Professional Documents
Culture Documents
Petitioner respectfully petitions this Court for a writ of certiorari to review the judgment below.
OPINIONS BELOW
The Florida Supreme Court (FSC) issued its one-page order denying review on December 20, 2018. A
The 3rd District Court of Appeal of Florida (3DCA) affirmed on November 7, 2018, without opinion,
case=9432081961222769159&q=HARMONY+HEALING&hl=en&as_sdt=4,10 -SPATARU v.
HARMONY HEALING CENTER, No. 3D18-30 (Fla. Dist. Ct. App. Nov. 7, 2018). A copy is attached
at Appendix C. Appendix B shows the 3DCA's one-page order denying rehearing and written opinion; I
The Circuit Court of Monroe County (CC)'s Judge Koenig ordered the dismissal of Notice of Appeal,
thus of my claim, which was filed on March 28, 2017. He should have offered me to correct the issues
with my Notice of Appeal. I appealed to 3DCA (late because the CC sent the dismissal letter to my old
address even though CC new my new address). A copy of the dismissal is attached at Appendix D. I
The Small Claims Court of Monroe County (SCC)'s Judge Ptomey dismissed my claim due to lack of
proper cause of action and of jurisdiction regarding malpractice, thus, I continued in the CC by
JURISDICTION
This petition is timely filed. The Florida Supreme Court, the highest state court, issued its one-page
The jurisdiction of this Court is invoked under 28 U.S.C. § 1257(a). My questions and case are of
U.S. Const. Amend. XIV, sec. 1: All persons born or naturalized in the United States and subject to the
jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall
make or enforce any law which shall abridge the privileges or immunities of citizens of the United
States; nor shall any State deprive any person of life, liberty, or property, without due process of law;
nor deny to any person within its jurisdiction the equal protection of the laws.
U.S. Const. Amend. IV: It guarantees “The right of the people to be secure in their persons”.
U.S. Const. Amend. IX: Protects rights not enumerated in the Constitution.
U.S. Const. Amend. I: It guarantees the freedom of speech, the right to petition the government.
42 U.S.C. § 1983 - Reconstruction Civil Rights Act: “Every person who, under color of any statute,
ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects,
or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof
to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be
VALENTIN SPATARU vs HARMONY … - SCOTUS 03/18/19, page 3
liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.”
crime for one or more persons acting under color of law willfully to deprive or conspire to deprive
another person of any right protected by the Constitution or laws of the United States.
34 U.S.C. § 10228 - Prohibition Against Discrimination - on ground of race, color, sex, or national
42 U.S.C. § 12131, et seq. - Prohibition Against Discrimination, Title II of the Americans with
34 C.F.R. Part 104.4 - Section 504 of the Rehabilitation Act of 1973: It prohibits discrimination
against people with disabilities in programs that receive federal financial assistance.
The United Nations' Universal Declaration of Human Rights forms part of customary international
law, thus applies in my case, as I am citizen of Romania, UE, too, beside the USA - and includes:
Article 3. Everyone has the right to life, liberty and security of person.
punishment.
Article 8. […] the right to an effective remedy by the competent national tribunals
board or department.
medical services in a facility licensed under chapter 395, a health care practitioner shall provide, in
writing or by electronic means, a good faith estimate of reasonably anticipated charges to treat the
patient’s condition at the facility. The health care practitioner shall provide the estimate to the patient
within 7 business days after receiving the request and is not required to adjust the estimate for any
potential insurance coverage. The health care practitioner shall inform the patient that the patient may
contact his or her health insurer or health maintenance organization for additional information
concerning cost-sharing responsibilities. The health care practitioner shall provide information to
uninsured patients and insured patients for whom the practitioner is not a network provider or preferred
provider which discloses the practitioner’s financial assistance policy, including the application
process, payment plans, discounts, or other available assistance, and the practitioner’s charity care
policy and collection procedures. Such estimate does not preclude the actual charges from exceeding
the estimate. Failure to provide the estimate in accordance with this subsection, without good cause,
shall result in disciplinary action against the health care practitioner and a daily fine of $500 until the
estimate is provided to the patient. The total fine may not exceed $5,000 [which is too low for today's
INTRODUCTION
Petitioner will be referred to as ”Petitioner”, or ”I” as I, the Petitioner myself, will have written this.
