POLICE BRUTALITY – EXCESSIVE FORCE ATTORNEY

Mr. Steering has been defending bogus resistance offense cases and suing police officers for false arrests and brutality / excessive force since 1984. He is an expert and specialist in this field.

Mr. Steering’s law practice involves representing persons in Orange County, Los Angeles County, San Diego County, Riverside County, San Bernardino County and Ventura County, Kern County, Imperial County and otherwise throughout the United States pro hac vice. He is also a Member of the State Bar of California, the State Bar of Georgia and has also litigated cases in Alabama and the District of Columbia. Mr. Steering has also been a Member of the Bar of the United States Supreme Court since 1987. He is an expert in police brutality / excessive force and false arrest cases, and has been litigating these cases since 1984.

The great majority of Mr. Steering’s law practice is defending bogus criminal cases against the victims of abuse by the police and suing police officers and other government officials, for claims such as false arrest, police brutality / excessive force, malicious prosecution, and other “Constitutional Torts.”

JERRY L. STEERING IS A POLICE MISCONDUCT ATTORNEY; BOTH CIVIL AND CRIMINAL.

“Civil”, meaning suing police officers and their employing agencies for violation of various federal Constitutional and state law violations; otherwise known as “Constitutional torts.”“Criminal”, because when the police falsely arrest you or beat you up, they routinely attempt to justify their conduct, by procuring your bogus malicious criminal prosecution; usually for Contempt Of Cop / “resistance crimes”, such as violation of Cal. Penal Code § 148(a)(1) (resisting / obstructing / delaying peace officer; the most abused statute in the California Penal Code. If the police merely beat you a little, they will usually arrest you for violation of Cal. Penal Code § 148(a)(1). If they beat you severe enough that visible wounds show, they usually “turbo” the Section 148(a)(1) charge, to a violation of Cal. Penal Code § 69 (threat of force or violence or use of force or violence, to deter / prevent public officer from performing duty of office].)

As shown below, police abuse of these resistance offenses, coupled with our appellate courts basically allowing “Officer’s Safety” concerns to trump your search and seizure rights, have created a truly modern police officer who is brutal and who will frame you to shift the blame for his / her use of force upon you.

FOR MOST OF YOU, IF YOU ARE READING THIS ARTICLE YOUR VIEWS ABOUT POLICE OFFICERS HAVE RECENTLY DRAMATICALLY CHANGED.

For most of you, prior to the incident that caused you to read this article you believed that police officers don’t do bad things to people who don’t deserve it. You previously believed that most claims of brutality by police officers are more media hype than real unlawful and cruel police behavior.

Now you know differently; not from me or from the media, but from the unfortunate experience that you, your loved one or a friend or relative has just suffered. Chances are that you would not have believed what a police officer did to you or another, if you had not seen it or experienced it yourself. People believe what they want to believe and most of us do not want to believe that overall, if you are a good law abiding citizen, the chances of you getting beaten or shot by a police officer are greater than your chances of getting beaten by someone who is not.

What most normal good citizen types have a very difficult time truly believing, is that a substantial minority of today’s police officers actually enjoying beating, tasing, pepper-spraying and otherwise torturing civilians. Some of them actually go out on patrol hoping that they get an opportunity to shoot someone. That minority of police officers are out there, patrolling your streets and just craving for an opportunity to beat and terrorize the public. It is not a racial thing. After all, the police don’t wear thirty pounds of equipment on their bodies to dance with you. These routinely use for upon civilians as a real and legitimate part of their jobs. That’s okay. That’s what they are supposed to do. The problems arise when some of these officer actual start enjoying what they are paid to do to guilty and dangerous people, and start using unreasonable force upon innocents; especially those who may have questioned their authority.

POLICE SADISM IN THE UNITED STATES; IT ROOT AND CAUSES.

With all due respect to racial minorities, for the most part, today’s police officers do not care what color you are or where you came from. When you “fail the attitude test” with today’s police officers you probably will minimally be arrested for some “resistance offense“. If you continue to “mouth-off” to the officer (i.e. lawfully protest being falsely arrested or tell the cop they are acting unlawfully) you are begging for a police beating and there is a substantial probability that you will get one. This is no joke. No police or prosecutorial agency is going to fault a cop for beating you unless there is a clear video recording showing some black and white use of unreasonable force upon you by the officer. That is reality. Accordingly, as a real practical matter, the police soon learn that they usually can beat you with impunity.

Although one my lawfully non-forcefully resist an unlawful arrest or detention, and may with reasonable for resist the use of unreasonable force upon you by an officer (See, People v. Curtis, 70 Cal.2d 347 (1969) ) if you do resist or protest you are likely to be beaten and falsely prosecuted for some “resistance offense”.

Some of this is unlawful and outrageous police violence and downright police sadism a natural product of using force upon civilians every day for a living; even legitimately.The police walk around every day with a “Sam Brown Belt” with which they carry items such as: 1) a pistol, 2) a taser, 3) a baton (usually these days collapsible ones or “asps”), 4) peppery-spray, 5) bullets, 6) handcuffs, 7) police radio 8) recording device and 9) handcuffs. That is a lot of hardware. They also now usually carry AR-15 high powered rifles, rather than the traditional police shotguns. So, the average cop is armed to the teeth.

Some of this is the result of the United States being in a war in the Middle East since 2001. The United

States invaded Afghanistan in 2001 and invaded Iraq in 2003. Because many of the United States Military personnel serving in those wars were Reserves, and because many of those Reserves were and are police officers, many of today’s police officers act as if they were in a war zone. When they perceive a potential threat to them, real, imaginary or contrived, they often just “take out” that threat. Frankly, who can blame them. The use of police SWAT teams is prevalent in this country, even for de minimis threats to anyone. Half of the time that SWAT team is basically practicing (on you; again, for fun). Modern police equipment is often indistinguishable for military garb.

Surprising to most, some of this police sadism and run-away use of unreasonable force is the result of civil and criminal juries constantly siding with the police. Law Enforcement Agencies never admit fault. They never admit that there officer wrongfully shot someone or unlawfully beat someone, or even unlawfully arrested someone. When juries excuse police outrages, the police now may come to believe that such conduct is now permitted. If their agency isn;t going to fault them and the juries won’t either, that really can do just about anything they desire with you. As Lord Acton stated some time ago: “Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men.”

OFFICER’S SAFETY HAS REPLACED YOUR RIGHT TO BE FREE FROM UNREASONABLE SEARCHES AND SEIZURES OF YOUR PERSONS AND PROPERTY.

Police officers usually don’t go “hands on” any more unless the person is handcuffed, or there are multiple officers to beat the person, “in concert”. These days they usually don’t even use their batons. They either tase you or just shoot you. There are no real world consequences for police officers to even murder an innocent; that is so long as no one is lurking in the shadows with a cell phone who video recorded the murder in sufficient detail to not allow the police to make up some phony justification as to why the officer properly shot another. It is not coincidental that the largest Sheriff’s Department in the United States, the Los Angeles County Sheriff’s Department, does not have video recorders in their patrol cars, or video or audio recorders on their persons. They don’t record because the Los Angeles County Sheriff’s Department is a truly brutal agency. It is really that simple. Again, however, if you had not seen or experienced the police outrage and you were just told about it by another, you just would not have believed it.

