Wrongful Death Suit Filed Against Milwaukee Cop Facing Trial for Reckless Homicide for Killing Latino Man (Joel Acevedo) with Chokehold

From [HERE] The family of Joel Acevedo is filing a lawsuit Friday in connection to the 25-year-old's death, and the Michael Mattioli trial is expected to begin in May.

The lawsuit specifically targets Mattioli, MPD Officer Robert Roach, and former Milwaukee Police Chief Alfonso Morales.

The wrongful death lawsuit was filed Friday, about one month before Mattioli's trial is scheduled to begin.

Mattioli is a former Milwaukee Police officer who is facing one count of first-degree reckless homicide. Prosecutors say Acevedo's homicide happened at a party at Mattioli's house in April 2020. Mattioli was off-duty when he and Acevedo allegedly got into an argument and Mattioli put Acevedo in a chokehold.

Acevedo later died.

The lawsuit claims Mattioli violated Acevedo's right to be free from the use of excessive force, Roach failed to intervene, and Morales carried out "unconstitutional policies, customs, and/or practices," which the lawsuit claims led to Acevedo's death.

Acevedo's family alleges Mattioli, Roach, and Morales acted with malice or reckless disregard to Acevedo's rights, specifically his Fourth and 14th Amendment rights.

His family says Acevedo endured almost five days of pain and suffering due to the actions of the plaintiffs and is accusing Mattioli of acting under the color of law.

Mattioli was off duty at the time, but according to the lawsuit, when he called for help he told the dispatcher he was a police officer and needed help. The lawsuit says, "his statement drew a reasonable inference to the dispatcher to send backup for Mattioli."

The lawsuit also states Mattioli identified himself as the officer when Roach responded to the home. Following that identification, the lawsuit states Roach deferred to Mattioli and waited 22 seconds while Mattioli restrained Acevedo.

After that time, Roach instructed Mattioli to get up so he could begin CPR. Mattioli allegedly placed Acevedo's hands behind his back in an attempt to arrest him, again acting under the color of the law.

The Acevedo family is accusing former Chief Morales of adopting de facto policies that utilized excessive force like the use of choking, neck restraints, and the use of deadly force.

The official claims/counts in the lawsuit are as follows:

• Unconstitutional policy and custom

• Deliberate indifference

• Unlawful use of force by choking Joel Acevedo

• Failure to act - Duty to intervene

• Punitive damages

The family is asking for damages in excess of $15,000,000 to be determined by a jury. They're also asking for punitive damages in an amount to be determined by a jury, and they want the plaintiffs to pay for attorney fees and costs incurred by bringing this lawsuit.
The lawsuit comes after courts ruled body camera footage of the incident could be released. Mattioli had previously sued MPD to block the footage, but a court ruled “the requested records, including the body camera and dashboard camera footage, can be released in a manner so that disclosure would not interfere with Mr. Mattioli’s criminal trial.”

Mattioli resigned from the police department in September of 2021, after serving as an officer since 2009. His trial was set to begin in November 2022 but was pushed until May of this year. Three years since Joel's death.

The trial was pushed back after the state had a hard time getting a hold of a key witness: former Milwaukee County Medical Examiner, Dr. Brian Peterson.

TMJ4 News reached out to the Milwaukee Police Department for comment and will update this report with their response.

Harris County Deputies Violently Arrest 2 Black HS Students b/c Police Have the Immoral, Irrational and Uncontrollable Power to Use Force Offensively Against Citizens. Where did this Power Come from?

[MORE]

STATIST DELUSION. This is usually where statist’s get lost, asking shit like ‘was the use of force appropriate?’

Contrary to legal truths, in reality, the so-called “right” to attack people is evil regardless of whether it is done lawfully by persons having “authority” or done unlawfully by criminals. Acts that would be considered unjust or morally unacceptable when performed by people are just as unjust or morally unacceptable when performed by government agents.

To be clear, all persons have the natural right to defend themselves and come to the defense of others if they believe another person is in imminent danger from an aggressor. Private security workers and guards also work under said natural law.

In contrast police officers also have the extra or additional “power” to act as offensively as aggressors; the right to attack people or initiate unprovoked acts of violence against people whenever they deem it necessary. Police are said to have such powers when they are acting on behalf of “authority.” As such, “citizens” police are permitted to lawfully attack (make arrests) people, touch them against their will, assault them, interfere with freedoms in many ways, kidnap people (detain and transport) or imprison them because higher authorities have empowered them to do so. In turn, people are said to have a moral and legal obligation to obey police commands and have no right to even resist an unlawful arrest in most states.

The problem is that there is no rational basis for authority. Authority, the basis for all governments and rulership, is a farce. Government “authority” can be summed up as the implied right to rule over people. It is the government’s ability and moral right to forcibly control citizens, its right to be obeyed and the citizen’s corresponding moral and legal obligation to obey.’ Authority requires that government’s laws, commands and orders to be obeyed on a content-neutral basis (regardless of whether they agree or not.) [MORE] Michael Huemer defines political authority as “the hypothesized moral property in virtue of which governments may coerce people in certain ways not permitted to anyone else and in virtue of which citizens must obey governments in situations in which they would not be obligated to obey anyone else.” Said hypothesized moral property makes government the supreme authority over human affairs.

Authority has no meaning in reality because it does not come from people nor is it derived from any natural source. All governmental power allegedly comes exclusively from the people. Citizens delegate their individual power to government and it’s representatives for them to represent citizens. Such representation works much in the same way agents represent their principals in all kinds of business or other contractual relationships. For instance, a manager at McDonalds represents the owner of McDonalds when she carries out the owners business everyday ordering inventory and hiring workers, etc. She is the agent, the owners are the principals. Naturally, an agent only can possess whatever powers the principal gave to her. For instance, you grant the babysitter access and power to use your living room but not the basement. And it goes without saying that an agent cannot have more power than the principal because all said power originated exclusively from the principal.

Inexplicably, the government has granted itself the authority to do things that no individual could do. While citizens have the inalienable right to act in self-defense or come to the defense of others, citizens have no right to initiate unprovoked acts of violence on other people and no right to forcibly control other people. As such, it is logically impossible for citizens to delegate the right to forcibly control others to the government - because citizens cannot possibly delegate rights that they don’t have. In other words, if you don’t have the right to initiate unprovoked acts of violence against other people then you cannot delegate or authorize anyone else acting on your behalf to do so. Clearly for example, your neighbor has no right to stop, search and detain you and put you into handcuffs, kidnap you and lock you in a basement for failing to comply with one his commands. So, how could your neighbor delegate a government representative the power to do so?

White Flint Cop Charged with Misdemeanor Assault for Striking Handcuffed Black Man Held by 2 Other Cops

From [HERE] A Flint police officer charged with misdemeanor assault struck a handcuffed man multiple times while the victim was detained by two other officers, according to a video obtained by MLive-The Flint Journal.

The video, obtained by The Journal through the alleged victim, appears to show Flint police officer Charles Redmond, 51, arrive at the scene, and push Terry Taylor’s face into a cement porch before hitting him with what appears to be a closed fist and then kicking him in the face.

After the apparent assault, the three officers pulled Taylor down the steps of the porch and onto the ground. The video capturing the incident came from a home security system.

Redmond declined to comment on the incident when approached by an MLive reporter Monday, April 10, prior to a pre-trial hearing. He said he has yet to hire an attorney.

Flint police previously said they were notified of an incident involving the possible use of excessive force on Jan. 27, a day after the alleged assault against Taylor.

Redmond was placed on administrative leave without pay and an internal investigation began, police said.

The investigation determined that Redmond did use excessive force, authorities said in a prior statement. A warrant request was submitted to the prosecutor’s office before being authorized on March 22.

“This administration will continue to be transparent and hold all officers accountable for their actions,” Flint Police Chief Terence Green said in a statement at the time.

Redmond was arraigned before District Judge David Guinn on March 23.

“The complaining witness says that on the date and at the location described, the defendant, contrary to law, did make an assault, or an assault and battery, upon the following person: (redacted) contrary to MCL 750.81(1).,” the complaint reads.

