John Cavicchi Attorney at Law 25 Barnes Ave. E. Boston, MA Tel

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1 John Cavicchi Attorney at Law 25 Barnes Ave. E. Boston, MA Tel Andy Ramirez, Chairman Friends of the Border Patrol PO Box 2685 Covina, CA July 11, 2008 Re: Request for congressional investigation Eugene Cavicchi case, Miami CBP and Federal Judiciary National Conference in Houston, June 8, 2008 Dear Mr. Ramirez: As you requested, attached hereto are supporting documents in support of my statement at the National Conference Exhibits 1-7, wherein I discussed my brother s case. Exhibit 8 contains a backdated, fabricated letter and Mark Conrad s declaration the letter was unsigned, typed in perfect English, and dated January 30, The letter was attributed to Rafael Moya, an immigrant who does not speak or write literate English, and writes his name Rafael Moya, not Ralph Moya, as indicated on the typed letter. I have enclosed Moya s handwritten statement on November 25, According to Agency attorney, Tara Barry, the letter was discovered in former Agency attorney Francesca Alvaro s files. CBP proferred the letter and later tried to claim that Moya gave the letter to Wilfredo Lopez. However, Lopez admitted that he was unaware of the letter until shortly after I noticed his deposition on November 20, When I asked Lopez whether he discussed the letter with anyone, AUSA Fernandez cited the attorney client privilege. Lopez admitted that he discussed the letter with Agency attorney Claire Lemme several days before his deposition. I have Lopez s deposition on CD, which I shall provide separately. I did not include records of Miami-Dade s prosecution of an individual who assaulted and battered Gene. Moya, who restrained the assailant and another civilian, Igor Sandoval, witnessed the assault and battery and provided statements. However, AUSA Fernandez and CBP continue to represent that it was an alleged assault. According to Sandoval s testimony: [C]ustoms officer was handing out invoices, walked to the table. Lady was on garbage can sitting down. Customs officer in full uniform asked lady to move off

2 garbage can. She started to use profanity towards him... He asked three or more times, then said he wanted to see her I.D. badge for who she worked for... And asked her again and again. He saw her badge and went to reach for it and she grabbed his hand, pushed him, jumped off the garbage can, punched him on the chest and broke his glasses. There is a medical examiner s report of a homicide at the Miami Free Trade Zone. Despite a struggle over a gun between two inspectors, legacy Customs determined the incident a suicide within a few hours. Retired CBPO Barbara Evans and Scott Bober will cooperate with investigators. Supervisor Myra Quirk s husband, a Miami-Dade officer, participated in the investigation. Quirk and Georges were in the chain of command for legacy Customs. Attached is a Washington Post article regarding continuing ethical lapses of judges, including Eleventh Circuit Judge Gerald Bard Tjoflat he was a deciding judge in Gene s case. I do not have in Boston the files of the judicial complaints my brother filed; however, I know Judge Tjoflat is on the Judicial Council because he was a deciding judge in those complaints. I believe he is the chairman. Congress should subpoena the judicial misconduct complaints. These documents will show that the courts cannot be trusted to police themselves. Also included are my comments to the proposed amended rules of judicial conduct and the committee s perfunctory and disingenuous response thereto. Finally, my comments on the judiciary were my words, based on thirty-five years of experience as an attorney. I was unaware of Thomas Jefferson s views on the judiciary, that the Constitution is flawed, and that he left it to future generations to correct: [T]he great object of my fear is the Federal Judiciary. That body, like gravity, ever acting with noiseless foot and unalarming advance, gaining ground step by step, and holding what it gains, is engulfing insidiously the special governments into the jaws of that which feeds them. To Judge Spencer Roane, March 9, * * * [B]ut you will have a more difficult task in curbing the Judiciary in their enterprises on the Constitution...A better remedy I think, and indeed the best I can devise would be to give future commissions to judges for six years (the Senatorial term) with a re-appointmentability by the president with the approbation of both houses. That of the H. of Repr. imports a majority of citizens, that of the Senate a majority of states and that of both a majority of the three 1 Thomas Jefferson, The Works of Thomas Jefferson, Federal Edition (New York and London, G.P. Putnam s Sons, ). Vol 12, Chapter: TO JUDGE SPENCER ROANE Accessed from on

