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Were My Rights Violated?

D

diesel556

Lone Star Veteran
Joined
Nov 27, 2008
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714
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Seattle-ish, Washington, USA
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Patrick wrote:
Sorry it's such a long story but in reality the story is MUCH longer. Does anyone out there have an opinion on this situation?
Click to expand...
I'm very sorry that this happened to you. If you need assistance for your defense fund, throw up a paypal link and I'll give what I can.

If it happened like you said I am extremely upset. It makes me very glad that I now carry an audio recorder around my neck (under my shirt).
 
I

impulse

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Aug 15, 2008
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Wow, that is a horrible story. But I do have hope though, with that trooper saying these charges are ridiculous; I think you will be ok. Please keep us updated.
 
R

Rizzin

Regular Member
Joined
Jul 22, 2008
Messages
17
Location
Toppenish, Washington, USA
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Talk to your lawyer and the "victim" your Trooper friend about him testifying FOR you.

That should take a lot of the starch out of the DA's sails.



anyway, not a good scene for you right now. Hope it gets better
 
P

Patrick

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Jun 26, 2008
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Jackson, Michigan, USA
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diesel556 wrote:
I'm very sorry that this happened to you. If you need assistance for your defense fund, throw up a paypal link and I'll give what I can.
Click to expand...

Thank you for the offer of support. My attorney is paid in full and he said the price will not go up if we take it to trial. This has been very stressful for me. Talk about getting kicked when you're down. Try to help a friend in need and wind up with felony charges for some B/S.

Patrick
 
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Patrick

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Jackson, Michigan, USA
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diesel556 wrote:
If it happened like you said I am extremely upset. It makes me very glad that I now carry an audio recorder around my neck (under my shirt).
Click to expand...

I will definately have to get a hidden recording device if I can get my CPL and my pistol back.



Patrick
 
D

diesel556

Lone Star Veteran
Joined
Nov 27, 2008
Messages
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Seattle-ish, Washington, USA
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Patrick wrote:
My attorney is paid in full and he said the price will not go up if we take it to trial.
Click to expand...
That is great to hear.

Doug Huffman wrote:
Patrick wrote:
I was approached by several police officers who knew that I carried a pistol from a previous encounter.

I have a CPL however I was open carrying at the time of this incident.
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Click to expand...
That makes a big difference (My wife had trouble reading it before).

+1
 
W

Walleye

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Joined
May 29, 2008
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Manhattan, Kansas, USA
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Did you run it by your lawyer before posting here? That's very important. Remember, anything you say can and will be used against you in a court of law - even before being mirandized.

After you beat the felony charges, sue the bastards for anything you can think of, and make it a massive sum of money. Make them beg you to drop the charges.

The local PD you're talking about evidently needs to have their butts kicked big time. Big +1 for the state troopers for standing up for you in the face of local PD thuggery.

Also, time for the local prosecutor to get fired and disbarred, never to be a lawyer again.
 
XD-GEM

XD-GEM

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Jun 5, 2008
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New Orleans, Louisiana, USA
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If everything happened as you say, you may be able to buy a new motorcycle soon. Ask Mark Edward Marchiafava; read his story at this link. http://www.2theadvocate.com/news/27706824.html

Show the following to your lawyer.
U.S. CODE > TITLE 42 > CHAPTER 21 > SUBCHAPTER I > § 1983

§ 1983. Civil action for deprivation of rights

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.



U.S. CODE > TITLE 18 > PART I > CHAPTER 13 > § 242

§ 242. Deprivation of rights under color of law

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
Click to expand...
 
P

Patrick

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Jun 26, 2008
Messages
29
Location
Jackson, Michigan, USA
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XD-GEM wrote:
If everything happened as you say, you may be able to buy a new motorcycle soon. Ask Mark Edward Marchiafava; read his story at this link. http://www.2theadvocate.com/news/27706824.html
Click to expand...


Well if a couple hours of lockup gets you a motorcycle, I wonder what a couple of days is worth? I spent two miserable days and nights sleeping on cold concrete without a mattress or pillow with twenty other people who have questionable hygene habits. For a couple hour stretch I was forced to lay on the filthy ant infested concrete floor because all of the concrete "benches" were taken when I was put in there. Not to mention any time someone took a pee, the smell of urine wafted throughout the cell travelling along the floor. I think gravity is 10 times stronger in jail because my hip bones hurt for two weeks after I got out. It felt like I was sleeping under a compact car pressing me against the concrete. Time slows toa crawl in there also. I did get t use a partial roll of toilet paper as a pillow for a short time though.