The charge is punishable by 93 days in jail and/or a $500 fine, according to the complaint.

2 White Torrance Officers Indicted on Unknown Charges After Murdering Christopher DeAndre Mitchel. Lathered Up Cops Pretended They Were Threatened by Calm Black Man Sitting in Parked Car

From [HERE] Two Torrance police officers were indicted Thursday, April 13, in the fatal shooting of a Black man sitting in a suspected stolen car in 2018, a killing that sparked months of protests in the community by Black Lives Matter activists, according to a defense attorney for one of the officers.

Attorney Tom Yu confirmed that a Los Angeles County grand jury returned the indictments, but he said he wasn’t aware of the specific charges against Officers Anthony Chavez and Matthew Concannon in the killing of Christopher DeAndre Mitchell.

Yu, who represents Chavez, said both men are scheduled to be arraigned Monday at the Clara Shortridge Foltz Criminal Justice Center in downtown Los Angeles.

The grand jury convened in March to consider evidence against Chavez and Concannon presented by special prosecutor Lawrence Middleton.

Officers fired three times at Mitchell. The shooting was captured on video by Concannon’s body-worn camera. Just 12 seconds passed from the time the officer activated his camera as he opened Mitchell’s car door to the time of the first shot.

“Based on Mitchell’s failure to follow the officers’ directions, his continued efforts to conceal the object in his lap, the physical appearance of the object, and the movement of his hands toward the object, it was reasonable for the officers to believe that the object was a firearm and to respond with deadly force,” the report said.

The shooting drew widespread protests at City Council meetings from Black Lives Matter activists who demanded that police release the video of the deadly encounter and, later, that the officers be held accountable. Mitchell’s mother, Sherlyn Haynes, publicly accused the officers of murdering her son, insisting that the video showed he was being cooperative.

New racist texts reveal Torrance cops talked about hurting and killing Black suspects

Is it Possible for Racist Cops to Provide a Quality "Public Service" to Black Citizens who are Unable to Decline or Disobey Such Services? Torrance Cops' Racist Texts Jeopardize Hundreds of Cases

Concannon and Chavez have been tied to other on-duty shootings as well.

Concannon was involved in the 2011 nonfatal shooting of Jeremiah Banks during a vehicle pursuit. Banks received a 15-year prison sentence after he was subsequently convicted on two counts of robbery and one count of felony evading, but also received a $100,000 settlement from the city after filing a lawsuit while incarcerated.

Chavez was one of five Torrance officers exonerated by the District Attorney’s Office for their roles in the fatal 2017 shooting of a San Gabriel man shot 23 times in the wake of a high-speed pursuit.

Chavez and Concannon also are reportedly linked to racist and homophobic text messages sent among Torrance officers and under investigation by the state Attorney General’s Office. At least four Torrance officers involved in the texting scandal have been terminated by the department.

Andres Guardado Wasn’t Under Arrest but LA Cops Chased Him and Fatally Shot Him 5X in the Back after He Surrendered. Then Cops Removed Private Video/Cameras. White Liberal DA Declines to File Charges

HOLDING BAD COPS ACCOUNTABLE . . WHERE? ONLY IN THE SPECTACLE AND ONLY IN A GROUP HALLUCINATION WITH SLEEPING TOMS AND SHEOPLE WHO VOTED FOR THIS USELESS MF. [MORE] and [MORE] and [MORE] and [MORE]

From [HERE] L.A. County District Attorney George Gascón has decided against filing criminal charges against the sheriff’s deputy who fatally shot Andres Guardado in 2020, according to a declination letter obtained by LAist. Police gunned down the 18-year-old as the nationwide protests that occurred after George Floyd’s death by Minneapolis police officers raged.

The letter states that “given the available evidence, there is insufficient evidence to prove beyond a reasonable doubt” Deputy Miguel Vega’s actions “were not because he honestly and reasonably feared for his life at the time he fired his pistol.”

According to the civil lawsuit, on or about June 18, 2020, at approximately 5:53 p.m., decedent, Andres Guardado, was working as a security guard for an auto shop located at 420 West Redondo Beach Boulevard in an unincorporated area of Los Angeles County, known as East Gardena, California 90248 (hereinafter "subject location"). At some point, a white Lexus pulled up in front of the auto shop with two occupants inside of the vehicle. Decedent, Andres Guardado, approached the passenger-side door, bent down, and began having a friendly conversation.

Soon thereafter, Los Angeles County Sheriff's Department Deputy Miguel Vega, Deputy Chris Hernandez, and DOES 1 through 50, inclusive, arrived at the subject location. Deputy Miguel Vega and Deputy Chris Hernandez parked their vehicle next to the driver-side of the white Lexus and rapidly exited their vehicle to approach the direction of the auto shop.

“18-year-old Andres Guardado, became scared and fled south down the alleyway. Without provocation or justification, and in violation of defendants' policies and procedures, the deputies immediately drew their weapons, and proceeded to chase after decedent down the alleyway. At some point, Deputy Vega, again without provocation or justification, shot Andres Guardado in the back, firing in total at least six times. Five of those bullets struck Andres directly in the back and each of those five gunshot wounds possessed an independent lethal capacity, ultimately causing his tragic and untimely death.”

Witnesses also said Guardado had no gun and was on his knees with his hands on his head when he was shot in the back.

Andrew Heney, owner of the Freeway autoshop where Guardado worked, said the teen became frightened when deputies pulled up on him with guns drawn for no reason and so he ran.

“The police came up, and they pulled their guns on him and he ran because he was scared, and they shot and killed him. He’s got a clean background and everything. There’s no reason,” he said. [MORE] and [MORE]

According to FTP after they killed him, police then destroyed all the cameras that may have caught the interaction before stealing the DVR from the repair shop. Then, as they promised “transparency,” they blocked the results of the autopsy from the family — so the family had their own autopsy performed.

Capt. Kent Wegener, the head of the department’s Homicide Bureau, told ABC7 that investigators have taken six or seven exterior cameras from the scene, claiming two of the cameras were missing their memory cards.

A search warrant was obtained to gain access to any “web-based video or security footage from the third-party vendor who supplies the service at the scene,” Wegener said.

However, Heney disputes this claim and said police “got the warrant after they took the cameras.”

“This is the first camera they yanked off the wall,” Heney said pointing towards one of the broken devices in an interview posted on Twitter. “They broke it off and took it right off the wall,” he said as he pointed out another.

“They were just trying to be malicious and covering themselves,” he said.

“They illegally got into everything, then they had the place locked down and then they got the warrant,” he said.

The complaint stated, “Plaintiffs are informed, believe, and thereon allege that at all times relevant and mentioned herein, decedent never posed a risk of imminent injury or death to Deputy Miguel Vega, Deputy Chris Hernandez, or any other person. Plaintiffs are also informed, believe, and thereon allege that at all times relevant and mentioned herein, the use of deadly force by Deputy Miguel Vega was not necessary to prevent imminent serious injury or death. Plaintiffs are further informed, believe, and thereon allege that at all times relevant and mentioned herein, Deputy Miguel Vega, Deputy Chris Hernandez, and DOES 1 through 50, inclusive, failed to use other available resources and techniques and, moreover, an objectively reasonable officer would know and believe that it was reasonably safe and feasible to use these other available resources and techniques.”

The family ordered an independent autopsy, and in July, the autopsy found Guardado was shot five times in the back. The findings by the county coroner’s office echoed the independent autopsy’s findings. Guardado’s cause of death was a homicide.

On November 10, the county coroner’s officer called for the inquest “in the interest of public transparency,” after questions arose about excessive force. The inquest was held on November 30, and the findings were forwarded to the district attorney and sheriff’s department for review.

Los Angeles County sheriff’s deputy Miguel Vega, the officer who fired the deadly shots, submitted a declaration. He indicated “that if he were to appear and be questioned at the inquest, he would assert his Fifth Amendment right not to testify.”

In December, the sheriff’s department announced that Vega was taken off the force over an investigation that arose from a separate incident in April.

However, Sheriff’s investigators said Deputies Miguel Vega and Christopher Hernandez told them that they saw Guardado with a gun as he stood outside an auto body shop near Compton. When they tried to stop him, he ran down the shop’s driveway.