Moreover, thirty years ago if police officer pointed gun at a person’s head and ordered him to prone-out on the ground, the person was considered “under arrest”, not a mere “detention”. However, because judges in the real world are loathe to exclude incriminating from evidence from a criminal trials, they pervert the contours of those protections that at least used to be afforded to us by the United States Constitution. So, now pointing guns at persons heads and ordering them to prone themselves on the ground, and then kneeing them in their backs or necks or head, handcuffing them and placing them in the back of the police car, all as a precautionary measure for “Officer’s Safety”, is lawful; all because the Judge or Justices didn’t want to exclude the incriminating evidence found on the person when they are searched.

Here is an example. Say that a police officer gets call for a suspicious man wearing a red jacket at a park who is vandalizing park signs. When the police arrive at the scene they don’t have “probable cause” to arrest the man. They only have “reasonable suspicion” of criminality by man; sufficient to “detain” him to either confirm or dispel the officer’s suspicion that the man had vandalized park sign (know as an “investigative detention“).

When the police accost the man at the park point guns at his head, and order him to prone himself on the ground, and drop their knees down onto his back, handcuff him and place the man in the back seat of their patrol car; all as a precautionary measure for “Officer’s Safety”. As they place the man against the car before placing him inside, they entry out the mans pockets and find knife; a knife that happens to turn out to be the weapon that was used to rape and murder a little girl at the park. The police don’t even know that the man raped and murdered a little girl yet or even that there was a little girl murdered at all. The police arrest the man for carrying a concealed weapon and take him to jail.

After the police take the man to jail they learn that there was a little girl who was stabbed to death at the park that day. The police crime lab tests the knife and find a DNA match showing that the knife had the little girl’s blood on it.

The man is then charged with rape and murder by the District Attorney’s Office, and his criminal lawyer makes a motion to suppress (exclude) the knife from evidence at trial on the ground that the arresting officer didn’t have sufficient “probable cause” to have arrested the man at the park when they handcuffed him at gun point, proned him on the ground, kneed him in his back and placed him inside of the police car. Therefore, the full scale search of the man was unlawful because they only had ground to detain but not arrest him, and that knife should be excluded from evidence at trial because it is “the fruit of the poisonous tree“; evidence obtained in violation of the man’s fourth amendment right to be free from an arrest of one in the absence of “probable cause” to have arrested the man. If the knife is excluded from evidence the man will walk free. If the police restrained the man in a manner that exceeded that level of force allowed pursuant to an investigative detention, then he was technically “arrested” when the police pointed their guns at him, proned him on the ground, knee dropped him, handcuffed him and placed him inside of the patrol car.

What will the judge do? If the judge grants the motion to suppress the man walks free even though it is very clear that he was the rapist / murderer. Will the courts then find that the manner of restraint of the man exceeded that allowed pursuant to an investigative detention? Probably not. If they do then they must exclude the knife from evidence at trial and the man walks free, and the politicians (i.e Judges in this instance) are not inclined to do that. So, they usually will now declare that pointing guns at persons not suspected of violent crimes, proning them on the ground, handcuffing them, placing them in police cars and doing full scale searches of the persons and their property, is a reasonable manner of restraint for a detention.

The moral of our story is that case by case, issue by issue, year by year, the courts have allowed the police to use increasingly greater levels of force. Often because they don’t want to exclude evidence at criminal trials, and otherwise because Conservative Judges and Justices are bent on simply allowing the police to ignore longstanding search and seizure rights of the public in the name of officer safety.

POLICE BRUTALITY IS TOLERATED AND ENCOURAGED BY PUBLIC PROSECUTORS BY PROSECUTING INNOCENTS FOR RESISTANCE OFFENSES.

Ask any cop what percentage of Section 148(a)(1) cases (resisting / obstructing / delaying peace officer), Section 69 cases (prevent to deter public officer from performing duty of office via use or threat of violence) Section 243(b) and (c) cases (battery on peace officer) are legitimate, and off the record, they will tell you almost none; maybe one or two percent.

Section 69 is a “wobbler”; a charge that can be charged as a misdemeanor or a felony. So, when the police beat you badly, or even shoot you, they will often charge you with felony violation of Section 69, for several reasons: 1) it (falsely) makes your conduct look more threatening to the police, the judge and the prosecutor, so as to justify their use of severe violence upon you; 2) since Section 69 can be charged as a felony, the police can require that you post bail before going to court; something that helps drain you financially, and something that often results in the person who was beaten-up by the police, pleading guilty to a crime against the officer, just to get out of jail; a guilty plea that precludes them from suing the officers later-on; 3) if the Section 69 charge is filed by the District Attorney’s Office as a felony, they often are able to get complete innocents to plead guilty to the misdemeanor offense of violation of Section 148(a)(1), which also will more often than not, legally preclude the victim of police violence from being able to successfully sue the police for the beating that they gave their victims.

The police procure your bogus malicious criminal prosecution for those resistance crimes as well as the other favorites; violations of Cal. Penal Code §§ 242 / 243(b) (battery on a peace officer [i.e the suspect struck my fist with his chin], and Cal. Penal Code §§ 240 / 241(c) (i.e. the suspect took an aggressive stance and clinched his fists, so I punched in the face three times and knocked him out), to beat you down; psychologically, emotionally, and especially, financially. After all, if you hire a private lawyer to represent you in court, and the lawyer actually knows how to defend such bogus criminal actions (i.e. “resistance offenses”), you are going to have to shell-out thousands of dollars; to defend your honor, and to prevent the police from using a bogus conviction for a resistance offense to preclude you from being able to successfully sue them in court. So, because you had the audacity to ask the police officer what’s going on, and why he wants you to prone yourself out on the ground, you not only get “gooned” by the police, but you get criminally prosecute for “resisting / delaying / obstructing a peace officer, battery on a peace officer, or some other “resistance offense.”

Now, that you’re charged with a crime against a police officer, when you were the victim of his bad day disposition, you get it; 99.9% of allegations of battery ON a peace officer, are, in reality, battery BY a peace officer. This is not joke, and no exaggeration. The police routinely procure, or a attempt to procure, the filing of at least a misdemeanor Count of violation of Cal. Penal Code § 148(a)(1); resisting / obstructing / delaying a peace officer engaged in the lawful performance of his/her duties. Section 148(a)(1) is otherwise known in police circles as “Contempt Of Cop“; (i.e. maybe not getting on the ground fast enough, or failing to walk-over to the officer fast enough; some type of failing the attitude test), is in itself, vague, ambiguous and unintelligible. It is used every day to oppress those who voice their dissatisfaction with the police; more often than not, because of abusive and disrespectful conduct by the police.

THE COPS ARE OUT OF CONTROL.

These bogus arrests of victims for “resistance crimes” or “obstruction crimes”, has become a national phenomenon. In a nutshell, the police procurement of bogus criminal charges against the victims, in most cases in the real world, with real people who don’t have unlimited monies to muster a real criminal defense, works. It works if the cops can lie well enough in their reports, to shift the blame to you; the victim of a bully with a badge. It works if the cops can get the District Attorney’s Officer (or City Attorney’s Office or, the Attorney General’s Office), to file a criminal “obstruction offense” against you. It beats you down financially. It causes truly innocent people to plead guilty to crimes against police officers, when they were the victims; often because they can’t make bail, and they would have to spend many months locked-up in jail before their trials.