3 sovereign departments of the existing government, to wit, of it s [sic] Executive & legislative branches. If this would not be independence enough, I know not what would be such, short of the total irresponsibility under which we are acting and sinning now... [F]or the judiciary perversions of the constitution will forever be protected under the pretext of errors of judgment, which by principle are exempt from punishment. Impeachment therefore, is a bugbear which they fear not at all. But they would be under some awe of the canvas of their conduct which would be open to both houses regularly every 6 th year. It is a misnomer to call a government republican, in which a branch of the supreme power is independent of the nation [T]he machine, as it is, will, I believe, last my time, and those coming after will know how to repair it to their own minds. To James Pleasants, Dec. 26, * * * [B]ut it is not from this branch of government [Congress] we have most to fear. Taxes and short elections will keep them right. The judiciary of the United States is the subtle corps of sappers and miners constantly working under ground to undermine the foundations of our confederated fabric. They are construing our constitution from a co-ordination of a general and special government to a general and supreme one alone. This will lay all things at their feet... Having found, from experience, that impeachment is an impracticable thing, a mere scare-crow, they consider themselves secure for life; To Thomas Ritchie, December 25, We look forward to meeting with congressional investigators and ultimately testifying before Congress. Sincerely, /s/ John Cavicchi 2 Thomas Jefferson, The Works of Thomas Jefferson, Federal Edition (New York and London, G.P. Putnam s Sons, ). Vol 12, Chapter: TO JAMES PLEASANTS Accessed from on Thomas Jefferson, The Works of Thomas Jefferson, Federal Edition (New York and London, G.P. Putnam s Sons, ). Vol 12, Chapter: TO THOMAS RITCHIE Accessed from on

4 JOHN CAVICCHI TO FRIENDS OF BORDER PATROL Mr. Ramirez, distinguished panel, Friends of the Border Patrol. America needs more people like Andy Ramirez who has given us the opportunity to voice our concerns. The problems in Customs and Border Protection run much deeper than the agency. I believe that the root of the problem is dishonest government lawyers who protect corrupt management officials and the judges who protect them and each other. The most serious threat to our democracy is the trend towards an unequal application and enforcement of the law and the lack of the appearance of impartiality and appearance of impropriety by those sworn to uphold, enforce and adjudicate the law. In 1947, Einstein said, [E]ven the most perfectly planned democratic institutions are no better than the people whose instruments they are. 1 Nearly sixty years later, Judge Edith Jones of the United States Court of Appeals for the Fifth Circuit stated that, The American legal system has been corrupted almost beyond recognition. 2 1 ROBERT P. WEEKS, COMMONWEALTH VS. SACCO AND VANZETTI, 273 (Prentice-Hall, Inc.) (1958). Everything should be done to keep alive the tragic affair of Sacco and Vanzetti in the conscience of mankind. They remind us of the fact that even the most perfectly planned democratic institutions are no better than the people whose instruments they are...

5 Referring to lawyers, the judge said: [O]thers seem uninhibited about making misstatements to the court or their opponents or destroying or falsifying evidence. When lawyers cannot be trusted to observe the fair processes essential to maintaining the rule of law, how can we expect the public to respect the process? How can a system founded on law survive if the administrators of the law daily display their contempt for it? In 2005, the American Bar Association found that More than half of Americans are angry and disappointed with the nation s judiciary...nearly half agreed with a congressman who said judges are arrogant, out-of-control and unaccountable. 3 According to Founding Father Alexander Hamilton, 4 judges are given permanency in office because they are above politics and are immune to outside interference. Article III, Section 1 of the Constitution states that [J]udges... shall hold their offices during good Behavior... However, there is no definition of good Behavior. Congress has abdicated its authority by allowing judges to create judicial councils and to define good Behavior. It is naïve to believe that 2 Speech before the Federalist Society of Harvard Law School on February 28, Geraldine Hawkins, American Legal System is Corrupt Beyond Recognition, Judge Tells Harvard Law School. Click archives, search Judge Edith Jones. 3 Martha Neill, Half of U.S. Sees Judicial Activism Crisis, ABA Network Journal, October 3, THE FEDERALIST NO

