1. Case 1:11-cv-20120-PAS Document 83-1 Entered on FLSD Docket 12/16/2011 Page 1 of 9
IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF FLORIDA
CASE NO.: 11-20120-CIV-SEITZ/SIMONTON
TRAIAN BUJDUVEANU,
Plaintiff,
vs.
DISMAS CHARITIES, INC., ANA GISPERT,
DEREK THOMAS and ADAMS LESHOTA
Defendants.
_________________________________________/
DEFENDANTS DISMAS CHARTIES, INC., ANA GISPERT, DEREK THOMAS AND
LASHANDA ADAMS’ STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF
DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT
Defendants Dismas Charities, Inc., Ana Gispert, Derek Thomas and Lashanda Adams,
incorrectly identified as Adams Leshota, (collectively “Defendants”) by and through their
undersigned counsel, pursuant to Federal Rule of Civil Procedure 56 and Local Rule 7.5, file
their Statement of Undisputed Facts in Support of their Motion for Summary Judgment against
Traian Bujduveanu (“Plaintiff”) as follows:
STATEMENT OF UNDISPUTED FACTS
1. Plaintiff pled guilty to charges of conspiring to illegally export military and dual
use aircraft parts to Iran. Plaintiff was sentenced to 35 months for his crimes. (Affidavit of Ana
Gispert.)
2. Towards the end of his sentence, Plaintiff was transferred to Dismas, a “half way
house,” on July 28, 2010 until his release date of January 31, 2011. . (Affidavit of Ana
Gispert.)

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CASE NO.: 11-20120-CIV-SEITZ/SIMONTON
3. Dismas is a private non-profit corporation known as a CCC Contractor. .
(Affidavit of Ana Gispert.)
4. As a result of the Plaintiff’s health issues, Plaintiff was released to home
confinement and was required to report back to Dismas every Wednesday. (Affidavit of Ana
Gispert).
5. Plaintiff attended a resident orientation, had the program policies and procedures
explained to him and was give the opportunity to ask questions and receive clarification of any
policies and procedures. (True and correct copies of the relevant portions of the Resident
Handbook, Rules, Regulations, Expectations, Sanctions and Contraband List provided to the
Plaintiff and are attached to the Affidavit of Ana Gispert as Exhibit 1)
6. The Residential Handbook is quite clear that all participants in the Dismas
program, like the Plaintiff, consent to searches of their persons and vehicles (p.16, Exhibit 1,
Affidavit of Ana Gispert); are not permitted to possess or use cell phones without authorization
(p.16, Exhibit 1, Affidavit of Ana Gispert) and cannot drive without the prior approval of
Dismas. (p.21, Exhibit 1, Affidavit of Ana Gispert).
7. The Residential Handbook is quite clear that all participants in the Dismas
program are not permitted to possess or use cell phones without authorization that unauthorized
cell phones are contraband and any unauthorized cell phone is contraband, which will be
confiscated and not returned. (p.16, and Contraband List Exhibit 1, Affidavit of Ana Gispert)
8. Plaintiff also received Dismas’ Rules and Regulations. (True and correct copies of
the relevant portions of the Rules and Regulations are attached to the Affidavit of Ana Gispert as
Exhibit 2)
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CASE NO.: 11-20120-CIV-SEITZ/SIMONTON
9. The Rules and Regulations of Dismas-Dania Beach are quite clear that all
participants in the Dismas program, like the Plaintiff, consent to searches of their vehicles (p.3,
Section 2(d), Driving Privileges, Exhibit 2, Affidavit of Ana Gispert); are not permitted to
possess or use cell phones without authorization (p.3, Section 6(c), Contraband, Exhibit 2,
Affidavit of Ana Gispert) and cannot drive without the prior approval of Dismas. (p.3, Section
2(a), Driving Privileges, Exhibit 2, Affidavit of Ana Gispert).
10. The Rules and Regulations of Dismas-Dania Beach are quite clear quite clear that
violations of the rules and regulations could lead to sanctions, including termination from the
Program. (p.6, Section 2(a), Sanctions, Exhibit 2, Affidavit of Ana Gispert).