If you’re convicted of any crime against a peace officer that requires that the officer be lawfully engaged in the performance of his duties; you are often legally precluded from suing to vindicate the violation of your constitutional rights, such as the right to be free from the use of excessive force on your person. These “obstruction crimes” usually almost always include a base allegation of violation of Cal. Penal Code §148(a)(1) (resisting / obstructing / delaying peace officer), since almost any conduct or contact between a civilian and a peace officer can be creatively twisted into some sort of legally peverse claim for violation of that statute. Other “obstruction crime” favorites are battery on a peace officer, Cal. Penal Code §§ 242 / 243(b) (i.e the suspect struck my fist with his chin), Cal. Penal Code §§ 240 / 241 (i.e. the suspect took an aggressive stance and clinched his fists, so I punched in the face three times and knocked him out), Cal. Penal Code §§ 242 / 243(b), and the felony favorite if the cops really don’t like you and want you to have to spend thousands of dollars on bail; Cal. Penal Code § 69 (threat or use of force or violence to deter / prevent public officer from performing duty of office].) The legal theory of your preclusion is two-fold; 1) the doctrine of collateral estoppel, and 2) the policy decision of the Supreme Court to stick-it to you and me; the Heck v. Humphrey preclusion doctrine.

IT REALLY HAS BECOME THAT BAD; CASE EXAMPLE, THE DESERT HOT SPRINGS POLICE DEPARTMENT.

Case In Point; Desert Hot Springs PD:

In the mid-2000’s Desert Hot Springs (California) Police Department Lieutenant David Henderson used to bring two cans of pepper-spray with him during his duty shift, because one can of pepper-spray usually wasn’t enough. In order to get off of a new officer’s probationary period with Lt. Henderson and be a regular DHSPD police officer, one had to “engage”; to beat up someone; innocent or not, when no force was called for at all. They were usually handcuffed. Lt. Henderson eventually was convicted of torturing an arrestee with pepper-spray. He put red WD-40 straws on his pepper-spray cans and stuck the straw up the nose of his victim and then pull the trigger.

Lt. Henderson’s cohort, DHSPD Sgt. Anthony Sclafani was also convicted of torturing prisoners; a woman and a gangster. He stomped, pepper-sprayed and tased his victim and he ended up in federal prison. This was normal at DHSPD in the 2000’s.

DHSPD was so bad that in the Michael Sanchez in-custody death incident (a pursuit case by the Riverside County Sheriff’s Department), after the sheriff’s deputies were done beating Mr. Sanchez they watched Lt. Henderson kick a beating and handcuffed Mr. Sanchez in his testicles (“Like kicking a field goal through the uprights”), and watched Mr. Sanchez die from that kick within a minute. They did nothing about that and neither did the FBI or the Riverside County District Attorney’s Office, who both know the gory details of Mr. Sanchez’ murder in the desert by the police. This again is no joke. This really happened.

DHSPD was so bad that the department was divided into two camps; the “Meat Eaters” (used force for fun and glory) and the “Lettuce Eaters” (those who didn’t create excuses to beat and torture civilians). Two thirds of the agency were under FBI investigation.

DHSPD was once of the worst departments in the country, but the Riverside County Sheriff’s Department, the Los Angeles County Sheriff’s Department and the San Bernardino County Sheriff’s Department still to this day to not have either patrol car video recording systems, body cams, or even any policy requiring the deputies to audio record their detentions or arrests of civilians.

Other police agencies are not far behind, if at all, DHSPD.

Take the Los Angeles County Sheriff’s Department. The certainly have DHSPD beat in sheer number of total police outrages committed.

There is a “Blue Code of Silence“between and among peace officers throughout the nation, and everyone knows this. This is no startling revelation. The County of Los Angeles has itself released a report Commissioned by the Board of Supervisors, acknowledging the existence of, and actually condemning, the Sheriff’s Department’s own rogue gangs of sadistic jailers at the Los Angeles County Central Men’s

Jail. See, The Citizens Commission on Jail Violence September 28, 2012. A retired Los Angeles County Sheriff’s Department Captain reported to the Los Angeles Times, that the L.A. County Men’s Central Jail was, essentially, a torture chamber, run by these jailer gangs (tattoos of their gang symbols on their ankles and all) of sadistic sociopaths. Discipline for beatings was not existent, and torturing inmates was actually required for jailer gang initiation. See, “L.A. County sheriff’s official tells of jail brutality”, LA Times, July 7, 2012. See also, “L.A. County jail violence sheriff’s fault, panel says“, LA Times, September 28, 2012. Rival Sheriff’s Department jailer gangs even got into a rumble between the “3000 Boys” (the third floor jailers) and the “2000 Boys” (the second floor jailers)at a Sheriff’s Department Christmas party.

The Los Angeles Police Departments (LAPD’s) motto is “We’re the badest gang in town”.

A recent study of the Los Angeles Sheriffs Department (LASD) that was commissioned by the Los Angeles County Board of Supervisors (“Report of the Citizens Commission on Jail Violence“) actually found that there is a culture within the Los Angeles Sheriffs Department of various “gangs of officers”, who routinely beat, torture, maim and kill members of the jails, and of the community, for fun; for the honor of the gang. Everybody is a scumbag, and have no rights.

One of those gangs was “the Vikings”, whose “colors” was the Minnesota Vikings Football Team log
tattooed on their lower legs. The Former Undersheriff, Paul Tanaka, was a Viking gang member when he was a Captain at the Lynwood Sheriff’s Station. The Vikings were found by United States District Judge Jesse Curits to be a Neo-Nazi / White Supremacist gang within the ranks of the Los Angles County Sheriff’s Department; See, Thomas v. County of Los Angeles, et al; 978 F.2d 504 (1992).

Some of the LASD gangs of these gangster deputies are: The 3000 Club (the deputies who worked the third floor of the L.A. County Men’s Central Jail), The Grim Reapers, The Little Devils, The Regulators, The Vikings and The Jump Off Boys.

Out Boys. After the FBI had announced that it had infiltrated the Los Angeles County jail and can now prove that the LASD Men’s Jail was essentially a torture chamber, with gangs of sick and sadistic guards, Paul Tanaka still showed his grit, as an LASD “gansta”, by addressing the command staff of the sheriff’s department, about the LASD internal affairs bureau. He mentioned that their were 45 LASD Internal Affairs Bureau investigators, and that was 44 too many (you’re got to have at least one to have a bureau.)

In 2014, six LASD Deputy Sheriffs were convicted of obstructing the FBI’s investigation of the torturing of prisoners at the Los Angeles County Jails. That’s not the end of it. Former LASD Deputy Sheriff Noel Womack pleaded guilty in June of 2015 to federal charges of lying to the FBI about systemic LASD torturing and framing of inmates at the Los Angeles County Jails.