6 judges can be trusted to police themselves. Elected officials are accountable to the voters. Judges are burdened with the same shortcomings as the rest of us, but are accountable only to other judges. It is un-american, undemocratic and possibly unconstitutional to allow the judiciary to secretly police itself. Judicial independence does not mean freedom to depart from the facts, logic, reason and the rules of court. Judicial independence does not mean judicial tyranny. The judiciary is no longer a co-equal branch of government. It has surpassed the other two branches and governs according to the rule of judges. It has become a nation within a nation. The Constitution must be amended to require term limits for judges and to require that judges be American born. Is it good behavior to feign lack of understanding of basic English, to disregard facts, to create facts and arguments, to ignore Supreme Court precedent, to openly associate with a representative of a litigant while the opposing litigant has a case pending before the same judge, and to protect a judge who publicly invited only one counsel into the privacy of his chambers? When a judge signs a decision, does he do so under the pains and penalties of perjury? Can a judge be criminally prosecuted or impeached for writing fiction, or is the only remedy an appeal alleging an abuse of discretion.? 3

7 I submit that the aforesaid conduct constitutes judicial perjury and obstruction of justice. They are impeachable offenses. Congressman Tom Tancredo s description of Miami as a Third World country is an understatement. Only in Miami would six federal judges and fifty-eight state judges commit to attend the criminal defense bar s headline event a post-indictment, lifetime award ceremony for a lawyer federally indicted for Columbian drug money-laundering and wire fraud. 5 Where else would Customs and Border Protection continually promote an individual who tampered with evidence and placed marijuana in a black cruise ship passenger s luggage? Only in Miami would CBP promote an official who was caught in a sex act with another CBP official on government time, in a government car and in a government garage. Since I became involved in Title VII cases several years ago in Miami Federal District Court, I have monitored the Eleventh Circuit Court of Appeals and its repeated attempts to explain away discrimination. Consider the following telephone call to an African-American woman regarding a pizza delivery. Judge Martinez threw out the woman s case, which was explained-away and affirmed on appeal: [S]o funny... [a] nigger trying to sound important. When 5 Julie Kay, Miami criminal defense group rallies to embattled attorney s cause National Law Journal Online, May 17,

8 I m finished with you, you re not gonna look like yourself. We can t even resell the pizzas because your pathetic people, the people you work with, touched the food. I can t wait to find you. You don t know who you re dealing with. We re like the old fashioned kind of Italian restaurant people. It s gonna be beautiful. Can t wait to find you, you piece of shit nigger. Nigger bitch. 6 I began representing my brother Eugene in federal court in A supervisor, Myra Quirk, without authority to do so, had called our 86 year old mother s doctor in Our mother had suffered from an incurable form of heart disease. When challenged, Quirk falsely accused my brother of filing falsified medical documents in support of an FMLA request. My brother reported her to Internal Affairs for making the false criminal allegation. IA did nothing. Instead, it disregarded that it had provided my brother with a high risk public trust reinvestigation in IA resurrected 1998 false allegations of misconduct by Helen Calvit, his former supervisor and a friend of Quirk. The allegations had been found to be unsubstantiated in In defense of my brother s age and gender discrimination case wherein the agency hired two entry level females in their twenties for a position for which he applied, IA un concluded its investigation and 6 Kinnon v. Arcoub, Gopman & Associates, 490 F.3d 886, 889 (11 th Cir. 2007) 5

