Posts Tagged ‘Lawsuits’

Arizona Man Sues Prosecutor for Wrongful Arrest that Kept him in Jail for Two Months

Friday, January 5th, 2018

Imagine spending two months in jail for a robbery that you didn’t commit. Well, that is exactly what happened to an Iowa man after he was falsely charged with first-degree robbery.
Now he is suing the prosecutor that threw him in jail.
Joseph McBride, 23, was arrested for his assumed role in a January 2017 home invasion robbery in Cedar Rapids, Iowa.
McBride was in Phoenix at the time of his August 2017 arrest, several months after the original crime was committed.
And he showed authorities a time-stamped cell phone selfie proving he was in Arizona at the time of the Iowa home invasion, but they remained steadfast that they had the right guy.
MeBride is from Cedar Rapids but he moved to Phoenix in November 2015.
He was one of three people arrested for the crime.
Linn County Attorney Jerry Vander Sanden is the prosecutor that brought charges on McBride. Sanden alleged in court documents that social media posts and phone records suggested that McBride was involved in the home invasion robbery.
Sanden says the charge was based on a, “good-faith belief that the victim was correct in the identification.”
But as it turns out, the only evidence Sanden and police relied on was the victim pointing to a facebook photo of McBride, claiming he was involved in the crime.
The victim, identified as 27-year-old Tristan Hermann, told police that an acquaintance he knew as Elizabeth came to his apartment. Two men then forced their way in Hermann’s apartment, beating him with a handgun, and stealing his money and cellphone.
Hermann identified the woman as 22-year-old Elizabeth Navarro and said she set him up.
Hermann, who is bipolar, told police days later that he “had done his own investigation” and concluded the men involved were Navarro’s boyfriend, Austin Foster, and a man with the Facebook name “Jody Holliday.”
Police used photos and

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Motel 6 Chain Sued For Releasing Guest Information to Feds

Friday, January 5th, 2018

Motel 6 is known for being a cheap motel.
But now the national chain is being sued by Washington State Attorney General Bob Ferguson for handing over thousands of motel guest’s information to federal officials.
Several Motel 6 locations in Washington routinely provided U.S. Immigration and Customs Enforcement (ICE) with confidential guest information, some of which occured on a daily basis. Some guest were even arrested based on the information provided.
PINAC News obtained the lawsuit which was filed on Wednesday in Seattle. The lawsuit details how since 2015 Motel 6 gave 9,000 guest’s information to ICE without any search warrants being issued for the information.
Motel 6 responded to the lawsuit saying: “[The information released was limited to] the local level without the knowledge of senior management. Motel 6 takes this matter very seriously, and we have and will continue to fully cooperate with the Office of the State Attorney General.”
Initial allegations from The Phoenix New Times pointed to Motel 6 locations in Arizona that were giving information to ICE. When Ferguson heard of the allegations in Arizona, he launched his own investigation into Washington Motel 6 locations that engaged in the same practice.
In fact, Motel 6 employees from Washington locations told Ferguson that “ICE agents circled any Latino or Latina-sounding names on the guest registry, and returned to their vehicles.” The agents would then run background checks on the circled names without any reasonable suspicion or probable cause.
“Washingtonians have a right to privacy, and protection from discrimination. I will hold Motel 6 accountable and uncover the whole story of their disturbing conduct,” Ferguson said.
The attorney general noted in the lawsuit that Motel 6 used unfair and deceptive business practices and violated Washington state privacy laws, while also noting that Motel 6 engaged in discrimination based on nationality. The Washington State Supreme Court considers guest information

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LAPD to Pay $1.9 Million for Fatal Shooting of Wheelchair Bound Man who “Lunged” at them with a Knife

Friday, October 13th, 2017

The Los Angeles City Council has agreed to pay $1.9 million after LAPD officers shot and killed a mentally ill, wheelchair-bound man.
After his death on April 21, 2015, the police department claimed Luis Molina Martinez, 35, lunged at them with a knife, which made them fear for their lives, prompting them to shoot him four times.
An autopsy would reveal three of those shots were fired into his back, according to LATimes.
“One officer then kicked Mr. Martinez twice and none of the officers made any attempt at providing medical attention,” the lawsuit that prompted the settlement stated.
Arnold Casillas, the attorney representing Martinez’s wife and children, disputed the account of the incident, saying Martinez’s injuries were so serious that he would have been physically unable to stand up after falling from a balcony, which left him wheelchair bound and unable to move towards the officers.
Casillas maintained Martinez was unarmed and argued the shooting was  “unreasonable, unnecessary, excessive and unjustified under the law” and noted the LAPD police chief along with the commission faulted the officers for not bringing their Tasers into Martinez’s apartment even though they knew they were responding to a report of a suicidal man who stabbed himself.

“This is a classic example of Keystone Kops-type antics,” Casillas said.

According to his wife, Monica Ramirez, Martinez became depressed from not being able to return to work.
Luis Molina Martinez
It was Martinez’s wife who called 911 on April 21, 2015, reporting her husband had become suicidal and was bloody after cutting himself with a knife, but that he was no longer armed.
When officers responded, they claim Martinez was sitting in a wheel chair with his shirt covered in blood.
According to the report, when they attempted to speak with him, Martinez pull a knife from under his leg and ignored officers’ commands to drop it.
Police

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Florida Sheriff who Targeted Evacuees with Warrants at Shelters Sued for Violating Fourth Amendment

