IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.

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ROBERT E. PLATSHORN Plaintiff, v. UNITED STATES OF AMERICA and ISAAC FULWOOD, JR., CHAIRMAN. IN HIS REPRESENTATIVE CAPACITY, AS CHAIRMAN OF THE UNITED STATES PAROLE COMMISSION, and UNITED STATES PAROLE COMMISSION, and SCOTT T. KIRSCHE, PROBATION OFFICER IN HIS REPRESENTATIVE CAPACITY AS PROBATION OFFICER OF THE UNITED STATES PROBATION OFFICE, and REGINALD D. MICHAEL IN HIS REPRESENTATIVE CAPACITY AS CHIEF UNITED STATES PROBATION OFFICER OF THE UNITED STATES PROBATION OFFICE, and ANTHONY GAGLIARDI, IN HIS REPRESENTATIVE CAPACITY AS PROBATION OFFICER OF THE UNITED STATES PROBATION OFFICE. Defendants. ___________________________________________/ VERIFIED COMPLAINT FOR DECLARATORY RELIEF; ALTERNATIVELY INJUNCTIVE RELIEF OR WRIT OF MANDAMUS OR WRIT OF HABEAS CORPUS Plaintiff, ROBERT E. PLATSHORN (hereinafter, Platshorn or Plaintiff) sues the defendant, UNITED STATES OF AMERICA (hereinafter United States or Defendant or its specific bureau, agency or commission, as may be appropriate, by name) based on and resulting from the actions or omissions, or both, of its Department of Justice, and Isaac Fulwood, Jr., in his representative capacity as Chairman, United States

Parole Commission, and Scott T. Kirsche, Probation Officer in his representative capacity as Probation Officer of the United States Probation Office, and Reginald D. Michael in his representative capacity as Chief United States Probation Officer of the United States Probation Office, and Anthony Gagliardi, in his representative capacity as Probation Officer of the United States Probation Office. As grounds Platshorn states: The Parties 1. Plaintiff, Robert E. Platshorn, is a Florida citizen and resident recently

released from a period of federal incarceration for a sentence imposed by the United States District Court for the Southern District of Florida in Case No. 79-165-CR-JLK. The sentence was comprised of both paroleable and non-paroleable components. 2. Defendant, United States acted or failed to act, as appropriate, through its

Department of Justice, and its Parole Commission (USPC) in executing or carrying out the sentence. 3. The Defendant, ISAAC FULFORD, JR., is sued herein only in his

representative capacity as Chairman, UNITED STATES PAROLE COMMISSION. 4. The Defendant, SCOTT T. KIRSCHE, is sued herein in his representative

capacity as Probation Officer of the UNITED STATES PROBATION OFFICE. 5. The Defendant, REGINALD D. MICHAEL is sued herein in his

representative capacity as Chief United States Probation Officer of the UNITED STATES PROBATION OFFICE. 6. The Defendant, ANTHONY GAGLIARDI, is sued herein in his

representative capacity as Probation Officer of the UNITED STATES PROBATION OFFICE.

7.

The Defendant, UNITED STATES PAROLE COMMISSION, although

an agency of the United States may be required to be separately named and sued so as to be specially joined in these proceedings. See Langston v. Ciccone, 313 F. Supp.56 (W.D. MO. 1970). JURISDICTION AND VENUE 8. This is an action for declaratory relief and, where appropriate, the issuance

of an injunction, or a writ of mandamus (mandamus) or writ of habeas corpus (habeas corpus) directed to the USPC resulting from the continuing action by attempting to subject Platshorn to their jurisdiction and parole and other supervisory release conditions despite Platshorns being released from supervision on May 6, 2011, via issuance of a Certificate of Early Termination by this commission. Platshorns parole and supervisory release terms and conditions successfully terminated without incident on May 6, 2011, but the USPC ignored and continues to ignore repeated requests by the Plaintiff to formally acknowledge the conclusion and expiration of his parole, and continues to attempt to exercise parole and other supervisory release authority over the Plaintiff. 9. This court has jurisdiction over the matter pursuant to Title 18 United