11. Plaintiff acknowledged on May 27, 2010 and on July 28, 2010, that he received a
copy of Dismas Rules, Regulations and Restrictions and would abide by the rules and
regulations. True and correct copies of the Plaintiffs Acknowledgement Forms are attached to
Exhibit 3, Affidavit of Ana Gispert.
12. On May 27, 2010 and on July 28, 2010, Plaintiff acknowledged that: he received
a copy of the Contraband List; that if he is found with contraband it would be confiscated and
disposed of by Dismas; and that if he was found with contraband, he would be subject to
disciplinary action. True and correct copies of the Plaintiffs Acknowledgement Forms are
attached to Exhibit 3 to the Affidavit of Ana Gispert.
13. On February 24, 2010, the Plaintiff signed a Federal Bureau of Prisons Form in
which he understood that as part of his residential reentry center release that he would abide by
the rules and regulations of the program. A true and correct copy of the Plaintiffs BOP
Acknowledgement Form is attached to Exhibit 4 to the Affidavit of Ana Gispert.
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CASE NO.: 11-20120-CIV-SEITZ/SIMONTON
14. On September 10, 2010, one month before the Plaintiff drove without
authorization from Dismas and was found to be in possession of an unauthorized cell phone, the
Plaintiff signed a Department of Justice, Federal Bureau of Prison Conditions of Confinement
Form in which the Plaintiff agreed that he would not drive a motor vehicle without CCM
approval. A true and correct copy of the Plaintiffs BOP Conditions of Home Confinement Form,
containing condition 12, is attached to Exhibit 5 to the Affidavit of Ana Gispert.
15. On September 10, 2010, one month before the Plaintiff drove without
authorization from Dismas and was found to be in possession of an unauthorized cell phone, the
Plaintiff signed a Home Confinement Special Conditions Form in which he acknowledged he
would adhere to the Rules of the Bureau of Prisons Conditions of Home Confinement as well as
the policies and procedures of his CCC facility, Dismas. A true and correct copy of the
Plaintiff’s Home Special Conditions Form, containing is attached as Exhibit 6 to the Affidavit of
Ana Gispert.
16. The use of cell phones between felons is a security risk. Certainly, the Plaintiff
could not have a cell phone in prison and as he was still serving a prison sentence (in home
confinement), possession of a cell phone was prohibited. Cell phones are hazardous to
institutional security, as is demonstrated by the fact that they are not allowed in prison. Cell
phones, for example, would permit people to talk and communicate after lights out to potentially
organize disruptions of the institution. (Affidavit of Ana Gispert).
17. The authorized use of a motor vehicle by a CCC participant also provides a
security risk. Certainly, the Plaintiff could not use a motor vehicle in prison and as he was still
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CASE NO.: 11-20120-CIV-SEITZ/SIMONTON
serving a prison sentence (in home confinement), use of a motor vehicle without authorization
was prohibited. (Affidavit of Ana Gispert).
18. The Plaintiff was also not permitted to attend religious services outside of a 5 mile
radius of his confinement as per Federal Bureau of Prison guidelines. A copy of the guidelines
for religious services is attached to the Affidavit of Ana Gispert as Exhibit 7.
19. On October 13, 2010, the Plaintiff appeared on his reporting date by driving
himself to Dismas in Plaintiff’s family vehicle. (Affidavit of Ana Gispert).
20. While Plaintiff may have held a valid driver’s license, he was not authorized by
Dismas to drive or operate a motor vehicle. (Affidavit of Ana Gispert).
21. The Plaintiff was not authorized to operate a motor vehicle without approval of
the Director of Dismas, Ana Gispert. (Affidavit of Ana Gispert).
22. At no time did Dismas authorize the Plaintiff to drive a motor vehicle. (Affidavit
of Ana Gispert).
23. Following the violation, the Plaintiff’s vehicle was searched for safety reasons
and a cell phone allegedly belonging to the Plaintiff’s family was discovered. (Affidavit of Ana
Gispert).
24. The Plaintiff was not authorized to possess a cell phone, regardless of who owned
it. (Affidavit of Ana Gispert).