Wednesday, September 13th, 2017

A Florida sheriff who bluntly tweeted about arresting evacuees with warrants who were seeking shelter from Hurricane Irma is being sued for violating the Fourth Amendment by requiring background checks to enter hurricane shelters.
But Polk County Sheriff Grady Judd claims the lawsuit is “frivolous”.
“They filed that lawsuit for free press and it’s obviously frivolous. I have a nationwide profile and they see it as an opportunity for nationwide press,” Judd told the Orlando Sentinel.
The complaint, which was submitted on September 10 to the 10th Judicial Circuit Court electronically, was filed by Andres Borreno, who claims Sheriff Judd violated his right to be free from unreasonable searches and seizure during a “crisis situation” after being forced to undergo a background check as he tried to seek shelter from Hurricane Irma.
Borreno claims deputies at the shelter never informed him he was suspected of a crime at the time he entered the shelter.
He also alleges in the suit that the shelters set up in Polk County were pedestrian “checkpoints” and used to conduct “fishing expeditions to find any possible basis, no matter how tenuous, for issuing citations to or arresting human beings seeking refuge from a Class 5 hurricane” and argues trying to gain entry into an emergency shelter to save one’s life and the lives of family members does not” constitute suspicion for criminal conduct.
After receiving criticism for targeting those with even petty warrants, Judd claimed his tweets were aimed at registered sex offender in order to prevent them from entering shelters.
“If you go to a shelter for #Irma and you have a warrant, we’ll gladly escort you to the safe and secure shelter called the Polk County Jail,” he wrote on Twitter.
“We cannot and we will not have innocent children in a shelter with sexual offenders and predators,” he tweeted later.
“Period.”
We reported last

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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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Good Cop who didn’t Shoot Suicidal Man with Unloaded Gun Sues West Virginia City for Firing him Over it

Saturday, May 13th, 2017

A good cop who decided to negotiate with a suicidal man with an unloaded gun instead of killing him filed a lawsuit against the West Virginia city that fired him over it.
The Weirton police officers who did shoot and kill the suicidal man kept their jobs.
According to the suit, officer Ryan Kuzma, who fired the fatal shot that killed 21-year-old Ronald William, sent text messages to the fired officer, Stephen Mader, calling him a “coward” who “didn’t have the balls to save his own life.”
Kuzma added Mader and his mother were “loud mouth pieces of shit” who would get an officer killed – although it appears Mader, a Marine veteran who served in Afghanistan, is anything but a coward.
Stephen Mader was fired for not shooting a man holding an unloaded gun.
After Kuzma fatally shot Williams in the head, it was determined the silver pistol he was holding was not loaded.
Nevertheless,, the Weirton Police Department called Mader a “bad cop” and a “disgruntled” employee” who “froze” during the incident.
It happened on May 6, 2016 after police received a call from Williams’ girlfriend about a domestic dispute.
“The call came in around 2:50 in the morning,” Mader said.
“The whole thing was over by 3:02(a.m.).”
“When he brought his hands from behind his back, he had a silver pistol in his right hand,” Mader recalled.
“I drew my duty weapon and I’m telling him, ‘Put the gun down, put the gun down.’”
“Just shoot me,” Williams told Mader after brandishing an unloaded pistol on him, according to the Huffington Post.
Unaware the silver pistol Williams was holding in his hand wasn’t loaded, Mader observed Williams didn’t appear angry and seemed more depressed.
With his gun drawn on Williams, Mader didn’t view him as an immediate threat,  so he worked to deescalate the situation.
“Saying the words ‘Just shoot me’ sent

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New Mexico Couple Awarded $1.6 Million in Police Abuse Case

Friday, February 17th, 2017

The New Mexico cops did not appreciate Jillian Beck walking away from them after they responded to a neighborhood dispute, prompting an officer to grab her arm, twist it behind her back and slam her to the ground, leaving her with a fractured arm as he planted his knee on her back.
When the woman lifted her head to console her four-year-old son who began crying, the Las Cruces police officer slammed her face on a bed of rocks, leaving her with a broken nose and a bruised and bloodied face.
When her husband became alarmed, thinking his wife was choking on her own blood, he walked up to help her, but he was also arrested.
Las Cruces police officer Isaiah Baker then turned to a female officer and bragged about his deeds, telling her that Jillian Beck “got thrown” and ended up with a “face full of rocks.”
“Cool,” the female officer responded, according to an audio clip that was heard during a civil trial last week.
After a five-day trial and three-hour deliberation, a jury awarded the couple $1.6 million.
The federal jury ruled that Las Cruces police officers Isaiah Baker and Joseph Campa used unreasonably excessive force and violated the couples Fourth Amendment right.
The incident took place in January 2013 after Jillian Beck called police to report a disturbance with neighbors around 10 p.m., according to the Las Cruces Sun-News.
Beck’s neighbors were blowing loud air horns at dogs that wouldn’t stop barking. In retaliation, Beck threw salmon and onions on her neighbor’s vehicle along with a mean note. Officers arrived on scene and warned Beck to stop. Then they left.
Angered, her neighbors then turned around and called police back to the scene around midnight proclaiming that the Becks left another threatening note at their door.
Officers Baker, Campa and Manuel Chavez responded to the scene and questioned

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WATCH: Ohio Deputies Pepper Spray Man Strapped in Restraint Chair

Thursday, February 16th, 2017

A Ohio sheriff’s department once again has been exposed on video pepper spraying a detainee strapped in a restraint chair, a disturbing incident that took place a month after an almost identical video surfaced that was written off as an “isolated” incident by the sheriff who runs the jail.
The practice does not seem very isolated considering the victim in the latest attack expressed fear about getting strapped to the chair before he even saw the chair.
“I’m not going in the chair, am I?” asks Charles Wade as soon as he soon as he steps into the Montgomery County Jail after being arrested on drunk driving charges on October 17, 2016.
Sure enough, deputies announce that they will “chair him,” which means strapping him into a full-body 7-point restraint chair, described as providing “the most secure way to restrain violent or combative prisoners while ensuring officer safety.”
“I am not resisting,” Wade says in the video. “I’m not doing anything to fight you guys. If you cause any pain, my lawyer will know about it.”
He also repeatedly pleads that “I can’t breathe” as they pepper spray him multiple times.
Montgomery County Sheriff Phil Plummer
The video was obtained by a local journalist and activist named David Esrati who posted it on his website, showing Wade being processed at Montgomery County Jail on drunk driving charges.
Esrati, a longtime critic of Montgomery County Sheriff Phil Plummer, described the video as follows:
Charles Alexander Wade is no choir boy. He’s a 37 year old black man who has had his share of run ins with the law. No stranger to the Montgomery County jail, he’s asking if he’s going to be “chaired” as the deputies are removing him from the back of the State Highway Patrol cruiser, where he is lying face down across the backseat, with his hands cuffed behind