On May 13, 2015 former Los Angeles County Sheriff’s Department Undersheriff Paul Tanaka, along with a retired LASD Captain, were indicted on May 13, 2015 by a federal Grand Jury for Obstructing and Conspiring to Obstruct a federal Grand Jury investigation of the rampant torturing of inmates at the Los Angeles County Jail (See, Paul Tanaka Indictment of May 13, 2015.) Those Indictments also resulted in the resignation of Los Angeles County Sheriff Lee Baca, as Tanaka implicated Baca as having approved the LASD scheme to thwart the FBI investigation of tortures, beatings and murders of inmates by deputies at the L.A. County Jails.

On February 10, 2016, former Los Angeles County Sheriff Lee Baca pleaded guilty to violation of 18 U.S.C. § 1001(a)(2); lying to FBI agents and federal prosecutors investigating the beatings of inmates and visitors at the Los Angeles County Jails. As part of a surprise plea deal with the U.S. attorney’s office, Sheriff Baca admitted that he took an active role in trying to stymie the federal probe into his deputies routinely beating and torturing inmates at the Los Angeles County Jails and in having his deputies hide an FBI informant – jail inmate from his FBI handlers. He admitted even approving a team of his deputy sheriff’s attempting to interfere with the government’s investigation by threatening an FBI agent at her home with arrest.

Thereafter, on April 6, 2016, former LASD Undersheriff was convicted by a jury of violation of 18 U.S.C. § 371 (conspiring to obstruct justice) and 18 U.S.C. § 1503(a) (obstructing justice), for not only obstructing an FBI investigation into years of beatings and torturing of inmates at the L.A. County Jail, but also Tanaka and other high ranking Sheriff’s Department officials threatening one of the FBI agents involved in that investigation, with arrest for continuing that investigation. In his trial, Tanaka admitted that he still had the Minnesota Vikings Logo tattoo on his leg; a tattoo that he described as a member in a club; the “Vikings”; a tatoo that the federal courts have held is the gang taoo for a “neo-Nazi white supremacists gang within the Los Angeles County Sheriff’s Department. See, Thomas v. County of Los Angeles, 978 F.2d 504 (1992).

Thereafter, on July 18, 2016, United States District Judge Percy Anderson threw out a plea agreement that would have given former Los Angeles County Sheriff Lee Baca a maximum of six months in prison, saying the sentence was too lenient considering Baca’s role in obstructing an FBI investigation into the county jails. Addressing a downtown courtroom packed with Baca’s supporters, U.S. District Court Judge Percy Anderson said the deal “would trivialize the seriousness of the offenses … the need for a just punishment [and] the need to deter others.”

On December 19, 2016 a mistrial was declared in that federal criminal corruption case against Sheriff Lee Baca. During the two-week trial, prosecutors from the U.S. attorney’s office tried to convince jurors that Baca had played a central role in a scheme carried out by a group of subordinates to thwart an FBI investigation into abuses and corruption by sheriff’s deputies working as jailers. Baca’s lawyers countered he had been unaware of the ploy unfolding beneath him. The panel deliberated for days, with all but one of the 12 jurors ultimately voting to acquit Baca. After the panel announced it was deadlocked, Anderson declared the mistrial.

On January 10, 2017, federal prosecutors announced that they would retry Sheriff Baca. Judge Percy Anderson also granted a request by the U.S. attorney’s office to allow prosecutors to include the charge of making false statements to federal authorities in the retrial. U.S. District Judge Percy Anderson previously split that charge from the obstruction and conspiracy charges Baca faced at his first trial.

On March 16, 2017 Sheriff Lee Baca was convicted for his role in a scheme to block an FBI investigation into mistreatment of inmates in his jails.

One might think, why are these cops acting like Nazis; literally, not metaphorically? Why is this allowed to persist? Things have gotten so bad at the LASD that now the United States Department of Justice Indicted 18 LASD Deputy Sheriffs and their Supervisors on charges ranging from Obstruction of Justice and torturing prisoners.

Nonetheless, the body politic tolerates the existence, and the perpetuation of an ongoing unwritten agreement among and between peace officers, to falsely report, and, if necessary, to thereafter conspire with officers who they may not yet even know, to falsely testify, about event(s), if the potential or apparent criminal, administrative and civil liability of a fellow officer is at stake. After all, in the primary category of cases that truly are “false arrests” in the most malevolent sense of the word, “Contempt of Cop cases”, the only reason that there’s an arrest of a civilian at all, is because the Constable has violated another (i.e. beaten-up / torture); usually to self-medicate rather frail and easily bruise-able egos.

POLICE BRUTALITY, FALSE ARRESTS AND MALICIOUS CRIMINAL PROSECUTIONS.

Wrongful police beatings, accompanied by their sister “false arrests”, are a common and every day occurrence. These beating / arrests are no longer limited to persons of color. Soccer Moms, airline pilots and school teachers, beware: because of the great (and ever expanding) powers being given to police officers by the Supreme Court, described below, in a very real way, you no longer have the right to question, protest or challenge police actions, since to do so usually results in your being physically abused and falsely arrested on trumped of charges of essentially, “Contempt Of Cop”; (i.e. maybe not getting on the ground fast enough, or failing to walk-over to the officer fast enough; some type of failing the attitude test.) These beatings of innocent by police officers is rampant and condoned and defended by the command structure of most, if not all, modern police agencies. See, Orange County Sheriff’s Department police torture videos, and other police beating videos throughout the Country. There is a “Blue Code of Silence” between and among peace officers throughout the nation, and everyone knows this. This is no startling revelation. The County of Los Angeles has itself released a public document, acknowledging the existence of, and actually condemning, the Sheriff’s Department’s own rogue gangs of sadistic jailers at the Los Angeles County Central Men’s Jail. See, The Citizens Commission on Jail Violence September 28, 2012.

IN CALIFORNIA, A POLICE OFFICER CAN BEAT-UP OR MURDER ANYONE THAT THEY WANT TO, ANY TIME THAT THEY WANT TO, WHILE ON-DUTY.

The use of unreasonable and unlawful force in America is so rampant, that in these modern times, at least in California, a police officer can murder anyone that they want to, any time that they want to. Juries are very reluctant to convict police officers for any sort of duty related actions, such as shooting civilians. In 2010, the Los Angeles County Sheriff’s Department Shot 15 Unarmed People To Death – “Perception Shootings”. See p. 56 of the Los Angeles County Sheriff’s Department 30th Semi-Annual Report to the Los Angeles County Board of Supervisors.

All that the police officers need to say is the they were afraid for their lives because their shooting victim had his hands in his pockets, or that his hands were under his body and wouldn’t show them to the officer, or that he was reaching for his waistband area. The modern police line is that if an officer either can’t see your hands or if you reach for you waist or pockets, that it’s okay to shoot the person. This is no joke. None of the shootings of the fifteen unarmed people who were shot to death by the LA Sheriff’s Department in 2010 were found by the department to have violated department policy. Moreover, none of those deputies were criminally prosecuted for those shootings; even when witnesses have come forward and disputed the deputies’ claims as to what happened.

