Posts Tagged ‘City Attorney’

Florida Man Fights Extensive Public Records Request Abuse

Friday, May 26th, 2017

INTRODUCTION
 
The City of Homestead has a torrid reputation, and a pattern of willfully refusing to comply with the public records law. Homestead is a little town at the southern end of Miami-Dade County, rarely receiving the scrutiny it deserves as a cesspool of public corruption and maleficence.
 
I have used the records request process, as a pre-discovery method for investigating my civil rights claims. Homestead has failed to comply with the public records law on the majority of the nearly one hundred requests I have filed.
 
Homestead has a pattern and practice of unlawful noncompliance as it relates to the records law including but not limited to: excessively overcharging for records, claiming inapplicable exemptions, creating automatic and/or unreasonable delays in production, claiming incriminating records do not exist, falsifying records and destruction of records.
 
Florida has some of the strictest public records laws in the nation. The records law is thoroughly explained in the Government in the Sunshine Manual (GSM), and the city owns several copies. Yet, you could be easily fooled into thinking otherwise, based on the behavior and actions of Homestead and their attorneys.
 
I hope the information provided herein, while extensive by nature, will educate the readers on the public records law and how some public entities create costly issues.
 
BACKGROUND
 
PINAC published the original story of my abuse by Homestead officer Alejandro Murguido, beginning in 2012. I was falsely arrested in April 2013, after attempting to file a complaint, and charged for simply asking my neighbor to not speed and recklessly drive his city owned police car, in our community. Children regularly play in the street, and Murguido had previously asked me to contact him directly versus filing a formal complaint with his department.
 
I met with Homestead Chief of Police Alexander Rolle to file a complaint in February 2014. All false charges against me had been dismissed shortly

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WATCH: NYPD Settles Lawsuit in Teenage Brutality Case Where Witness was Pepper Sprayed for Recording

Thursday, December 29th, 2016

NYPD cops brutally beat 19-year-old Jateik Reed for resisting arrest and carrying drugs in 2012. Drugs were never found and the case was dismissed in court. Reed then filed a civil rights lawsuit against the city.
Now New York City has settled the lawsuit with Reed, who is now 24, for the amount of $614,500, his lawyers announced earlier this month.
Reed’s mother and two young brothers were also plaintiffs in the suit. The settlement was approved in July 2016, but the checks were now issued until December, NBC reports.
It all started in January 2012 when New York City police officers from the 42nd Precinct conducted a stop-and-frisk on Reed because they suspected him of possessing cocaine and marijuana.
But Reed began to tussle with officers, attempting to escape.
Using batons, the officers beat Reed while slamming him to the sidewalk. The officers then begin to punch, kick and hit the victim, screaming, “Put your hands behind your back!”
Detective Robert Jaquez then pepper sprayed a witness recording the melee, ordering him to “Move back!” For his reckless tough guy antics, the court made Detective Jaquez pay $500 toward the settlement.
All of the officers involved were disciplined by the NYPD. So much as to the fact that all officers involved in the beat down were stripped of their badges and guns during the initial point of the investigation.
Also, Sergeant Alfonsina Delacruz, who is one of the officers involved in the beating, was court ordered to contribute $5,000 to the settlement.
Why?
Well, once Reed was detained and in handcuffs, the female sergeant calmly approached Reed and kicked him for no apparent reason while he was down on the ground defenseless and imposing no threat as you can see in the second video below.
Also on the day of the incident, Reed’s mother, friend and two young brothers went to police headquarters for answers, but

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Chicago Pays $3 Million Settlement for Police Shooting Death of Teen Holding iPhone Case Mistaken for Gun