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NYPD Cop Slips Finger into Man’s Anus and Wiggles it Around

Monday, February 13th, 2017

An NYPD cop with “an odd fetish” slipped his finger into a man’s anus and wiggled it around after confronting the man inside a bodega for having a bulge underneath his shirt.
The bulge turned out to be a cellphone on a belt holder.
But even after NYPD officer Febres realized it was nothing but a phone, he proceeded to stick his ungloved hands inside John Hidalgo’s pants, penetrating his anus with his finger and fondling his penis and testicles.
He then Hidalgo a summons for disorderly conduct, which was dismissed in court, according to the New York Daily News.
Hidalgo’s lawyer said not only was Febres’ hand dirty and ungloved, but he did not even use lubricant. And the more Hidalgo protested, the deeper he thrusted his finger, which is why he said the cop has an odd fetish.

Hidalgo told the Daily News he was scared at the time of the incident.

“I wasn’t sure what was happening,” he said. “I’m feeling like I’m being violated.”
“I remember feeling his finger on the tip of my phallus,” Hidalgo, 48, recalled. “I said you ‘’What are you doing?’”
“He got more angry. He pushed me more hard to the wall and said ‘Don’t move,’” Hidalgo said. “He started on my back, in my butt, and then he started wiggling his finger.”
“I got mad. I said, ‘Why are you violating me?’ I said, ‘I wish I had the right to shoot you in the head,’” he said.
Hidalgo admits he shouted a pejorative term for homosexuals at some point during the encounter.
His lawyer said Hidalgo is not a homophobe but was simply scared.
“Rather, as a heterosexual with a limited IQ who had never before been anally penetrated, let alone by someone’s bare, dirty hand and without lubricant, this seemed terribly wrong to him and his reaction was perfectly appropriate under

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Fed lawyers deciding next step in Donald Trump travel ban fight

Friday, February 10th, 2017

Government lawyers fighting to defend President Donald Trump‘s executive order on immigration said Friday that “all options” are being considered after a federal appeals court ruled against the president’s ban on travelers from seven predominantly Muslim nations.
A Justice Department lawyer who spoke at a hearing in Virginia said the administration was weighing whether to challenge a 9th U.S. Circuit Court of Appeals ruling that upheld a temporary block on Trump’s ban, saying it was unlikely to survive a legal challenge.
“We may appeal. We may not,” attorney Erez Reuveni said. “All options are being considered.”
It could appeal the restraining order on Trump’s travel ban to the U.S. Supreme Court or it could attempt to remake the case in the district court.
Reuveni was appearing at a hearing before Judge Leonie Brinkema at which the state of Virginia was challenging the ban. The judge did not rule. She noted that “the status quo remains” because of the 9th circuit’s decision and suggested that a well-reasoned ruling would take time and could not be written “overnight.”
Michael Kelly, a spokesman for Virginia Attorney General Mark Herring, said Friday’s hearing in a federal court in a Washington, D.C., suburb posed the most significant state challenge yet to Trump’s order. In a statement, he said it “will be the most in-depth examination of the merits of the arguments against the ban.”
Lawyers for Herring, a Democrat, are asking the judge for a preliminary injunction barring the Trump administration from enforcing that portion of the Jan. 27 executive order that bars anyone from those countries — Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen — from entering the U.S. for 90 days. The state is not challenging that portion of Trump’s order suspending entry of refugees for four months.
“If the Commonwealth is successful in securing a preliminary injunction, it

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Trump’s Ban on Muslims Divides America and Creates Havoc at Airports Across the Nation

Monday, January 30th, 2017

Donald Trump has been President for less than 10 days and he has already caused mass chaos in airports across America. His executive order went into effect on Saturday which temporarily bans the entry of people trying to get into the United States coming from Iran, Iraq, Syria, Libya, Sudan, Somalia, and Yemen. Trump said during his campaign that in order to combat terrorism he wanted to ban Muslims from entering the United States.
The aforementioned countries are all predominantly Muslim nations.
But included in the new president’s executive order are VISA holders, green card holders, and permanent resident’s of the United States who have a legal right to be here. Refugees and asylum seekers from the mentioned countries are also part of the ban. Even military interpreters can’t get visa’s, they must stay in their countries and face retaliation for working with the American Government.
In fact, no Visa’s are being granted whatsoever for inhabitants of the affected nations.
Airports are in disarray because the order was put into action without notice. So even VISA holders, Green Card holders etc. that were already physically on flights to America were held up at terminals once they arrived if they were coming from one of the affected nations.
On Monday acting Attorney General Sally Q. Yates ordered the Department of Justice to not defend Trump’s order according to the NY Times.
Pertaining to her decision, Yates had this to say:
“For as long as I am the acting attorney general, the Department of Justice will not present arguments in defense of the executive order, unless and until I become convinced that it is appropriate to do so.
I am responsible for ensuring that the positions we take in court remain consistent with this institution’s solemn obligation to always seek justice and stand for what is right. At present, I am

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Daniel Shaver’s Widow Files $75 Million Lawsuit Against Mesa Police Department and Hotel

