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 'Ted' Theodore Lewis Whidden

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     Exposing Fraud and Deception to protect the public good.

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IN THE CIRCUIT COURT OF THE 14th

JUDICIAL CIRCUIT IN AND FOR

JACKSON COUNTY, FLORIDA

CASE NO: 15-276CF

State of Florida

                v.

Theodore L Whidden

                Defendant.

_______________________________/

 

 SEQ CHAPTER \h \r 1 NOTICE OF GROSS NEGLIGENCE

 

CRIMINAL NEGLIGENCE

 

 

 

                This filing of GROSS NEGLIGENCE (CRIMINAL NEGLIGENCE) with intent to pursue punitive damages if and when these reckless hooligans get finished playing games is filed “Pro Se” by an abused member of the public, Theodore L Whidden, who has been unjustly charged, pursued, and harassed by an incompetent and crooked legal conspiracy as outlined in RICO Act filings and others.  This first filing for GROSS NEGLIGENCE will be followed up by a listing of several of the cited actions/inactions of GROSS NEGLIGENCE and incompetence by the States Attorney office, Public Defender’s office, Jackson County Sheriff’s Office, and others involved in this Criminal Conspiracy.

According to Florida Code 768.72 regarding Negligence, Specifically Gross Negligence it states at the end of Part 1, “No discovery of financial worth shall proceed until after the pleading concerning punitive damages is permitted.”

                The STATE by way of the States Attorney office and Court have no right, nor reason to be auditing the Defendant’s financial position.  The mere discussion is misplaced and clearly Negligence bordering on severe incompetence.  Meanwhile, access to financial records and presentation to this Court is a violation of Law, Violation of U.S. Civil Rights, Violation of Rules of Advocacy, and Violation of Rules of Procedure, noting as before the Undersigned Defendant never requested assistance from the State for defense.  Noting also the State unilaterally placed the case under a severely incompetent, lazy, worthless Public Defender Herbert Guy Green who requested and was allowed to have himself removed from the case after his incompetence and crooked nature and practice was exposed. 

                In this action brought by Criminally Negligent officers of the States Attorney office, the Criminally Negligent Public Defender’s office partied in collusion with the each other in a criminally incompetent and negligent action that continues.  I would think as a victim of the two agencies of the State using criminally negligent and incompetent counsel that for now I am substantially better off on my own without these waste products for representation.

                I anticipate the STATE needs to find competent counsel for their position as it is clearly lacking.  The failure of the STATE to employ and direct suitable counsel places undue strain on the public and members of the public to fend off these incompetents.

                I anticipate at each juncture we will observe more criminal mischief from these “attorneys” as they try to cover the trail of their continued ineptitude.

I reserve the right to amend any and all filings as well as bringing additional filings as deemed necessary.  In the meantime this harassment/abuse is costing me substantial hardship financially, physically, and otherwise.

Notification of the Agent signifies notification of the Principal.  Notification of the Principal signifies notification of the Agent.

 

 

CERTIFICATE OF SERVICE

I HEREBY CERTIFY this as a true copy of the foregoing to be delivered to the States Attorney office via their accomplice to their crimes, Larry Birge at the Jackson County Sheriff’s Office.  Attention Ana Maria Garcia, Florida Bar #577162; Laura Wahlquist, Florida Bar #87776

I HEREBY CERTIFY this as a true copy of the foregoing to be delivered to the States Attorney office via their accomplice to their crimes, Larry Birge at the Jackson County Sheriff’s Office.  Attention Glenn Hess, States Attorney

Herman Laramore, Public Defender Bar #131906

Pam Bondi, Attorney General

FBI, Regional Office

Publicly made available.

                                                                                THEODORE WHIDDEN

                                                                                The Victim of the Crimes/Conspiracy

THEODORE WHIDDEN, The Victim of the Crimes/Conspiracy, DEFENDANT in lawful presentation of Jackson County Case No. 15-276CA; 

P.O.Box 158, Chipley, Florida 32428

Phone: 850-685-2353  Email: TedWhidden@gmail.com

 

By:___________________________________________

THEODORE L. (Ted) WHIDDEN

An Abused Member of the Public

                                                                                1/19/2016

 

 


 

 

768.72 Pleading in civil actions; claim for punitive damages.—

(1) In any civil action, no claim for punitive damages shall be permitted unless there is a reasonable showing by evidence in the record or proffered by the claimant which would provide a reasonable basis for recovery of such damages. The claimant may move to amend her or his complaint to assert a claim for punitive damages as allowed by the rules of civil procedure. The rules of civil procedure shall be liberally construed so as to allow the claimant discovery of evidence which appears reasonably calculated to lead to admissible evidence on the issue of punitive damages. No discovery of financial worth shall proceed until after the pleading concerning punitive damages is permitted.

(2) A defendant may be held liable for punitive damages only if the trier of fact, based on clear and convincing evidence, finds that the defendant was personally guilty of intentional misconduct or gross negligence. As used in this section, the term:

(a) “Intentional misconduct” means that the defendant had actual knowledge of the wrongfulness of the conduct and the high probability that injury or damage to the claimant would result and, despite that knowledge, intentionally pursued that course of conduct, resulting in injury or damage.

(b) “Gross negligence” means that the defendant’s conduct was so reckless or wanting in care that it constituted a conscious disregard or indifference to the life, safety, or rights of persons exposed to such conduct.

(3) In the case of an employer, principal, corporation, or other legal entity, punitive damages may be imposed for the conduct of an employee or agent only if the conduct of the employee or agent meets the criteria specified in subsection (2) and:

(a) The employer, principal, corporation, or other legal entity actively and knowingly participated in such conduct;

(b) The officers, directors, or managers of the employer, principal, corporation, or other legal entity knowingly condoned, ratified, or consented to such conduct; or

(c) The employer, principal, corporation, or other legal entity engaged in conduct that constituted gross negligence and that contributed to the loss, damages, or injury suffered by the claimant.

(4) The provisions of this section shall be applied to all causes of action arising after the effective date of this act.

History.—s. 51, ch. 86-160; s. 1172, ch. 97-102; s. 22, ch. 99-225.

 

 

 

Attachments:  Conditional Release noting Item “N” violated

                                August 7, 2015 letter to Court/State/County

 

 

"At the heart of the First Amendment is the recognition of the fundamental importance of the free flow of ideas and opinions on matters of public interest and concern. The freedom to speak one's mind is not only an aspect of individual liberty – and thus a good unto itself – but also is essential to the common quest for truth and the vitality of society as a whole."

Supreme Court Judge Scalia wrote concerning Pope v Illinois

"Just as there is no use arguing about taste, there is no use litigating about it."

Copyright May 2016, All rights reserved by Ted Whidden