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Call Steve Holmes at the Abuse Hotline 800-962-2872, direct 850-922-2563. This is what I would give him. I still have to add to it and anyone can use this info., revise, or add, etc. Everyone who can, do so. 1) Terri Schindler Schiavo yanked back and forth between Hospice Woodside and Morton Plant Hospital facilities: e.g. Labor Day weekend time frame when she was taken to Morton Plant from Hospice Woodside due to pneumonia and was prematurely removed back to hospice and then once again back to hospital but was denied treatment at Michael's request and taken back to hospice. Latest incident Oct. 21. taken to hospital from hospice 7pm. Legislature/Governor Executive Order ordered hydration/nutrition etc. Felos representing Michael Schiavo sent info. to hospitals, etc. not to treat Terri or they will be sued. This went against governor's Executive Order and represents a clear violation via hindrance of said executive order in that Terri did not immediately get the treatment she needed after being dehydrated/starved for 6 days. This included denial of IV line. Hospital did not want to take her and she was in the ambulance for 10 to 25 minutes. FDLE had to force the issue with Executive Order. Family denied visitation - Bob Schindler Jr. family made to wait until 3pm yesterday. Michael Schiavo faxed hospital that family allowed to visit. Upon reaching hospital Terri was not there. Family denied information as to where Terri was taken because of Hippa laws and news outlet BayNews9 found out somehow that she was possibly going back to hospice. When Terri arrived at hospice and Mary S. finally got to visit Terri, she said she did not see any IV line for the ORDERED hydration as was regarded best for Terri under the circumstances. She was informed that they had inserted the port to accept a feeding tube. This shows Terri is not being properly taken care of. Terri should never have gone back to hospice and should be receiving critical care. 2) Not giving Terri proper rehab after the malpractice lawsuit money came.. Nov 1992 stipulated rehab, etc. Jury awards money. Feb 1993 receives money..Do Not Resuscitate Order. Statements to the effect. When's the bitch going to die. Is she dead yet? Statements how he is going to be rich. Go to Europe. Get a new car, boat, etc. Halleluiah’s when sick. (See Item 3.) 3) Attempted murder of Terri Schindler Schiavo by regular insulin injection, menacing of Terri Schindler Schiavo by Michael Schiavo behind closed doors, denial of rehabilitation (item 2 above), etc. AFFIDAVIT _________ STATE OF FLORIDA ) COUNTY OF PINELLAS ) BEFORE ME the undersigned authority personally appeared CARLA SAUER IYER, R.N., who being first duly sworn, deposes and says: 1. My name is Carla Sauer Iyer. I am over the age of eighteen and make this statement of my own personal knowledge. 2. I am a registered nurse in the State of Florida, having been licensed continuously in Florida from 1997 to the present. Prior to that I was a Licensed Practical Nurse for about four years. 3. I was employed at Palm Garden of Largo Convalescent Center in Largo, Florida from April 1995 to July 1996, while Terri Schiavo was a patient there. 4. It was clear to me at Palm Gardens that all decisions regarding Terri Schiavo were made by Michael Schiavo, with no allowance made for any discussion, debate or normal professional judgment. My initial training there consisted solely of the instruction "Do what Michael Schiavo tells you or you will be terminated." This struck me as extremely odd. -1- 5. I was very disturbed by the decision making protocol, as no allowance whatsoever was made for professional responsibility. The atmosphere throughout the facility was dominated by Mr. Schiavo's intimidation. Everyone there, with the exception of several people who seemed to be close to Michael, was intimidated by him. Michael Schiavo always had an overbearing attitude, yelling numerous times such things as "This is my order and you're going to follow it." He is very large and uses menacing body language, such as standing too close to you, getting right in your face and practically shouting. 6. To the best of my recollection, rehabilitation had been ordered for Terri, but I never saw any being done or had any reason at all to believe that there was ever any rehab of Terri done at Palm Gardens while I was there. I became concerned because Michael wanted nothing done for Terri at all, no antibiotics, no tests, no range of motion therapy, no stimulation, no nothing. Michael said again and again that Terri should NOT get any rehab, that there should be no range of motion whatsoever, or anything else. I and a CNA named Roxy would give Terri range of motion anyway. One time I put a wash cloth in Terri's hand to keep her fingers from curling together, -2- and Michael saw it and made me take it out, saying that was therapy. 7. Terri's medical condition was systematically distorted and misrepresented by Michael. When I worked with her, she was alert and oriented. Terri spoke on a regular basis while in my presence, saying such things as "mommy," and "help me." "Help me" was, in fact, one of her most frequent utterances. I heard her say it hundreds of times. Terri would try to say the word "pain" when she was in discomfort, but it came out more like "pay." She didn't say the "n" sound very well. During her menses she would indicate her discomfort by saying "pay" and moving her arms toward her lower abdominal area. Other ways that she would indicate that she was in pain included pursing her lips, grimacing, thrashing in bed, curling her toes or moving her legs around. She would let you know when she had a bowel movement by flipping up the covers and pulling on her diaper and scooted in bed on her bottom. 8. When I came into her room and said "Hi, Terri", she would always recognize my voice and her name, and would turn her head all the way toward me, saying "Haaaiiiii" sort of, as she did. I recognized this as a "hi", which is very close to what it sounded like, the whole sound -3- being only a second or two long. When I told her humorous stories about my life or something I read in the paper, Terri would chuckle, sometimes more a giggle or laugh. She would move her whole body, upper and lower. Her legs would sometimes be off the bed, and need to be repositioned. I made numerous entries into the nursing notes in her chart, stating verbatim what she said and her various behaviors, but by my next on-duty shift, the notes would be deleted from her chart. Every time I made a positive entry about any responsiveness of Terri's, someone would remove it after my shift ended. Michael always demanded to see her chart as soon as he arrived, and would take it in her room with him. I documented Terri's rehab potential well, writing whole pages about Terri's responsiveness, but they would always be deleted by the next time I saw her chart. The reason I wrote so much was that everybody else seemed to be afraid to make positive entries for fear of their jobs, but I felt very strongly that a nurses job was to accurately record everything we see and hear that bears on a patients condition and their family. I upheld the Nurses Practice Act, and if it cost me my job, I was willing to accept that. 9. Throughout my time at Palm Gardens, Michael Schiavo was focused -4- on Terri's death. Michael would say "When is she going to die?," "Has she died yet?" and "When is that bitch gonna die?" These statements were common knowledge at Palm Gardens, as he would make them casually in passing, without regard even for who he was talking to, as long as it was a staff member. Other statements which I recall him making include "Can't anything be done to accelerate her death - won't she ever die?" When she wouldn't die, Michael would be furious. Michael was also adamant that the family should not be given information. He made numerous statements such as "Make sure the parents aren't contacted." I recorded Michael's statements word for word in Terri's chart, but these entries were also deleted after the end of my shift. Standing orders were that the family wasn't to be contacted, in fact, there was a large sign in the front of her chart that said under no circumstances was her family to be called, call Michael immediately, but I would call them, anyway, because I thought they should know about their daughter. 