Thursday, January 19th, 2017

Just over a week after Daniel Shaver’s parents filed a lawsuit against the Arizona police department that shot and killed their unarmed son, his widow also filed a lawsuit.
This one for $75 million in damages.
Laney Sweet filed her lawsuit Tuesday against the Mesa Police Department, including Philip “Mitch” Brailsford, the cop who killed her husband with an AR-15 with the words, “You’re Fucked” inscribed on it.
Also mentioned in the lawsuit is the hotel company where the shooting took place.
According to the Associated Press:
Sweet filed her lawsuit against the city of Mesa, the team of officers who responded to the hotel call, and La Quinta Holdings, the parent company of the hotel in question.
Sweet alleges the leader of the team of officers gave confusing commands to Shaver while he was on the ground, encouraged overly aggressive reactions from his subordinates and handled the call as if there was an imminent threat of an active shooter.
The lawsuit said the hotel staff members who knew Shaver could have told officers that he wasn’t a threatening person and therefore could have lowered officers’ expectations about the risks at the hotel. Sweet also alleged that officers should have gathered more information about the call before approaching Shaver.
The incident took place in January 18, 2016 as Shaver was inside a fifth-floor hotel room with a couple of acquaintances showing them a pellet gun he used in his pest control business.
At one point, one of the men in the room pointed the pellet gun out the window, which led to people downstairs calling police, who arrived with guns drawn, ordering people out of the room.
Shaver, who was barefoot and wearing shorts and a t-shirt, was ordered to come crawling towards the officers, who all had their guns trained on him.
“Please don’t shoot me,” Shaver said according to

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WATCH: California Cops Shoot Legally Blind Man, Falsely Claiming he “Advanced” Towards them with Knife

Thursday, January 19th, 2017

Newly released video shows five heavily armed California cops storm a convenience store with a police dog  before shooting and killing a mentally ill man who was legally blind.
The store surveillance video, which contains no audio, contradicts the police version of events that claimed James Hall “advanced” towards them with a knife.
Instead, the video shows Hall cowering in the corner of the convenience store after cops had sicced their dog on him.
The video then shows one of the Fontana cops opening fire on him, then about ten cops swarming the body.
The incident took place on November 22, 2015 and Hall’s family filed a lawsuit against the Fontana Police Department last month. The video was released Wednesday by attorney Mark Geragos.
According to the lawsuit, which you can read here, Fontana police were very familiar with Hall, knowing him to be a peaceful man. They also knew him to be mentally ill.
The 47-year-old man was also known in the community as a peaceful man and even won a community award in 2010 for assisting in the rescue of a four-year-old autistic child.
But he also suffered from schizoaffective disorder, which is described as a “combination of schizophrenia symptoms, such as hallucinations or delusions, and mood disorder symptoms, such as depression or mania.”
Fontana police claimed they were responding to call of an armed robbery, encountering Hall who had a knife in one hand and a rock in the other hand.
They said they were only trying to keep the store clerk and themselves safe from the armed man.
However, the lawsuit states that Hall never even entered the store until after they arrived, and only because he was in fear for his life.
The lawsuit states that Hall’s family was denied access to his body for weeks after it was placed in the San Bernardino County Coroner’s office.
Read

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Award-Winning St. Louis Cop Sued for Searching Woman’s Vagina for Drugs During Routine Traffic Stop

Tuesday, January 17th, 2017

St. Louis police pulled a car over for making a U-turn, forcing a passenger out of the car, handcuffing her, then pulling her pants and underwear down as an officer probed her vagina for drugs with gloved fingers.
No drugs were found inside Kayla Robinson’s vagina, but she was still arrested on two counts of drug possession because she had already handed them a bag of weed.
But Detective Angela Hawkins believed Robinson had crack cocaine that she was not handing over. And the award-winning officer was sure the crack was hidden inside her vagina.
Robinson, who at the time was studying criminal justice to become a cop, pleaded with the officer to transport her to a police station where the vaginal probe could take place in private.
But Hawkins insisted it take place in a nearby parking lot in the presence of a male officer, who brought the female officer the gloves needed for the procedure.
Hawkins ended up disciplined by internal affairs and now she is being sued by Robinson.
According to the Riverfront Times:
A female officer with the St. Louis Metropolitan Police Department allegedly probed the inside of a black waitress’ vagina while a male officer watched — leading to discipline for the female officer and, now, a lawsuit in federal court.
The lawsuit, filed in November by attorney Jeremy Hollingshead, alleges that detective Angela Hawkins handcuffed 24-year-old Kayla Robinson after she was a passenger in a car during a routine traffic stop in 2012. Hawkins allegedly pushed the young woman up against a tractor-trailer and demanded to know where “the dope and the guns” were, according to the suit.
But the cavity search turned up no drugs. And Hawkins was later disciplined for her actions, the suit says.
From the lawsuit:
Defendant Hawkins put the gloves on, turned Plaintiff around so as to face the male officer,

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Illinois Cops Beating Black Man for Driving Own Car Highlights Larger Racial Profiling Issue

Tuesday, January 17th, 2017

The white woman was trying to be a good samaritan when she called police on a black man entering his car and driving away in a suburban Chicago town, thinking he had stolen it.
But Lawrence Crosby owned the Chevrolet and figured he would drive to a local police station in Evanston to prove it after realizing the woman was following him.
The 25-year-old engineering doctorate student from Northwestern University was accustomed to being profiled because of his race as he revealed in a phone conversation with a friend recorded by his dash cam that evening on October 10, 2015.
But the woman who remained on the phone with Evanston police as she followed him insisted she was not racially profiling. She just found it suspicious that a black man with a hoodie appeared to be using some type of bar to jimmy the car door open.
“I don’t know if I’m racial profiling,” the woman said in a conversation to the dispatcher as she followed him. “I feel bad.”
Crosby, in fact, had been trying to fix the moulding on the roof of his car, but it was dark. And he was dark.
And although many white people don’t like to admit it, racial profiling does takes place on the streets of the United States daily. Even police officers admit it. Black police officers, that is.
“You know how it is with black people,” Crosby said in his phone conversation with his friend. “They think we’re always trying to do something wrong.”
Evanston police eventually pulled up behind him and flashed their lights, signaling for him to pull over.
Crosby quickly pulled into a parking lot of a church – two blocks from the Evanston Police  Department – then stepped out with his hands in the air, his cell phone in his left hand as the cops began yelling “hands up!”.
He