Respondent, Appellee or Defendant below, and its lawyers or attorneys will be referred to as
I, the Petitioner, brought an action for damages in the Small Claims County Court of the 16th Judicial
Circuit, in and for Monroe County, (SCC) alleging that the Respondent was negligent or malicious or
abusive or corrupt. SCC's Judge Ptomey dismissed my claim due to no properly written cause of action
and to lack of jurisdiction regarding malpractice, thus, I appealed to continue in the CC which had
jurisdiction regarding malpractice. CC's Judge Koenig dismissed my claim due to failure to comply
initially with what must be written in the Motions, which I appealed to 3DCA. 3DCA dismissed on
February 12, 2018, my appeal as untimely filed but, after my motion for rehearing, on March 16, 2018,
3DCA vacated its order and heard my case. However, on November 7, 2018, 3DCA affirmed the CC's
dismissal even though it was in conflict with the decisions of this Court in Hazel-Atlas Glass Co. v.
Hartford-Empire Co., 322 U. S. 238, 248, which stated that courts must exercise their equity powers in
order to “relieve hardships … aris[ing] from a hard and fast adherence” to more absolute legal rules.
“Mere neglect or inadvertence in complying […] is rarely enough to justify dismissal.” See
Commonwealth Fed. Sav. and Loan Ass'n v. Tubero, 569 So. 2d 1271, 1273 (Fla. 1990). Moreover, “an
"informal brief" filed after a defective notice of appeal counted as a valid notice of appeal. Smith v.
Barry, 502 U.S. 244, 248.” Gonzalez v. Thaler, 132 S. Ct. 641. I appealed to FSC but FSC denied
review.
VALENTIN SPATARU vs HARMONY … - SCOTUS 03/18/19, page 6
Respectfully, I ask the Court to accept my motions, forms, pleadings, and other communications as
they are or assist me in correcting them. Indeed, due to the mental injuries that in part, ~10%, the
Respondent caused or aggravated, such as depression, anxiety, headaches, memory problems, lack of
brain energy, concentration and attention, and other undiscovered yet issues, I am not able anymore to
read and memorize all the rules of procedures promptly and completely. Furthermore, I have no money
to hire lawyers for my case because my injuries stop me from keeping a job that would provide income
for me to pay the lawyers' fees. In addition, I can not find an attorney to help me with this case on a
contingency basis due to the many work-hours needed compared to the low income potential for an
attorney. Consequently, for proper justice and civilization and for the progress of our states and
country, and even other countries, urgently, please create a new Public Office with a name such
as “Public Civil Attorney Assistance for Mentally Injured Persons”, that must offer - free or for
credit or loan given from the public budget - professional, independent legal help in civil cases to
victims like me and others who became brain-impaired and do not have anymore the necessary
mental capacities promptly and completely to study, understand and memorize the Laws and
Please allow me to file all my future documents by using the Court's electronic system to save valuable
1. At all times material hereto, Harm., Respondent, Defendant below, was owned by Lindsey Levy, was
a provider of chiropractic health care in Key Largo, FL, USA, was licensed to do business in the State
of Florida, has employed licensed chiropractic physicians, and is liable for the acts and
VALENTIN SPATARU vs HARMONY … - SCOTUS 03/18/19, page 7
omissions of its officers, agents, servants and employees committed while in the course and scope of
their employment with Harm., and existed under the laws of the State of Florida and of the USA.
2. At all times material hereto, Respondent Levy was a chiropractic physician, duly licensed to practice
her profession as provided by the laws of the State of Florida, and held herself out to the public, and to
Petitioner as being an expert in providing chiropractic care and treatment, and was engaged in the
practice of her profession in Monroe County, Florida, and was an officer and/or agent, and/or employee
of Respondent Harm., and was acting in the course and scope of her agency and/or employment, so that
Respondent Harm., is vicariously liable for her active negligence or malevolence or corruption in the
3. From 07/03/2013 to 01/23/2014, Petitioner was a patient of Harm. and was lawfully treated at the
4. At all times material, Harm. owed Petitioner a duty to exercise reasonable care in diagnosis, medical
care, consultations, advice and treatment of Mr. Spataru, and failed to exercise that standard of care
5. From around 07/03/2013 to 01/23/2014, Harm. breached its duty of care when Petitioner was applied
excessive force during treatments of his previous injuries. Harm. was negligent and careless or
malevolent or corrupt. Harm. knew, or in the exercise of reasonable care should have known, that
the Petitioner was not able to sustain excessive force during treatments.