10. Any time Terri would be sick, like with a UTI or fluid buildup in her lungs, colds, or pneumonia, Michael would be visibly excited, thrilled even, hoping that she would die. He would say something like, -5- "Hallelujah! You've made my day!" He would call me, as I was the nurse supervisor on the floor, and ask for every little detail about her temperature, blood pressure, etc., and would call back frequently asking if she was dead yet. He would blurt out "I'm going to be rich!" and would talk about all the things he would buy when Terri died, which included a new car, a new boat, and going to Europe, among other things. 11. When Michael visited Terri, he always came alone and always had the door closed and locked while he was with Terri. He would typically be there about twenty minutes or so. When he left Terri would be trembling, crying hysterically, and would be very pale and have cold sweats. It looked to me like Terri was having a hypoglycemic reaction, so I'd check her blood sugar. The glucometer reading would be so low it was below the range where it would register an actual number reading. I would put dextrose in Terri's mouth to counteract it. This happened about five times on my shift, as I recall. Normally Terri's blood sugar levels were very stable due to the uniformity of her diet through tube feeding. It is medically possible that Michael injected Terri with Regular insulin, which is very fast acting, but I don't have -6- any way of knowing for sure. 12. The longer I was employed at Palm Gardens the more concerned I became about patient care, both relating to Terri Schiavo, for the reasons I've said, and other patients, too. There was an LPN named Carolyn Adams, known as "Andy" Adams who was a particular concern. An unusual number of patients seemed to die on her shift, but she was completely unconcerned, making statements such as "They are old - let them die." I couldn't believe her attitude or the fact that it didn't seem to attract any attention. She made many comments about Terri being a waste of money, that she should die. She said it was costing Michael a lot of money to keep her alive, and that he complained about it constantly (I heard him complain about it all the time, too.) Both Michael and Adams said that she would be worth more to him if she were dead. I ultimately called the police relative to this situation, and was terminated the next day. Other reasons were cited, but I was convinced it was because of my "rocking the boat." 13. Ms. Adams was one of the people who did not seem to be intimidated by Michael. In fact, they seemed to be very close, and Adams would do whatever Michael told her. Michael sometimes called Adams at -7- night and spoke at length. I was not able to hear the content of these phone calls, but I knew it was him talking to her because she would tell me afterward and relay orders from him. 14. I have contacted the Schindler family because I just couldn't stand by and let Terri die without the truth being known. FURTHER AFFIANT SAYETH NAUGHT. CARLA SAUER IYER, R.N. The foregoing instrument was acknowledged before me this 29 day of August, 2003, by CARLA SAUER IYER, R.N., who produced her Florida's driver's license as identification, and who did take an oath. Notary Public My commission expires --- STATE OF FLORIDA COUNTY OF PINELLAS AFFIDAVIT _________ BEFORE ME the undersigned authority personally appeared CAROLYN JOHNSON who being first duly sworn deposes and says: 1. My name is Carolyn Johnson, I am over the age of 18 years and make this statement on personal information. 2. I used to work at Sabal Palms nursing home in Largo, for a period of about two years. I actually was employed by a nursing agency and was placed at Sabal Palms as a Certified Nursing Assistant (CNA). I believe the events related here occurred in about 1993. 3. During this assignment I took care of Terri Schiavo several times. The first time I saw her my duties were being explained to me by the nurse on duty. Terri Schiavo was lying in bed. Another patient, also a young woman about the same age and in the same condition, was sitting up in a chair, with a drink cup and straw in front of her. 4. I asked why Terri was not up in a chair, too. I learned, as part of my training, that there was a family dispute and that the husband, asguardian, wanted no rehabilitation for Terri. This surprised me, as I Page 1 of 3 did not think a guardian could go against a doctor's orders like that, but I was assured that a guardian could and that this guardian had gone against Terri's doctor's orders. 5. No one was allowed to just go in and see Terri. Michael had a visitors list. We all knew that we would lose our jobs if we did not do exactly what Michael said to do. 6. I remember seeing Michael Schiavo only once the entire time I worked at Sabal Palms, but we were all aware that Terri was not to be given any kind of rehabilitative help, per his instructions. Once, I wanted to put a cloth in Terri's hand to keep her hand from closing in on itself,but I was not permitted to do this, as Michael Schiavo considered that to be a form of rehabilitation. 7. This entire experience made me look hard at nursing homes. After about two years, I quit this job, because I was so disillusioned with the way Terri was treated. Someone somewhere along the way should have reported this. FURTHER AFFIANT SAYETH NAUGHT. Page 2 of 3 Carolyn Johnson, Affiant Sworn to and subscribed before me this 28 day of August, 2003, by Carolyn Johnson who produced a Florida drivers license as identification. Notary Public My commission expires -------- AFFIDAVIT _________ STATE OF FLORIDA COUNTY OF PINELLAS BEFORE ME the undersigned authority personally appeared HEIDI LAW who being first duly sworn deposes and says: 1. My name is Heidi Law, I am over the age of 18 years, and make this statement on personal information. 2. I worked as a Certified Nursing Assistant at the Palm Gardens nursing home from March, 1997 to mid-summer of 1997. While I was employed at Palm Gardens, occasionally I took care of Theresa Schiavo. Generally, I worked the 3 p.m. to 11 p.m. shift, but occasionally also would work a double shift, until 7 a.m. the following morning. 3. At Palm Gardens, most of the patient care was provided by the CNAs, so I was in a good position to judge Terri's condition and observe her reactions. Terri was noticeable, because she was the youngest patient at Palm Gardens. 4. I know that Terri did not receive routine physical therapy or any other kind of therapy. I was personally aware of orders for rehabilitation that were not being carried out. Even though they were ordered, Michael would stop them. Michael ordered that Terri receive no rehabilitation or range of motion therapy. I and Olga would give Terri range of motion anyway, but we knew we were endangering our jobs by doing so. We usually did this behind closed doors, we -1- were so fearful of being caught. Our hearts would race and we were always looking out for Michael, because we knew that, not only would Michael take his anger out on us, but he would take it out more on Terri. We spoke of this many times. 5. Terri had very definite likes and dislikes. Olga and I used to call Terri "Fancy Pants," because she was so particular about certain things. She just adored her baths, and was so happy afterward when she was all clean, smelling sweet from the lotion her mother provided, and wearing the soft nightgowns her mother laundered for her. Terri definitely did not like the taste of the teeth-cleaning swabs or the mouthwash we used. She liked to have her hair combed. She did not like being tucked in, and especially hated it if her legs were tightly tucked. You would always tell when Terri had a bowel movement, as she seem agitated and would sort of "scoot" to get away from it. 6. Every day, Terri was gotten up after lunch and sat in a chair all afternoon. When Terri was in bed, she very much preferred to lie on her right side and look out the window. We always said that she was watching for her mother. It was very obvious that her mother was her favorite person in the whole world. 