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California Men who Spent Seven Months in Jail for Rap Lyrics and Facebook Photos File Lawsuit

Friday, January 13th, 2017

Two California men who spent seven months in jail for conspiracy to commit murder based on rap lyrics and Facebook photos that made no reference to actual murders filed a lawsuit against the San Diego Police Department Tuesday.
Police based their arrests on allegations that Brandon Duncan and Aaron Harvey were Facebook friends with suspected gang members they grew up with, using an obscure law that does not ever appear to have been used in California before the 2014 arrests.
But there was no evidence that either committed any murders or were actual gang members.
Duncan, 35, was an aspiring rapper who went by the moniker “Tiny Doo,” but who was making a living laying tile when he was arrested at his San Diego home, which police searched without a warrant, later informing him he was arrested over the contents of his music lyrics.
Harvey, 28, was studying to become a real estate agent when he was arrested by federal marshals in Las Vegas, who informed him he was wanted for a string of murders, which he knew he did not commit.
He later learned that San Diego police detectives Rudy Castro and Scott Henderson were only basing that belief on Facebook photos showing him posing with suspected gang members he grew up with in San Diego’s Lincoln Park neighborhood.
Both men spent seven months in the George Bailey Detention Center, known as “Thunderdome” and “Gladiator School” because of its reputation for violence.
A judge threw out the case in 2015 on lack of evidence, allowing the men to proceed with the federal lawsuit, which you can read here.
The law police arrested them on is Penal Code 182.5 which notes gang members with general knowledge of a gang’s criminal activities can be prosecuted for crimes others commit as long as they willfully benefited from, furthered, promoted or assisted in some way.
Duncan was

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Illinois Man Arrested for Burning American Flag on Fourth of July Files Lawsuit

Thursday, January 12th, 2017

An Illinois man who was arrested on the Fourth of July last year after posting photos of himself burning an American flag filed a lawsuit Wednesday.
Anybody with a basic understanding of Constitutional law could have seen that coming, but not the Urbana Police Department who arrested Bryton Mellott.
And certainly not the Illinois legislators who passed a state law banning flag burning despite the Supreme Court having long ruled that burning the flag is protected by the First Amendment.
Now the 22-year-old man is trying to get the state law ruled unconstitutional with his lawsuit. The state law is one of several state laws that ban the burning of the flag as a form of protest, even though most of those laws are never enforced.
According to the Associated Press:
Such state laws are already invalid after the U.S. Supreme Court ruled separately, in 1989 and 1990, that flag burning and other forms of damage are constitutionally protected free speech. However, dozens of states still have the laws.
Police in Urbana used Illinois’ flag desecration law to arrest local resident Bryton Mellott on July 4 of last year. He said he carefully planned his demonstration to protest racial discrimination, poverty and other injustices, and then posted six photographs of his actions on Facebook. The posts, which generated hundreds of comments, led police officers to arrest Mellott while he worked at Wal-Mart and detain him for several hours. He was released without being charged.
Mellott, who is being represented by the American Civil Liberties Union of Illinois, was expected to discuss the lawsuit at a Thursday news conference in Champaign. The suit was filed late Wednesday.
“Open dissent is the highest form of American patriotism,” Mellott said in a statement. “And it was a frightening display of irony that on the Fourth of July, I should be taken from

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Arizona Cop Philip “Mitch” Brailsford Sued for Killing Daniel Shaver in Hotel Hallway

Wednesday, January 11th, 2017

The Arizona cop who shot and killed an unarmed man begging not to be killed as he was forced to crawl towards cops in a hotel hallway was sued this week.
Philip “Mitch” Brailsford, who was fired from the Mesa Police Department after killing Daniel Shaver last year, is still awaiting trial for second-degree murder.
The lawsuit was filed by his parents, Norma and Grady Shaver, on Tuesday. Also mentioned in the lawsuit is Brailsford’s commanding officer, Sergeant Charles Langley, and the city of Mesa, according to the Arizona Republic.
His wife, Laney Sweet, has filed a $35 notice of claim against the city of Mesa, which is an intent to sue, but she has not yet filed the lawsuit. Brailsford is expected to go to trial towards the end of the year.
Body cam footage of the shooting has been partially released, meaning the actual shooting was not included in the video released.
The incident took place in January 18, 2016 as Shaver was inside a fifth-floor hotel room with a couple of acquaintances showing them a pellet gun he used in his pest control business.
At one point, one of the men in the room pointed the pellet gun out the window, which led to people downstairs calling police, who arrived with guns drawn, ordering people out of the room.
Shaver, who was barefoot and wearing shorts and a t-shirt, was ordered to come crawling towards the officers, who all had their guns trained on him.
“Please don’t shoot me,” Shaver said according to a witness, who was also ordered to crawl towards police.
But Mesa Police Sergeant Charles Langley never gave him that assurance.
“There is a very severe possibility that if you make another mistake you are going to get shot,” Langley said according to prosecutor Susie Charbel as she read the transcript of the body

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Florida Cops Keep Innocent Man in Jail for Eight Months, Resulting in $150,000 Settlement