The declination letter says that according to Vega, Guardado stopped, put the gun on the ground and lay face down, but as Vega went to handcuff him Guardado made a grab for the weapon. Vega opened fire. There were no witnesses to the shooting other than Vega.

There's also no video of the shooting; the incident occurred before Sheriff's deputies began wearing body cams, and there's no surveillance video of Vega opening fire. An autopsy found Guardado was shot five times in the back.

Police watchdogs had closely followed this case because it happened less than a month after the murder of George Floyd and sparked days of angry protests. They repeatedly had called on Gascón to file charges against Vega, and claimed the deputy unnecessarily killed Guardado as part of a ritual to join a deputy gang.

The FBI has also investigated the Guardado shooting but there so far have been no charges by federal prosecutors. Last fall the county paid $8 million to settle a wrongful death suit filed by Guardado's family.

WHITE LIBERALS IN ACTION IN THE SPECTACLE

Federal prosecutors have secured an indictment against Vega and Hernandez in another case involving witness tampering and the alleged false imprisonment of a skateboarder two months before the Guardado shooting.

Guardado’s family is “deeply disappointed” by Gascón’s decision, according to a statement from its attorney, Nicholas Yoka. It reiterated the family’s belief that Vega shot Guardado “for no justifiable reason,” and said the indictment for false imprisonment demonstrates that Vega and Hernandez should not have been in uniform on the day they encountered Guardado.

Long Beach to Pay $437,500 Settlement in Lawsuit Alleging Police Dog Attacked Latino Man who Was Asleep and Then Falsely Detained Him for 2 Days

From [HERE] The Long Beach City Council voted Tuesday night to pay $437,500 in order to settle a lawsuit involving a man who alleged he was sleeping when a police dog burst into his room and mauled him in 2019. 

In his lawsuit against the city, Bobby Aceves alleges his civil rights were violated and that Long Beach Police Department officers acted negligently and used excessive force when they allowed a K9 to attack him while they searched a home after arresting a shooting suspect. 

In court papers, the city denied that Aceves’ rights were violated and contended that officers’ actions were “lawful, justified, reasonable” and “in good faith.”

But on Tuesday, the City Council agreed during its closed session meeting to settle Aceves’ case and pay out the $437,500. The City Attorney’s Office did not immediately comment on the decision. 

According to Aceves’ lawsuit, he was attacked by the dog while officers were serving a search warrant in the 200 block of Artesia Boulevard on Dec. 17, 2019,  following the arrest of 41-year-old Benjamin Green in connection to three different shootings spanning the course of two years.

Aceves, who was at the home that day, says that he was sick and had just gone to sleep after taking cold medicine at around 1:30 p.m. when the K9 suddenly burst through his bedroom door and “viciously” attacked him. 

As a wounded Aceves crawled out of the bedroom and into the hallway, officers placed him in handcuffs, took him into custody on suspicion of obstructing an officer and left him bleeding outside while they finished a search of the home, according to the lawsuit. 

The attack left Aceves with bites to his arm, leg, butt and a partial tear of his Achilles tendon, according to his lawsuit.

Aceves was taken to a hospital before being booked into jail and held for two days, according to his lawsuit. He was then released because there wasn’t evidence to file any type of charges against him, according to the complaint filed by Aceves’ attorneys. 

“At no point did Mr. Aceves pose a reasonable threat of violence or danger to the Defendants or to any other individual,” according to the complaint. “Additionally, Defendants acted entirely without probable cause or reasonable suspicion that Mr. Aceves had committed, was committing, or would commit any crime.”

Aceves alleged he still hasn’t recovered completely, with ongoing pain, difficulty walking and “severe emotional distress,” among other conditions.

Attorneys for the city of Long Beach admitted in their court filings that police used a K9 during their search of the home and allowed the dog to search without a handler using a leash. 

However, the City Attorney’s Office argued that the officers acted within the scope of the law and that any injuries that Aceves suffered were caused “solely by reason of [his] own wrongful acts and conduct, and not by reason of any unlawful acts or omissions” of any officers. 

Mayor says George Floyd would be alive if Derek Chauvin had been fired in 2017

From [HERE] The mayor of Minneapolis said George Floyd would still be alive if the city’s police department had “done the right thing” and fired officer Derek Chauvin in 2017 after complaints he knelt on the necks of two people he arrested.

Jacob Frey was speaking at a press conference on Thursday announcing the city had reached a $8.9m settlement in two excessive force lawsuits.

Chauvin was convicted of murder and sentenced to 22 and a half years in prison in 2021 for killing Floyd the year before by kneeling on his neck for more than nine minutes. The episode ignited Black Lives Matter protests and a national reckoning over race and policing.

Two Minneapolis residents, John Pope Jr, and Zoya Code, arrested by Chauvin in separate incidents three years earlier, filed federal lawsuits last year. They will receive $7.5m and $1.375m respectively.

“He should have been fired in 2017. He should have been held accountable in 2017,” Frey said, apologizing to the victims and blaming the officer’s supervisors for failing to act.

“[If they] had done the right thing, George Floyd would not have been murdered.”

The lawsuits, citing Chauvin and several other Minneapolis officers, alleged police misconduct, excessive force, and racism. Chauvin is white, both plaintiffs are Black. [MORE]

Liberal Authorities in Minneapolis to Pay $9M Over Officer Chauvin's 2 Other Brutality Cases that Occurred Before He Murdered George Floyd. In Both Cases He Pressed His Knee into Black Mens’ Necks

From [HERE] The city of Minneapolis agreed Thursday to pay nearly $9 million to settle lawsuits filed by two people who said former police officer Derek Chauvin pressed his knee into their necks years before he used the same move to kill George Floyd.

John Pope Jr. will receive $7.5 million and Zoya Code will receive $1.375 million. The settlements were announced during a meeting of the Minneapolis City Council.

Both lawsuits stemmed from arrests in 2017 — three years before Chauvin killed Floyd during an arrest captured on video that sparked protests worldwide, prompted a national reckoning on racial injustice and compelled a Minneapolis Police Department overhaul.

At a news conference Thursday, Mayor Jacob Frey apologized to all victims of Chauvin and said that if police supervisors “had done the right thing, George Floyd would not have been murdered.”

“He should have been fired in 2017. He should have been held accountable in 2017,” Frey told reporters.

Both lawsuits named Chauvin and several other officers. The lawsuits alleged police misconduct, excessive force, and racism — Pope and Code are Black; Chauvin is white. They also said the city knew that Chauvin had a record of misconduct but didn’t stop him. 

Bob Bennett, an attorney for Pope and Code, noted that other officers failed to intervene or report Chauvin, and police leaders allowed Chauvin to keep working even though they had video evidence from body cameras of his wrongdoing. [MORE]

2 Cops Face Manslaughter Charges after Murdering Herman Whitfeld. Black Man Told Cops, “I Can’t Breath” as They Held Him Face Down. Hadn't Committed a Crime in Indianapolis, a White Liberal City

From [HERE] Two Indianapolis police officers were indicted on manslaughter charges on Thursday in the death of Herman Whitfield III, a Black man who died in April 2022 after he was restrained by the police when his parents called 911 because he was having a mental health crisis.

In addition to involuntary manslaughter, the officers, Adam Ahmad, 31, and Steven Sanchez, 34, also face felony charges of reckless homicide and battery and an additional misdemeanor count of battery. Officer Sanchez faces a second count of involuntary manslaughter for using a Taser, according to the indictment. The officers could face more than 20 years in prison if convicted on all counts.

The indictment by a grand jury in Marion County, Ind., came nearly a year after Mr. Whitfield’s death on April 25, 2022, and after months of calls from his family for the police to release complete, unedited body camera footage, which they eventually did. Mr. Whitfield’s death followed a series of episodes in which Black men were killed in police custody — encounters that have prompted national protests.

The family of Mr. Whitfield, 39, said in a statement on Thursday that they were “grateful that the criminal process will proceed and hope that justice for their son will prevail.” They also said that they would continue to press a federal civil rights lawsuit that they filed against the City of Indianapolis and all six officers involved in the call about Mr. Whitfield.