7. I worked side-by-side with another CNA named Olga and could tell that she and Terri were especially close. Olga took a definite personal interest in Terri, and Terri responded to her. I could tell that Terri was very satisfied and happy with Olga's attentions to her. 8. When Olga was talking with Terri, Terri would follow Olga with her eyes. I have -2- no doubt in my mind that Terri understood what Olga was saying to her. I could tell a definite difference between the way Terri responded to Olga and the way she reacted to me, until she got used to my taking care of her. Initially, she "clammed up" with me, the way she would with anyone she did not know or was not familiar or comfortable with. It took about the fourth or fifth time taking care of her alone, without Olga, that Terri became relaxed and cooperative and non- resistant with me. 9. Terri reacted very well to seeing a picture of her mother, which was in her room. Many times when I came on duty it would be lying face down where she could not see it. 10. At least three times during any shift where I took care of Terri, I made sure to give Terri a wet washcloth filled with ice chips, to keep her mouth moistened. I personally saw her swallow the ice water and never saw her gag. Olga and I frequently put orange juice or apple juice in her washcloth to give her something nice to taste, which made her happy. On three or four occasions I personally fed Terri small mouthfuls of Jello, which she was able to swallow and enjoyed immensely. I did not do it more often only because I was so afraid of being caught by Michael. 11. On one occasion Michael Schiavo arrived with his girlfriend, and they entered Terri's room together. I heard Michael tell his girlfriend that Terri was in a persistent vegetative state and was dying. After they left, Olga told me that Terri was extremely agitated and upset, and wouldn't react to anyone. When she was -3- upset, which was usually the case after Michael was there, she would withdraw for hours. We were convinced that he was abusing her, and probably saying cruel, terrible things to her because she would be so upset when he left. 12. In the past, I have taken care of comatose patients, including those in a persistent vegetative state. While it is true that those patients will flinch or make sounds occasionally, they don't do it as a reaction to someone on a constant basis who is taking care of them, the way I saw Terri do. 13. I witnessed a priest visiting Terri a couple of times. Terri would become quiet when he prayed with her. She couldn't bow her head because of her stiff neck, but she would still try. During the prayer, she would keep her eyes closed, opening them afterward. She laughed at jokes he told her. I definitely know that Terri "is in there." 14. The Palm Gardens staff, myself included, were just amazed that a "Do Not Resuscitate" order had been put on Terri's chart, considering her age and her obvious cognitive awareness of her surroundings. 15. During the time I cared for Terri, she formed words. I have heard her say "mommy" from time to time, and "momma," and she also said "help me" a number of times. She would frequently make noises like she was trying to talk. Other staff members talked about her verbalizations. 16. Several times when Michael visited Terri during my shift, he went into her room alone and closed the door. This worried me because I didn't trust Michael. When he left, Terri was very agitated, was extremely tense with tightened fists and some -4- times had a cold sweat. She was much less responsive than usual and would just stare out the window, her eyes kind of glassy. It would take much more time and effort than usual to work her hands open to clean her palms. 17. I was told by supervisory staff that Michael was Terri's legal guardian, and that it didn't matter what the parents or the doctors or nurses wanted, just do what Michael told you to do or you will lose your job. Michael would override the orders of the doctors and nurses to make sure Terri got no treatment. Among the things that Terri was deprived of by Michael's orders were any kind of testing, dental care or stimulation. I was ordered by my supervisors to limit my time with Terri. I recall telling my supervisor that Terri seemed abnormally warm to the touch. I was told to pull her covers down, rather than to take her temperature. As far as I know, Terri never left her room. The only stimulation she had was looking out the window and watching things, and the radio, which Michael insisted be left on one particular station. She had a television, and there was a sign below it saying not to change the channel. This was because of Michael's orders. 18. As a CNA, I wanted every piece of information I could get about my patients. I never had access to medical records as a CNA, but it was part of my job duties to write my observations down on sheets of paper, which I turned over to the nurse at the nurses station for inclusion in the patients charts. In the case of Terri Schiavo, I felt that my notes were thrown out without even being read. There were trash cans at the nurses stations that we were supposed to empty each shift, -5- and I often saw the notes in them. I made extensive notes and listed all of Terri's behaviors, but there was never any apparent follow up consistent with her responsiveness. 19. I discussed this situation with other personnel at Palm Gardens, particularly with Olga, and another CNA, an older black man named Ewan Morris. We all discussed the fact that we could be fired for reporting that Terri was responsive, and especially for giving her treatment. The advice among the staff was "don't do nothin', don't see nothin' and don't say nothin'." It was particularly distressing that we always had to be afraid that if Michael got upset, he would take his anger out on Terri. 20. I recall an incident when Olga became very upset because Terri started to get a sore spot, because it might lead to a bedsore. Michael was told about it but didn't seem to care. he didn't complain about it at all, in fact, saying "she doesn't know the difference." When Terri would get a UTI or was sick, Michael's mood would improve. FURTHER AFFIANT SAYETH NAUGHT. Heidi Law, Affiant -6- STATE OF FLORIDA COUNTY OF PINELLAS Sworn to and subscribed before me this 30th day of August, 2003, by HEIDI LAW, who produced a Florida Driver's License as identification. Notary Public My Commission expires: -------- 4) Using medical funds awarded by jury for attorneys fees instead of rehabilitation. Through sealed secret fee petitions, etc. George Felos has absconded with over $550,000 of Terri's rehabilitation monies this with the help of Judge Greer. Fees included talking to reporters about Terri, etc. in his attempts to have her murdered. Now Felos says there is no money left and uses this as an excuse that Terri should die. Following the money: The jury responded to his protestations of love and awarded $1.2 million to Terri for her medical and nursing expenses and $630,000 to Schiavo for loss of spouse. She also received a further $250,000 settlement in a case filed on her behalf against another doctor. After the attorneys received their cut, Terri was left with $700,000 and Schiavo with $300,000. Her share of the settlement was placed in a trust fund and invested in blue chip stocks, U.S. Treasury bonds and a money market account. It was to be managed by a bank and guarded by the court. In April 1993 her assets were valued at $776,254. Her trust fund remained relatively intact until 1997, when Schiavo hired Felos and others began – with court approval – to dip into Terri's trust fund. Most of it went for legal costs. According to the St. Petersburg Times, which investigated the matter in June 2001, by April 1998, her money was down to $713,825. At Schiavo's request, Greer ordered all financial billings sealed, but payments are public record. The SP Times estimated that almost half the trust fund was gone, with only $350,000 remaining. Greer later approved a payment of $45,007 to Felos, covering a five- month period ending February 2002. Including that payment, Felos had by February 2002, billed for $352,211 from Terri's fund. Other lawyers, too, helped drain the account – in particular, Deborah Bushnell, who received just under $50,000 between September 1993 and September 2001. It's not certain how much of the money intended for Terri's rehabilitation remains. Felos told the Philadelphia Intelligencer that a few months ago only $50,000 was left. He said the money ran out last July and he hasn't been paid since. Terri's medical care at the Woodside Facility is now paid for with federal tax dollars through Medicaid, he said. Court records show Felos' fees came to about $400,000, according to the Philadelphia Intelligencer. http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=35055 4) False statements of Felos regarding Terri and his assertions that she wants to die. Felos has repeatedly misrepresented Terri's wishes going so far as to lie in Federal Court on Oct. 10th saying that Terri said: "No tubes for me!" and then going on to make false statements about the Roman Catholic religion. See court transcripts before Federal Judge Lazarra. 