6. As a direct and proximate result of Harm.’s negligence or malevolence or corruption of the duty of
care owed to the Petitioner as aforesaid, the Petitioner suffered severe permanent physical and
emotional injuries, sustaining fractures of multiple cartilages, sprains of multiple joints and muscles,
recurring headaches, the loss of the full function of his right arm and shoulder, left hip, upper back.
As a result of his injuries, Petitioner endured having periodic treatments; he experienced pain and
suffering therefrom; suffered physical handicap, disability, mental anguish, loss of past earnings, loss of
VALENTIN SPATARU vs HARMONY … - SCOTUS 03/18/19, page 8
earnings and earning capacity in the future, aggravation of preexisting injuries and conditions,
inconvenience, loss of capacity to enjoy life; and all of the elements of damages allowed under Florida
law. All of these injuries are permanent and continuing in nature. As a result of the injuries, Petitioner
has endured having treatments for his injured areas for which he continues to suffer; has incurred
medical expenses in the past and will continue to incur such expenses in the future. Please order all
healthcare providers, including Levy, owner of Harm., and her current or former employees who
injured me, to have annual psychiatric evaluation to avoid any future harm to patients. In addition,
please request all to install video cameras in all rooms to film all treatments to prove any wrongdoing.
-upper back issues, when Lindsay Levy (L.), licensed chiropractor, pushed too forcefully and too fast
my upper vertebral joints of my spinal column thus she caused permanent damage of the cartilages,
ligaments and tendons, which manifests as alarming pain inside an upper vertebral joint after carrying a
regular laptop backpack for only 20' on my back; when a licensed Massage Therapist, whose name I do
not remember, pulled my shoulders' bones in my back (scapulae) too forcefully and too long thus she
caused permanent damage of the ligaments and tendons, which manifests as pain and cramps in the
-right elbow issues, when Lindsay Levy, licensed chiropractor, during the treatment of the annoying
inflating sensation in my right elbow, pushed too forcefully and too fast my right elbow joint thus she
fractured the cartilage and elongated ligaments and tendons, injuries which manifest as scary pain
inside the joint during even only one push-up; when Sharon V. Gerstmann, licensed Massage Therapist
since 2006, pressed too forcefully on the tissues below my right elbow thus she caused permanent
damage of the ligaments and tendons, which manifests as scary pain after carrying a regular laptop
-right shoulder issues, when Lindsay Levy, licensed chiropractor, during the treatment of the annoying
VALENTIN SPATARU vs HARMONY … - SCOTUS 03/18/19, page 9
inflating sensation, pushed too forcefully and too fast my right upper arm toward my shoulder joint
thus she elongated ligaments and tendons, injuries which manifest as scary pain in the shoulder area
during activities;
-left hip issues, when Lindsay Levy, licensed chiropractor, pushed too forcefully and too fast my left
hip joint thus she fractured the cartilage and elongated ligaments and tendons, which manifest as pain
after riding my bicycle for 2 miles at average speed. Truly, after I, shocked by the termination of my
treatment by Dr. Levy even though I was still in pain, requested her to continue treating me, she said
that she would give me one more session. During that last session, while I was lying in complete
relaxation and trust, she pushed too forcefully and intentionally my left leg, which worsened old and
8. Petitioner still suffers from the injuries. Indeed, unfortunately, due in part, ~10%, to Harm., I
have not been able to maneuver and control a sailboat anymore, which was my main business at the
time of the incidents; I have not been able to keep other physically demanding jobs; I have not been
able to get an office or other job due to my mental issues; thus I have had no proper income for a
normal, decently comfortable life. In addition, the quality of my life has diminished abruptly and
diabolically severely because I have not been able anymore without pain to row even only my small
8.5' tender boat against a current caused by even only 15 mph wind to reach my live-aboard sailboat
where I should get every night in order to sleep, sailboat which is anchored only 100 yards from shore