On Tuesday, activists joined members of Mr. Whitfield’s family at a news conference, calling on the Justice Department to investigate Mr. Whitfield’s death. They also want the Justice Department to examine how the Indianapolis Metropolitan Police Department “interacts with minority communities and responds to mental health crisis.”

The Indianapolis Metropolitan Police Department said in a statement on Thursday that Officers Ahmad and Sanchez, along with the other officers who responded to the call about Mr. Whitfield, would remain on paid administrative duty while an “internal process continues.”

The officers arrived at the Whitfield home early on April 25, 2022, after his mother, Gladys Whitfield, called 911 and requested urgent medical care, saying that he was having a mental health crisis.

When officers arrived at their home, police body camera footage showed, Mr. Whitfield’s parents met them at the door. For most of the 22 minutes captured on video, Mr. Whitfield did not engage with police officers as he walked around the home. The officers and his mother asked Mr. Whitfield, who was naked, to put some clothes on because an ambulance was coming for him.

At one point in the video, Mr. Whitfield is seen quietly sitting in a room. He does not respond to the police and his mother as they speak to him. A few minutes later, Mr. Whitfield is seen running, causing a commotion and calling for water.

“Keep that Taser out,” an officer is heard saying in the video.

Moments later, as Mr. Whitfield is seen running around a table, an officer draws a Taser and pulls the trigger, stunning Mr. Whitfield, who falls by the table and pulls a tablecloth over himself.

“Oh my God,” Mr. Whitfield is heard yelling. “I’m dying. I’m dying.”

The police then handcuff Mr. Whitfield, face down.

“Can’t breathe,” Mr. Whitfield is heard yelling, moving his body as officers try to restrain him.

“Tres, be calm,” Mr. Whitfield’s father is heard saying in the background, calling Mr. Whitfield by a nickname. “Calm down, Tres. It’s Daddy.”

After a few moments, Mr. Whitfield gradually stops moving, and his yells fade to whimpers.

“Those are going to be way too tight,” an officer is heard saying about the handcuffs on Mr. Whitfield. “We’ll deal with that in a minute.”

As the police continue to restrain Mr. Whitfield, face down in handcuffs, he eventually stops moving or speaking.

Within minutes, paramedics arrive at the home, and when it appears that Mr. Whitfield is not breathing, they begin doing CPR on him.

“Why are they doing that if he was OK?” Ms. Whitfield is heard asking.

Mr. Whitfield was pronounced dead at a hospital later that morning. The Marion County Coroner later ruled his death a homicide, caused by “cardiopulmonary arrest in the setting of law enforcement subdual, prone restraint, and conducted electrical weapon use.”

'They have the team, equipment and the gear. Now all they need is the right address.’ Farmington Cops Murder White Man During Another Wrong House Raid [the power to use Force Offensively is Evil]

From [AMMOLAND] “Farmington police shoot and kill man after responding to wrong home,” Albuquerque’s NBC affiliate KOB4 Eyewitness News reported Friday on an incident from the previous Wednesday.

Police were responding to a domestic violence call and “mistakenly approached the wrong house.”

Per the New Mexico State Police, which is investigating the shooting, the police knocked on the door and announced themselves. “ When no one answered, officers asked dispatch to call the reporting party back and have them come to the front door.”

Killed was homeowner Robert Dotson, 52, who answered his door with a gun in hand. Since it was the wrong house, he’s not the one who got the call. He was presumptively trying to figure out what was going on and who was out there.

“What followed was a chaotic scene, with officers retreating and opening fire” Farmington Police Chief Steve Hebbe explained in a video posted to the department’s Facebook page. That this is the default reaction on seeing a citizen in his own home holding a gun should be a concern to all, and at this writing, videos are being withheld pending officer statements. Until that happens, the public will not see how Dotson was holding the gun and if he made any attempt to open fire once he saw who was outside his door.

That Dotson’s wife opened fire and received return fire, only stopping and complying after certain she was in fact engaging with police, strongly suggests they had no idea what was going on and the police call was made to the residence where the initial call originated, not to the home of the man they just killed.

That leaves open the question of how police got the address wrong in the first place. What checklist procedures are in place to preclude an armed response and the assumptions that go with one until a positive identification has been established? Were those procedures followed? It also makes it imperative that the investigation be open and complete, especially in light of a prevalence of “wrong house raids,” resulting in headlines like:

• Man Dies in Police Raid on Wrong House

• Texas Cops Realized They Raided the Wrong House. They Kept Searching Anyway.

• Black woman handcuffed naked in raid at wrong home set to get $2.9 million from Chicago

• Cop Who Wrongly Led No-Knock Raid Against 78-Year-Old Grandfather Can’t Be Sued, Court Rules

If you go to the above link you’ll realize you could play this game all day. Yet despite these outrages, it still happens. And forget the wrong house. Sometimes it can be the “right one,” but the arrest warrant affidavit was falsified, resulting in the highly-publicized shooting death of Breonna Taylor by officers executing a “no knock” warrant.

And other times, it can be the result of a disgruntled neighbor calling in police with allegations of gunfire and death threats that she later withdrew—but not before SWAT responders opened fire on Jason Kloepfer, the subject of a series of exclusive AmmoLand reports.

Such stories are not new. Back in 2011, Jose Guereña, a U.S. Marine Corps veteran of the Iraq war was slain in a no-knock invasion by the Pima County Sheriff’s Department SWAT Team, controversial not only because no evidence of drugs was found at the scene, but also because he did not open fire on deputies as they had previously claimed. And deputies blocked paramedics from approaching the scene for well over an hour, cutting off any chance of their victim surviving.

It gets even more outrageous. In 2018, a victim was killed by police as the result of a wrong house revenge SWATting call – two morons got into a $1.50 “dispute” over “Call of Duty” and when one threatened to kill the other, he gave him a previous address that had since been occupied by the completely uninvolved victim. The threatener then called a third party who charged to make the 911 call (read the complete story here).

It’s no surprise that police tried to justify their response by claiming the totally innocent man “lowered his hands toward his ‘waist area’.”  Never mind that they were at a two-story house and the dispatcher reported it was a one-story house. The reported words of the “prankster” who called himself “SWAuTistic”:

“Bomb threats are more fun and cooler than swats in my opinion and I should have just stuck to that. But I began making $ doing some swat requests.”

And every bit as evil as that, when you consider the influence they have  and that they take in donations under the fraudulent pretense of being about “gun safety,” is the Coalition to Stop Gun Violence a group that partners with Giffords and that advises:

Talk about a way to set the stage for even more “gun violence”!

But back to New Mexico…

“What I will tell you as the chief is that this is an extremely traumatic event, that I am just heartbroken by the circumstances surrounding this,” Chief Hebbe continued in his Facebook non-apology. “I am extremely sorry that we are in this position.”

Good grief. The chief thinks he’s heartbroken. What about the wife of the man his men just killed?

And what he’s sorry for is being “in this position”?

This is inexcusable, any way you look at it. But it being New Mexico, with an anti-gun Democrat governor and Democrat-dominated legislature busy imposing every citizen disarmament edict they can get away with, don’t pin too many hopes on the politically-dependent State Police.

Who thinks we won’t see new casualties resulting from “red flag laws,” especially when, using the Giffords/Bloomberg model, where “About a third of gun confiscation orders are wrongly issued against innocent people”?

Uncle Brothers False Flag Productions Feature the Same Fake as Fuck Actors: Actress was at the Nashville and Highland (IL) “Mass Shootings” and in DC Advocating for Gun Control 3 days before Nashville

like Doc Blynd said, ‘all this shit is an IQ test.’ Watch your mind!

