “O.R. 569/875” from the

public record;

9. 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;

10. An EMERGENCY Order enjoining Defendant corrupt presiding Judge Charlene E.

Honeywell from maliciously perverting the dispositive affirmation of Plaintiffs’ record

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);

24. 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 not possibly be trusted to be impartial and 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; JRBU@aol.com

11

10

Defendant Crooked Officials’Real 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” “00001”ever 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”:

RESOL~JTIOX PERTAZNIdC TO PUBLIC ws--p--mIN CAS’O COSTA SUSO!V3S3$y-c-

WHEREAS, there’ appears in the Public H~COK~S of tie

County, Florida, in Plat Book 3 at page 25 the Second Revised

Plat af Cayo Coata Subdivision: and

WHEREAS. there spycar Upon sitid plat certain designated

lot and block areas and other undesignated areaa: and

WHEREAS, there appears upon said plat certain un-numbered

and unlettered iwcas lying East of tho Easterly tier of blocks

in said m&division and West of the Westerly tier of blocks

in said subdivision: and .

“!‘EREAS, tho County clnims slid lands aa public Iandr

together with all accretions thereto.

NOW, THEREFORE, idE IT RESOLVED By THE BOARD OF C0Vm’y

COHMISSXONERS OF LEE COUN’IY, FLORIDA does by this Resolution

claim all of raid lands and accretions thereto for the use

and benefit of the public for public pucposes.,

DONE ANR ADOPTED this dday of ,< , u &cL~, 1969.

’ 1

ke~w~y-

q?&bw

&rrr,@w -

c&gy?:$~;~~,,

#h$ku!H*,, t

: ,.,, \ I. . ..’ : 1

’ .;I . .,.*

‘.

*..: .‘

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 COMMISSIONERS OF LEE COUNTY, FLORIDA

(SEAL)

By: Chairman

ATTEST: Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY County Attorney

11

Case 2:07-cv-00228-JES-SPC Document 276 Filed 12/03/07 Page 14 of 18

Case 2:07-cv-00228-JES-SPC Document 276-2 Filed 12/03/07 Page 5 of 10

Case 2:07-cv-00228-JES-SPC Document 276-2 Filed 12/03/07 Page 7 of 10

http://www.youtube.com/watch?v=frrlmChUoVs&feature=player_embedded#!

http://www.youtube.com/watch?v=frrlmChUoVs&feature=player_embedded#!

JACK N. PETERSON

IMAGES OF A FRAUDSTER

Case 2:07-cv-00228-JES-SPC Document 276 Filed 12/03/07 Page 7 of 18

Case 2:07-cv-00228-JES-SPC Document 276 Filed 12/03/07 Page 8 of 18