States Code, sections 1331; The All Writs Act, Title 28, United States Code; and Title 28 United States Code, section 2241. 10. Venue is proper in the Southern District of Florida based upon (i) the

Plaintiff residing in this district after final release from the non-parole-able component of his sentence on September 26, 2008, (ii) the USPC maintain officers conducting parole and other supervised release activities in this district, and (ii) the USPC has specifically

assigned a United States Probation/Parole Officer to conduct parole and other supervised release activities on the Plaintiff in this district. Allegations of Fact as to All Counts 11. On May 23, 1980, Plaintiff was sentenced to consecutive paroleable

sentences totaling 31 years. As a result of an earlier sentence Plaintiff had a total of 31 years, one month and five days that was subject to the parole provisions commencing on April 18, 1980 with entitlement to 231 days of jail credit. 12. Also on May 23, 1980 the same court sentenced the Plaintiff to a single

thirty-three (33) year non-paroleable sentence for participating in a Continuing Criminal Enterprise (CCE) which was to be served consecutive to the parole-able sentences. 13. The Plaintiffs sentences were imposed prior to the enactment of the

Sentencing Reform Act of 1987, as a result of which the provisions of Title 18 United States Code, sections 4161-4166 and 4201-4218, repealed, Pub.L. 98-473, Title II, sections 218(a)(4) and 218(a)(5), Oct.12, 1984, 98 Stat. 2027, remain applicable to calculating good time deductions and parole for Plaintiffs sentences. 14. On May 23, 1980, the Plaintiff was originally sentenced. The date

supervision by the United States Parole Commission began was on September 26, 2008. It was reflected in a document entitled, Certificate of Early Termination. See Exhibit 1. 15. Plaintiffs Certificate of Early Termination was delivered to Plaintiffs

Supervising Officer, Anthony Gagliardi, on May 6, 2011. The document provided by the United State Parole Commission clearly states [b]y this action, you are no longer under the jurisdiction of the U.S. Parole Commission. See Exhibit 1.

16.

Since the Plaintiffs final, full term release from custody on May 6, 2011,

one or more officers of the USPC have endeavored to exercise jurisdiction over the Plaintiff by enforcing terms and conditions of parole and supervisory release. Respectfully the Plaintiff complied under protest and reserving all rights to seek the relief now requested from this court. 17. The U.S. Parole Commission, through Officer Scott T. Kirsche, has

recently ordered that Mr. Platshorn is no longer allowed to travel or associate with Irving Rosenfeld. 18. Mr. Kirsches preventing Mr. Platshorn from traveling is resulting in

immediate irreparable harm to Mr. Platshorn. Mr. Platshorn has numerous events coming up which provide necessary income to Mr. Platshorn. If these upcoming events are missed, Mr. Platshorn will have no means of recovering that income, approximately Four-thousand dollars to date. The continuation of the Parole Commissions exercise of jurisdiction will increase the amount of loss Mr. Platshorn will incur. 19. Further the order to not associate with Mr. Rosenfeld violates Mr.

Platshorns First Amendment Right to freely associate with whom he wishes. Mr. Rosenfeld is neither a known criminal or convicted felon. 20. The Defendant probation office letter/demand is both (i) Unlawful because

it is an assertion by the Government without jurisdiction, and (ii) an attempt to falsely imprison Mr. Platshorn. 21. Officer Kirsche alone or with others has conspired to and has effectively

ceased Robert Platshorns political activities for the legalization of Medical Cannabis Nationwide.

22.

The Silver Tour is Robert Platshorns internationally acclaimed non-profit

organization that is instrumental in educating seniors on the proven medical benefits of Cannabis, including its legality in 17 States plus Washington D.C. 23. Robert Platshorn is President and Managing Director as well as the

primary spokesperson for The Silver Tour. 24. Officer Kirsche alone or with others has caused virtually all Silver Tour

activities to cease by forbidding travel to political, press, and educational events. 25. Officer Kirsche alone or with others has quelled Mr. Platshorns political

connections by preventing his association with outspoken political and Federal Cannabis patient Irving Rosenfeld. 26. Officer Kirsch alone or with others has conspired to tarnish Mr.