5 Racist Suspect Cops Arraigned in Racist Suspect Court after Being Under Charged by Black Rolebot DA. None Charged for the Brutal Torture and Intentional Murder of Ronald Greene

RONALD GREENE WAS A BLACK MAN WHO WAS TORTURED AND MURDERED BY WHITE TROOPERS IN LA. ON MAY 10, 2019, GREENE, WHO WAS UNARMED, DIED AFTER BEING ARRESTED BY LOUISIANA STATE POLICE FOLLOWING A HIGH-SPEED CHASE OUTSIDE MONROE, LOUISIANA. DURING THE ARREST, HE WAS STUNNED, PUNCHED, AND PLACED IN A CHOKEHOLD. HE WAS ALSO DRAGGED FACE DOWN WHILE HANDCUFFED AND SHACKLED, AND HE WAS LEFT FACE DOWN FOR AT LEAST NINE MINUTES. AT LEAST SIX WHITE TROOPERS WERE INVOLVED IN THE ARREST.

WHEN GREENE'S CORPSE WAS BROUGHT TO THE HOSPITAL, POLICE TOLD DOCTORS THAT HIS CAR HAD RUN INTO A TREE, A STORY A DOCTOR SAID "DOES NOT ADD UP", GIVEN THE NATURE OF GREENE'S INJURIES AND THE FACT THAT THERE WERE TWO STUN-GUN PROBES LODGED IN HIS BODY; POLICE LATER ACKNOWLEDGED THAT GREENE HAD DIED DURING A STRUGGLE, THOUGH WITHOUT MENTIONING ANY USE OF FORCE BY OFFICERS. ALTHOUGH AUTHORITIES REFUSED TO RELEASE BODY CAMERA FOOTAGE FOR TWO YEARS, THE ASSOCIATED PRESS OBTAINED AND PUBLISHED A PORTION OF IT IN MAY 2021. [MORE]

From [HERE] The five white law enforcement officers indicted in connection with the May 2019 beating death of Black motorist Ronald Greene pleaded not guilty Tuesday to the respective charges they face.

The defendants — four Louisiana State Police troopers and one Union Parish Sheriff’s deputy — were arraigned at the Third Judicial District Court in Union Parish.   

Master Trooper Kory York faces the most serious charges, including one count of negligent homicide and 10 counts of malfeasance in office. 

After entering their pleas and deciding on dates for the next hearing, the defendants and their attorneys left the Union Parish Courthouse without speaking to reporters who had gathered outside.

Lt. John Clary, the ranking officer on the scene almost four years ago, faces charges of malfeasance and obstruction of justice. An internal investigation revealed Clary mislabeled his body-camera footage. Once it was eventually found, it showed graphic parts of Greene’s beating not captured on any other cameras at the scene. 

York and Clary were suspended from State Police in January but are still entitled to receive any leave and compensatory pay.

Trooper Dakota DeMoss and Capt. John Peters each face a count of obstruction of justice. Union Parish Sheriff’s deputy Chris Harpin faces three counts of malfeasance in office. 

DeMoss was fired in 2021, and Peters has since retired

Greene died May 10, 2019, following a vehicle pursuit outside of Monroe. Body-camera footage of the incident, which State Police withheld for two years, shows the troopers beating, choking, stunning and dragging Greene before leaving him shackled in a prone position for at least nine minutes and failing to render aid. He was dead when paramedics arrived on the scene, according to testimony given to a Louisiana House of Representatives committee that investigated the alleged cover-up. 

State Police initially failed to investigate the incident, which only came to light when Greene’s family filed a wrongful death lawsuit in May 2020 that spurred news reports. Troopers initially told Greene’s family that he had died on impact after his car struck a tree. 

It took 474 days for state police to launch an internal inquiry and officials from Gov. John Bel Edwards on down refused to release body camera video for more than two years. That was until the AP obtained and published it in May, showing white troopers beating Greene and dragging him by his ankle shackles, even as he pleaded for mercy and wailed, “I’m your brother! I’m scared! I’m scared!”

Greene’s mother, Mona Hardin, spoke to reporters after Tuesday’s court hearing and called on Gov. John Bel Edwards to do more to prevent police killings of unarmed Black men. 

“What we saw on those videos clearly without a doubt — everyone knows — was the murder of a Black man,” Hardin said. “You can’t continue to sugarcoat the murder of a Black man while he was driving.”

But they did - none are charged with murder.

The next hearing in the case has been set for May 12.

According to the civil complaint filed on behalf of Mr. Greene:

On or about 12 a.m. on May 10, 2019, Greene was driving a silver Toyota CH-R on U.S. 80 in Monroe, Louisiana. Trooper Demoss contends that he attempted to initiate a traffic stop of Greene’s car. Trooper Demoss does not define any violation of the motor vehicle code that would justify a stop. Instead, he contends that he observed a “traffic violation”. Greene did not stop his car and a vehicle pursuit ensued.

Greene traveled along US 80 to LA 143 and into Union Parish where his car swerved, spun, and crashed into a wooded area.

The front of Greene’s car did not make impact with a tree and his airbag did not deploy. The highest level of impact sustained by the car occurred in the rear driver side and said impact was moderate.

Greene was able to exit the vehicle without assistance. Green was not injured and could walk, speak and otherwise function in a healthy manner after the crash.

Almost immediately thereafter, Trooper Demoss and Master Trooper Hollingsworth arrived on the scene. Shortly thereafter, Captain Peters, Lieutenant Clary, Sergeant McElroy, Master Trooper York, and Deputy Sherriff Harpin arrived at the scene.

Greene exited his car and began to apologize to the officers, telling them he knew he should have stopped the vehicle earlier. Officers pinned Greene down on the ground while he screamed ‘Oh my God.’”

Greene was moaning, begging the officers to stop, and repeatedly saying “I’m sorry.” Despite Greene’s contrition and surrender, Trooper Demoss, Master Trooper Hollingsworth, Master Trooper York, Captain Peters, Lieutenant Clary, Sergeant McElroy, and Deputy Sherriff Harpin individually and in concert used lethal force against Greene.

Trooper Demoss beat, smothered, and choked Greene despite the fact that he had surrendered, was not resisting, was in custody, and posed no threat. Master Trooper Hollingsworth beat, smothered, and choked Greene despite the fact that he had surrendered, was not resisting, was in custody, and posed no threat.

Master Trooper York beat, smothered, and choked Greene despite the fact that he had surrendered, was not resisting, was in custody, and posed no threat.

Lieutenant Clary beat, smothered, and choked Greene despite the fact that he had surrendered, was not resisting, was in custody, and posed no threat. Sergeant McElroy beat, smothered and choked Greene despite the fact that he had surrendered, was not resisting, was in custody, and posed no threat. Captain Peters beat, smothered, and choked Greene despite the fact that he had surrendered, was not resisting, was in custody, and posed no threat. Deputy Sherriff Harpin beat, smothered, and choked Greene despite the fact that he had surrendered, was not resisting, was in custody, and posed no threat.

Despite Greene’s contrition and surrender Defendant officers used an electronic control weapon against Greene at least three times thus attacking his heart with massive amounts of electricity. It is currently unknown which officer or officers used electronic control weapon(s) because the Louisiana State Police refused to produce or release bodycam footage, dashboard cam footage, discharge logs, use of force reports or any number of investigative materials that would identify who used lethal force.

Trooper Demoss watched other officers beat, smother, choke, and use an electronic control weapon on Greene despite the fact that he had surrendered, was not resisting, was in custody, and posed no threat.

The force used against Greene was unjustified, unreasonable, excessive, and in violation of Greene’s Fourth Amendment rights.

The force used against Greene left him beaten, bloodied, and in cardiac arrest. An officer called for an ambulance at 12:29 a.m.

When the Emergency Medical Technicians arrived at 12:51 a.m. they found Greene unresponsive. He was propped up against an officer’s leg, covered in blood with multiple “TASER” Barbs penetrating his body.

Emergency Medical Technicians determined that Greene was in cardiac and respiratory arrest.

Greene was placed on a gurney and transported to Glenwood Medical Center. He remained unresponsive when he arrived at 1:25 a.m. Greene was pronounced dead at 1:27 a.m.

An initial report from Glenwood Medical Center listed the principle cause of Greene’s death as cardiac arrest. He was also diagnosed with an “unspecified injury of head.”

Master Trooper Hollingsworth confirmed the vicious and unconstitutional nature of the Officers’ conduct by confessing that he choked and “beat the ever-loving fuck” out of Greene until he was spitting blood and went limp.