5) Retained rights violations of Florida Constitution and ADA: Article 1, Section 2 Florida State Constitution SECTION 2. Basic rights.--All natural persons, female and male alike, are equal before the law and have inalienable rights, among which are the right to enjoy and defend life and liberty, to pursue happiness, to be rewarded for industry, and to acquire, possess and protect property; except that the ownership, inheritance, disposition and possession of real property by aliens ineligible for citizenship may be regulated or prohibited by law. No person shall be deprived of any right because of race, religion, national origin, or physical disability. 2nd Amended Complaint filed on Federal level: Here is the latest Federal amended complaint (Sept. 22): (Text below. PDF at following location: http://www.terrisfight.org/downloads/fedcomplaint.pdf) UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION Civil Action No.: 8:03-CV-1860-T-26-TGW THERESA MARIE SCHINDLER SCHIAVO, Incapacitated, by her Parents and Next Friends, ROBERT and MARY SCHINDLER, Plaintiff, v. MICHAEL SCHIAVO, individually and in his capacity as Guardian of the Person of THERESA MARIE SCHINDLER SCHIAVO, Incapacitated. Defendant. ____________________________________________// SECOND VERIFIED AMENDED COMPLAINT _________________________________ Theresa Marie Schindler brings this Second Amended Complaint by and through her parents and next friends, Robert and Mary Schindler, against Michael Schiavo and his agents, servants, and employees. In support thereof she alleges the following. PARTIES _______ 1. Theresa Marie Schindler Schiavo ("Terri") is a 38 year-old woman who has been adjudicated incapacitated since 1990 and who presently resides at the Hospice Woodside facility in Pinellas Park, Florida. Although her husband, Defendant Michael Schiavo, is the court-appointed guardian of her person, Plaintiff's claims are brought by her parents and next friends, Robert and Mary Schindler ("the parents"), pursuant to Fed.R.Civ.P.17 and for reasons that are apparent below. Terri is the ward in a pending guardianship proceeding in the Sixth Judicial Circuit in and for the State of Florida and bearing the style In re Guardianship of Theresa Marie Schiavo, Case No. 90-2908-GD-003 ("the guardianship case"). 2. Defendant Michael Schiavo ("Schiavo") is a citizen of the United States and resides in Clearwater, Florida. Schiavo is sued herein individually and in his capacity as the state-appointed Guardian of the Person of Theresa Marie Schiavo. Schiavo is Terri's legal husband. At all pertinent times herein, Schiavo has acted jointly with the judge presiding over the state court guardianship proceeding pursuant to Chapters 744 and 765 of the Florida Statutes, with the aim of terminating so-called "life-prolonging measures" which have sustained Terri for 13 years and thereby causing her death. Page 2 of 33 NATURE OF ACTION ________________ 3. This is an action pursuant to 42 U.S.C. § 1983 for injunctive relief and declaratory relief, barring Schiavo and those acting in concert with him from enforcing a state court mandatory injunction that would violate Terri's constitutional rights to due process and equal protection under the laws and barring further deprivations of Terri's property and liberty interests in the manner described below. Plaintiff also seeks damages for past deprivations, pursuant to 42 USC § 1983. JURISDICTION AND VENUE ______________________ 4. Federal jurisdiction is invoked under 28 U.S.C. § 1331 and 42 U.S.C. § 1983. 5. Plaintiff's claims for declaratory and injunctive relief are authorized by 28 U.S.C. §§ 2201 and 2202, by Rules 57 and 65 of the Federal Rules of Civil Procedure, and by the general legal and equitable powers of this Court. 6. Venue is proper under 28 U.S.C. § 1391(b) in that a substantial part of the events or omissions giving rise to Plaintiff's claims occurred in this district. Page 3 of 33 FACTS COMMON TO ALL COUNTS __________________________ 7. In the early morning hours of February 26, 1990 and for as-yet unexplained reasons, Terri collapsed in the St. Petersburg home she shared with Schiavo and suffered an anoxic or hypoxic encephalopathy, or massive brain injury. At the present time, and since shortly after her collapse, Terri had been fed through a gastronomy tube (hereinafter "G-tube"). She is on no machines. 8. In or about May, 1990, Schiavo was duly appointed by the Sixth Judicial Circuit Court Probate Division as Terri's guardian. 9. In early March, 1991, some 53 weeks out from Terri's collapse, a total body bone scan was done of her body, revealing multiple and severe abnormalities, which the radiologist attributed to "a history of trauma." A copy of the bone scan report is attached hereto and incorporated herein as Exhibit A. 10. In November 1992, a medical malpractice suit filed by Schiavo on behalf of himself and Terri came to trial. Schiavo swore to the jury that "I believe in the vows that I took with my wife, through sickness, in health, for richer or poorer. I married my wife because I love her and I want to spend the rest of my life with her. I'm going to do that." Schiavo also testified to the malpractice jury that he was going to become a nurse in order to assist in the Page 4 of 33 care and rehabilitation of his wife, also, presented an expert witness who testified that Terri would have a normal life span and would need extensive and expensive rehabilitation care throughout her life. 11. At no time during his testimony to the malpractice jury did Schiavo intimate that Terri "wanted to die" or did not want to be sustained on "anything artificial" or the like. 12. In or about February, 1993, Schiavo received the medical malpractice money, and approximately $750,000 was put into the guardianship fund for Terri's care. 13. Shortly afterward, Schiavo placed a "Do Not Resuscitate" order in Terri's medical chart. A few months later, in or about June, 1993, Schiavo directed Terri's caregivers to withhold antibiotic treatment for an infection she had developed, in the expectation that she would die from the resulting sepsis, which expectation Schiavo stated under oath in a deposition. 14. In 1995, Schiavo began living with a woman whom he now publicly describes as his "fiancee" and with whom he had a child in September, 2002 and with whom he is expecting his second child. 15. From Fall, 1991, and continuing up until the present day, Schiavo has denied any and all attempts at meaningful rehabilitative therapy for Terri Page 5 of 33 and, in addition, has denied basic services such as regular teeth cleaning and gynecological care. He has placed and continues to place unreasonable restrictions on visitation by others with Terri, including her priest. He opposed speech therapy that has the aim of weaning her off the G-tube back onto nutrition by mouth, even though such weaning is a common therapeutic accomplishment, and Schiavo knows Terri is a good candidate for such weaning. 16. For the past decade, Schiavo has been so intent on preventing any improvement in Terri's condition that he has threatened her caregivers with loss of their jobs if they disobeyed his orders that no rehabilitative help be given to Terri. Frequently, he expressed frustration that Terri had not died. During this period, Terri's caregivers report that Terri was saying "Help me" and "mommy" on a routine basis. 17. Finally, in May, 1998, Schiavo filed his Petition to Discontinue Artificial Life Support and to Appoint Guardian Ad Litem (hereinafter "the Petition"), seeking the Court's permission to remove Terri's G-tube. Schiavo did not state his express desire to withhold food and water by mouth from Terri, nor did he seek the Court's permission to do so. He did state that it is "highly likely" that he will re-marry upon Terri's death, Page 6 of 34 however. The Petition was brought pursuant to Chapter 765 of the Florida Statutes, concerning advance directives. 18. At the time of the filing of the Petition, approximately $718,000 was in Terri's guardianship fund for her care. 19. Although initially the Court did appoint a guardian ad litem for Terri and the guardian ad litem filed a written report recommending denial of the Petition, the Court removed the guardian ad litem upon Schiavo's insistence, and no successor guardian ad litem has ever been appointed. 