I was asked to add in all of the court document links. The rest of the case links will be added when I find them.
Slightly internet conversion marred PDF (Adobe Acrobat) version of the Florida Supreme Court case (4d-01-2088) against 4th DCA Judge Martha C. Warner. This case was thrown out by a clerk because it was “similar” to the cast net case (SC-2087 above).
After losing my home and boat to the Net Limitation Act by 1996, I was falsely arrested by FWC Officer Kenneth Norris, whom measured my cast nets contrary the Constitution, statutes, codes and his orders. After Norris failed to coerce my JV son to participate in a dangerous night time entrapment scheme to lose the false charges, he falsified my citation after I signed it. Norris then confiscated my legal nets which represented my only way to make a living. 17 days later, I provided Norris with the laws proving my innocence, but he refused to drop charges. Even the State Attorneys notes, which I obtained, agreed that I was innocent. Norris somehow persuaded the State Attorney to keep prosecuting my case, yet refused to show at 7 straight court dates. On one court date, Norris informed the court that he had to be out of town, but his own partner, Steve Lecas, said that Norris lied and simply stayed home.
Judge Barry Cohen threatened Norris with contempt of court if he didn’t show for the 7th court date, so Norris wrote a note to the court to, Give the nets back to Mr. Grix.(Which he couldn’t have done if they were contraband.) One hour after the case dismissal on 9/30/96, Supreme Court Justice Harry Anstead informed me that, You should have never been arrested. SC85,880 protects ALL fishermen from further restrictive measurements. He also stated that, Some head honcho in Tallahassee must be making up his own laws. Your arrest was a shame. I proceeded to the Jupiter FWC Station to pick up the ordered return of my nets, where FWCs Lt. Hamilton stated: I dont care what the Supreme Court said, you throw those nets again, Ill arrest you. I was forced to use a 12 1/2 stretch foot cast net for 3 1/2 years by the FWC, losing a state verified 42 of my income due to their lawlessness, and a 20 loss of income since 11/07/99 – when the FWC changed the net to 14 stretch feet. I prevailed on this same issue in April of 1999 before Governor Bush and the Cabinet, but the FWC refused to obey the Governor, still threatening to arrest me. Due to FWC threats and their refusal to take my name off the arrest list, with 1 day left on the Statute of Limitations, I filed suit. I was then followed, harassed, and one day my computer mysteriously only lost all FWC data while I was out fishing.
Meanwhile, I appeared at the trials of 2 fishermen, Jack Von Der Ohe and Pete Smimo, as an expert witness for the defense. Norris was once again the arresting officer, and the charges were the same charges Norris charged me with years earlier. Norriss own expert witness, FWC Captain Allan Richards, claimed Norris was wrong, and the men were declared innocent. The FWC still threatened me with arrest if I used my legal nets! Even FWC Commander, Colonel Edwards, declared the cast net law was wrong, yet I have never been allowed to fish with them again.
In 2001, my case proceeded to the 4th DCA, and Chief Justice Martha C. Warner did all of the speaking for the tribunal. Warner failed to disclose that her husband was the Solicitor General of Florida running for Attorney General on an FCA (CCA) platform as the FCA(CCA) Legislator of the Year. Read about her disgusting behavior and violation of law after law as she claimed that Officer Norris was at all times acting within the color of the law in my case…Therefore, granting him qualified immunity and throwing the case out. See: SC02-2088 link at the top of this page.
Color of law could NEVER describe Norriss actions. Norris was never a named plaintiff in the case, nor was he being sued! To ignore the FWCs 6 years of abuse, Judge Warner claimed qualified immunity precludes liability. Judge Warner also intentionally applied retroactively, a law made made by the FWC 3 1/2 years after my arrest, to grant the FWC officer “qualified immunity.” (Ex-post facto law is constitutionally prohibited.) The same Chief Justice, Harry Anstead, whom told me how wrong just the arrest was in 1996, turned a blind eye when my cases reached Floridas Supreme Court in 2002. By then far more FWC abuses had taken place in my life. Governor Bush told the FWC to look into my complaint, and internal investigator Kevin Vislocky was assigned to my case. After being shocked to hear about the amount of evidence I had in my possession on a 30 minute phone call, Vislocky soon after refused to look at it. (There is evidence that a death threat within the FWC had an offshoot effect on Vislockys decision to refuse to look at my evidence.) Since then, my 7 taped court transcripts have since mysteriously vanished from the ultra secure PBC Court House according to transcript manager David Hussey.
Footnote: I was the only fisherman in Florida to go to college and retrain for voter promised, state job hiring priority for victims of the Net Limitation Act. FS 370.27 (Its still law) After winning numerous awards and graduating from Florida Atlantic University with two B.S. Degrees in 1998, It took me 10 years to receive my first state interview, despite only applying for entry level positions that I was perfectly qualified for, and being the ONLY fisherman in Florida to use the statute to attempt to obtain a position. (The interview was a success. 😉
If this happened to you and many of the citizens that you knew, would you give up? Or would you fight like an American? It is my wish that you, the reader, will join us and make a stand with our hundreds of members to rid Florida and America of this constitutionally corrupt agency. Our environment, economy, citizens and freedoms cannot afford this agency to continue it’s path of constitutional destruction. Sincerely, David Grix