Master Trooper Hollingsworth confirmed that this vicious and unconstitutional beating was inflicted by multiple officers and in the presence of multiple officers.

All Defendants immediately began efforts to obfuscate the true nature of the conduct that caused Greene’s death. The following are examples of the Officers’ deceptions:

Greene’s family was told that he had been killed in an auto accident.

Greene’s mother was told that he had been killed immediately after hitting a tree.

The call for Emergency Medical Services omitted any mention that force had been used. The sole police report produced to date does not indicate that force was used.

Inconsistent versions of the Officers’ involvement with Greene were provided to medical treatment providers at Glenwood Hospital.

The sole police report produced to date asserted that Greene was intoxicated prior to any toxicology examinations being conducted.

Greene’s body was sent out of the State of Louisiana to conduct an autopsy, denying the right of the family to have a representative observe same. Green’s family has been denied access to video footage of the use of lethal force. Doctor Omokhuale, an emergency room physician at Glenwood confirms the Officers’ deception and stated as follows: “obtaining more history from different law enforcement personal, the account of what happened was disjointed and does not add up. Different versions are present and family did not come to the emergency room. Family states they were told by law enforcement that patient died on impact with tree immediately after motor vehicle accident, but law enforcement state to me that patient out of the car and was running and involved in a fight and struggle where them where he was tased 3 times.”

Grand Jury Indicts Former Texas Corrections Officer Accused of Fatally Shooting Black Inmate in the Back Multiple Times

From [HERE] Isaiah Garcia, a former corrections officer for the Hays County Sheriff’s Office in Texas was indicted last Friday by a grand jury on felony deadly conduct charges in the death of Joshua Leon Wright.

KSAT reported that Garcia allegedly shot Wright, 36, in the back multiple times after a fight broke out at Seton Hospital last December. Wright was receiving treatment at the medical facility when, after Garcia removed handcuffs for Wright to use the bathroom, he suddenly tried to escape.

Garcia, who was guarding Wright, then allegedly shot and killed him.

Hays County Criminal District Attorney, Kelly Higgins, claimed evidence presented by investigators determined the severity of the charges. “After hearing the evidence, the grand jury determined that the offense of Deadly Conduct was the most appropriate charge,” Higgins said. Texas Rangers presented findings from their investigation to the grand jury, including video from Garcia’s body cam.

The victim was incarcerated for numerous charges, including reckless driving, criminal mischief, and evading arrest. Combined Law Enforcement Association of Texas (CLEAT), the largest police officers’ union in the state, claim Wright was wielding a weapon when the fight happened.

Legal counsel representing the Wright family, Chevo Pastrano, said the victim was shot at least six times, based on information presented from an independent autopsy. His family also released a statement, with the support of civil rights attorney, Ben Crump, stating, “The family of Joshua Wright is relieved by news of this indictment, as it gets us one step closer to ensuring that former officer Garcia will be held accountable for his deadly actions,” the statement read, according to Hays Free Press News Dispatch.

“It is crucial that when officers act violently and against protocol, that they and the departments that train them are held responsible for their actions to ensure that these killings stop happening.”

Garcia’s charges carry a potential punishment of a maximum of ten years in prison and a fine of up to $10,000.

Pasadena Police Settle Christopher Ballew Lawsuit for $3.2M. Cops Ordered Black Man to “Shut the Fuck up, Dummy” before Battering Him into Submission w/Authority [aka the rule of law]

From [HERE] It's been nearly six years since then-21-year-old Christopher Ballew was unnecessarily and savagely beaten by two Pasadena Police officers, Zachary Lujan, and Lerry Esparza – in an undoubtedly preventable situation.

The violent flailing of a baton and Ballew’s face being slammed onto the asphalt of Joe's Mobile Service Station on November 9, 2017, remains a contemporary Rodney King moment for many in the Pasadena/Altadena community.

A continuum of a pattern of police violating policy, racial targeting, and, when in doubt — ordering Ballew to “Shut the Fuck up, Dummy” before violently battering him into submission. The two veteran Pasadena Police Department officers served up their brand of policing with no worry or concern about their brute tactics. They did so, knowing that at least one Body-Worn-Camera was recording their actions.

All of them, including former Pasadena City Manager Steve Mermell, had viewed the footage — and saw no problem with it. Instead, police and city officials chose to keep quiet.

From the beginning, Ballew maintained his innocence. He was then and remains adamant that he complied with the officers — even when they ordered conflicting and confusing commands under the threat that he would get a knee to the head if he spoke again.

Ballew filed a Federal Civil Lawsuit that would take his quest to hold the officers accountable. A journey that would be stalled and delayed by the City of Pasadena's legal roadblocks, conflicts of interest, and dragging out the process in a common strategy that further victimizes.

A joint statement released by the City of Pasadena and Civil Rights Attorney John Burton announced a settlement in the lawsuit stemming from the November 2017 unmerciful beating of Ballew by Lujan and Esparza.

According to the statement. “After the settlement, the city will pay $3.2 million in exchange for Mr. Ballew’s dismissal of his federal civil-rights lawsuit.”

The settlement is among the highest paid out by the City of Pasadena, resulting from the Pasadena Police's use of force in recent years.

Ballew wasn't a gang member and had never been in trouble with the law. A look back into the evening of November 9, 2017, it remains clear that Black men are trafficked through the criminal (in)justice system, railroaded by innocuous offenses on their rap sheets. At worst, they don’t make it out alive to tell their stories.

Lujan and Esparza were patrolling members of Pasadena PD’s Gang Enforcement Unit.

Ballew was en route to the gas station when he passed the officers traveling in the opposite direction. The officers noticed his white Mercedes Benz without a front license plate and tinted windows.

When the officers made a U-turn to catch up with Ballew, he had already exited his car and was causally heading towards the gas station convenient store.

After contacting Ballew, Esparza aggressively grabs his arm by applying a ‘pain-compliance’ hold, leading him back to the car.

A bystander and the officers’ car and body cameras captured the attack on videotape. Journalist James Farr produced a documentary based on those videotaped recordings that documents the two officers’ unprovoked and violent assault on the unarmed Ballew as he exited his car at the gas station and started walking toward the convenience store.

In a viral cellphone video that recorded critical moments of the event, Ballew can be seen defending himself from Esparza and Lujan.

Ballew is seen catching and deflecting the baton from Esparza, then being forced to the ground and punched by Lujan. Esparza then struck Ballew repeatedly with the metal baton near his spine. Ballew pleaded with the officers to stop before they overpowered him and handcuffed him on the ground.

The disturbing video footage showed Esparza un-holstering his weapon and placing his finger on the trigger a fraction of a second from possibly firing at Ballew before Lujan two-handedly slammed Ballew’s face into the concrete.

Most of the assault by the police was captured on video by a bystander. That video was discovered by Ballew a month after the assault. The bystander's video of the horrific acts went viral. After considerable community pressure, Pasadena PD released six dash-cam and body-camera videos that provided additional graphic details of the encounter.

Lujan activated his camera. Esparza failed to turn his camera on.

Ballew was transported to a local emergency room. He was later booked on suspicion of assaulting a police officer with a deadly weapon. After spending about 36 hours in custody, he was released on $50,000 bail.

The Los Angeles County district attorney’s office declined to press charges against Ballew, citing insufficient evidence.

Former Pasadena Police Chief John Perez cleared the officers in April 2021.

Both Esparza and Lujan remain employed with the department. Available public records show they continued working overtime and special assignments — including the Black History Parade.

Ballew’s attorney, John Burton, said the confrontation could easily have turned fatal. Burton said one of the objectives of the claim is to determine why the traffic stop intensified so quickly.

“This was unprovoked, nearly deadly violence,” said John Burton, Ballew’s attorney. [MORE]

Liberal Authorities in NYC Can't Dodge Suit Over NYPD’s Efforts to Silence People Protesting Against Police Brutality and the Police Murders of Black People by Unlawfully Detaining and Assaulting Them

From [HERE] A New York state trial judge has ruled that the city of New York cannot escape a lawsuit brought by five people alleging they were unlawfully arrested, detained and injured by police during the 2020 demonstrations following George Floyd's killing.

