IN THE UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF ALABAMA

SOUTHERN DIVISION

ANGELA DENISE NAILS, *

 *

PLAINTIFF, * 1:06-CV-00737.WKS

 *

vs. *

 *

DOTHAN RESCUE MISSION, *

 *

DEFENDANT. *

DEFENDANT S RESPONSE TO PLAINTIFF S

AFFIDAVIT OF SUBSTANTIAL HARDSHIP

THE DEFENDANT, Dothan Rescue Mission, responds to the 

Plaintiff s Affidavit of Substantial Hardship and moves the

Court to find that Nails is not indigent and to deny her

request to proceed without having to pay the $455.00 docket

fee for an appeal from this Court. In support of this

request, the Defendant states:

1. Information provided by Nails on her Affidavit of

Substantial Hardship (Document 67) is inconsistent. In her 

answer to question 3.A. concerning car payments and

transportation expenses Nails lists a car payment of $262.00

per month. However, in her response to number 4, Liquid

Assets, she states the value of any equity in personal

property she owns as $0.00. This line specifically states

 Equity in Personal Property, etc. (such as the value of

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motor vehicles, stereo, VCR, furnishings, jewelry, tools,

guns, less what you owe. ). If Nails is paying $262.00 a

month for a vehicle the vehicle must have some value. 

2. Nails claims to receive $852.00 a month from

Social Security for disability. She claims this is her

total monthly income. The Court should consider Nails s 

deposition testimony, which is part of the record of this

case. Nails testifies that she worked for an automobile

parts warehouse moving boxes of parts in September of 2006. 

(Nails Depo 32 lne 5, 33 line 1). Nails also testifies that

she operated her own cleaning business in Ft. Walton Beach,

Florida in 2005 and 2006. (Nails Depo 33 lines 21 through

35, 35 line 8).

3. Nails testifies that she was awarded Social

Security Disability with Medicare and Medicaid in November

of 2003. (Nails Depo 35 lines 13-15). Nails admits in her

deposition testimony, however, that she has earned income

other than Social Security disability since November of

2003. Nails testifies:

Q. 91? All right. Then, you worked for these

cleaning services off and on, roughly, to 2003? 

Is that accurate? 

A. 2005, 2000 and about 2006.

Q. Alright. You were working for these

cleaning services at a time that you also received

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Social Security Disability?

A. Yes.

(Nails Depo 38 lines 5-12).

4. Nails fails to list any income from her cleaning

business on her Affidavit. Also, she fails to list the

value of her cleaning business as an asset on her Affidavit.

5. Nails deposition testimony noted above shows that

she is capable of paying the $455.00 docket fee to file an

appeal in this case. 

6. Nails is not taking this appeal in good faith.

Despite the clear orders from the Magistrate and this Court

explaining step-by-step the procedures she was required to

follow and the evidence she was required to submit, Nails

failed to comply with these requirements. Nails presented

no evidence to rebut the Magistrate s findings concerning

the Defendant s Motion for Summary Judgment. Nails

submitted no evidence to support her claims or rebut the

Defendant s properly supported Motion for Summary Judgment.

7. Nails s deposition testimony establishes that she

had no evidence to support any of her claims:

Q. Let s go back to May of 2003. Do you

have any evidence or information to support a

claim that you being asked to leave after this

trial period in May of 2003, had something to do

with a physical disability that you had?

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A. No.

Q. Do you have any evidence or information

that might support a position that your meal

tickets being taken away from you in June of 2005,

had something to do with a physical disability

that you had?

A. No.

(Nails Depo 92 line 24 through 93 line 10).

8. With regard to grants from state or federal

entities Nails testifies:

Q. As you sit here today under oath, you

can t tell me that The Dothan Rescue Mission is

receiving a Federal Grant, can you?

A. No.

Q. As you sit here today under oath, ma, can

you tell me that The Dothan Rescue Mission is

receiving a grant from the State of Alabama.

A. No.

(Nails Depo 60 line 19 through 61 Line 2).

9. Furthermore, Nails bases her claims on a law of

the Republic of the Philippines. Defendant s Exhibit 21 is

a copy of the Urban Development and Housing Act

(UDHA). The UDHA is a law of the Republic of the

Philippines. The first page of the UDHA clearly states this

fact. Nails agrees that Defendant s Exhibit 21 is a correct

copy of the UDHA:

Q. And you agree with me that we ve got a

copy of the UDHA over here as Defendant s Exhibit

21?

A. Yes.

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(Nails Depo 81 lines 2-5).

 10. Nails also testifies to the following:

Q. Ms. Nails, I do apologize to you. I want

to make certain that I m clear on a couple of

things. Do you have any evidence or information

that the Dothan Rescue Mission actually receives

block grants from a Government entity?

A. No.

(Nails Depo 104 lines 11-17).

11. Nails testifies about the Rescue Mission s status

as a religious organization as follows:

Q. So, as you sit here today, under oath,

you have been sworn to tell the truth by this lady

right over here, do you have any evidence or

information to tell me about today, that supports

the position you re taking that the Dothan Rescue

Mission is not a religious organization?

A. I don t have any information or proof for you 

today that the Dothan Rescue is not a religious

organization.

(Nails Depo 53 lines 4-13). 

12. Nails signed Section 5 of the Affidavit of

Substantial Hardship, which contains the following language

above her signature:

I swear or affirm that the answers are true and 

reflect my current financial status. I understand

that a false statement or answer to any question 

in the Affidavit may subject me to the penalties of 

perjury. I authorize the Court or its authorized 

representative to attain records or information 

pertaining to my financial status from any source

in order to verify information provided by me. I 

further understand and acknowledge that, if the 

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Court appoints an attorney to represent me, the 

Court may require me to pay all or part of the 

fees and expenses of my Court-appointed counsel.

13. Nails has failed to provide answers reflecting her

true and current financial status and her deposition

testimony is a proper source for this Court to use in

determining her true financial ability.

WHEREFORE the Defendant moves this Court to find that

Nails is not indigent and to deny her request to proceed

without having to pay the $455.00 docket fee for an appeal. 

HARDWICK, HAUSE, SEGREST & WALDING

BY:/s/ Kevin Walding 

Kevin Walding (WAL036)

ASB-8121-I-69J

Post Office Box 1469

Dothan, Alabama 36302

Phone: (334) 794-4144

Fax: (334) 671-9330

BY:/s/ Patrick B. Moody 

Patrick B. Moody (MOO110)

ASB-0905-T73M

Post Office Box 1469

Dothan, Alabama 36302

Phone: (334) 794-4144

Fax: (334) 671-9330

 

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CERTIFICATE OF SERVICE

I hereby certify that, this date, I have served a copy

of this document on the following attorney of record by

placing a copy in the United States Mail in a properly

addressed envelope with adequate postage.

Angela Denise Nails

342 South Saint Andrews Street

Apartment 808

Dothan, Alabama 36301

This the 14th day of May, 2007.

/s/ Kevin Walding 

Of Counsel

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