These homicides by police officer aren’t just limited to shootings. For example, on January 13, 2014, an Orange County, California, Superior Court jury acquitted two Fullerton Police Department officers of murdering / using unreasonable force on the mentally-ill son of a former Orange County Sheriff’s Department Deputy Sheriff; Kelly Thomas. The beating death was audio and video recorded, and no reasonable human being could have believed that the beating death was justified. The video recording shows two sadistic police officers, beat Kelly Thomas to death. However, the defense was able to show the jury two prior incidents that made the jury simply not care that Kelly Thomas was wrongfully beat to death; the testimony about his having previous struck his grandfather, and testimony about his mother obtaining a restraining order against him. Remember, this was a mentally ill young man, who had his moments. They were able to do this, because California Evidence Code Section 1103 permits a criminal defendants to show the character of the alleged victim of their crime, to prove that the victim has a certain character, and that the victim acted in conformity with that character during the incident complained of; the one that the criminal defendant is being prosecuted for.

The Los Angeles Police Departments (LAPD’s) motto is: Were the badest gang in town. One might think, why are these cops acting like Nazis? Why is this allowed to persist?

Nonetheless, the body politic tolerates the existence, and the perpetuation of an ongoing unwritten agreement among and between peace officers, to falsely report, and, if necessary, to thereafter conspire with officers who they may not yet even know, to falsely testify, about event(s), if the potential or apparent criminal, administrative and civil liability of a fellow officer is at stake. After all, in the primary category of cases that truly are “false arrests” in the most malevolent sense of the word, “Contempt of Cop cases“, the only reason that there’s an arrest of a civilian at all, is because the police officer has beaten-up / tortured another; usually to self-medicate rather their frail and easily bruise-able egos. If you’re reading this article, the odds are, that either you or a loved one or friend has been beaten-up by the police and are being criminally prosecuted for allegedly battering the officer or somehow “resisting” the officer.

Orange County, California had a Sheriff’s Department that was run by creepy Sheriff Mike Carona, who is presently in federal prison for witness tampering (instructing witness to lie to Grand Jury.) Until Sheriff Carona went to prison, Orange County was a fantasy assignment for those truly sadistic peace officers, who “get-off” on beating inmates and arrestees.

Modern police agencies are afraid of losing their “power” in, and over, a community. That “power” base (i.e. ability to influence the politicians and the public), is based in large part, on the public “supporting the police”. That popular support is based upon a belief by the body politic, that: 1) police officers are well trained and know and respect your Constitutional rights, 2) they’re basically honest, 3) that only a small percentage of them would commit perjury, 4) that the force that the police use on people is almost always justified (if not legally, then morally), and 5) that the police are capable of policing themselves. Although none of these beliefs are accurate, one cannot ignore the belief system of the majority of the white / affluent American populace, in understanding why police officers routinely, and without a second thought, falsely arrest civilians, and commit other outrages against innocents.

LEGALLY, WHAT IS EXCESSIVE / UNREASONABLE FORCE?

Prior to 1989, the federal courts looked to the substantive due process clause of the Fourteenth Amendment to the Constitution to “pigeon hole” claims of excessive force by a peace officer against civilians. See, Johnson v. Glick, 481 F.2d 1028 (2nd Cir. 1973.) That standard was that the conduct of the police officer had to be “shocking to the conscience”; the standard still used for those uses of force by a police officer that don’t involve efforts by police to use force against civilians to seize them, such as arresting or detaining civilians. Johnson v. Glick involved the use of force by prison guards against a convict; not either a free civilian that an officer is trying to “seize” (detain or arrest), or a “pre-trial detainee“; someone who has already been “seized” (i.e. arrested, and in the County Jail; awaiting arraignment, other pre-trial proceedings, or trial.)

However, when it comes to a police officer using force to arrest or detain another, the standard for the use of force is decreed by the Supreme Court, to emanate out of the Fourth Amendment’s prohibition against unreasonable searches and seizures.

The Fourth Amendment to the United States Constitution provides:

“Amendment IV.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Thus, the Fourth Amendment’s prohibition against unreasonable searches and seizures is, since 1989, the legal standard by which to judge whether a police officer used excessive force when seizing a civilian.

What Is Excessive / Unreasonable Force?

The United States Supreme Court has defined “Excessive Force”as follows:

“Where, as here, the excessive force claim arises in the context of an arrest or investigatory stop of a free citizen, it is most properly characterized as one invoking the protections of the Fourth Amendment, which guarantees citizens the right “to be secure in their persons . . . against unreasonable . . . seizures” of the person . . . . . . . Determining whether the force used to effect a particular seizure is “reasonable” under the Fourth Amendment requires a careful balancing of ” ‘the nature and quality of the intrusion on the individual’s Fourth Amendment interests’ ” against the countervailing governmental interests at stake. Id., at 8, 105 S.Ct., at 1699, quoting United States v. Place, 462 U.S. 696, 703, 103 S.Ct. 2637, 2642, 77 L.Ed.2d 110 (1983). Our Fourth Amendment jurisprudence has long recognized that the right to make an arrest or investigatory stop necessarily carries with it the right to use some degree of physical coercion or threat thereof to effect it. See Terry v. Ohio, 392 U.S., at 22-27, 88 S.Ct., at 1880-1883. Because “the test of reasonableness under the Fourth Amendment is not capable of precise definition or mecha ical application,” Bell v. Wolfish, 441 U.S. 520, 559, 99 S.Ct. 1861, 1884, 60 L.Ed.2d 447 (1979), however, its proper application requires careful attention to the facts and circumstances of each particular case, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether he is actively resisting arrest or attempting to evade arrest by flight. See Tennessee v. Garner, 471 U.S., at 8-9, 105 S.Ct., at 1699-1700 (the question is “whether the totality of the circumstances justifies a particular sort of . . . seizure”).” (See, Graham v. Connor, 490 U.S. 386 (1989.))

“The “reasonableness” of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight. See Terry v. Ohio, supra, 392 U.S., at 20-22, 88 S.Ct., at 1879-1881. The Fourth Amendment is not violated by an arrest based on probable cause, even though the wrong person is arrested, Hill v. California, 401 U.S. 797, 91 S.Ct. 1106, 28 L.Ed.2d 484 (1971), nor by the mistaken execution of a valid search warrant on the wrong premises, Maryland v. Garrison, 480 U.S. 79, 107 S.Ct. 1013, 94 L.Ed.2d 72 (1987). With respect to a claim of excessive force, the same standard of reasonableness at the moment applies: “Not every push or shove, even if it may later seem unnecessary in the peace of a judge’s chambers,” Johnson v. Glick, 481 F.2d, at 1033, violates the Fourth Amendment. The calculus of reasonableness must embody allowance for the fact that police officers are often forced to make split-second judgments in circumstances that are tense, uncertain, and rapidly evolving about the amount of force that is necessary in a particular situation.

As in other Fourth Amendment contexts, however, the “reasonableness” inquiry in an excessive force case is an objective one: the question is whether the officers’ actions are “objectively reasonable” in light of the facts and circumstances confronting them, without regard to their underlying intent or motivation. See, Scott v. United States, 436 U.S. 128, 137-139, 98 S.Ct. 1717, 1723-1724, 56 L.Ed.2d 168 (1978); See also, Terry v. Ohio, supra, 392 U.S., at 21, 88 S.Ct., at 1879 (in analyzing the reasonableness of a particular search or seizure, “it is imperative that the facts be judged against an objective standard”). An officer’s evil intentions will not make a Fourth Amendment violation out of an objectively reasonable use of force; nor will an officer’s good intentions make an objectively unreasonable use of force constitutional. See, Scott v. United States,supra, 436 U.S., at 138, 98 S.Ct., at 1723, citing United States v. Robinson, 414 U.S. 218, 94 S.Ct. 467, 38 L.Ed.2d 427 (1973).