New York Supreme Court Justice Leslie A. Stroth said in an order Thursday that she was denying a bid by the defendants — the city, the New York Police Department and four individuals officers — to dismiss claims that police flouted the state's penal law and constitution when they arrested demonstrators instead of issuing them desk appearance tickets on the spot.

In January 2020, months before Floyd's death, state law was modified to require cops to ticket rather than arrest people accused of low-level offenses. Police arrested the plaintiffs at protests in May and June of that year, charging them with disorderly conduct and for disobeying a curfew imposed by then-Mayor Bill de Blasio in response to looting and destruction. All charges were either dismissed or never filed by prosecutors.

The case largely focuses on the meaning of the word "arrest." At its core, the dispute is whether the law forces police officers to issue desk appearance tickets — which require suspects to show up for court hearings — at the scene of an incident or whether they can transport them to police stations and booking centers.

In her order allowing the suit to move forward, Justice Stroth said she didn't have to rule on those arguments at this stage of the litigation but added that "clarification is needed" on the law.

"Defendants fail to address the fact that the plaintiffs were held in vans and cells, restrained for hours, and were clearly in custody and not free to leave for several hours, which is what occurs in what defendants describe as a full custodial arrest," the order says.

In an amended complaint filed in June last year, the plaintiffs asked the court to declare that the law prohibits police from arresting people for low-level offenses and to award damages for violations of Section 12 of Article I of the New York State Constitution, which includes protections against "unreasonable searches and seizures" similar to those in the U.S. Constitution. The complaint also included claims of false arrest, assault and battery, and excessive force.

In a partial motion to dismiss filed in July, the defendants argued that they did not "arrest" the demonstrators, but rather "transported" them from the scenes of their offenses to a precinct or booking center to issue appearance tickets.

They said the statute at issue — New York Criminal Procedure Law, Section 150.20 — authorized them to issue tickets in locations other than the locations of the incidents or they otherwise had "absolute immunity" in deciding that custody was appropriate under the circumstances.

In her order, Justice Stroth said it was too soon to make determinations on immunity issues.

Marlen S. Bodden of The Legal Aid Society of New York, which represented the plaintiffs alongside attorneys with Debevoise & Plimpton LLP working pro bono, hailed the court decision as a victory.

"The NYPD is not above the law, and this ruling enforces that reality," she said in a statement.

Andrew Ceresney, co-chair of the litigation department at Debevoise, said in a statement that the firm was committed to ensuring that "all New Yorkers have access to equal justice."

"We are pleased that the court denied the city's motion to dismiss, and look forward to vindicating our clients' rights as the case now proceeds," he said.

The NYPD did not respond to an email seeking comment. 

"While the city is disappointed with this decision and that the court has allowed the case to proceed, we are confident that we ultimately prevail on the merits of the claims," Nicholas Paolucci, a spokesman for the New York City Law Department, said in an email statement.

In their complaint, the plaintiffs — Charles Douglas, Julian Gilbert, Derek Baron, Emily Martin and Nicholas Moore — said they were placed in handcuffs or zip ties, transported to a booking center or police precinct in "overcrowded, filthy, and overheated vehicles" and detained for several hours before being issued tickets.

"Despite the law's clear mandate to issue appearance tickets, the NYPD unlawfully arrested, handcuffed, and in some instances physically brutalized the plaintiffs," the complaint says.

Douglas alleged in the complaint that, at the end of a demonstration against police brutality in Union Square on May 31, 2020, several unmasked officers piled on him and he was forced to sit on a sidewalk for several hours with his hands cuffed before being placed in a hot police van without air conditioning en route to police headquarters in Manhattan.

Gilbert said that following a peaceful march in Brooklyn on June 4, 2020, he was yanked from his bicycle and thrown face down onto the ground before being taken to Brooklyn central booking, where he was moved among multiple "filthy, foul-smelling, and overcrowded cells," the complaint says.

Baron, Martin and Moore were among the over 300 protesters the NYPD trapped and arrested in South Bronx on that same day. The incident sparked public outrage and several civil lawsuits, some of which have been settled.

NYPD's crowd control tactics were criticized as too brutal and continue to be the focus of lawsuits — including one brought by New York Attorney General Letitia James — that were consolidated for pre-trial purposes and are currently before U.S. District Judge Colleen McMahon and U.S. Magistrate Judge Gabriel W. Gorenstein in federal court in Manhattan.

The demonstrators are represented by Andrew J. Ceresney, Jared I. Kagan, Brandon Fetzer, Daniel Joiner and Samantha B. Singh of Debevoise & Plimpton LLP and Corey L. Stoughton, Marlen S. Bodden and Russell S. Novack of The Legal Aid Society of New York.

The city of New York, the New York Police Department and the individual officers are represented by Sylvia O. Hinds-Radix, Stephanie D'Agostino and Jeffrey S. Dantowitz of the New York City Law Department.

The case is Douglas et al. v. City of New York et al., case number 153606/2021, in the Supreme Court of the State of New York.

Like the Constitution says ‘Any Black Person w/a Gun Can Be Shot on Sight Even If They Don't Pose a Threat.’ Video Shows Milwaukee Cop Fatally Shoot Herman Lucas in the Back as He Fled w/Gun in Hand

From [HERE] The Milwaukee Police Department on Friday released redacted footage of the fatal police shooting of Herman Lucas, but the video does not show Lucas point a gun at the officer prior to the officer killing him.

If you are running away from someone can you still pose an imminent threat to them?

Kent Lovern, Milwaukee County’s chief deputy district attorney (a white liberal), said Friday the findings of the investigation were turned over to his office days ago and no decision on possible charges have been made. The Waukesha Police Department was the agency leading in the investigation.

The department also addressed public concerns regarding a bystander's video following the shooting where officers move Lucas' body. Sarnow said officers attempted to move him to level ground after approaching cautiously as they were unsure if Lucas still posed an active threat.

The incident began with a traffic stop around 1:48 p.m. Feb. 21 on the 7000 block of West Thurston Avenue on Milwaukee’s northwest side. Police said officers pulled over the vehicle for not having license plates.

The driver initially stopped but then fled west as officers approached on foot. After traveling about a mile and a half with police in pursuit, the driver disregarded a red light and crashed into another car on the 9100 block of West Silver Spring Drive.

Bystander video shows at least four police officers cautiously approaching Lucas’ body as it lays unresponsive on the ground in a corner of a gas station lot, where a fence and building meet. The officers’ guns are drawn and at least one holds a tactical shield as they appear to shout orders at Lucas to put his hands on his side.

Lucas never moves.

DoGooder PropaGandhi Puppeticians Reinstated. Freedumb Flighters Resume Advocacy to Eliminate the Right of Self-Defense Against Criminals and Tyrannical Government and Push for Dialing 911, Slavery

Eliminating the right of self defense is not Black power. Banning so-called “assault weapons” is not freedom but freedumb, slavery. Contrary to dumbocrat clogic, assault weapons don’t make people less safe against criminals or government tyranny. Tyranny prevention is a core purpose of the so-called 2nd amendment, it is a pre-existing right that authorities must discard to impose tyranny. Pre-existing here means it is an inherent, inalienable right that exists without regard to any government. People must be able to obtain powerful weapons to defend themselves against government tyranny for this "Pre-existing right" to be meaningful.

It may difficult for do-gooders clinging to their white liberal dogma to understand but the “2nd Amendment is a doomsday provision, one designed for those exceptionally rare circumstances where all other rights have failed—where the government refuses to stand for reelection and silences those who protest; where courts have lost the courage to oppose, or can find no one to enforce their decrees. However improbable these contingencies may seem today, facing them unprepared is a mistake a free people get to make only once.” [MORE] The 2nd Amendment protects against overreaching government. Is that so hard to conceive when police murder Black men with impunity on a regular basis? As explained by Judge Alex Kozinski, “Disarmament was the tool of choice for subjugating both slaves and free blacks in the South.” 

