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Thread: Lawsuit Help Needed

  1. #1
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    Lawsuit Help Needed

    All,

    I posted a little while back that we were appealing the dismissal of my lawsuit against Lincoln County Sheriff's office. Here's the Youtube video in case someone needs it:

    http://www.youtube.com/watch?v=xXwW2nrV0bY

    Now, Captain John Stetzenbach said in an AP story that he really wanted to get their story out, but couldn't. Yup, that's pretty hard to do when you don't make audio or dashcam available and you're trying your hardest not to go to jury trial.

    Now, with the appeal uncertain, I'd like to ask for some help. I'm asking all of you to call the listed personnel and ask them why they won't let this go before a jury and why they're trying their hardest to conceal the truth. Let's get them on the record.

    Capt Stetzenbach
    Phone 307-877-3971
    jstetzenbach@lcwy.org

    Sheriff Shane Johnson
    Phone 307-877-3971
    sjohnson@lcwy.org

    Patricia Bach
    Senior Assistant Attorney General
    Phone 307-777-7250
    tricia.bach@wyo.gov

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    The po po pulled you over for speeding (visual estimate) ... so he had RAS to pull you over?

    The law allows him to act for "his safety" ...

    The cop really wasn't as crazy as other cops I have encountered -- he seems rather calm.

    So, they got a dismissal .. ie the judge thought you had no case at all.

    I would have to read the complaint, answer (if any), motion to dismiss, objection to motion, and court memorandum of decision (if any).

    The cop on the side of the road does not have to explain his actions but he tried to ... clearly they did state that they had RAS in their motion to dismiss, right?

    The correct answer to his queries is : ask me in court...that's how the cop answered your questions.

    If you need to tell him that you have a gun is a state law question (I don't know for the state in question).

    At the end, then you did the smart thing.... shutting mouth .... and they let you go (yea!) ...

    There are worse cases out there ... and yours could have been worse.

    I assume that your audio was not heard by the court...a judge can only rule upon the facts and evidence in front of him.

    Shoot a link to the court records ... it may clear some things up.

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    "It behooves every man who values liberty of conscience for himself, to resist invasions of it in the case of others: or their case may, by change of circumstances, become his own."

    Thomas Jefferson

    "The true danger is when liberty is nibbled away, for expedience, and by parts."

    Edmund Burke

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    Quote Originally Posted by marinepilot81 View Post
    "It behooves every man who values liberty of conscience for himself, to resist invasions of it in the case of others: or their case may, by change of circumstances, become his own."

    Thomas Jefferson

    "The true danger is when liberty is nibbled away, for expedience, and by parts."

    Edmund Burke
    I'm sure that these swayed the court .... still not enough here for me to send you any $$$.

    Not willing to share the court record, not willing to re-examine your request.

    I won't be checking this thread any further.

    Good luck though.

  5. #5
    Regular Member Fallschirmjäger's Avatar
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    From the original poster's narrative, it would appear that there was no "visual estimation of speed" on behalf of the officer. Rather it was a third party phoning in a complaint. Officers are given leeway by the court as being ""professional speed estimators"" based on their ""extensive training and experience"" (you'll note I air-quoted those phrases).
    The officer can pull drivers over for estimated excess speed because he has a witness (himself). I'm fairly sure any officer would have a difficult time explaining to the court a ticket for 'disobeying a traffic control device' based upon only a call from an irate driver making a complaint about another driver running a traffic signal. Even if he did, he was not the witness and would have to have that witness in court to testify.

    If indeed the detaining officer did not personally witness a suspected traffic infraction, what's he going to do? Write a ticket for something he did not witness, has no witness for, and has not a shred of proof happened?

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    Quote Originally Posted by davidmcbeth View Post
    I'm sure that these swayed the court .... still not enough here for me to send you any $$$.

    Not willing to share the court record, not willing to re-examine your request.

    I won't be checking this thread any further.

    Good luck though.
    When did I ask for money?! I asked for people to call their public servants (notice I didn't say MY public servants since I live thousands of miles away from Alpine) and demand their fellow citizen be allowed to present his case before his peers.