In Graham, we held that claims of excessive force in the context of arrests or investigatory stops should be analyzed under the Fourth Amendment‘s objective reasonableness standard, not under substantive due process principles. 490 U.S., at 388, 394. Because police officers are often forced to make split-second judgments in circumstances that are tense, uncertain, and rapidly evolving about the amount of force that is necessary in a particular situation, id., at 397, the reasonableness of the officers belief as to the appropriate level of force should be judged from that on-scene perspective. Id., at 396. We set out a test that cautioned against the 20/20 vision of hindsight in favor of deference to the judgment of reasonable officers on the scene. Id., at 393, 396. Graham sets forth a list of factors relevant to the merits of the constitutional excessive force claim, requir[ing] careful attention to the facts and circumstances of each particular case, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether he is actively resisting arrest or attempting to evade arrest by flight. Id., at 396. If an officer reasonably, but mistakenly, believed that a suspect was likely to fight back, for instance, the officer would be justified in using more force than in fact was needed. (See, Saucierv. Katz, 533 U.S. 194 (2001), Kennedy, J.)

The federal courts have reduced all of this legal gobbledygook to jury instructions, that, supposedly, a person of regular intelligence can understand. The Ninth Circuit Court of Appeals Jury Instruction for excessive force instructs the jury:

“Ninth Circuit Model Civil Jury Instructions

9.22 PARTICULAR RIGHTS—FOURTH AMENDMENT—UNREASONABLE SEIZURE OF PERSON—EXCESSIVE (DEADLY AND NONDEADLY) FORCE

In general, a seizure of a person is unreasonable under the Fourth Amendment if a police officer uses excessive force [in making a lawful arrest] [and] [or] [in defending [himself] [herself] [others]. Thus, in order to prove an unreasonable seizure in this case, the plaintiff must prove by a preponderance of the evidence that the officer[s] used excessive force when [insert factual basis of claim].

Under the Fourth Amendment, a police officer may only use such force as is “objectively reasonable” under all of the circumstances. In other words, you must judge the reasonableness of a particular use of force from the perspective of a reasonable officer on the scene and not with the 20/20 vision of hindsight.

In determining whether the officer[s] used excessive force in this case, consider all of the circumstances known to the officer[s] on the scene, including;

1) The severity of the crime or other circumstances to which the officer[s] [was] [were] responding;

2) Whether the plaintiff posed an immediate threat to the safety of the officer[s] or to other;

3) Whether the plaintiff was actively resisting arrest or attempting to evade arrest by flight;

4) The amount of time and any changing circumstances during which the officer had to determine the type and amount of force that appeared to be necessary;

5) The type and amount of force used;

6) The availability of alternative methods [to take the plaintiff into custody] [to subdue the plaintiff;]

7) Other factors particular to the case.]“

THE PROBLEM WITH GRAHAM’S “REASONABLE OFFICER STANDARD” IN THE REAL WORLD – THE WATCHMAN GETS TO MAKE HIS OWN RULES THAT REGULATE HIS OWN CONDUCT.

When asked about a 1974 Papal Encyclical by Pope Paul VI, condemning the use of contraception, former Secretary of Agriculture Earl Butz stated: “He don’t play-a-da game; he don’t make-a-da rules.” In the police profession, they do play that “game”, and now they get to “make-a-da rules.” The problem with the description of how “excessive force” is defined, is not the Supreme Court’s strong emphasis on the officer’s conduct being based on an “objective” standard; they hypothetical reasonable officer in the abstract. The problem is, that the standards in the police profession for what is “reasonable” or otherwise proper police conduct in a given situation, are generally neither the creature of legislation (i.e. state law requiring the audio recording of custodial police interrogations) nor the product of any judicially created mandate, duty, or prohibition (i.e. Constitutional limits on conduct and judicially created “exclusionary rule”.) The conduct of “the objectively reasonable officer”; that standard that the Supreme Court attempted to describe in Graham v. O’Connor and Saucier v. Katz, is created by the very persons whose conduct the Fourth Amendment is supposed to impose limits on. Thus, in a very real sense, the Supreme Court has set the standard (“objectively reasonable officer”) that the Fourth Amendment requires, but has delegated the details of what’s reasonable or not, to the police.

It’s letting the regulated enact their own regulations. It’s like letting the local power company, set the rate of profit that they should make; set the formula for how the amount of profit is determined; set how much they can spend on public relations (since they’re a monopoly), and how, when, by whom and in what manner, they should be inspected, what they can and can’t do in their industry, and every other aspect of the business. If they want to all use tasers on civilians, then that’s reasonable. If they all want to pepper-spray persons because their hands in their pockets, then that’s reasonable. If they want to prone-out everyone at gun point that they detain, then that’s reasonable. At the end of the day, in the real world police world, if the technique, method, procedure, policy or practice reduces the danger level to the officer, you can bet that, eventually, they will find a way to justify such technique, method, procedure, policy or practice , and make such otherwise unreasonable behavior, “reasonable”, for no other reason than the police would prefer to act that way; Constitutional or not. You see the problem. The police have an old slogan: “It’s better to be judged by 12, then carried by 6.” It’s another way of saying, I’ll act in a way that is in my self interest; not yours, and if I happen to trample your Constitutional rights, so be it. My insuring my safety from any potential threat trumps any annoying Constitutional rights of yours.

THE PROBLEM OF QUALIFIED IMMUNITY, COMPOUNDS THE PROBLEM CREATED BY GRAHAM

In a nutshell, the Qualified Immunity is an immunity from a lawsuit (from being sued at all) for violation of a civilian’s Constitutional rights, when those rights were actually violated, but a reasonably well trained police officer could have believed that his conduct did not constitute a Constitutional violation. So, even if the police officer actually violated your Constitutional Rights, he/she may be immune from suit, because the law was not clearly established enough at the time of the violation, to hold a police officer liable for his conduct. This is a doctrine “contrived” by the conservative members of the Supreme Court (since 1981), to ensure that you can’t do anything about (or at least do a whole lot less about) your Constitutional Rights being trampled by the government.

The Perversion, Ad Nauseam, Of The Qualified Immunity Doctrine, To Protect Peace Officers From Civil Liability; “Reasonably Acting Unreasonably”

So, for example, if the police come-up with a whole new technique to restrain people, such as a with a taser, or pepper-spray, or pepper-balls, or water-balls, or hobbling (police hog tying), or a shock-belting, or stun-gunning, the officer may very well be entitled to qualified immunity from being sued for the misuse of any of the above-mentioned devices; not because its “reasonable”, but because the police just use those devices in such manners; thereby giving the Courts an excused to relieve the police officer from liability for the damage caused by his violation of the Constitutional Rights of civilians:

“Qualified immunity is an entitlement not to stand trial or face the other burdens of litigation. Saucier v. Katz,533U.S. 194, 200 (2001) (quoting Mitchell v. Forsyth, 472 U.S. 511, 526 (1985)) . . . Accordingly, we must resolve imm

unity questions at the earliest possible stage in litigation. Pearson, 129, S.Ct.at 815.