Platshorns name and causing a violation by reporting to the USPC that Mr. Platshorn traveled without permission, without contacting Mr. Platshorns prior supervising officer Defendant Anthony Gagliardi. The United States Parole Commission and Mr. Kirsche have also denied all requests by Mr. Platshorn or any of his listed attorneys to contact Anthony Gagliardi. 27. Officer Kirschs actions may result in imprisonment of Mr. Platshorn

thereby causing irreparable harm to Mr. Platshorn. 28. Defendant Gagliardi is suffering from various illnesses and may soon

pass, and it is necessary to preserve Mr. Platshorns constitutional rights to due process and Brady material that Anthony Gagliardi be required to appear before this Court, or undersigned be permitted to depose, or deliver interrogatories to Defendant Gagliardi.

29.

All conditions precedent, if any, necessary to bring this action have been

satisfied or waived by the Defendants. 30. Plaintiff is in doubt as to his rights regarding the full and final expiration

and successful termination of parole and supervisory release under the terms of his sentence, the Certificate of Early Termination, and the jurisdiction and authority of the defendants, including the defendant, USPC. Count I The Basis for Declaratory Relief 31. The allegations of paragraphs 1 through 30 are re-alleged and incorporated

herein by reference as though set out haec verba. 32. There exists a controversy in dispute between the Plaintiff on the one

hand, and the defendants on the other hand over the expiration and successful termination of Plaintiffs parole and the jurisdiction or authority of the defendants to impose and enforce on the Plaintiff terms and conditions of parole and other supervisory release. The Plaintiff contends that parole, and supervision which commenced on September 26, 2008, based on the defendants own admission, was terminated early and expired and terminated on May 6, 2011. The defendants, especially the defendant, USPC contend that Plaintiff is subject to their parole jurisdiction and authority for some unannounced, unarticulated and unspecified additional period of time and reasons and lawful basis, and continues to endeavor to exercise supervisory authority over the Plaintiff as though he were legally subject to such terms, conditions and authority. 33. Plaintiff seeks the declaration of this court in declaring the rights of the

Plaintiff and particularly declaring that:

(a)

The Defendant probation office letter/demand is both (i) Unlawful

because it is an assertion by the Government without jurisdiction, and (ii) an attempt to falsely imprison Mr. Platshorn; (b) the Plaintiff was released on parole by the defendants own action

on September 05, 1991 nunc pro tunc to August 29, 1989; (c) (d) the Plaintiffs period of parole commenced on September 26, 2008; Plaintiffs parole expired and terminated successfully without

incident on May 6, 2011, pursuant to the Certificate of Early Termination. Exhibit 1; (e) Plaintiffs release to the community from all custody imposed

pursuant to the May 6, 2011, letter and Certificate of Early Termination terminated the defendants jurisdiction and authority over the Plaintiff, including parole and other supervisory release authority and jurisdiction. WHEREFORE, the Plaintiff, Robert E. Platshorn requests the entry of a final decree from this court declaring that: (a) the Plaintiff was released on parole by the defendants own action

on September 05, 1991 nunc pro tunc to August 29, 1989; (b) (c) the Plaintiffs period of parole commenced on September 26, 2008; Plaintiffs parole expired and terminated successfully without

incident on May 6, 2011, pursuant to the Certificate of Early Termination. Exhibit 1; (d) Plaintiffs release to the community from all custody imposed

pursuant to the May 6, 2011, letter and Certificate of Early Termination terminated the defendants jurisdiction and authority over the Plaintiff, including all parole and other supervisory release authority and jurisdiction

(e)

Plaintiff is entitled to such other specified relief to be included in

the courts final decree that is just and proper in this cause; (f) (g) the costs of this action be taxed against the defendants; the defendants pay the Plaintiffs attorneys fees pursuant to the

Equal Access to Justice Act, Title 28, United States Code, and as may otherwise be allowed by law. COUNT II Alternative Relief in the Event the Defendants Do Not Comply With This Courts Declaratory Judgment as Requested by the Plaintiff; Injunctive Relief or Writ of Mandamus or Habeas Corpus

34.