Monday, January 9th, 2017

The Fort Lauderdale police department got it wrong when they arrested the wrong man thinking he was a burglary suspect.
But the Florida police department still kept him in jail for eight months for the crime he did not commit.
Dmitry Lyubimov was not released until authorities finally acknowledged that they lacked physical and DNA evidence.
Now the city has reached a wrongful arrest settlement of $150,000 with the 26-year-old man.
Lyubimov was minding his own business on the streets of Fort Lauderdale when he was arrested by police in July 2011, the South Florida Sun Sentinel reports.
Police claimed Lyubimov matched the description of the real suspect, Justin White. Both are pictured above with Lyubimov on the left.
A 911 call was made because White was walking on someone’s property with a gun. Officers Jesus Gonzalez and Felicia Barnwell responded to the scene and tried to stop White, who then fled on a stolen scooter.
White ditched his scooter, then hopped over a fence, leaving only his hat behind.
As the officers searched the streets for him, they came across Lyubimov, who was dressed in similar attire, mistaking him for White, and arresting him.
Lyubimov denied the allegations. And his phone records even showed that he was on the phone with his girlfriend during the police chase.
But authorities did not buy it.
“So with cops still chasing me I am dialing my girlfriend and talking to her for 25 min instead of thinking how to escape police,” he wrote while in jail in 2011.
“It don’t make no sense. I am just frustrated with all this. It all is like a bad dream or [something]. OK, hopefully it will end soon,”
The scooter that the real suspect had left behind was tested for fingerprints days after the incident, but they did not match Lyubimov’s fingerprints.
It was not until seven months after Lyubimov’s arrest that

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Louisiana Jailer Sued for Sexually Abusing Juvenile Inmate, Threatening to Harm Mother for Refusing to Obey

Saturday, December 31st, 2016

A Louisiana jailer has been sued for repeatedly sexually abusing a 15-year-old inmate and threatening to harm her mother if she didn’t obey his commands.
During the girl’s seven month stint in the juvenile tier of the St. Bernard Parish Juvenile Detention Center, Deputy Eddie Williams subjected her to constant harassment, ordering her to disrobe and masturbate in certain places so he could view video of her via the jail’s remote security camera.
Deputy Williams, who has been with the department since 2007, was placed on administrative leave in December 2015 pending an investigation into abusing the minor.
“Internal Affairs specialist investigated the allegation but found no evidence to substantiate a charge,” said Sheriff James Pohlmann, who is named as a defendant in the lawsuit.
“New allegations involving the same girl have been made and Williams has been transferred to work in the parish’s adult prison pending an Internal Affairs investigation,” Pohlmann later revealed, according to the Advocate.
According to the lawsuit, which you can read here, filed by the girl and her mother who are referred to by their initials, Williams requested to see C.L. in her “birthday suit.”
He also ordered her to get naked and “play with herself.” And he ordered her to her to sit on the ground with her legs open and to stand in a specific location in the shower so he could view her naked. He also ordered her to get naked over the intercom in her cell so he could observe her over a video camera remotely.
Williams stated to the teen he knew where her mother lived, and threatened to kill her unless she complied with his orders.
The lawsuit further states the Williams actions would be considered crimes of “Indecent Behavior With a Juvenile” in violation of La.R.S.  14:81, and “Molestation of a Juvenile in violation of L.a.

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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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North Carolina Foster Child Sues CPS Supervisor who Adopted Him, Only to Abuse Him

Wednesday, December 21st, 2016

A North Carolina foster child, who was discovered by a sheriff’s deputy cuffed to a front porch with a dead chicken tied around his neck, filed a lawsuit last month against the Child Protective Services worker who adopted him, only for her and her boyfriend to spend several years abusing him.
“A lot of times I would bleed. Sometimes they wouldn’t clean it up. Sometimes, they didn’t care, they just left it bleeding,” the boy revealed in an interview with the Huffington Post, adding that his former foster parents never called for medical help despite enduring severe injuries like a broken wrist while attempting to escape the chains of the abusive home.
Wanda Sue Larson was a Gaston County Social Services CPS Supervisor when she adopted the boy at the age of four in 2006. The boy, now 14, is referred to as “J.G.” in the lawsuit, which can be read here or in the embed below.
Larson’s boyfriend, Dorian Lee Harper, reportedly tied the dead bird around J.G.’s neck after the child killed it at the 5-acre farm where they lived. J.G.’s lawsuit claims Larson never intervened and allowed it to happen.
Investigators say Larson submitted false statements in order to manipulate the “process and substance” of the legal hearing determining J.G.’s custody, manipulating the juvenile courts into removing the child from his biological mother, Maria Harris, by deceiving the juvenile court judge overseeing the case.
Harris regained custody of her son in 2015 after the information about Larson came to light.
In 2006, Larson had used her position as a department supervisor to manipulate the courts to terminate Harris’ parental rights. She also required subordinates to conduct post-removal assessments to qualify the child’s status for funding as well her qualifications so she could adopt him.
North Carolina pays foster parents at least $432 a month for each child.