9 coordinated its new investigatory activity with the timing of his litigation in 2001 and In defense of the discrimination case, CBP lawyers falsely claimed that Gene was subject to a lengthy and ongoing Internal Affairs investigation, and that the selecting official was unaware of his age and gender. My brother s first and middle names appeared on the application Eugene Alfred. The application showed that he graduated from college in The Eleventh Circuit Court of Appeals ignored our brief, adopted the agency s false arguments and went to impermissible extremes. Prior to litigation, my brother had received numerous awards and commendations, including one from former President Bush for his efforts on the war on drugs. Although my brother s ethnicity was never raised as an issue in any pleading, and although our grandparents were born in America in the 1870s, the court took judicial notice of our ethnic heritage and engaged in offensive ethnic stereotyping. It stated that Gene is an Italian-American male over suspected of... associating with persons connected to criminal activity. In truth, there were no such persons connected to any criminal activity. The court ignored that five days after the IA investigation had 6

10 concluded in 1999, the same office of Internal Affairs had provided him with his favorable high risk public trust reinvestigation. Jose Martinez was one federal district court judge who decided our case. Born in the Dominican Republic, Judge Martinez broadcasts baseball, football and basketball games for the University of Miami. Judge Martinez did not disclose to labor union lawyers suing Coca-Cola that Coke sponsors the University of Miami sports website. Neither did he disclose his former law firm s association with Coke. While Columbian Coke workers were tortured, kidnapped or illegally detained, the judge sat in the broadcast booth for nearly four years before finally deciding in Coke s favor. 7 Judge Martinez is the federal judiciary s pastor problem. A Eucharistic minister, he threw out a jury verdict against the Catholic archdiocese in a child abuse case, but did not disclose his association to lawyers suing the archdiocese. 8 In 2006, we won a petition for a writ of certiorari in the Supreme Court. On remand from the court of appeals, although both parties had consented to have the case decided by a United States magistrate judge, Judge Martinez reached out, assigned the case to himself and ignored the Supreme Court. Although Panelist Mark Conrad filed a declaration stating 7 Report by Campaign to Stop Killer Coke, Judge Jose Martinez and Coca-Cola: Conflict- of- Interest Pattern Emerges, December 1, Trevor Aaronson, Religious Conviction, Miami New Times. October 12,

11 that the assistant United States attorney admitted that she had nothing to support her allegations and that she had, in effect, fabricated the case, Judge Martinez ruled that the declaration, written in plain English by a seasoned criminal investigator, was vague and conclusory. A first year high school student could have understood what Mark Conrad wrote. In another case, Judge Martinez allowed the same assistant United States attorney to manipulate the random judge assignment procedure by falsely stating that the Supreme Court had remanded our case to the district court. In truth, the case had been pending in the court of appeals. Judge Martinez took no action against the assistant United States attorney for her mendacity, and appeared at Miami DHS Headquarters to receive an award. He also appeared at a Miami DHS sponsored event, gave the keynote address, and openly associated with a named hostile witness, District Field Officer Winkowski the agency s retaliator-in-chief. The display of patriotism by wearing the American flag on one s lapel has become an issue in this year s presidential campaign. Consider DHS s publicly distributed flyer the American flag is displayed at the bottom of the page and below the flags of nineteen other nations. Judge Martinez s picture appears on the opposite page. 8

12 Chief Judge Federico Antonio Moreno, born in Venezuela, gives new meaning to the term judicial activism. In one case, he allowed his clerk to write his decision and sign his name without apparently reviewing what the clerk wrote and signed. As a result, Judge Moreno s clerk adversely impacted the economy and stopped the trade of certain goods to Latin America for three months. 9 In our case, Judge Moreno protected Judge Martinez from publicly responding to allegations regarding his appearance of impropriety and lack of impartiality. Judge Moreno subverted the rules of court, gave himself a Christmas present, as he stated in court, assigned the cases to himself and denied motions to recuse Judge Martinez as moot. Judge Moreno promptly repeated the same errors which caused the Supreme Court to vacate and remand the case, and became the third judge to deny an outstanding discovery motion as moot. The motion would have collapsed CBP s house of cards. It had been pending since In 1994, Jose Ramirez, a GS-14, tampered with evidence and admitted to placing marijuana in a black couple s luggage. CBP denied his request for a downgrade to a GS-12, stating that he could not fulfill duties in a credible and effective manner. 9 John Pacenti, The Judiciary, Unauthorized court order halts PlayStation shipments. Daily Business Review, February 15,