An officer will be denied qualified immunity in a 1983 action only if (1) the facts alleged, taken in the light most favorable to the party asserting injury, show that the officers conduct violated a constitutional right, and (2) the right at issue was clearly established at the time of the incident such that a reasonable officer would have understood her conduct to be unlawful in that situation. Saucier, 533 at 201-02; Liberal v. Estrada, 632 F.3d 1064, 1076 (9th Cir. 2011.) To assist the development of constitutional precedent, we exercise our sound discretion to follow Saucier’s conventional two-step procedure and address first whether the Torres Family has alleged the violation of a constitutional right. See, Pearson, 129 S.Ct. at 818.

The qualified immunity analysis involves two separate steps. First, the court determines whether the facts show the officers conduct violated a constitutional right. Saucier v. Katz, 533 U.S. 194, 201 (2001.) If the alleged violate a constitutional right, then the defendants are entitled to immunity and the claim must be dismissed. However, if the alleged conduct did violate such a right, then the court must determine whether the right was clearly established at the time of the alleged unlawful action. Id.

A right is clearly established if a reasonable official would understand that what he is doing violates that right. Id., at 202. If the right is not clearly established, then the officer is entitled to qualified immunity. While the order in which these questions are addressed is left to the courts sound discretion, it is often beneficial to perform the analysis in the sequence outlined above. Pearson v. Callahan, 129 S.Ct. 808, 818 (2009.) Of course, where a claim of qualified immunity is to be denied, both questions must be answered.

When determining whether there are any genuine issues of material fact at the summary judgment stage, the court must take all facts in the light most favorable to the non-moving party. In the context of qualified immunity, determinations that turn on questions of law, such as whether the officers had probable cause or reasonable suspicion to support their actions, are appropriately decided by the court. Act Up!/Portland v. Bagley, 988 F.2d 868, 873 (9th Cir. 1993.)

However, a trial court should not grant summary judgment when there is a genuine dispute as to the facts and circumstances within an officers knowledge or what the officer and claimant did or failed to do. Id. (Saucier v. Katz, supra.)”

QUALIFIED IMMUNITY IS A SELF-FULFILLING POLICY; THE COURT’S DON’T PROVIDE EITHER REASONABLY DISCERNIBLE GUIDELINES, OR CLEAR BORDER TYPE RULINGS.

The problem with the description of how “excessive force” is defined, is not the Supreme Courts strong emphasis on the officers conduct being based on an objective standard; the hypothetical reasonable officer in the abstract. The problem is, that the standards in the police profession for what is reasonable or otherwise proper police conduct in a given situation, are generally neither the creature of legislation (i.e. state law requiring the audio recording of custodial police interrogations) nor the product of any judicially created mandate, duty, or prohibition (i.e. Constitutional limits on police conduct, such as the judicially created exclusionary rule.) The conduct of the objectively reasonable officer; that standard that the Supreme Court attempted to describe in Graham v. Connor and Saucier v. Katz, is created by the very persons whose conduct the Fourth Amendment is supposed to impose limits on. Thus, in a very real sense, the Supreme Court has set the standard (objectively reasonable officer) that the Fourth Amendment requires, but has delegated the details of what’s reasonable or not, to the police.

This is quite problematic, as the Bill of Rights was created for the Courts to protect us from the police / government, so when the police define “what’s reasonable force”, in a very real way, the Fourth Amendment to the United States Constitution, one of those rights in the Bill of Rights, is defined by the police, rather than the Courts. There are cases where the Courts will step-in and ban a particular police practice, but those cases are far and few between, and when the Courts do so, they often create more of legal mess than existed before such judicial intervention. See, for example, the trilogy of Ninth Circuit Court of Appeals taser cases.

In the Ninth Circuit’s first taser case, Bryan v. McPherson(9th Cir. 09), the Ninth Circuit Court of Appeals held that using a taser on a man in his underwear who was 20 feet away and merely verbally going-off on the police officers, was so obviously unlawful, that no reasonably well trained police officer could have believed that it was constitutional to tase the man.

Two weeks later, in Mattos v. Argarano (9th Cir. 1/12/10), another three judge panel of the Ninth Circuit Court of Appeals held that the police tasing of a domestic violence victim did not constitute unreasonable force, since the police were trying to grab the her husband, and she happened to just be between the man and the police. The Mattos court held that their decision didn’t conflict with the Bryan v. McPherson (9th Circuit 12/28/09), because the use of the taser in that case was so obviously unreasonable, that the defendant police officers would not be entitled to qualified immunity from suit.

Thereafter, two and one-half months later in Brooks v. City of Seattle (9th Cir. March 26, 2010), the Ninth Circuit held that it didn’t constitute the use of unreasonable force for a police officer to tase a pregnant woman three times in her neck to get her out of her car. Having now painted themselves into a corner, the Ninth Circuit decided to grant “en banc review” of all three 2010 taser cases; one en banc panel of judges decided the rehearings of the Mattos v. Argarano and Brooks v. City of Seattle cases, and one en banc panel reheard the Bryan case. The results were almost as confounding, as were the original wrongly decided decisions. In the Mattos and Brooks cases, the Ninth Circuit held that although the defendant police officers did violate the plaintiffs’ Constitutional right to be free from the use of unreasonable force upon their persons (i.e. the tasers), that the officers were nonetheless entitled to qualified immunity from suit, because the law on the use of tasers was not clearly established at the time of the Constitutional violations:

“We now hold that, although Plaintiffs in both cases have alleged constitutional violations, the officer Defendants are entitled to qualified immunity on Plaintiffs 1983 claims because the law was not clearly established at the time of the incidents.”

In the rehearing on the Bryan v. McPherson case, the Ninth Circuit reversed themselves, and awarded qualified immunity to the defendant officers; also because the law regarding the use of tasers was not clearly established at the time of the Constitutional violations:

“Officer MacPherson appeals the denial of his motion for summary judgment based on qualified immunity. We affirm the district court in part because, viewing the circumstances in the light most favorable to Bryan, Officer MacPhersons use of the taser was unconstitutionally excessive. However, we reverse in part because the violation of Bryans constitutional rights was not clearly established at the time that Officer MacPherson fired his taser at Bryan on July 24, 2005.”

WHY THE POLICE CRIMINALLY PROSECUTE THEIR VICTIMS; THE ROOT OF MOST FALSE ARRESTS.