in the small, 1 mile wide, thus more protected, Tarpon Basin in Key Largo, FL; I have not been able
anymore without pain to climb even only 4' to get on my sailboat from my tender boat, and properly
swim, snorkel, ride a bicycle, do aerobic or weight lifting exercise, dance or backpack. I have to stop
operating and living in a boat. I cannot fulfill any longer my plan to sail to Hawaii, Tahiti, Seychelles,
9. In consequence, when, because the required effort is too much for my weakened body, I am not
able to row to my anchored boat where I sleep, I have to sleep in overfilled rooms at stressful, noisy
and poorly run and maintained homeless shelters at Miami Rescue Mission (for example, the shower
water is too hot, the restroom has no proper ventilation, there is no refrigerator, there are up to 24
people in one room, which is too much for proper relaxation, meditation, sleep and recovery), Miami
Salvation Army (for example, they use the speakers to make very loud announcements even at 12
midnight, therefore, the sleep is not relaxing; in addition, they gave me a bed on top of another bed
even though I told them it would be painful for me to climb due to my injuries, and I am not allowed to
stay inside between 8:30AM and 5PM), Marathon Independence Cay (for example, the shower water
does not drain properly, the restroom has no proper ventilation, the refrigerator does not have enough
space, there is no locker thus a dishonest roommate stole my phone during one night, I am not allowed
to stay inside between 8:30AM and 6PM, there are up to 6 people in one small room, which is too
much for proper relaxation, meditation, sleep and recovery) or Key West SHAL (for example, years
old, open snack bags were thrown behind the 50 foot long, commune, platform bed; dirty clothes which
smell toxically are allowed inside, I am not allowed to stay inside between 8:30AM and 6PM, and the
shower water is too hot); if the shelters have no bed, I have to sleep in my car which is not healthy and
restful, plus it is dangerous as I received even death threats from an unknown person once. Please
request the CDC and DOH to build enough healthy and safe health recovery houses with maximum two
persons per room, to audit all the health recovery houses/shelters and to install a suggestion box at each
10. In addition, Harm. took advantage of my trust, overcharged and received unfairly from GEICO
punitive payment for my pain and suffering which she caused me by her abusive and dishonest charges,
for a partial total of $12,059. 18. To stop future abuses, please order all health care providers, including
VALENTIN SPATARU vs HARMONY … - SCOTUS 03/18/19, page 11
Harm., to give the clients a copy of the costs and keep one copy with their signatures for receiving it.
11. Furthermore, L. knew that I would need knee surgery and that the chiropractic and massage
sessions would not heal my knee but she didn't tell me because she wanted to get all the money
available from GEICO. Thus, Harm. must return to me $3,000 and pay me $9,000 (=$3,000*3) as
punitive payment for my pain and suffering which she caused me by her greed, for a partial total of
$12,000. To stop future abuses, please order all chiropractors, including Harm., to post on each door at
and in the clinics posters showing the healing limits of the chiropractic and massage treatments in
12. Moreover, each treatment session included on average only around one minute (too quick) of
chiropractic adjustments then cold pack or heat pack or both, and a 45 minute therapeutic massage.
However, Harm. asked me to sign only once for each visit, and not once for each procedure of the
treatment during a visit. Please order all health care providers to request the patients to sign for each
procedure provided and to write the period of time that each procedure lasted.
13. Harm. is part of local or regional conspiracy which causes accidents and injuries or other abuses
to people so that some service providers such as some attorneys, insurance brokers or agents, doctors
and other health care providers make more money or receive other benefits or kickbacks; and
employees of public institutions are corrupted and used. Indeed, the CC in Mo. Co. had a corrupt
interest and they sent their dismissal order wrongly and abusively to my old, previous address, and their
order was lost. Please request FBI to investigate, prosecute and stop the abusive local or regional
conspiracy.