13 In 2003, Judge Moreno approved a decision against Ramirez, which condemned both Ramirez and the agency stating: Without question, Defendant [Customs] could have relied on Plaintiff s [Ramirez s] actions related to the 1994 cruise ship incident not only to deny Plaintiff s reassignment request, but also to terminate Plaintiff s employment [T]he parties have produced disturbing evidence, including the fact that in spite of Plaintiff s conduct, Defendant has not only continued to employ him, but has repeatedly promoted him. 10 After the court s scathing decision, CBP promoted Ramirez to Port Director, a GS-15. We filed the agency s findings and Judge Moreno s decision in court. However, Judge Moreno refuted them and claimed that they were bombastic insinuations and accusations. On September 12, 2006, I called and questioned CBP Commissioner Ralph Basham on C-Span. I asked Mr. Basham the following question: [H]ow an individual who admitted to placing marijuana in a black couple s luggage in a cruise ship in 1994 would receive three promotions up until the point where he is presently the port-director for the Port of Miami, and what does that say about the integrity of the individuals who are chosen to ensure the security of our ports? Commissioner Basham responded: [W]e take every allegation of integrity, violation of integrity, 10 Ramirez v. Snow, at 22 n.9, No CIV-MORENO/GARBER (S.D. Fla. June 11, 2003). 10

14 corruption very, very seriously... If you are aware of one... an issue that someone has, in fact, done what you ve said they ve done, I suggest that you report it...to ICE or the Inspector General of Homeland Security. Judge Martinez would state that Commissioner Basham s answer was vague and conclusory. Judge Moreno would call it bombastic insinuations and accusations. In May 2008, however, Commissioner Basham posed for a group photo op with the same Jose Ramirez. Finally, how would Congress define an impeachable offense? Congress should summon these judges and order them to explain their conduct and their decisions. To define an impeachable offense, Congress could allude to former Supreme Court Justice Potter Stewart s attempt to define hard core pornography, I know it when I see it. 11 Congress will know an impeachable offense when it sees it. Thank you, John Cavicchi Houston, June 8, Jacobellis v. Ohio, 378 U.S. 184, , 84 S.Ct (1964) (Stewart, J. concurring) I shall not today attempt further to define the kinds of material I understand to be embraced within that shorthand description; and perhaps I could never succeed in intelligibly doing so. But I know it when I see it. 11

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17 Saturday, March 29, 2008 America Online: Jecavicchi Page 2 of 4 Judge Federico Moreno Judge Moreno threw out a case that would help protect South Florida foster children. This ruling was extremely questionable: U.S. judge rejects class-action lawsuit on behalf of foster children in Florida December 5, 2001 Florida 's rate of abuse in foster care - about one in every 11 children is 15 times higher than the national standard. The rate of abuse has gotten worse in the last three years according to an analysis the government documents by the Florida Times-Union. Tallahassee attorney Karen Gievers described the foster-care system as the worst ``abuser, neglecter and exploiter of children in Florida." She and other child advocates hoped to force sweeping change in the state's foster-care system by filing a class-action lawsuit on behalf of about 20,000 children in state care in Florida. U.S. District Judge Federico Moreno dismissed the suit ruling that that federal oversight of Florid 's child-welfare system was unnecessary because individual state court judges had the power to protect and order services for children under their jurisdiction. "The relevant question is not whether the state courts can do all that [advocates] wish they could, but whether the available remedies are sufficient" to protect children in state care. "This court declines to hold that the allowable remedi are inadequate." Carolyn Salisbury, associate director of the University of Miami Law School's Children and Youth