Tuesday, December 13th, 2016

Chicago will pay a $3 million settlement to the family of a teenager shot and killed while fleeing police on a busy street, claiming he had a black object in his hand that made them fear for their lives.
The black object turned out to be an iPhone case.
And surveillance cameras do not show Cedric Chatman, 17, pointing the object at officers as he fled as police initially reported, although the videos are grainy.
Nevertheless, Chicago police office Kevin Fry was found to have been justified in the shooting. But only after an investigator from the city’s  Independent Police Review Authority was fired last year after finding the shooting unjustified.
The incident took place in January 2013 but video of the shooting was not released until January 2016 after a lengthy court battle.
Cedrick Chatman
It all started when Fry and his partner, Lou Touth, tried to pull over a Dodge Charger they suspected had been carjacked, prompting its driver, Chatman, to take off running.
According to the Chicago Sun-Times:
The tragedy unfolded on the afternoon of Jan. 7, 2013, after Chatman and two friends allegedly beat and robbed a man driving a silver Dodge Charger before Chatman alone took off in the victim’s car.
Toth and Fry recognized the car on 75th Street, records show, and Toth pulled the officers’ unmarked squad car next to and slightly ahead of the Charger at 75th and Jeffery. Then, the officers, wearing plainclothes but in clearly marked police vests, jumped out of their car with guns drawn.
Toth ran around the front of the Charger, while Fry ran around the rear, records show. But Chatman appeared to reach down and grab something, opened the door of the Charger and fled southeast across 75th. He ran between two parked cars and then west on the sidewalk. Toth was initially on his heels but fell behind,

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California Deaf Man Beaten, Tasered and Choked by Police for not Understanding Commands Awarded $55,000 Settlement

Friday, November 18th, 2016

After mistaking a deaf man for a thief, beating him, tasering him and choking him because he was unable to understand their commands, the Hawthorne Police Department in southwest Los Angeles has settled a lawsuit for $55,000. The settlement was approved by the City Council on Tuesday.
The deaf man identified as Jonathan Meister and co-plaintiff Greater Los Angeles Agency on Deafness Inc. will receive the settlement on the basis of civil rights violations under the Federal Americans with Disabilities Act.
Meister was at a friends house in February 2013 gathering items from his vehicle when a neighbor called police thinking he was a car thief, according to NBC Los Angeles.
Although there were four officers that responded to the call, Officers Jeffrey Salmon and Jeffrey Tysl were identified as the aggressors.
Once on scene, they yelled out to Meister and he in return motioned that he was deaf.
The officers motioned for Meister to come towards them, which he did, but then they grabbed his wrists and placed his hands behind his back – a very uncomfortable position for Meister given the fact that he is deaf and uses his hands to speak.
The lawsuit, which can be read here, describes how officers Salmon and Tysl got close to Meister and roughed him up. Amidst the miscommunication, Meister ran away from the officers who gave chase, only to catch him, fight with him more and taser him.
The officers pushed Meister up against the wall. Officer Salmon put Meister in a choke hold and subsequently kneed him twice in the abdomen.
Officer Tysl then punched Meister in the face repeatedly.
That was when Salmon shot Meister with a Taser X-26 which brought Meister careening to the ground. Officers kicked and elbowed Meister repeatedly while another officer shocked him a second time with the taser.
After a second choke hold and third Taser shock, Meister

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California Cop Receives $175,000 Settlement for Racial Discrimination; Second Settlement in Eight Years

Wednesday, November 16th, 2016

Former Chula Vista Police Officer David Mitchell will receive a $175,000 settlement from the city after he was fired for making complaints of racism from his superiors. The settlement was reached this week.
Mitchell was a lieutenant with the San Diego Police Department, a position he obtained after suing the department for racial discrimination in 2008 in a case that settled.
The California cop retired in 2014, then joined the ranks of the Chula Vista Police Department, just south of San Diego, the following year at the age of 61.
But he was fired within his first 10 weeks of training after he reported other officers using racial slurs, according to 10 News.
Mitchell claims he was in the midst of training when he heard two of his field training officers make racial slurs on two separate occasions.
On the first occasion, Mitchell heard a supervising officer refer to a city location as “nigger hill.”
On the second occasion another training officer refereed to a community group as trailer trash.
In June 2015, Mitchell filed a complaint with the state’s Department of Fair Employment and Housing. In July 2015 he was put on administrative leave, and 30 days later, Mitchell was abruptly fired.
Chula Vista police concluded that Mitchell was fired because he didn’t pass the probationary training period. The California Department of Fair Employment and Housing found no wrong doing by the department.
Mitchell filed the lawsuit in September of 2015, which you can read here, suing on the grounds of racial discrimination, retaliation, hostile work environment and harassment.
Mitchell claims he suffered emotional distress, lost wages and lost employment benefits.
“The city actually rallied behind the racist and threw Mr. Mitchell under the bus and retaliated against him,” said his attorney, Dan Gilleon.
“The underlying act of racism is bad enough. You don’t use the n-word these days, especially with someone who’s a

