LAWSUIT AGAINST JUDGE ANN MELINDA CRAGGS

Judge Craggs

LAWSUIT AGAINST JUDGE ANN MELINDA CRAGGS

COMPLAINT FOR VIOLATION OF CIVIL RIGHTS AND THE AMERICANS WITH DISABILITIES ACT

LAWSUIT AGAINST FIFTH JUDICIAL CIRCUIT FLORIDA 

1. Jurisdiction and venue arise under litigation in the Florida Fifth Judicial Circuit,

Reverse Mortgage Solutions, Inc. v. Neil J. Gillespie et al., case no. 2013-CA-00115, 

Marion Co. Circuit Court, Fifth Judicial Circuit, Judge Ann Craggs presiding.

Plaintiff’s counsel: Curtis Alan Wilson, McCalla Raymer Leibert Pierce, LLC

and the laws and Constitution of the United States, and Florida, including: 

2. Plaintiff Neil J. Gillespie, age 62, is an indigent nonlawyer, unable to obtain adequate counsel, a consumer of legal and court services affecting interstate commerce, a consumer of personal, family and household goods and services, consumer transactions in interstate commerce, a person with disabilities, a vulnerable adult, reluctantly appears pro se, henceforth in the first person, residing at 8092 SW 115th Loop, Ocala, Marion County, Florida 34481.

3.     Defendant FIFTH JUDICIAL CIRCUIT FLORIDA is a state court of original jurisdiction, with main administrative offices in Ocala at the Marion County Judicial Center, 110 N.W. 1st Avenue, Ocala, FL 34475

7.      Defendant ANN MELINDA CRAGGS, Circuit Court Judge, and Individually, Marion County Judicial Center, 110 N.W. 1st Avenue, Third Floor Courtroom 3B, Ocala, FL 34475 

8. My Florida residential homestead has been in foreclosure on a federal Home Equity Conversion Mortgage, or HECM, a Federal Housing Administration (FHA) "reverse" mortgage program administered by the Secretary, United States Department of Housing and Urban Development (Secretary or HUD) to enable home owners over 62 years old access the subject home's equity. 12 U.S.C. § 1715z20 et seq. and 24 C.F.R. Part 206. The record shows substantial violations of the HECM rules by the HUD-approved lender and lender parties. This foreclosure was filed January 9, 2013 and is entering its sixth year in the Florida Fifth Judicial Circuit, see.

Reverse Mortgage Solutions, Inc. v. Neil J. Gillespie et al., case no. 2013-CA-00115, 

Marion Co. Circuit Court, Fifth Judicial Circuit, Judge Ann Craggs presiding.

Plaintiff’s counsel: Curtis Alan Wilson, McCalla Raymer Leibert Pierce, LLC

9. The Florida Fifth Judicial Circuit is subject to the provisions of the Americans With Disabilities Act (ADA), as amended. 

10. I am age 62. I was determined totally disabled by Social Security as of January 17, 1992.

11. The ADA Coordinator for the Fifth Judicial Circuit for Marion County is Kristina Valdez. I have been in email contact with Ms. Valdez at kvaldez@circuit5.org regarding disability accommodation in this case since at least February 1, 2013.

12. I have repeatedly requested disability accommodation in this case in the Florida Fifth Judicial Circuit and have been denied.

13. Judge Craggs presided over a non-jury trial July 18, 2017 on the foreclosure of my home where I attended without disability accommodation, as described in Affidavit of Neil J. Gillespie Non-Jury Trial July

18, 2017. Paragraph 2 of my Affidavit states: 

2. On July 18, 2017 I was taken by ambulance to the hospital after becoming sick during a non-jury trial on the foreclosure of my home. I was alone and without counsel to represent me. Presiding Judge Ann Melinda Craggs continued the trial without me and ruled for the bank.

The record shows Judge Craggs entered FINAL JUDGMENT OF FORECLOSURE but the Order does not mention that left the hearing while ill and courthouse by ambulance. Also see,
Appendix F: Affidavit of Neil J. Gillespie, Medical Expenses Non-Jury Trial July 18, 2017.

14. The non-jury trial was held in the Marion County Judicial Center, 110 N.W. 1st Avenue, Third Floor Courtroom 3B, Ocala, FL 34475.

15. Most recently I filed a Motion for Disability Accommodation on December 23, 2018 for accommodation on December 31, 2018 during a Case Management Conference in the Marion County Judicial Center, see DEFENDANT NEIL J. GILLESPIE'S MOTION FOR DISABILITY ACCOMMODATION RE: ORDER SCHEDULING CASE MANAGEMENT (WAVER OF CONFIDENTALITY) Filing # 82518052 E-Filed 12/23/2018 08:06:33 PM.

16. Ms. Valdez denied my disability accommodation request on Friday December 28, 2018.

17. Judge Craggs denied my motion for disability accommodation by Order entered on December 28, 2018, see Filing # 82648977 E-Filed 12/28/2018 01:43:23 PM.

18. As a result of being denied disability accommodation, the Fifth Judicial Circuit denied me due process, denied me the protection of the laws and Constitution of the United States, and Florida, and is in the process of wrongly setting a date to sell my home.  

19. The damages in this case exceed $100,000.

WHEREFORE, I seek all damages as permitted by law, actual damages, statutory damages, punitive damages, and attorneys fees for any attorneys who may represent me, or work on my behalf, and costs and expenses, and such other or further relief as is permitted or justified. Read more here

Link to Certified Process Servers, Fifth Judicial Circuit Florida