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Thread: Experience with filing suit against LEAs

  1. #1
    Regular Member 509rifas's Avatar
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    Experience with filing suit against LEAs

    I had an "incident" last week that involved me getting arrest for filming. I've had a lot of encouragement, even from LEOs, and no discouragement, in filing a suit.
    The city seems to be jerking me around at this point, not responding to my RCW 42.56 PRA requests (really bad idea) and whatnot. I even heard from a little bird that the officer changed his story after he (and the other officers) learned that recording is in fact not illegal in WA state. I haven't gone to court yet but I am facing obstruction charges for recording.
    I'm not being vindictive about this; I want to make sure that the Sunnyside PD don't grossly infringe on the 1st Amendment again though. Their response (silence) to me has been less than discouraging, and hearing that they are changing the narrative (despite the fact that it was on about five cameras... real bad idea) has nearly made up my mind.

    The incident is posted in the WA forum here. I don't wish to turn this into another thread just about the incident.
    http://forum.opencarry.org/forums/sh...police-tonight
    Also here.
    http://photographyisnotacrime.com/20...walk/#comments


    So my question is for those of you who have engaged in suits against LEAs for violations of the Constitution, be it 1st, 2nd, 4th, etc. What is the process like? What could I expect should I decide to follow through with it? What were your responses from LEAs when you filed, etc.
    Last edited by 509rifas; 08-15-2013 at 11:54 PM.
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  2. #2
    Regular Member OC for ME's Avatar
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    Retain a attorney and ask him. The longer you wait the more entrenched behind the Blue Wall the cops will be. Time is money in more ways than one.

  3. #3
    Regular Member sudden valley gunner's Avatar
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    Think of it this way, if you don't follow through you will hurt the next guy they do this too.

    Of course they change their story, be prepared for the "boiler plate" words they like to throw in to, don't let them get away with it.

    Get an attorney quickly.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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    Campaign Veteran MSG Laigaie's Avatar
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    You have a court date,eh? You do not intend to represent yourself, I am sure.

    What do you want out of this? What will "make you whole" again? List out what you want and file yourself. Let the man who knows the business to carry the fight, but file now. Even if they drop the charges, you file, you can always settle later, after you make positive change.
    PM me and I will give you form numbers.
    "Firearms stand next in importance to the Constitution itself. They are the people's liberty teeth (and) keystone... the rifle and the pistol are equally indispensable... more than 99% of them by their silence indicate that they are in safe and sane hands. The very atmosphere of firearms everywhere restrains evil interference .When firearms go, all goes, we need them every hour." -- George Washington

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    Quote Originally Posted by 509rifas View Post
    I had an "incident" last week that involved me getting arrest for filming. I've had a lot of encouragement, even from LEOs, and no discouragement, in filing a suit.
    The city seems to be jerking me around at this point, not responding to my RCW 42.56 PRA requests (really bad idea) and whatnot. I even heard from a little bird that the officer changed his story after he (and the other officers) learned that recording is in fact not illegal in WA state. I haven't gone to court yet but I am facing obstruction charges for recording.
    I'm not being vindictive about this; I want to make sure that the Sunnyside PD don't grossly infringe on the 1st Amendment again though. Their response (silence) to me has been less than discouraging, and hearing that they are changing the narrative (despite the fact that it was on about five cameras... real bad idea) has nearly made up my mind.

    The incident is posted in the WA forum here. I don't wish to turn this into another thread just about the incident.
    http://forum.opencarry.org/forums/sh...police-tonight
    Also here.
    http://photographyisnotacrime.com/20...walk/#comments


    So my question is for those of you who have engaged in suits against LEAs for violations of the Constitution, be it 1st, 2nd, 4th, etc. What is the process like? What could I expect should I decide to follow through with it? What were your responses from LEAs when you filed, etc.
    Get a lawyer yesterday, in other words you are late. Do not get just any lawyer but one that is well versed in civil rights Rob Apgood is a good one CarpeLaw PLLC
    2400 NW 80th St # 130
    Seattle, WA 98117
    Office: 206-624-2379.

    From what I saw on your videos you have a great case and a Lawyer should take it for a contingency fee. i an not a lawyer but I am someone that has spent hundreds of thousands of dollars on Lawyers good ones are worth their weight in gold mediocre ones are dangerous and bad ones should just be burger flippers and never stray into a court of law. .
    Throw me to the wolves and I will come back leading the pack.

  6. #6
    Regular Member DocWalker's Avatar
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    GET A LAWYER NOW...

    Civial Rights Violation....

    It isn't all about the money, these clowns in uniform NEED to be held accountable. If you don't they will continue to violate other peoples civil rights.

  7. #7
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    Its no different than the filing of a standard civil case .. you allege facts and tie the facts to a cause of action and note defendants.

    Not hard.

    If you never filed a complaint before you'll need to learn much if you wish to go pro se.

    You going to?

  8. #8
    Regular Member Obi Wan's Avatar
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    You might wanna try a google search for 'civil rights attorney'.

    This one popped up:
    http://pview.findlaw.com/view/2460761_1

    Not an endorsement, just a suggestion of how to start.
    Obi Wan
    Last edited by Obi Wan; 08-16-2013 at 03:41 PM.

  9. #9
    Regular Member 509rifas's Avatar
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    If anyone is wondering I had originally posted this under General Discussion, as 42 USC 1983 is federal jurisdiction and I imagine other people in other states have filed suit and I was seeking their input. I wasn't trying to put two threads of this in the WA forum. If there was a 9th Circuit board i'd post it there.
    LIVE FREE OR DIE TRYING

  10. #10
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    Quote Originally Posted by 509rifas View Post
    If anyone is wondering I had originally posted this under General Discussion, as 42 USC 1983 is federal jurisdiction and I imagine other people in other states have filed suit and I was seeking their input. I wasn't trying to put two threads of this in the WA forum. If there was a 9th Circuit board i'd post it there.
    I have a 42 USC 1983 suit pending ... what input ya looking for?

    Mine is a pro se filing before my claims commission (required prior to filing against the state as a defendant ~ survived a motion to dismiss~still alive and well).

    And I have filed other 42 USC 1983 suits in the past ...

  11. #11
    Regular Member F350's Avatar
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    Quote Originally Posted by DocWalker View Post
    GET A LAWYER NOW...

    Civial Rights Violation....

    It isn't all about the money, these clowns in uniform NEED to be held accountable. If you don't they will continue to violate other peoples civil rights.
    Sorry but it IS about the money, an arrest record will follow you for life and you will likely never know the jobs/promotions you do not get dur to it. You HAVE been substantially damaged for life and DESERVE just compensation.

  12. #12
    Regular Member DocWalker's Avatar
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    Quote Originally Posted by F350 View Post
    Sorry but it IS about the money, an arrest record will follow you for life and you will likely never know the jobs/promotions you do not get dur to it. You HAVE been substantially damaged for life and DESERVE just compensation.
    Money is good but his REPUTATION is tarnished, His PEACE and LIBERTY has been stripped. I also believe that he will get some compentation but I would also have it on record and have the officer or officers have to give a public appology with the department admitting the officer and department were at fault, changes to their training, and some sort of punishment for the offenders to his Liberty.

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