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LAPD Chief Charlie Beck Sued for Retaliating Against Reporter who Exposed Embarrassing Arrangement Involving Daughter and her Horse

Wednesday, December 14th, 2016

Los Angeles police arrested journalist Jasmyne Cannick while covering a protest against police brutality the night before Thanksgiving 2014, twisting the truth to accuse her of leading a throng of protesters across an imaginary police “skirmish line,” then claiming in their reports that she became so aggressive, they had to push her back.
But the charges were dropped a year later when police and prosecutors were unable to find evidence to back their claims, even though she  had been among 150 protesters – many with cameras whose footage ended up as evidence  –  who were detained after police boxed them in from all sides.
One video shows her willfully walking with police as they lead her away on three charges of resisting arrest.
It was the first and only arrest in Cannick’s life, a 39-year-old native Angeleno who has spent more than a decade in the Southern California public eye, either as a journalist, radio personality, political consultant or press secretary.
Jasmyne Cannick
Now Cannick is suing the department, claiming she was arrested in retaliation for a series of articles she wrote that were critical of the Los Angeles Police Department on her blog, especially of LAPD Chief Charlie Beck, who has proven to be very thin-skinned against her criticism.
And especially in regards to his daughter, an LAPD mounted police officer whose naked photos are probably still floating around the department.
The lawsuit filed earlier this month states that Beck – who has known Cannick for years – made eye contact with her the night of her arrest on November 26, 2014, but refused to acknowledge her, allowing her to be transported to jail.
Beck meanwhile allowed the release of all the other journalists that had been swept up in a mass detainment during the third day of protests against the Missouri grand jury decision not to indict Ferguson police officer Darren Wilson

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LAPD Chief Charlie Beck Sued for Retaliating Against Reporter who Exposed Embarrassing Arrangement Involving Daughter and her Horse

Wednesday, December 14th, 2016

Los Angeles police arrested journalist Jasmyne Cannick while covering a protest against police brutality the night before Thanksgiving 2014, twisting the truth to accuse her of leading a throng of protesters across an imaginary police “skirmish line,” then claiming in their reports that she became so aggressive, they had to push her back.
But the charges were dropped a year later when police and prosecutors were unable to find evidence to back their claims, even though she  had been among 150 protesters – many with cameras whose footage ended up as evidence  –  who were detained after police boxed them in from all sides.
One video shows her willfully walking with police as they lead her away on three charges of resisting arrest.
It was the first and only arrest in Cannick’s life, a 39-year-old native Angeleno who has spent more than a decade in the Southern California public eye, either as a journalist, radio personality, political consultant or press secretary.
Jasmyne Cannick
Now Cannick is suing the department, claiming she was arrested in retaliation for a series of articles she wrote that were critical of the Los Angeles Police Department on her blog, especially of LAPD Chief Charlie Beck, who has proven to be very thin-skinned against her criticism.
And especially in regards to his daughter, an LAPD mounted police officer whose naked photos are probably still floating around the department.
The lawsuit filed earlier this month states that Beck – who has known Cannick for years – made eye contact with her the night of her arrest on November 26, 2014, but refused to acknowledge her, allowing her to be transported to jail.
Beck meanwhile allowed the release of all the other journalists that had been swept up in a mass detainment during the third day of protests against the Missouri grand jury decision not to indict Ferguson police officer Darren Wilson

Vote on this story -->>>

LAPD Chief Charlie Beck Sued for Retaliating Against Reporter who Exposed Embarrassing Arrangement Involving Daughter and her Horse

Wednesday, December 14th, 2016

Los Angeles police arrested journalist Jasmyne Cannick while covering a protest against police brutality the night before Thanksgiving 2014, twisting the truth to accuse her of leading a throng of protesters across an imaginary police “skirmish line,” then claiming in their reports that she became so aggressive, they had to push her back.
But the charges were dropped a year later when police and prosecutors were unable to find evidence to back their claims, even though she  had been among 150 protesters – many with cameras whose footage ended up as evidence  –  who were detained after police boxed them in from all sides.
One video shows her willfully walking with police as they lead her away on three charges of resisting arrest.
It was the first and only arrest in Cannick’s life, a 39-year-old native Angeleno who has spent more than a decade in the Southern California public eye, either as a journalist, radio personality, political consultant or press secretary.
Jasmyne Cannick
Now Cannick is suing the department, claiming she was arrested in retaliation for a series of articles she wrote that were critical of the Los Angeles Police Department on her blog, especially of LAPD Chief Charlie Beck, who has proven to be very thin-skinned against her criticism.
And especially in regards to his daughter, an LAPD mounted police officer whose naked photos are probably still floating around the department.
The lawsuit filed earlier this month states that Beck – who has known Cannick for years – made eye contact with her the night of her arrest on November 26, 2014, but refused to acknowledge her, allowing her to be transported to jail.
Beck meanwhile allowed the release of all the other journalists that had been swept up in a mass detainment during the third day of protests against the Missouri grand jury decision not to indict Ferguson police officer Darren Wilson

Vote on this story -->>>

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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WATCH: Texas Cop who Attacked White Homeless Man While Searching for Black Female Suspect Sued for Excessive Force

Tuesday, December 13th, 2016

A Texas cop who attacked a white homeless man while responding to a call about a black female burglar was sued for excessive force last week.
The lawsuit alleges that on February 20, 2015, Austin Police Sergeant Gregory White struck the homeless man without provocation, which can be confirmed in the video below.
White says he only cold-cocked 25-year-old Justin Scott and beat him down on the ground because Scott was going to run, although the video shows Scott never attempted to run.
 
But he did ask the cop why he was ordering him to put his hands behind his back.
It was after Scott asked, “why?”, several times when White unexpectedly attacks him.
Apparently upset about having his authority questioned, White slugs Scott in the back of the head without warning, forcefully takes him to the ground and proceeds to beat him even more, wailing violently and proceeding to repeatedly punch, elbow, taser and knee him.
During the struggle, White tasers Scott.
After being tasered, Scott wrestles the taser from the angry cop bullying him.
Shortly after, back up arrives, and White regains control of the taser.
Justin Scott’s injuries can be seen in his mugshot photo taken after he was attacked by Austin cop Sgt. Gregory White who charged Scott with a crime after attacking and beating the man for asking why he had to put his arms behind his back.
Scott spent 176 days in jail after White blamed the incident on him, charging him with taking or attempting to take a weapon from a police officer.
A half-year passed before Travis County prosecutors finally dropped all criminal charges against Scott.
Sergeant White claims he had detained Scott because he “thought he saw him talking to somebody” in the area of the burglary, according to the Austin American Statesman.
Scott’s attorney, however, says his client did nothing wrong and the attack on his client was unwarranted and