20. In January, 2000, the Petition was tried to Hon. George W. Greer. No attorney, no guardian ad litem, or any other independent voice represented Terri at this trial. At this trial, Schiavo remembered, for the first time, that Terri had told him sometime during the 1980s that she would not want to survive on "anything artificial." 21. In February, 2000, Judge Greer granted the Petition, even though Terri left no written advance directive nor was even alleged to have said she wanted no rehabilitation or food and water by mouth in the event of her incapacity. 22. Thereafter, under Florida's Rule of Civil Procedure 1.540, Plaintiff's parents, as interested parties under Florida law, attempted to raise various Page 7 of 34 issues related to Terri's medical condition and defects in the procedure, but ultimately the death order was affirmed on appeal. 23. In the course of the appellate proceedings, the Second District Court of Appeal enunciated the following policies under Florida's statutory scheme for termination of "life-prolonging" measures under Chapter 765: A. The incapacitated ward is generally not entitled to an independent guardian ad litem in proceedings that can result in her death, as the trial judge "essentially serves as the ward's guardian" in a Chapter 765 proceeding, and an independent guardian ad litem would only "duplicate" the function of the trial judge, regardless of how egregious and obvious the conflict of interest between the ward and her court-appointed guardian. In re Guardianship of Schiavo, 780 So.2d 176, 179 (Fla. 2d DCA 2001)("Schiavo 1"). B. A ward can be deprived of food and water, and thus killed, without proof of any specific advanced directive addressing food and water by G-tube, and based on nothing more than spontaneous, generalized, pre-incapacity oral remarks about "artificial" life support. C. The requisite medical condition of "persistent vegetative state" (PVS) can be proven, and the ward killed, based on a mere preponderance of the evidence. 24. Since the filing of the Petition and contrary to Schiavo's promises to the medical malpractice jury, virtually the entire guardianship fund has been awarded to Schiavo's lawyers for fees and costs upon ex parte and in Page 8 of 34 camera fee applications, in this effort to kill her, to the point where Terri now qualifies for Medicaid benefits. 25. On September 17, 2003, Judge Greer ordered Schiavo to cause the removal of Terri's G-tube at 2 p.m. on October 15, 2003 and, in a separate order, denied the parents' request that Terri receive therapy to enable her to take food and water by mouth before the G-tube is removed. COUNT 1 _______ DEPRIVATION OF LIFE IN ______________________ VIOLATION OF FIFTH AND FOURTEENTH AMENDMENTS ____________________________________________ 42 U.S.C. § 1983 ________________ 26. Plaintiffs adopt and incorporate by reference Paragraphs 1 through 25 above as though fully re-alleged herein. 27. By virtue of the State of Florida's policies and practices, persons with serious cognitive impairments, including Terri, are not entitled to a separate and independent voice in proceedings that will determine whether they will live or die. 28. Failure to provide counsel or, at a minimum, a guardian ad litem, for Terri in the above-described proceedings has resulted in substantive and procedural due process violations so serious as to rise to constitutional proportions, in that she has been precluded, inter alia, from asserting her Page 9 of 34 right to continued existence, her right to call and cross-examine witnesses, her right to present evidence, her right to have the case decided on record evidence alone, her right to be provided humane and decent treatment while the trial court is her guardian pursuant to state policy, her right to have sustenance provided to her in a safe manner, and her right to be free of the complete dominion and control of a husband/guardian whose interests are clearly adverse to hers, which deprivations are continuing. 29. Florida's statutory policy, denying incapacitated wards an independent guardian ad litem or independent legal representation, has deprived Terri of any reasonable opportunity to assert her constitutional rights and to protect her own interests in continued existence and rehabilitation against Schiavo's adverse interest in seeing her dead. 30. Florida's statutory policy allows for termination of life without proof of any specific advance directive to withhold food and water by a simple G-tube, and further permits termination of life based on a mere preponderance of evidence as to the existence of PVS, rather than by clear and convincing evidence. 31. Florida's statutory scheme, both facially and as applied to Terri, is in these respects unconstitutional in that it deprives incapacitated persons diagnosed Page 10 of 34 as being in PVS, and imminently threatens to deprive Terri, of her right to life and liberty without due process of law in violation of the Fifth and Fourteenth Amendments. 32. Florida's statutory scheme thus treats persons differently based solely on this specific disability by depriving them of rights to which the non-disabled or persons with different disabilities, such as aphasic stroke or Alzheimer's victims, are entitled, including the right to counsel and the right to a heightened burden of proof before deprivation of fundamental liberties. The statutory scheme is in these respects, both facially and as applied to Terri, in violation of the Equal Protection Clause of the Fourteenth Amendment. 33. The statutory scheme, in the respects pleaded above, and the death order issued by the trial judge pursuant to that scheme, constitute state action under color of state law. 34. The acts and omissions described above constitute state action because, under Florida's statutory scheme, the trial judge "essentially serves as the ward's guardian" in the death proceeding. 35. Further, state action exists because the trial judge in guardianship proceedings has affirmative duties under Chapter 744 of Florida's guardianship statute to protect the ward and provide her with necessary Page 11 of 34 services, which duties the trial judge has deliberately ignored and violated as alleged more particularly in the following Court, including the affirmative duty to enter all orders "necessary to protect the ward." 36. Defendant Schiavo is a state actor because he is a state-appointed guardian and has been ordered by the trial judge, acting in the dual capacity of judge and guardian, "to cause the removal of the nutrition and hydration tube from the Ward, Theresa Marie Schiavo, at 2 p.m. on the 15th day of October, 2003." The court and Schiavo, as the death-petitioner, thus act jointly and in a symbiotic relationship which cloaks Schiavo with the authority of the state to terminate Terri's life. 37. Pursuant to that same symbiotic relationship, the court's failure to act proactively in its role as quasi-guardian to protect Terri, as mandated by the Florida Legislature, and its further ratification of Schiavo's acts and omissions has created a systematic and wholesale decade-long program of deprivation of Terri's rights that functionally clothe Schiavo with theauthority of state law and have now culminated in her imminent death. 38. By reason of the trial court's appointment of Schiavo as the Guardian of the Person, the trial court, as state actor, created a special relationship between Schiavo and his ward, giving rise to an affirmative duty on the part of the Page 12 of 34 court to intervene and protect Terri from neglect and abuse arising from that relationship, as more particularly alleged in the following Count. 39. Schiavo has willfully, deliberately and maliciously abused that special relationship and acted to deprive Terri of her constitutional rights under color of state law, his malice being shown by his contradiction of sworn testimony to a jury that he would care for Terri for the rest of his life; his "Do Not Resuscitate" order for a ward who is not terminally ill; his attempt to deprive his own wife of the most basic care and therapy; his demand that Terri's guardian ad litem be removed; his decade-long campaign of deliberately degrading Terri's neurological responses by a calculated plan of sensory deprivation; his looting of Terri's guardianship estate for attorney fees in the effort to have her killed, contrary to his promises to the jury about how the money would be used; and his cohabitation with another woman, during which he has fathered two children out of wedlock. 