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19 EXHIBIT 1 POST-INDICTMENT AWARD CEREMONY FOR LAWYER INDICTED FOR COLOMBIAN DRUG MONEY LAUNDERING AND WIRE FRAUD

20 Page 1 of 1 5/17/2008 Select 'Print' in your browser menu to print this document National Law Journal Online Page printed from: Back to Article Miami criminal defense group rallies to embattled attorney's cause Julie Kay / Staff reporter May 16, 2008 MIAMI Ben Kuehne, the prominent Miami defense attorney who is facing federal charges of money laundering in connection with his vetting of legal fees, will receive the highest honor from a Miami criminal defense organization Saturday night. Also to be honored is the defense team for convicted terrorist Jose Padilla and his co-defendants. More than 400 lawyers, judges and guests including six federal judges, two appellate judges, 37 circuit judges and 19 county court judges are planning on attending the annual installation and awards banquet of the Miami chapter of the Florida Association of Criminal Defense Lawyers. Kuehne will receive the Daniel S. Pearson-Harry W. Prebish Founder's Award, the group's highest honor, which is given "in recognition of a lifetime commitment to preserve the constitutional rights of all citizens and for manifesting the very best principles for which FACDL-Miami stands an openhearted devotion to justice, civility, discretion, courage, respect for human dignity and mercy." Also being honored: the eight lawyers that made up the defense team for Jose Padilla and his four co-defendants, convicted of conspiracy to commit terrorism. Miami attorneys Jeanne Baker, Michael Caruso, Orlando do Campo, Marshall Dore Louis, Anthony Natale, Marjorie Russell and Kenneth Swartz along with Detriot lawyer William Swor will receive the Rodney Thaxton "Against All Odds Award." That award is named after the late Rodney Thaxton and given to a criminal defense lawyer who "having taken on a particularly difficult or unpopular client or cause, represents the heart and spirit of criminal defense, and who epitomizes the courage of the criminal defense lawyer to stand apart (and often alone) as Liberty's Last Champion," according to a statement from the FACL. The defense lawyers for Padilla and his co-defendants several of them assistant federal public defenders spent three months in trial and many months preparing for the trial. Some even flew to the Middle East for research. Rick Freedman, incoming president of the FACDL's Miami chapter, said chapter leaders decided to give Kuehne the top award before his indictment. Kuehne, a member of the Florida Bar Board of Governors and former president of the Dade County Bar Association, was indicted by a federal grand jury Feb. 7 in connection with his vetting of legal fees for Miami attorney Roy Black. Black received $5 million in fees to represent Colombian drug kingpin Fabio Ochoa after Kuehne declared the legal fees clean. Kuehne's indictment on money laundering and wire fraud charges, although rumored for years, stunned criminal defense lawyers in Miami and throughout the country. The Miami chapter of the FACDL issued a statement in support of Kuehne, who plead not guilty.

21 EXHIBIT 2 [S]o funny... [a] nigger trying to sound important. When I m finished with you, you re not gonna look like yourself. We can t even resell the pizzas because your pathetic people, the people you work with, touched the food. I can t wait to find you. You don t know who you re dealing with. We re like the old fashioned kind of Italian restaurant people. It s gonna be beautiful. Can t wait to find you, you piece of shit nigger. Nigger bitch.