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Missouri Police Association Sues Missouri Police Department Over Public Records Violations

Wednesday, December 7th, 2016

A Missouri police association filed a lawsuit against the city of Columbia, accusing its police department of violating the state’s public records law by refusing to provide records in a timely manner, then charging an exorbitant amount for the requested records.
Last summer, the Columbia Police Officers’ Association requested two months worth of email correspondence between Columbia Police Chief Ken Burton Deputy Chief of Police Jill Schlude.
But the emails were not produced within three days as required by state law nor did the association receive a detailed explanation providing “reasonable cause” of the delay as outlined in Section 610.023 of the Missouri Sunshine Law.
And when the department finally responded to the records request, it was charging the association $893.59, claiming it will take several high-ranking officers to spend hours compiling the records.
Evidently, they’ve never learned how to use the search function in their email system, which would allow the lowest paid clerk to compile the emails within an hour.
The police association was asking for emails from the months of June and July of this year. And it filed its lawsuit in October, which can be read here.
The Columbia Police Officers’ Association is a private organization that is not part of the Columbia Police Department although the majority of the department’s officers are members.
However, the organization is not a police labor union, even though it is lodge of the Fraternal Order of Police.
Missouri is a right-to-work state and thus does not have collective bargaining. Instead, the police association provides legal services to officers of the Columbia Police Department in the event that an officer is sued or is on trial in need of a defense attorney.
On September 22, the police association submitted a records request for copies of all completed morale questionnaires submitted to the city manager by Columbia Police Department officers.
Earlier that month,

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Stalking Away The First Amendment: Part 1

Friday, December 2nd, 2016

 
Homestead Police Department (HPD) has silenced the First Amendment with false stalking charges and restraining orders.
Their abuses leading to two of my three false arrest, and to me being served with four frivolous restraining orders.
Sadly, such abuses are not limited to Florida, and occur nationwide.
I have researched this new trick in the police playbook being used to stalk away the First Amendment.
PINAC presents this series as a case study on such stalking abuses in Florida and across the country.
Included are discussions on the federal subsidies which create disincentives to fixing the problem, and discussions on Florida stalking law related to the First Amendment and online activities.
The focus is on cops who violate the law, yet when exposed hide behind laws meant for the protection of battered and abused women.
COWARDS!
HPD’s actions inspired creation of the Coward of the Month award, with John Monaco being the first nominee.
[youtube https://www.youtube.com/watch?v=1EKFNqUKP-4?feature=oembed&w=620&h=465] My Transgressors Choose To Invoke God
Some may choose to skip over this section, but being a Christian I must oblige these officers with truth as they are lacking in knowledge.  
Generally, I leave the good Lord out of secular discussions, but HPD officers John Monaco (video above) and Alejandro Murguido (email) blasphemously invoke God.
They bear false witness against their neighbors, not just me, breaking laws as ancient the Decalogue.
Swearing oaths to be the keepers of the law, they do not keep it themselves, instead lording it over others.
I am just waiting for them to abuse scripture, while claiming a blessed status.
Like the Pharisees they lower their profession to one of revenge and tax collection for their temple (City Hall), simultaneously claiming hero status and victimhood.
Hypocrites, Ye Brood of Vipers!
This fight is not against flesh and blood, but against principalities.
I pray for them, while rebuking them, praying they would repent of their sin, turning back to God.
Regardless, their intimidation will never force me into quietly walking away while they continue unrepentant in their crimes against humanity.
OK Back To Secular Earthly Damnation
This began when I asked HPD Officer Murguido

Vote on this story -->>>

Stalking Away The First Amendment: Part 1

Friday, December 2nd, 2016

 
Homestead Police Department (HPD) has silenced the First Amendment with false stalking charges and restraining orders.
Their abuses leading to two of my three false arrest, and to me being served with four frivolous restraining orders.
Sadly, such abuses are not limited to Florida, and occur nationwide.
I have researched this new trick in the police playbook being used to stalk away the First Amendment.
PINAC presents this series as a case study on such stalking abuses in Florida and across the country.
Included are discussions on the federal subsidies which create disincentives to fixing the problem, and discussions on Florida stalking law related to the First Amendment and online activities.
The focus is on cops who violate the law, yet when exposed hide behind laws meant for the protection of battered and abused women.
COWARDS!
HPD’s actions inspired creation of the Coward of the Month award, with John Monaco being the first nominee.
[youtube https://www.youtube.com/watch?v=1EKFNqUKP-4?feature=oembed&w=620&h=465] My Transgressors Choose To Invoke God
Some may choose to skip over this section, but being a Christian I must oblige these officers with truth as they are lacking in knowledge.  
Generally, I leave the good Lord out of secular discussions, but HPD officers John Monaco (video above) and Alejandro Murguido (email) blasphemously invoke God.
They bear false witness against their neighbors, not just me, breaking laws as ancient the Decalogue.
Swearing oaths to be the keepers of the law, they do not keep it themselves, instead lording it over others.
I am just waiting for them to abuse scripture, while claiming a blessed status.
Like the Pharisees they lower their profession to one of revenge and tax collection for their temple (City Hall), simultaneously claiming hero status and victimhood.
Hypocrites, Ye Brood of Vipers!
This fight is not against flesh and blood, but against principalities.
I pray for them, while rebuking them, praying they would repent of their sin, turning back to God.
Regardless, their intimidation will never force me into quietly walking away while they continue unrepentant in their crimes against humanity.
OK Back To Secular Earthly Damnation
This began when I asked HPD Officer Murguido

Vote on this story -->>>

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