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California Cop Receives $175,000 Settlement for Racial Discrimination; Second Settlement in Eight Years

Wednesday, November 16th, 2016

Former Chula Vista Police Officer David Mitchell will receive a $175,000 settlement from the city after he was fired for making complaints of racism from his superiors. The settlement was reached this week.
Mitchell was a lieutenant with the San Diego Police Department, a position he obtained after suing the department for racial discrimination in 2008 in a case that settled.
The California cop retired in 2014, then joined the ranks of the Chula Vista Police Department, just south of San Diego, the following year at the age of 61.
But he was fired within his first 10 weeks of training after he reported other officers using racial slurs, according to 10 News.
Mitchell claims he was in the midst of training when he heard two of his field training officers make racial slurs on two separate occasions.
On the first occasion, Mitchell heard a supervising officer refer to a city location as “nigger hill.”
On the second occasion another training officer refereed to a community group as trailer trash.
In June 2015, Mitchell filed a complaint with the state’s Department of Fair Employment and Housing. In July 2015 he was put on administrative leave, and 30 days later, Mitchell was abruptly fired.
Chula Vista police concluded that Mitchell was fired because he didn’t pass the probationary training period. The California Department of Fair Employment and Housing found no wrong doing by the department.
Mitchell filed the lawsuit in September of 2015, which you can read here, suing on the grounds of racial discrimination, retaliation, hostile work environment and harassment.
Mitchell claims he suffered emotional distress, lost wages and lost employment benefits.
“The city actually rallied behind the racist and threw Mr. Mitchell under the bus and retaliated against him,” said his attorney, Dan Gilleon.
“The underlying act of racism is bad enough. You don’t use the n-word these days, especially with someone who’s a

Vote on this story -->>>

California Cop Receives $175,000 Settlement for Racial Discrimination; Second Settlement in Eight Years

Wednesday, November 16th, 2016

Former Chula Vista Police Officer David Mitchell will receive a $175,000 settlement from the city after he was fired for making complaints of racism from his superiors. The settlement was reached this week.
Mitchell was a lieutenant with the San Diego Police Department, a position he obtained after suing the department for racial discrimination in 2008 in a case that settled.
The California cop retired in 2014, then joined the ranks of the Chula Vista Police Department, just south of San Diego, the following year at the age of 61.
But he was fired within his first 10 weeks of training after he reported other officers using racial slurs, according to 10 News.
Mitchell claims he was in the midst of training when he heard two of his field training officers make racial slurs on two separate occasions.
On the first occasion, Mitchell heard a supervising officer refer to a city location as “nigger hill.”
On the second occasion another training officer refereed to a community group as trailer trash.
In June 2015, Mitchell filed a complaint with the state’s Department of Fair Employment and Housing. In July 2015 he was put on administrative leave, and 30 days later, Mitchell was abruptly fired.
Chula Vista police concluded that Mitchell was fired because he didn’t pass the probationary training period. The California Department of Fair Employment and Housing found no wrong doing by the department.
Mitchell filed the lawsuit in September of 2015, which you can read here, suing on the grounds of racial discrimination, retaliation, hostile work environment and harassment.
Mitchell claims he suffered emotional distress, lost wages and lost employment benefits.
“The city actually rallied behind the racist and threw Mr. Mitchell under the bus and retaliated against him,” said his attorney, Dan Gilleon.
“The underlying act of racism is bad enough. You don’t use the n-word these days, especially with someone who’s a

Vote on this story -->>>

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