Patrick
 
sraacke

sraacke

Regular Member
Joined
Jul 20, 2008
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Location
Saint Gabriel, Louisiana, USA
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Patrick wrote:
XD-GEM wrote:
If everything happened as you say, you may be able to buy a new motorcycle soon. Ask Mark Edward Marchiafava; read his story at this link. http://www.2theadvocate.com/news/27706824.html
Click to expand...


Well if a couple hours of lockup gets you a motorcycle, I wonder what a couple of days is worth? I spent two miserable days and nights sleeping on cold concrete without a mattress or pillow with twenty other people who have questionable hygene habits. For a couple hour stretch I was forced to lay on the filthy ant infested concrete floor because all of the concrete "benches" were taken when I was put in there. Not to mention any time someone took a pee, the smell of urine wafted throughout the cell travelling along the floor. I think gravity is 10 times stronger in jail because my hip bones hurt for two weeks after I got out. It felt like I was sleeping under a compact car pressing me against the concrete. Time slows toa crawl in there also. I did get t use a partial roll of toilet paper as a pillow for a short time though.

Patrick
Click to expand...
So how much were you awarded and what kind of motorcycle did you buy?
 
C

Carnivore

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Aug 29, 2008
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ParkHills, Missouri, USA
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I know for a fact the same hospitality exhisted in Fairfax county Va. some 20 years ago..

Good Luck with this, some of these volenteers that get paid to protect and serve need to rethink their calling.. Don't learn to hate the uniform or the badge, there are about a trillion folks in this world that don't know how to do their jobs, these types are just a little moreunstable than most..
 
paramedic70002

paramedic70002

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Franklin, VA, Virginia, USA
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Did you seek or were you denied access to medical care while in jail? Do you have lingering injuries from the assault? Have you sought medical care since your release?

The answers to these questions could determine the amount you will get at settlement...
 
P

Phssthpok

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Jul 17, 2007
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XD-GEM wrote:
If everything happened as you say, you may be able to buy a new motorcycle soon. Ask Mark Edward Marchiafava; read his story at this link. http://www.2theadvocate.com/news/27706824.html

Show the following to your lawyer.
......



U.S. CODE > TITLE 18 > PART I > CHAPTER 13 > § 242

§ 242. Deprivation of rights under color of law

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
Click to expand...
Click to expand...
Again I must protest that only HALF the story is presented! Step back one single section in Title 18 to Sec. 241 where you will find it to be a FELONY violation to CONSPIRE (two or more acting together) against rights.

Also you may see if your attorney thinks a Malicious Prosecution charge might apply, particularly since the alleged 'victim' says the charge is BS.
 
P

Patrick

Regular Member
Joined
Jun 26, 2008
Messages
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Location
Jackson, Michigan, USA
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paramedic70002 wrote:
Did you seek or were you denied access to medical care while in jail? Do you have lingering injuries from the assault? Have you sought medical care since your release?

The answers to these questions could determine the amount you will get at settlement...
Click to expand...

Actually I didn't seek medical treatment for my injured knuckle. I used to be a Corrections officer for the state and I used to hate it when inmates demanded to see a doctor for stuff like that. Believe me they used to complain alot. Was my knuckle bleeding? No. Was it severely swollen? No. Did it visually look broken? No. Did it feel broken when moved or touched? YES. I'm not known for being a complainer so I kept my mouth shut and passed the time. My knuckle feels fine now except when I make a really tight fist. Should I go get an X-Ray?

Patrick
 
paramedic70002

paramedic70002

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Definitely. No BS, you could end up with long term damage to a critical part of your body, leading to disability. Or have some damage that could generate a clot which could migrate to a critical organ. Not trying to scare you, these are extreme cases, but why take a chance when the injury was caused by the government?
 
Y

YllwFvr

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Jan 31, 2009
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Scranton, Pa, ,
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Incredible! Well it seems pretty cut and dry. Looks like an easy win. It sounds like you did resist arrest. An unlawful arrest. So can that charge still stick?

Do you have the right to video tape in Michigan? Here in Pa that right carries restrictions.
 
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