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Experience with filing suit against LEAs

509rifas

509rifas

Regular Member
Joined
Mar 7, 2013
Messages
252
Location
Yakima County
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/showthread.php?116541-I-was-arrested-for-filming-police-tonight
Also here.
http://photographyisnotacrime.com/2...ding-swat-team-from-public-sidewalk/#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:
OC for ME

OC for ME

Regular Member
Joined
Jan 6, 2010
Messages
12,452
Location
White Oak Plantation
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.
 
sudden valley gunner

sudden valley gunner

Regular Member
Joined
Dec 13, 2008
Messages
16,674
Location
Whatcom County
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.
 
MSG Laigaie

MSG Laigaie

Campaign Veteran
Joined
Jan 10, 2011
Messages
3,239
Location
Philipsburg, Montana
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.
 
J

Jeff Hayes

Regular Member
Joined
Mar 10, 2009
Messages
2,569
Location
Long gone
509rifas said:
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/showthread.php?116541-I-was-arrested-for-filming-police-tonight
Also here.
http://photographyisnotacrime.com/2...ding-swat-team-from-public-sidewalk/#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.
Click to expand...

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. .
 
DocWalker

DocWalker

Regular Member
Joined
Jul 6, 2008
Messages
1,922
Location
Mountain Home, Idaho, USA
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.
 
davidmcbeth

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
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?
 
509rifas

509rifas

Regular Member
Joined
Mar 7, 2013
Messages
252
Location
Yakima County
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.
 
davidmcbeth

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
509rifas said:
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.
Click to expand...

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 ...
 
F350

F350

Regular Member
Joined
Mar 22, 2012
Messages
941
Location
The High Plains of Wyoming
DocWalker said:
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.
Click to expand...

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.
 
DocWalker

DocWalker

Regular Member
Joined
Jul 6, 2008
Messages
1,922
Location
Mountain Home, Idaho, USA
F350 said:
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.
Click to expand...

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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