40. As the direct and proximate result of said state action, Terri has been deprived of her constitutional right to counsel and a heightened burden of proof as to her wishes concerning medical care and her medical condition before deprivation of life, and is imminently threatened with deprivation of her life. Page 13 of 34 41. Terri has been irreparably harmed, and faces further imminent irreparable harm in the absence of injunctive relief. 42. Terri has no adequate remedy at law. 43. Terri is entitled to relief under 42 U.S.C. § 1983 for deprivation of her constitutional rights under color state law. WHEREFORE, Theresa Marie Schindler Schiavo seeks the following relief: A. A declaratory judgment that Florida's statutory scheme, both facially and as applied, is unconstitutional. B. A temporary and permanent injunction issued pursuant to the authority of 42 U.S.C. § 1983, enjoining and restraining the execution of the death order by Schiavo and those acting in concert with him. C. As to past deprivations, an award of compensatory and punitive damages in favor of Terri and against Schiavo. D. An award of fees and costs pursuant to 42 U.S.C. § 1988. E. Such other relief as this Court deems just and proper. COUNT II ________ DEPRIVATION OF FOURTEENTH AMENDMENT LIBERTIES _____________________________________________ 42 U.S.C. § 1983 ________________ 44. Plaintiff adopts and incorporates by reference Paragraphs 1 through 25 above as though fully re-alleged herein. Page 14 of 34 45. In addition to her constitutionally-protected right to live, Terri has a fundamental liberty interest in bodily integrity and privacy protected by the Fourteenth Amendment from infringement by the State, state actors or those acting jointly and in concert with state actors. 46. Terri's liberty interest in bodily integrity and privacy embraces the right to be treated humanely, with dignity and respect, to receive necessary services and rehabilitation, to receive food, to be restored to capacity as soon as possible, to receive visitors and communicate with others, to have a competent guardian, to receive prudent financial management of her property, and to be free from all manner of discrimination, neglect and abuse by the State, state actors or those acting jointly with state actors. Fla. Const., Art. 1 & 2; Fla. Stat. §§ 744.1012; 744.102 (10); 415.102. 47. Terri also has a liberty interest in receiving the benefits of programs and facilities on a non-discriminatory basis as provided by the Americans with Disabilities Act of 1990, as amended, and the Rehabilitation Act of 1973, as amended. 48. Schiavo has acted to defeat Terri's state and federal rights by inappropriately and unlawfully placing Terri in a hospice facility, without prior court approval, without any certification of "terminal" illness as that Page 15 of 34 term is defined, and in excess of his limited authority as the Guardian of the Person, thereby depriving Terri of the full panoply of services, such as speech and physical therapy, that would be available to her in a curative care setting and that are specifically waived in this hospice setting. 42 C.F.R. §§ 418.3, 418.22, 418.24. 49. As a direct result of Schiavo's actions as a state actor, Terri has been deprived, without notice or opportunity to be heard, of her state and federal rights to be housed, cared for, and rehabilitated in a curative care facility, which actions Schiavo had no authority to undertake pursuant to the specific limitations of his appointment as guardian or pursuant to state law. 50. Terri also has a Fourteenth Amendment due process right to independent counsel in guardianship proceedings, access to the courts, and notice of all proceedings to determine her capacity or to exercise certain retained rights and to dispose of her property. Florida Statutes § 744.3215. 51. Florida's guardianship statute recognizes the rights enumerated in Paragraph 46, and deems those rights "retained rights" of a ward that cannot be removed without a hearing, the right to counsel, and the right to appear and present evidence. Fla. Stat. §§ 744.3215, 744.331. Page 16 of 34 52. Schiavo is not authorized by Florida law to defeat any of Terri's retained rights, and cannot even exercise those rights without clear and convincing proof that Terri, before her incapacity, "previously expressed" how her retained rights were to be exercised. 53. Under Florida law Schiavo's powers are limited to the terms of the required annual plan for Terri's care, and a hearing is required before Schiavo could be granted any additional authority. Fla. Stat. §744.369(8). No such hearing has ever been conducted. 54. The affirmative duties imposed upon the guardianship judge are in keeping with the Florida's legislature's determination that "court monitoring of guardian's protection of their ward's assets, well-being, dignity, and personal rights is deficient, and control of their capacities are being taken advantage of, both financially and by having their personal rights stripped by the court without adequate supervision," as the result of which "thousands of persons are being denied due process of law and equal protection under the law as guaranteed by the 14th Amendment to the Constitution of the United States." Preamble, Laws 1989, c. 89-96. 55. For approximately 12 years, and continuing to this day, Schiavo has denied Terri all therapy and rehabilitation, including any training to wean her from Page 17 of 34 the G-tube, has imposed unreasonable restrictions on her visitors and strictly limited communication to her by others, including her priest, has confined her to her room, reduced environmental stimuli to a minimum, generally deprived Terri of her dignity as a human being, and treated her as though she were already dead. 56. Schiavo had no authority to exercise, much less defeat, the rights enumerated in Paragraph 46, yet the guardianship judge has allowed Schiavo to defeat them as described above, and continues to allow Schiavo to defeat them, in violation of both the Fourteenth Amendment and settled, express Florida law. 57. The guardianship judge, acting at the behest of Schiavo, who opposed Plaintiff's petition for immediate therapy, has further entered the aforementioned order of September 17, 2003, denying all therapy and rehabilitation to Terri between that date and the death date of October 15, 2003, despite sworn affidavits of speech pathologists presented to the guardianship judge that Terri is a good candidate for therapy for weaning from her G-tube and back onto nutrition by mouth. 58. If Schiavo and the guardianship judge have their way, Terri will die a slow and painful death over the course of a week or more because she cannot Page 18 of 34 presently eat and drink by mouth while being denied the very therapy that would allow her to eat and drink by mouth. 59. Schiavo and the guardianship judge are state actors, acting in concert, for the same reasons alleged in Count 1, above, in Paragraphs 36-37, inclusive. 60. The actions of Schiavo in depriving Terri of her liberty interests as enumerated above in this Count have been committed ultra vires, in violation of both the Fourteenth Amendment and the Florida's guardianship statutes and without authority arising from any guardianship plan, which Schiavo has refused to file for three years. 61. The guardianship judge and Schiavo, acting jointly as Terri's guardians, have knowingly violated Terri's liberty interests guaranteed by the Fourteenth Amendment and integrated into Florida's guardianship statutes. 62. This joint action, albeit under color of law, is in fact in excess of any statutory authority granted either to the guardianship judge or to Schiavo and constitutes a departure from the law's fundamental requirements. 63. Schiavo has willfully, deliberately and maliciously acted to deprive Terri of her constitutional rights under color of state law, his malice being shown by his contradiction of sworn testimony to a jury that he would care for Terri for the rest of his life, his "Do Not Resuscitate" order for a ward who is not Page 19 of 34 terminally ill, his attempt to deprive his own wife of the most basic care and therapy, his successful demand that Terri's guardian ad litem be removed, his decade-long campaign of deliberate degradation of Terri's neurological responses by a calculated plan of sensory deprivation that is continuing in nature, his looting of Terri's guardianship estate for attorney fees in the effort to have her killed, contrary to his promises to the jury about how the money would be used, his surreptitious removal of Terri to a hospice facility, and his cohabitation with another woman, during which he has fathered two children out of wedlock. 