The allegations of paragraphs 1 through 30 are re-alleged and incorporated

by reference as though set forth haec verba. 35. The Plaintiff is being irreparably harmed with no adequate remedy at law,

which requires immediate and swift action. 36. The courts injunctive order or writ of mandamus or writ of habeas corpus

is required to compel the defendants, especially the defendant, USPC to duly execute, issue and deliver and acknowledge the Certificate of Early Termination, provided to Mr. Platshorn on May 6, 2011, and recognize its formal and final certificate of release from parole or supervised release, as may be appropriate, indicating that the Plaintiff has successfully completed parole at its termination without incident. WHEREFORE, the Plaintiff prays for the final judgment, Injunctive Relief, or writ of mandamus or writ of habeas corpus:

(a)

enjoining the defendants, especially the defendant, USPC from

exercising or endeavoring or attempting in any other manner to exercise parole or other supervisory release jurisdiction or authority over the Plaintiff, any violation of which to suffer the contempt of this court; or (b) enjoining the defendants, especially the defendant USPC, and

Officer Kirsche, from preventing Mr. Platshorn from travelling; (c) enjoining the defendants, especially the defendant USPC, and

Officer Kirsche, from preventing Mr. Platshorn from associating with Irving Rosenfeld; (d) by writ of mandamus directing the defendants, especially the

defendant, USPC to duly execute, issue, deliver and acknowledge the Certificate of Early Termination, issued on May 6, 2011, and issue to the Plaintiff its acknowledgement of formal and final certificate of release and termination of parole, indicating that the Plaintiff has successfully completed parole or supervised release, as may be appropriate, at its termination without incident on May 6, 2011, any violation of which to suffer the contempt of this court; (e) by writ of habeas corpus directing the acknowledgement of final

discharge or final discharge of the Plaintiff from the processes, jurisdiction, supervisory release and other conditions and terms of parole and supervisory release the defendants, especially the defendant, USPC otherwise may lawfully exercise; (f) (g) taxing the costs of this action against the defendants; requiring the USPC to reimburse Mr. Platshorn for lost income;

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(h)

requiring the defendants pay the Plaintiffs attorneys fees pursuant

to the Equal Access to Justice, Act, Title 28, United States Code, and as may otherwise to allowed by law; (i) just in this cause. VERIFICATION STATE OF FLORIDA COUNTY OF PLAM BEACH ) )ss ) including in its final judgment such other and further relief as is

I, Robert E. Platshorn do hereby declare that the following statements are true and correct: 1. I have read a copy of the attached complaint for declaratory relief filed in my behalf. 2. I have personal knowledge of the facts contained in the complaint, with the exception of those facts that are alleged to be on information and belief, if any; 3. The allegations contained in the complaint are true and correct to the best of my knowledge. Sworn to and subscribed before me this ____ day of June, 2012. _________________________________ Robert Platshorn _______ Personally Unknown _______ Provided ________________ as identification My commission expires: __________________________________ Notary Public State of Florida at Large

DATED: June ___, 2012 Respectfully submitted, s/Michael C. Minardi MICHAEL C. MINARDI, ESQUIRE Florida Bar No.: 0568619 300 Colorado Ave.

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Suite 204 Stuart, FL 34994 Telephone No.: (772) 463-6571 Facsimile: (954) 827-0553 Email: Michael@MinardiLaw.com Website: www.MinardiLaw.com Of Counsel: Tifford and Tifford, P.A. 1385 NW 15th Street Miami, FL 33125-1621 Telephone No.: (305) 545-7822 Email: tiffordlaw@bellsouth.net Dennis J. Cogan, Attorney At Law 2000 Market Street, Suite 2925 Philadelphia, PA 19103 Telephone No.: (215) 545-2400 Website: www.Denniscogan.com

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