25. A phone can be hazardous to safety as it can be used to call or communicate with
other persons not confined or other half way house residents, which could cause security issues.
(Affidavit of Ana Gispert).
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CASE NO.: 11-20120-CIV-SEITZ/SIMONTON
26. A Disciplinary Report was then prepared and signed by the Plaintiff after the
incident on October 13, 2010. True and correct copies of the Dismas Reports are attached as
Exhibit 8 to the Affidavit of Ana Gispert.
27. The Plaintiff’s personal items were then held by Dismas. As the phone was
contraband, Dismas donated the phone. (Affidavit of Ana Gispert).
28. The remainder of the Plaintiff’s personal items were held by Dismas. (Affidavit
of Ana Gispert).
29. Dismas requested that the family members pick up the items. However, the
Plaintiff or his designated family member refused to pick the personal items up from Dismas and
Dismas, at its own cost, delivered the items to the Plaintiff. A copy of the property release
memorandum is attached as Exhibit 9 to the Affidavit of Ana Gispert.
30. Since the Plaintiff violated Federal Bureau of Prison guidelines concerning his
CCC confinement, the Federal Bureau of Prisons was notified on or about October 19, 2010.
(Affidavit of Ana Gispert).
31. On October 19, 2010, the Federal Bureau of Prisons, not Dismas, then sent the
United States Marshall’s Service to Dismas to take the Plaintiff back to FDC Miami to complete
the rest of his sentence. A copy of the Federal Bureau of Prisons pick up notice to the United
States Marshall Service is attached to the Affidavit of Ana Gispert as Exhibit 10.
32. Plaintiff was transferred by the Bureau of Prisons into the custody of FDC Miami,
where a subsequent hearing was held by the Bureau of Prisons concerning his possession of a
cell phone and driving a vehicle without authorization. He was found guilty of these offenses at
the hearing and required to serve the remaining 68 day balance of his initial sentence at FDC
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CASE NO.: 11-20120-CIV-SEITZ/SIMONTON
Miami. A copy of the Plaintiff’s United States Bureau of Prison Center Discipline Committee
Report is attached to this affidavit as Exhibit 11, Affidavit of Ana Gispert.
33. The Plaintiff, at all times, was under the control of the Federal Bureau of Prisons
until his sentence was completed. (Affidavit of Ana Gispert).
34. CCC is a privilege not a right. The Plaintiff, as well as other felons, is still under
the control, rules and regulations of the Federal Bureau of Prisons. While not locked behind a
cell door while and out of a federal correctional institution, the Plaintiff is still serving the terms
of his sentence even when at a CCC. The Plaintiff, despite his beliefs, was not a “free man” able
to do whatever he wanted. (Affidavit of Ana Gispert).
Respectfully submitted,
EISINGER, BROWN, LEWIS, FRANKEL,
& CHAIET, P.A.
Attorneys for Defendants
4000 Hollywood Boulevard
Suite 265-South
Hollywood, FL 33021
(954) 894-8000
(954) 894-8015 Fax
BY: /S/ David S. Chaiet____________
DAVID S. CHAIET, ESQUIRE
FBN: 963798
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CASE NO.: 11-20120-CIV-SEITZ/SIMONTON
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 16th day of December, 2011, I electronically filed the
foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing
document is being served this day on all counsel of record or pro se parties identified on the
attached Service List in the manner specified, either via transmission of Notices of Electronic
Filing generated by CM/ECF or in some other authorized manner for those counsel or parties
who are authorized to receive electronically Notices of Electronic Filing.
__/s/ David S. Chaiet_______________
DAVID S. CHAIET, ESQUIRE
Florida Bar No. 963798
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CASE NO.: 11-20120-CIV-SEITZ/SIMONTON
SERVICE LIST
Traian Bujduveanu v. Dismas Charities, Inc., et al.
Case No..: 11-20120-CIV-SEITZ/SIMONTON
United States District Court, Southern District of Florida
Traian Bujduveanu
Pro Se Plaintiff
5601 W. Broward Blvd.
Plantation, FL 33317
Tel: (954) 316-3828
Email: orionav@msn.com
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