22 Wednesday, June 25, 2008 America Online: Jecavicchi Page 1 of 8 Subj: Date: From: To: (no subject) 6/25/2008 8:08:06 P.M. Eastern Daylight Time Jecavicchi Jecavicchi 490 F.3d 886, 20 Fla. L. Weekly Fed. C 789 Briefs and Other Related Documents United States Court of Appeals, Eleventh Circuit. Valerie KINNON, Plaintiff-Appellant, v. ARCOUB, GOPMAN & ASSOCIATES, INC., a Florida Corporation, d.b.a. Flora's Pizzaria of Miami, Florida, Defendant-Appellee. No June 29, Background: African-American customer who requested delivery from pizza restaurant for her employer's staff meeting brought 1981 action against restaurant's manager, alleging racially motivated discrimination in connection with late delivery and delivery surcharge. Restaurant manager moved for summary judgment. The United States District Court for the Southern District of Florida, No CV-JEM, Jose E. Martinez, J., granted motion. Customer appealed. Holdings: The Court of Appeals, Birch, Circuit Judge, held that: (1) customer was not precluded by agency status from bringing 1981 action, as she was either not acting as an agent or was acting as an agent for an undisclosed principal; (2) restaurant manager's alleged discriminatory telephone calls containing racial slurs, made after customer terminated contract by refusing to pay, were insufficient to establish elements of 1981 claim; and (3) restaurant had legitimate, nondiscriminatory reasons for late delivery and delivery surcharge. Affirmed. West Headnotes [1] KeyCite Citing References for this Headnote 78 Civil Rights 78I Rights Protected and Discrimination Prohibited in General 78k1041 k. Contracts, Trade, and Commercial Activity. Most Cited Cases To state a claim under 1981, a plaintiff must identify an impaired contractual relationship under which the plaintiff has rights. 42 U.S.C.A [2] KeyCite Citing References for this Headnote 78 Civil Rights 78III Federal Remedies in General 78k1328 Persons Protected and Entitled to Sue 78k1331 Persons Aggrieved, and Standing in General 78k1331(6) k. Other Particular Cases and Contexts. Most Cited Cases 78 Civil Rights KeyCite Citing References for this Headnote 78III Federal Remedies in General 78k1328 Persons Protected and Entitled to Sue

23 Wednesday, June 25, 2008 America Online: Jecavicchi Page 2 of 8 78k1332 Third Party Rights; Decedents 78k1332(6) k. Other Particular Cases and Contexts. Most Cited Cases African-American customer who requested delivery from pizza restaurant for her employer's staff meeting was either not acting as the employer's agent when she ordered the food or acting as an agent on behalf of an undisclosed principal, and therefore, under Florida law, customer was a party to the contract and could sue restaurant manager under 1981; customer did not indicate to restaurant that she was acting on behalf of a principal, and did not identify any principal. 42 U.S.C.A [3] KeyCite Citing References for this Headnote 308 Principal and Agent 308III Rights and Liabilities as to Third Persons 308III(B) Undisclosed Agency 308k139 Acting in Agent's Name 308k141 k. Execution of Written Instruments. Most Cited Cases Under Florida law, an agent who makes a contract on behalf of an undisclosed principal is a party to the contract. [4] KeyCite Citing References for this Headnote 78 Civil Rights 78I Rights Protected and Discrimination Prohibited in General 78k1007 Bases of Discrimination and Classes Protected 78k1009 k. Race, Color, Ethnicity, or National Origin. Most Cited Cases 78 Civil Rights KeyCite Citing References for this Headnote 78I Rights Protected and Discrimination Prohibited in General 78k1030 Acts or Conduct Causing Deprivation 78k1033 Discrimination in General 78k1033(1) k. In General. Most Cited Cases The elements of a cause of action under 1981 are (1) that the plaintiff is a member of a racial minority; (2) that the defendant intended to discriminate on the basis of race; and (3) that the discrimination concerned one or more of the activities enumerated in the statute. 42 U.S.C.A [5] KeyCite Citing References for this Headnote 78 Civil Rights 78I Rights Protected and Discrimination Prohibited in General 78k1043 Public Accommodations 78k1046 k. Inns and Restaurants; Bars and Taverns. Most Cited Cases Pizza restaurant manager's alleged discriminatory telephone calls containing racial slurs, which were made to African-American customer who refused to pay for pizza after it was delivered late, were insufficient to establish elements of 1981 claim; calls took place only after customer successfully terminated verbal contract for delivery by refusing to pay. 42 U.S.C.A [6] KeyCite Citing References for this Headnote 78 Civil Rights 78I Rights Protected and Discrimination Prohibited in General 78k1041 k. Contracts, Trade, and Commercial Activity. Most Cited Cases Section 1981 does not provide a general cause of action for all racial harassment that occurs during the

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