Without the right to carry arms for self defense and defense against government tyranny all your other so-called “rights” can be turned on and off like a light by authorities. As explained by legal scholar Skylar Petit,

“All too many of the other great tragedies of history—Stalin's atrocities, the killing fields of Cambodia, the Holocaust, to name but a few—were perpetrated by armed troops against unarmed populations. Many could well have been avoided or mitigated, had the perpetrators known their intended victims were equipped with a rifle and twenty bullets apiece, as the Militia Act required here. If a few hundred Jewish fighters in the Warsaw Ghetto could hold off the Wehrmacht for almost a month with only a handful of weapons, six million Jews armed with rifles could not so easily have been herded into cattle cars.”

The chance of being victimized in a mass shooting or active shooter incident is almost 0%. According to the FBI, this type of shooting is the rarest of all types of shooting. [MORE] An American’s lifetime odds of dying in a mass shooting committed in any location is 1 in 11,125; of dying in a car accident is 1 and 491; of drowning is 1 in 1,133; and of choking on food is 1 in 3,461). You’re 55 times more likely to be killed by a police officer than a “terrorist.” [more]

Indeed, Historical Analysis Shows Disarmed Formerly Free People Have No Defense Against Slavery or Govt Violence.

All of the ten major tyrannical regimes of the twentieth century and beyond confiscated the weapons of the populations they planned to murder or terrorize en masse.

The ten regimes are listed below:

• Ottoman Turkey

• USSR

• Nazi Germany

• China

• Guatemala

• Uganda

• Cambodia

• Rwanda

• Yugoslavia (the former)

• Sudan.

Of the ten regimes, not one announced its intentions to its victims.  All the victims were deliberately fed disinformation until the last minute in order to preclude resistance. In the 20th Century:

• Governments murdered four times as many civilians as were killed in all the international and domestic wars combined.

• Governments murdered millions more people than were killed by common criminals.

How could governments kill so many people?  The governments had the power - and the people - the victims - were unable to resist. The victims were unarmed. [MORE] As explained by Naomi Wolf,

In Australia, citizens are now arrested when they seek to escape forcible quarantine. This happened so easily. Australians yielded 650,000 privately owned guns in 1996-7 [https://www.vox.com/2015/8/27/9212725/australia-buyback]. Australians can now offer little deterrence to this kidnapping by the state. 

The unarmed people of Shanghai have nothing which which to deter their mass incarceration. Neither can the unarmed citizens of China as a whole deter the transportation of ethnic minorities into detention camps, or organ harvesting or forced abortions. 

You can hate guns. I have hated guns most of my life. I hate violence. I hate gun violence. I hate the slaughter of innocents. I am a peaceful person. 

But it is becoming obvious even to us pacifists, vegans, and tree huggers, that formerly free people who are unarmed are defenseless against the criminal tyrannies exerting massive violence and control upon them. [MORE]

According to FUNKTIONARY:

Second Amendment – (to the Constitution for the United States)—is only intended for a militia to enforce the First Amendment if and when deemed necessary. Every non-felon in the street has the guaranteed right to be packin’ heat. Slave states (the overwhelming majority) are those that have criminalized openly carrying firearms. In the case of Silveira v. Lockyer, Ninth Circuit Judge Alex Kozinski summed up the importance of the right to keep and bear arms: “The prospect of tyranny may not grab the headlines the way vivid stories of gun crime routinely do. But few saw the Third Reich coming until it was too late. The Second Amendment is a doomsday provision, one designed for those exceptionally rare circumstances where all other rights have failed—where the government refuses to stand for reelection and silences those who protest; where courts have lost the courage to oppose, or can find no one to enforce their decrees. However improbable these contingencies may seem today, facing them unprepared is a mistake a free people get to make only once.” The right to keep and bears arms actually serves as more than an insurance policy, it also serves as a deterrent. For when would-be tyrants know that the citizenry is well-armed, they think twice about imposing tyranny. (See: Gun Control, HUGGS, Self-Ownership, Cowards, Cemetery & Militia)

Militia – a lawful organization outside the control of organized (and unorganized) crime under the direct control of non-merchants formed for the purpose of hands-on remedies for the prevention of violence where there is no “money” to be made (advantage). 2) the last remedy for the non-merchant denied remedy by the merchant courts and police. 3) combat shooting clubs that keep the fetid and flagituous elements (rogue agents and bad actors) in and behind “government” a tad bit nervous. Militias protect the unalienable rights of free men and women. You are more likely to be visited-upon by the “authorities” of whatever stripe more than a would-be robber. Both have the same intention—to take you and/or your property by force. While violence is never the answer, protecting yourself and defending your rights, family, dignity, property and honor is the solution for lawless encroachment by those sworn to uphold the law and those who could care less about you, the authorities, or the law to begin with. “Stop right there! Drop your weapons and let me see your hands in the air—and wave them like you’re in despair.” ~Arnecca DeWoods. Never forget Ruby Ridge. (See: Force Continuum, Gun Control, Startle, Fascism, Rights, Justice System, Unalienable Rights, Police, Law Enforcement, Authorities, Orderlies, Game Warden, Jehovah Witness Protection Program, Surveillance State, Nation- States, Political Boundaries, Free-Range Slavery, Territorial Boundaries, Waco “No-Knock,” The Greater System, WACO, Longevity, Faction, Authority, Government, Granfalloon, Legislation & Second Amendment)

PropaGandhi – passive social non-resistance propaganda. 2) obedience-based servitude to the enforcers of granfalloons uncommonly known as Corporate States and any other group-entities. Mahatma Gandhi mostly walked barefoot which produced calluses on his feet. He also had a very weird diet sprinkled with bouts of fasting which made him rather frail and suffer intermittently from halitosis—this made him… “A super callused fragile mystic hexed by halitosis.” (See: Poser, Class, Mass, Racism White Supremacy, Gun Control & Caste)

Racist Man Pleads Guilty to Felony Threats, Slashing Tires, Breaking Windshields and Vandalizing Homes in Effort to Intimidate Black Residents Into Leaving Wisconsin Neighborhood

From [HERE] A Wisconsin man pleaded guilty to one felony count and one misdemeanor count of intimidating and interfering with Black residents because of their race and because they were exercising their right to fair housing.

According to court documents, William McDonald, 45, of West Allis, Wisconsin, admitted that in March 2021, he vandalized a Black woman’s vehicle parked outside her apartment by slashing her tires and smashing her windshield. McDonald then left a note on her car, filled with racial slurs, threatening to slash her throat and demanding she move out of West Allis. A week later, McDonald slashed two of her car tires and left another note filled with racial slurs and giving her an ultimatum – move out of the neighborhood or suffer violence. In April 2022, a Black woman and her two minor children moved into McDonald’s apartment complex. Shortly after they moved in, McDonald vandalized her front door with racial graffiti and left her a note, calling her family a racial slur and demanding she get out of the building.

“No one should feel unsafe in their home or be subjected to harmful and derogatory threats because of the color of their skin,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will continue to protect the housing rights of all individuals and vigorously prosecute those who use racially-charged threats to drive people from their homes.”  

“The conduct at issue in this case strikes at the very core of the civil rights guaranteed to every American citizen under federal law,” stated U.S. Attorney Gregory J. Haanstad for the Eastern District of Wisconsin. “I commend the courage of those targeted by Mr. McDonald for coming forward. The U.S. Attorney’s Office remains committed to working with all of our federal, state, and local partners to hold individuals who violate the civil rights of others fully accountable under federal law.”

“Hate crimes are not only an attack on the victim, they threaten and intimidate an entire community. Because of their wide-ranging impact, investigating hate crimes is a top priority for the FBI,” said Special Agent in Charge Michael E. Hensle of the FBI Milwaukee Field Office. “As a law enforcement protector of civil right in the U.S., the FBI will continue to collaborate with our local and state law enforcement partners and bring to justice those who commit hate crimes.”

McDonald faces a maximum sentence of up to 11 years in prison. A sentencing date has been set for June 29 A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI Milwaukee Field Office and the West Allis Police Department are investigating the case.

Assistant U.S. Attorneys Christopher Ladwig and Philip Kovoor for the Eastern District of Wisconsin and Trial Attorney Nikhil Ramnaney of the Civil Rights Division’s Criminal Section are prosecuting the case.