64. As the direct and proximate result of this joint action, taken in deliberate and knowing indifference to Terri's constitutional rights, Terri has suffered and is in fact suffering further irreparable harm on a daily basis occasioned by the wholesale deprivations of her liberties. 65. Terri has no adequate remedy at law for the threatened irreparable harm. WHEREFORE Plaintiff seeks the following relief: A. A declaratory judgment that Schiavo's joint action with the guardianship judge, and in particular the Order of September 17, 2003 depriving Terri of all rehabilitation, is a violation of Terri's Fourteenth Amendment due process liberty interests; Page 20 of 34 B. A temporary and permanent injunction issued pursuant to the authority of 42 U.S.C. § 1983, enjoining and restraining Schiavo from defeating or attempting to defeat Terri's liberty interests under the Fourteenth Amendment as recognized by Florida Statute § 744.3215. C. As to past deprivations, an award of compensatory and punitive damages in favor of Terri and against Schiavo. D. An award of fees and costs pursuant to 42 U.S.C. § 1988. E. Such other relief as this Court deems just and proper. COUNT III _________ DEPRIVATION OF PROPERTY IN VIOLATION OF _______________________________________ FIFTH AND FOURTEENTH AMENDMENTS _______________________________ 66. Plaintiff adopts and incorporates by reference Paragraphs 1 through 25 above as though fully re-alleged herein. 67. Terri's parents have been treated as interlopers in the guardianship proceedings since the medical malpractice award was received, in that they are not served with any information concerning the status of the finances of the guardianship estate. Plaintiff herself, of course, has no separate and independent representative to speak for her in those matters. 68. As a result, Plaintiff's finances are kept virtually secret from Plaintiff and her parents. Page 21 of 34 69. On May 14, 1997, the guardianship court authorized Schiavo to hire special trial counsel George Felos, Esq., to effect Terri's death through the filing and litigation of the Petition at the rate of $195.00 per hour and to pay special counsel from the funds of the guardianship estate. Terri had no legal representative to raise objections to this arrangement. 70. On March 27, 2000 and before Mr. Felos submitted his first invoice for court approval, the guardianship court entered its order granting Schiavo's request to seal fee petitions, in advance. Both the request and the order granting the request were ultra vires and contrary to settled principles of law. Terri had no notice of this proposed order and no opportunity to object to its entry. 71. One month later, on April 28, 2000, the guardianship court authorized a payment to Schiavo's special counsel for fees at the rate of $225 per hour - and not the $195 per hour previously granted - for the period of March 15, 1997 through January 28, 2000, in the amount of $75,186.25. This payment was made pursuant to an invoice submitted to the court in camera pursuant to the earlier sealing order and ex parte in that it was not served on Terri or the parents. Terri had no notice of this fee petition and no ability to object to it. Page 22 of 34 72. The Clerk of the Circuit Court, pursuant to its statutory auditing obligations, had objected to use of guardianship funds to pay Schiavo's counsel for speaking to news reporters, for which he had sought compensation, but the guardianship court disregarded the Clerk's objection. 73. Thereafter, from time to time and at irregular intervals, Schiavo's counsel submitted additional ex parte and in camera fee petitions, which the guardianship court approved at the rate of $225 per hour. Terri had no notice of these fee petitions and no opportunity to object to them. 74. Ultimately, the guardianship court awarded Schiavo's death counsel $357,246.67 in fees, nearly half of Terri's entire guardianship estate, upon these secret fee petitions. 75. On information and belief, other charges against the guardianship estate, including fees payments to other attorneys, have depleted the balance to less than $50,000, which has now been placed in a Medicaid trust in order to qualify Terri for Medicaid benefits. 76. At no time has Plaintiff been permitted advance notice of nor the opportunity to protest the use of her funds for these purposes or in these amounts. Page 23 of 34 77. Plaintiff has a due process right not to be deprived of her property without due process of law as guaranteed in the Fifth and Fourteenth Amendments. 78. Despite these guarantees, Plaintiff's assets have been systematically stripped from her in such a manner as to preclude advance notice or opportunity to protest and to preclude creation of a record from which to appeal, all in violation of her constitutional rights. This scheme has reduced Plaintiff to penury. 79. Furthermore, Plaintiff's status as a cognitively-impaired ward renders her especially vulnerable to the predations of those who would use her funds to benefit themselves, rather than her, in violation of the guarantee of equal protection of the laws. 80. This ultra vires scheme of secret fee petitions, granted without scrutiny by any independent advocate for Plaintiff, was done under color of state law pursuant to the legal fiction that Chapter 765 proceedings are for the "benefit" of wards such as Plaintiff and, as such, guardianship funds may be used to pay for the effort to end the ward's life. 81. The symbiotic relationship between Schiavo, the guardianship court, and Schiavo's special counsel imbue the acts of each as alleged in this Court with the cloak of State sanction. Page 24 of 34 82. This scheme was carried out by the guardianship court and Schiavo as joint state actors, acting in concert. WHEREFORE Plaintiff demands judgment of Defendant for compensatory damages, pre- and post-judgment interest, and for such other and further relief as to the Court seems just and equitable. COUNT IV ________ CONSTITUTIONAL CONSPIRACY _________________________ TO VIOLATE FOURTEENTH AMENDMENT LIBERTIES _________________________________________ 83. Plaintiffs adopt and incorporate by reference Paragraphs 1 through 82 as though fully re-alleged herein. 84. The guardianship judge and Schiavo conspired to deprive Terri of her Fourteenth Amendment liberty interests and her correlative rights under Florida laws by reaching an understanding that Terri would be deprived of these rights under an ultra vires arrangement, not sanctioned by Florida statute, by which Schiavo would be given free reign to engage in a broad array of rights deprivations without court supervision or restraint. 85. This conspiracy and understanding is reflected in the following facts, demonstrating that the judge acted with knowledge of, and with the intent to assist Schiavo in the corruption of the administration of justice in the state court proceedings so that Terri's rights would be denied to her: Page 25 of 34 A. he knowingly violated settled law and procedure by conducting secret, in camera fee petition proceedings which have looted Terri's estate without notice or opportunity to be heard, and in spite of objection by the Probate Clerk to elements of the fee requests; B. he knowingly failed to require Schiavo to undergo mandated guardianship training and file mandate annual guardianship plans; C. he knowingly allowed Schiavo to defeat Terri's retained rights to rehabilitation, therapy, essential services, restoration to competency as soon as possible and prudent financial management of her property without any hearing, order or guardianship plan authorizing Schiavo to act in these areas; D. he knowingly allowed Schiavo to relocate Terri to a hospice and treat her as terminally ill, thus depriving her of all possibility of curative care, without the requisite due process hearing; E. he knew that Schiavo had provided false information to the tribunal regarding Terri's alleged "wishes," as Schiavo's recently concocted claim that