    Attached is the MSJ in favor of the defense.
    Attached Files Attached Files

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by marinepilot81 View Post
    When did I ask for money?! I asked for people to call their public servants (notice I didn't say MY public servants since I live thousands of miles away from Alpine) and demand their fellow citizen be allowed to present his case before his peers.

    Attached is the MSJ in favor of the defense.
    When someone says that they are "appealing the dismissal of my lawsuit" and need help, that generally says the are seeking financial assitance/donations. That was the appearance, whether you intended it that way or not.

    Insofar as demanding that certain officials respond to what appears to be an active court case - good luck with that. Particularly with the Attorney General's office - they work for the state and do not give legal opinions to other than state representatives or agencies.

    BTW - your attachment would not open. I do not download attachments first. You never know what they contain.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Quote Originally Posted by marinepilot81 View Post
    When did I ask for money?! I asked for people to call their public servants (notice I didn't say MY public servants since I live thousands of miles away from Alpine) and demand their fellow citizen be allowed to present his case before his peers.

    Attached is the MSJ in favor of the defense.
    I saw that grape chimed in so I popped back on...

    It was a summary judgement entered against you, not a dismissal via a motion to dismiss (had no issues opening the pdf). That means that the court looked at the evidence MOST FAVORABLE to you and still found that the facts supported a summary judgement in favor of the defendants. I cannot tell you how significant this is...I have not lost a summary judgement (and they are filed in ALL cases, just sometimes just as a hope and prayer to end the case). But when I write a complaint, I read it to see if the case actually has merit and that I have presented all the facts and evidence needed to pass through a summary judgement motion but not everything or every fact - I like to leave a little bit of surprise for trial.

    One can get too emotional about their own case -- I have not filed several cases because, although I thought I had a valid claim, I did not think I would be able to show a judge enough evidence to get him to see it my way.

    I do demand that plaintiff's get their chance in court ... but the law allows summary judgement and dismissals (and I have won several of both with counter-claims of defendants in my cases where I am the plaintiff---so it can be used to a plaintiff's "advantage" as well). Why should a case go to trial if the facts do not support a finding of guilt? I do support motions to dismiss, motions for summary judgement, and motions for acquittal.

    I have won several cases as a defendant with these types of motions too...mostly against the government trying to get a speeding ticket or parking ticket fines (yeah, I'm reel dangerous lol). Ex. a speeding ticket .. cop gives testimony, I cross ... I don't see enough evidence to convict .. I motion for summary judgement/acquittal...I win, yea! I lose? Then I know the judge sees their case tilting toward a win for the state and I know that my presentation of the case best have some new evidence (other than my testimony which is tossed in the trash can in 99% of cases unless its an affirmative defense) or a good affirmative defense ready (which is sometimes the case).

    I'm not a lawyer but over the years I have gotten decent ... if I have a good case with plenty of evidence, it usually swings my way. But I have had judges whose reasoning is like he's on coke. Had one judge, where I sued a IRS agent for destroying evidence, rule that that rules of employment that mattered were where the IRS agent worked, not where I was ... but then finally ruled according to the employment laws of where I was ... I filed a motion to reconsider pointing out his mistake but that was the end of that case. I could have appealed but I actually got what I wanted out of the case...an admission that the guy destroyed my records (the fed IRS issue was like $200 .. but the state IRS would have been 20K ... and the state did come-a-calling like 6 months later but agreed with me that the fed-IRS facts were based on evidence presented after they destroyed the evidence, duh and the state dropped their case. So I know all about being screwed over wrongfully. Had 3 cases where I thought I won but lost ... 2 were goofy opinions and one appeared to say that the judge simply did not believe me (sucks but that's his job I guess).

    But I read the memo of the judge in your case and his reasoning is sound...sorry. In reality, even if the law was different in your state - the cop did not bonk you on the head or anything .. likely would have been a nominal amount anyway.

    Some sue for principle; I'm not that guy...I sue for $$$. I have had folks rear end my car, look at him and notice that they have no money, and wish him a nice day. Ya cannot get blood out of a stone. Its only a car, right?


    Good luck in the future ! And keep on carrying.

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