14. Indeed, Harm. battered me by intentional harmful contact, and I have proved the essential
elements of battery: 1. Harm. intentionally did acts which resulted in harmful contacts with me; 2. I did
not consent to the harmful contacts by Harm.; 3. The harmful contacts by Harm. caused injury,
15. In addition, Harm. caused me intentional infliction of emotional distress (IIED), and I have
proved the essential elements of IIED: (1) Harm's extreme and outrageous conduct with either the
intention of, or reckless disregard for, causing emotional distress, (2) my having suffered severe or
16. Monroe County Circuit Court dismissed with prejudice my NOA, thus my claim, for failure to
comply with what must be written in the Motions, thus, affirming the prior and encouraging future
cruel and undue punishment; and even though I wanted and want to correct the issues. For patients to
know the complex rules to sue for malpractice, please require all service providers, including health
care ones, to give all patients a copy of the outline of the procedure to sue for malpractice, ask the
patients to sign for receiving it, and keep their signatures to prove that they have received it. In
addition, please order all Courts to offer professional, independent legal help, free or for credit or loan
given from the public budget, in civil cases to victims like me, who cannot prove their complaints
themselves promptly because they lack the necessary mental skills after an injury. Furthermore, please
assign my case to an independent Health Court in a city where conspirators and abusers can not
manipulate the Court to their advantage; a Court with Judges or Jurors with accredited studies in the
medical sciences and who are up on the latest research. “Health courts are … specialized courts for
handling medical malpractice claims. They are characterized by the use of specially trained
currently exist in New Zealand and Scandinavia, and limited programs also operate in Florida” -
https://www.wikiwand.com/en/Health_court , 2018.
1. If a Court dismisses a complaint without due process, for failure initially to comply with what must
VALENTIN SPATARU vs HARMONY … - SCOTUS 03/18/19, page 13
be written in the Motions, the Court will affirm the prior and encourage future cruel and undue
punishment. Indeed, many claimants lack the necessary mental skills after an injury promptly and
completely to study, understand and memorize the Laws and Courts' Procedures to prove their
complaints themselves, without assistance from the Legal System, as attorneys will not take many
cases due to their lack of time. The dismissal was in conflict with the decisions of this Court in Hazel-
Atlas Glass Co. v. Hartford-Empire Co., 322 U. S. 238, 248, which stated that courts must exercise
their equity powers in order to “relieve hardships … aris[ing] from a hard and fast adherence” to more
absolute legal rules. “Mere neglect or inadvertence in complying […] is rarely enough to justify
dismissal.” Commonwealth Fed. Sav. and Loan Ass'n v. Tubero, 569 So. 2d 1271, 1273 (Fla. 1990).
Moreover, “an "informal brief" filed after a defective notice of appeal counted as a valid notice of
appeal. Smith v. Barry, 502 U.S. 244, 248.” Gonzalez v. Thaler, 132 S. Ct. 641.
2. If the Legal System does not offer professional, independent legal help, free or for credit or loan
given from the public budget, in civil cases to victims who cannot prove their complaints themselves
promptly because they lack the necessary mental skills after an injury, and when private attorneys will
not take their cases due to lack of available time, then the victims will not be able to prove their claims,
thus will not be compensated, and the perpetrators will not be punished, thus will be encouraged to
cause suffering to more persons, thus to vitiate and impair our communities and even kill. We need to
stop and treat all offenders ASAP to prevent any future harm to anyone else.
CONCLUSION
Respectfully submitted,
VALENTIN SPATARU vs HARMONY … - SCOTUS 03/18/19, page 14
Valentin Spataru
APPENDICES
Appendix B – 3DCA issued its one-page order denying rehearing and written opinion
VALENTIN SPATARU vs HARMONY … - SCOTUS 03/18/19, page 17
Appendix C - 3DCA issued its one-page order affirming the order below
VALENTIN SPATARU vs HARMONY … - SCOTUS 03/18/19, page 18
Appendix D - CC's Judge Koenig dismissed my first claim due to failure to comply
CERTIFICATE/PROOF OF SERVICE
I HEREBY CERTIFY that, on 03/18/19, a copy of the foregoing Petition for Writ of Certiorari and
VALENTIN SPATARU vs HARMONY … - SCOTUS 03/18/19, page 20
a copy of the Motion for Leave to Proceed In Forma Pauperis (with attached affidavit) in the above-
entitled case, and a copy of this Certificate, were sent via e-mail, as before, to the Attorney for the
defendant, Thomas E. Dukes III, at McEwan, Martinez, Dukes & Hall, P.A.,
Phone: 407-423-8571
Fax: 407-423-8637
https://www.myflcourtaccess.com/. I further certify that all parties required to be served have been
served.