Terri did not want to be sustained on the G-tube flatly contradicted his prior sworn testimony to the medical malpractice jury that he would devote the rest of his life to caring for Terri and seeking Page 26 to 34 her rehabilitation, of which testimony the judge was aware, and Schiavo's further sworn testimony in a 1993 deposition, of which the judge was also aware, that he would could never remove Terri's G- tube; F. he knew, in allowing Schiavo to deprive Terri of all therapy for years, and in issuing his order of September 17, 2003 denying all therapy to wean Terri off the G-tube before the death date, that denial of therapy to an incapacitated ward was contrary to both the terms of Schiavo's guardianship appointment and Florida law, which absolutely bar such deprivation absent a hearing and a finding - never requested or made - that Terri would have refused therapy. G. he knowingly refused to investigate serious allegations and substantial evidence that Schiavo may have bodily harmed Terri and was a continuing threat to her well being, as shown by a bone scan report and the affidavits of Terri's care givers, one of whom overheard Schiavo demanding "when is that bitch going to die?" and another of whom suspected Schiavo of attempting to induce insulin shock in Terri, and who treated Terri repeatedly for insulin shock symptoms of Page 27 of 34 suspicious origin immediately following Schiavo's appearance in her room at night, behind closed doors; H. confronted with affidavits of independent non-party caregivers as noted in the previous paragraph, he knowingly failed and refused to conduct the statutorily mandated hearing but, in a departure from all due process, pronounced the affidavits not credible without even taking testimony from the affiants; I. when confronted with the long history of Schiavo's abuses and departures from the law, and reminded of a guardianship judge's affirmative duty under the 1989 amendment to the guardianship statute to proactively investigate and correct misconduct by guardians, the judge flatly refused, on the record, to follow the legislative mandate imposed upon him, stating that to follow the legislative mandate would create a "conflict" with Schiavo's position that would lead to Schiavo seeking his disqualification for "bias"; and J. he knew that Schiavo's position was adverse to Terri's and that the guardianship proceeding, in a departure from all pertinent law, had become an adversary proceeding between Schiavo and his wife, yet he publicly rejected Governor Jeb Bush's request that he appoint an Page 28 of 34 independent guardian ad litem to protect Terri from past and possible future harm by Schiavo, expressing this refusal at a press conference in his chambers during which he commented on the pending proceeding to the news media. 86. These facts evidence an ultra vires understanding between the guardianship judge and Schiavo that Schiavo would be exempt from the laws, rules and practices that apply to every other guardian in the State of Florida; would not be subject to any supervision or impediment in his plan to kill Terri; and amounts to the guardianship judge's surrender of his judicial power to Schiavo such that the independence of the judiciary has been compromised to a significant degree. 87. Terri has been incapable of raising any of these issues in the state court precisely because of the guardianship judge's abandonment of the law, which has prevented appellate review. 88. Schiavo and the guardianship judge either knew or should have known that these acts as alleged in this count violated Terri's established constitutional rights. Page 29 of 34 89. Schiavo, in carrying out this conspiracy and effecting the above-alleged deprivations, acted willfully and with malice, as alleged in Paragraphs 39 and 63, above. WHEREFORE Plaintiffs request the following relief against Schiavo: A. A preliminary and permanent injunction enjoining and restraining Schiavo from further deprivations of Terri's constitutional and retained rights; B. Compensatory and punitive damages. C. Such other and further relief as the Court deems just and proper. COUNT V _______ BREACH OF FIDUCIARY DUTY UNDER STATE LAW ________________________________________ 90. Plaintiff adopts and incorporates by reference Paragraph 1 through 25 above as though fully re-alleged herein. 91. Defendant Schiavo owed a fiduciary duty toward Plaintiff, as her Guardian of the Person, and, as such, owed a duty of utmost loyalty to Plaintiff, unclouded by personal interest. 92. As a feature of this fiduciary duty, Schiavo was obligated under state law to recognize and to respect all of Plaintiff's retained rights pursuant to Florida law, including her right to rehabilitation, her right to food and other basic Page 30 of 34 necessities, her right not to have her property and assets disposed of without notice and opportunity to be heard, her right to be returned to capacity at the earliest moment, her right to receive visitors and to communicate with others, her right to be treated humanely, with dignity and respect, and to be protected against abuse, neglect, and exploitation, her right to have her financial affairs managed in a prudent manner, and her right to have a qualified guardian. 93. In addition, Schiavo owes a fiduciary obligation to Plaintiff to file an annual report and plan for court approval, setting forth in a meaningful way his plans for the coming year as to how he intends to accomplish his goals of protecting his ward and promoting her welfare. 94. Schiavo has breached and continues to breach each and every one of his fiduciary obligations toward Plaintiff as set forth above in Paragraphs 72 and 73, inter alia, in that he has maintained Plaintiff in virtual solitary confinement for years, without any systematic program of rehabilitation, has mounted litigation against his ward with the aim of causing her death and funded the litigation with her assets, objected to the continued services of Plaintiff's guardian ad litem who disagreed with his death plan and, also, failed to resign as guardian despite his obvious conflict of interest, has Page 31 of 34 unreasonably burdened or outright forbade visitors with Plaintiff, refused to take the minimum and statutorily-mandated guardian's training for a period of twelve (12) years, has failed and refused to file annual reports and plans or filed them so untimely as to be meaningless, has forbade feeding by mouth for Plaintiff and, also, has objected to any therapy that would make such possible. 95. Plaintiff has been profoundly and irreparably harmed by Schiavo's abuse, neglect and exploitation, in that she has been stripped of her assets, has lost time and opportunity to improve her condition, and now faces an unnecessary and unlawful death order. WHEREFORE, Plaintiff demands judgment against Schiavo for all damages allowable at law, including compensatory and punitive damages, pre- and post-judgment damages, and such other and further relief as to the Court seems just. JURY TRIAL __________ Plaintiff demands a jury trial for all issues herein so triable. Page 32 of 34 Christopher A. Ferrara, Esq. PATRICIA FIELDS ANDERSON, ESQ. American Catholic Lawyers Patricia Fields Anderson, P.A. Association, Inc. Fla. Bar No. 352871 50 South Franklin Turnpike 447 Third Avenue North, Suite 405 Ramsey, NJ 07447 St. Petersburg, FL 33701 (201)236-1799; fax (201)236-3965 (727)895-6505; fax (727)898-4903 Appearing in accord with Local Rule 2.02 LAWRENCE D. CROW, ESQ. WALLACE B. ANDERSON, ESQ. Florida Bar No. Florida Bar No. Larry Crow, P.A. 2202 NW Shore Blvd., Ste 200 1247 S. Pinellas Avenue Tampa, FL 33607-5747 Tarpon Springs, FL 34689 (813) 649-4255;fax(813) 639-7501 (727)945-1112; fax (727)945-9224 By: JAMES SHEEHAN, ESQ. 341 3rd Street South St. Petersburg, FL 33701 (727) 821-1928 CERTIFICATE OF SERVICE ______________________ I HEREBY CERTIFY that true copy hereof has been mailed and faxed on this 22nd day of September, 2003 to the following named addressee: GEORGE J. FELOS, ESQ. 595 Main Street Dunedin, FL 34698 Attorney for Michael Schiavo PATRICIA FIELDS ANDERSON, ESQ. Page 33 of 34 VERIFICATION ____________ I HAVE READ the foregoing Second Verified Amended Complaint on this 22nd day of September, 2002, and swear that it is true and correct. ROBERT SCHINDLER, SR. SWORN TO and subscribed before me on this 22nd day of September, 2003 by ROBERT SCHINDLER, SR. Notary Public State of Florida My commission expires: Page 34 of 34