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Calibri;Calibri; \*Riched20 10.0.22621 **IN THE CIRCUIT COURT OF [YOUR COUNTY], FLORIDA**\\ CIVIL DIVISION FM E CASE NO.: 16-2001-DR-2055-FM DEMETRIUS A THOMPSON, Plaintiff, v. FLORIDA DEPARTMENT OF REVENUE, STATE ATTORNEY [KEVIN A HEMPHILL], HEARING OFFICER [GARRETT N. BARKET], FLORIDA DEPARTMENT OF MOTOR VEHICLES, CREDIT REPORTING AGENCIES, AND OTHER UNKNOWN DEFENDANTS, Defendants. --- **MOTION TO DISMISS CONTEMPT CHARGE** COMES NOW, the Plaintiff, **[DEMETRIUS A. THOMPSON]**, and respectfully moves this Honorable Court to dismiss the pending **Motion for Contempt** filed against him on the following grounds: 1. **Procedural Error & Due Process Violation** - The same hearing officer who initiated the contempt motion **reviewed and dismissed Plaintiff's prior motion to dismiss**, creating a **clear conflict of interest** and violating due process. - Plaintiffs previous motion was dismissed on the basis that it was **filed two days late**, an arbitrary technicality that disregards the substantive due process violations in this case. 2. **Financial Inability & Wrongful Enforcement** - Plaintiff has been under **severe financial hardship** due to wrongful child support enforcement actions, including **license suspension, credit reporting damage, and unlawful imprisonment**. - Under *Turner v. Rogers*, 564 U.S. 431 (2011), a defendant **cannot be held in contempt without a proper ability-to-pay hearing**. Plaintiff has already provided evidence of his financial incapacity, which has been ignored. 3. **Judicial Bias & Conflict of Interest** - The hearing officers refusal to acknowledge procedural irregularities and financial hardship **demonstrates bias**. - The reassignment of this case to the same officer **deprives Plaintiff of an impartial review**. WHEREFORE, Plaintiff requests that this Court: A. **Dismiss the Motion for Contempt with Prejudice** due to procedural defects and due process violations. B. **Reassign this case to an impartial judge** to ensure fairness in future proceedings. C. **Grant any other relief deemed just and proper.** **Dated:** [April 1, 2025]\\ Respectfully submitted,\\ **[DEMETRIUS A. THOMPSON]**\\ [1003 MAYER DR  JACKSONVILLE, FL. 32211]\\ [904-451-2175]\\ [[KAMONRAKING@GMAIL.COM](mailto\\:KAMONRAKING@GMAIL.COM)] --- ### **JUDICIAL MISCONDUCT COMPLAINT** (To be filed with the Florida Judicial Qualifications Commission) **To Whom It May Concern:** I, **[DEMETRIUS A. THOMPSON]**, file this complaint against **[GARRETT. N. BARKET]** for judicial misconduct due to the following: 1. **Failure to Recuse from Reviewing His Own Contempt Motion** The hearing officer dismissed my prior motion to dismiss while presiding over the same contempt charge he initiated. 2. **Denial of Due Process** He ignored evidence of my financial hardship and dismissed my motion on an arbitrary technicality. 3. **Clear Judicial Bias** By refusing to acknowledge procedural errors and denying my right to a fair hearing, he demonstrated a lack of impartiality. I request an investigation into these violations and any appropriate disciplinary action. Sincerely,\\ **Dated:** [April 1, 2025]\\ Respectfully submitted,\\ **[DEMETRIUS A. THOMPSON]**\\ [1003 MAYER DR JACKSONVILLE, FL. 32211]\\ [904-451-2175]\\ [[KAMONRAKING@GMAIL.COM](mailto\\:KAMONRAKING@GMAIL.COM)] --- ### **CIVIL RIGHTS LAWSUIT (UPDATED FOR CONTEMPT ISSUES)** (Updated in both State and Federal Complaints) #### **COUNT VI JUDICIAL MISCONDUCT & DUE PROCESS VIOLATION** 35. Defendants, including **[GARRETT N. BARKET]**, denied Plaintiff the right to a fair hearing by presiding over a case in which he had a personal interest. 36. Plaintiff was **denied an impartial review** when his motion was arbitrarily dismissed for being two days late, without regard to its substantive legal merits. 37. The contempt proceedings are being used **as a tool for financial coercion**, despite Plaintiffs documented inability to pay. WHEREFORE, Plaintiff seeks: - **Immediate dismissal of the contempt proceedings**; - **Injunctive relief preventing further enforcement actions**; - **Monetary damages for wrongful enforcement and financial harm**. ---