Unfortunately, because of institutional pressures (i.e. “ratting out fellow officer not a good career move), and the obvious political and practical consequences of not backing-up the their fellow officers, the norm in todays police profession, is for peace officers to falsely arrest their “victims”, and to author false police reports to procure the bogus criminal prosecutions (i.e. to literally “frame” others) of those civilians whose Constitutional rights and basic human dignity have been violated; to justify what they did, and to act in conformity with that justification. The excessive force victims get criminally prosecuted, for crimes that they didn’t commit; usually for crimes such as “Resisting / obstructing / delaying a peace officer in the lawful performance of their duties (Cal. Penal Code § 148(a)(1)), assault on a peace officer (Cal. Penal Code § 240 / 241), “battery on a peace officer (Cal. Penal Code § 242 / 243(b); which is almost always, in reality, battery by a peace officer; otherwise known as “Excessive Force” or “Unreasonable Force”),and resisting officer with actual or threat of violence (Cal. Penal Code § 69.) Section 69 is a “wobbler” under California law; a crime that the government can charge as either a misdemeanor or a felony. This charge is usually reserved for cases in which the police use substantial force on the innocent arrestee (the real “victim”), and need to falsely claim more violent / serious conduct by the “victim” to justify their outrages.

So, for example, the crime of “battery on a peace officer” (Cal. Penal Code § 242 / 243(b)), is almost always, in reality, “battery by a peace officer”; otherwise known as “Excessive Force”; an “unreasonable seizure” of a person under the Fourth Amendment to the United States Constitution (See, Graham v. Connor, 490 U.S. 386 (1989).)

If you have been the victim of Excessive Force by a police officer, please check our Section, above, entitled: “What To Do If You Have Been Beaten-Up Or False Arrested By The Police“. Also, please click on “Home“, above, or the other pages shown, for the information or assistance that we can provide for you. If you need to speak with a lawyer about your particular legal situation, please call the Law Offices of Jerry L. Steering for a free telephone consultation.

Thank you, and best of luck, whatever your needs.

Jerry L. Steering, Esq.

Zion v. County of Orange, United States Court of Appeals for the Ninth Circuit. Mr. Steering successfully argued that although the police may have the right to terminate the threat that a person may pose to them, that it did not follow that the police also had a right to summarily execute a suspect once the suspect no longer appears to pose a threat to anyone. See, Zion v. County of Orange, No. 15-56705 (9th Cir. 2017). United States District Judge James V. Selna that he did not believe any of the deputy’s conduct constituted a constitutional violation. Judge Selna ruled That that Constitution did not prohibit a police officer from standing over an obviously incapacitated suspect that the deputy had just shot at nine times from 10 feet away, shooting him 9 more times, and them stomping his head three separate times until the suspect stopped breathing (See, Jerry L. Steering’s oral argument to the Ninth Circuit Court of Appeals of June 6, 2017).

The night before Connor Zion died he had a nightmare that shook him and scared his roommate. He drempt that he was shot to death by a police officer.Connor Zion had been experiencing multiple seizures and his seizure condition caused him to become psychotic. His roommate called his Mom in Seattle, who immediately drove to the airport and was with Connor in Laguna Niguel, California within six hours from the call from the roommate.

When him Mom showed up Connor Zion became extremely paranoid. He grabbed a kitchen knife and his mother and his roommate tried to take the knife from him; both of them being cut in the process. Connor then fled his Laguna Niguel condo and his mother called the police for help. Deputies Higgins and Lopez arrived at the scene of a call for service of a man with a knife.

While Deputy Lopez was exiting his patrol car the young man run out of the shadows at him with a knife and as Deputy Lopez fell backwards, he kept the young man back, but close enough to stab the deputy’s arms, which he did. Deputy Higgins arrived right behind Deputy Lopez, saw him getting stabbed and shot the young man nine times; causing him to fell to the sidewalk. Then, while standing over the now severely injured and helpless young man, Deputy Higgins shot another nine bullets in the young man. That wasn’t enough for Deputy Higgins. Higgins proceeded to stomp the young man’s head three times until the young man stop breathing.

The Ninth Circuit Court of Appeals held that Deputy Higgins had the right to terminate the threat, but not the person; making an important new pronouncement about the limits of police officers’ right to kill others. See, Zion v. County of Orange, Ninth Circuit Court of Appeals, Case Number 15-56705 (November 1, 2017). See also, “Deputy can be sued for excessive force for shooting a suspect and then stomping on his head”, OC Register, November 2, 2017 and “Deputy who shot, stomped a downed suspect can be sued for excessive force, LA Times, November 1, 2017.

Sharp v. County of Orange, et al.; Ninth Circuit Court of Appeals (Published Opinion) holding among other things that unlike a search warrant, an arrest warrant generally does not allow the officers executing it to detain others. This is the most important Fourth Amendment search and seizure pro-citizen case to come out of the Ninth Circuit in a long time. Prior to this case, police officers and agencies across the Western States would routinely detain others during the execution of arrest warrants and probation and parole searches. This case makes a great statement and a long needed one; that other than during the execution of a search warrant at a private residence, police officers may not routinely detain others present.

Sharp v. City of Garden Grove, OC Superior Court (2000). Mr. Steering obtained a $1,110,000.00 jury verdict against Garden Grove Police Department officers, along with a CHP officer and state parole agents, for the warrantless search of the body shop that was owned by the parolee’s father, and where the parolee worked when he wasn’t in prison. The parole department had denied GGPD Narcotics Bureau permission to do a “parole search” of the plaintiff father’s body shop, as they had no authority to do so.

Parole agents can’t do (or authorize others to do) warrantless “parole searches” of places where parolees are employed. Imagine a parolee getting a job as a mechanic at Pep Boys. Could state parole agents and police officers do a parole search of Pep Boys? Of Course Not. State parole knew this, and they told GGPD Narcotics the same. However, GGPD Narcotics decided to use the pretext of a parole search, to do a full blown search of Sharp Auto body.

After several failed parole test drug tests by the son / parolee, his Parole Agent was getting more anxious to violate the son / parolee’s parole. So, the geniuses at the GGPD, the CHP and state parole (both members of OCATT; OC Auto-Theft task force.) They stormed into the body shop with SWAT / raid type gear, rifles and pistols blazing, ran-up from behind Mr. Sharp and pointed a shotgun at him. Then the cuffed-him (still at gunpoint) and made him get down onto the cement floor of his shop, with his hands cuffed behind him. One might imagine that this might result in knee injury to a 59 year old man, and one would be right. However, Mr. Sharp treated his own condition with health food supplements (Glucosamine Chondroitin). The constables then ransacked the body shop, with Mr. Sharp still cuffed, lying on the floor of his shop, with the neighboring businesses wondering why their business neighbor, who they always knew as a kind and generous man, was being treated like some despicable sub-human type, and in such a degrading and humiliating manner.

In addition to first claiming the the officers warrantless invasion of the shop and the seizure of Mr. Sharp (something ultimately rejected by the court) the cops also claimed that the search was justified as a warrantless search for stolen vehicle parts pursuant to Cal. Veh. Code § 2805; a real stretch (body shops don’t call in VIN numbers on cars brought in for repair. They are also neither U.S. Customs, nor the police. They’re not buying the car; they’re just fixing it.)

The OC Superior Court jury awarded Mr. Sharp $1,010,000.00 (ten thousand dollars of which was for punitive damages against the most culpable parole agent.) They didn’t believe the police; probably because they lied through their teeth, and finally violated someone who was just like one of them; the OC jurors (i.e. white, businessman with a trade, married High School sweetheart, enlisted in United States Marines, no criminal record, wife blond and very nice.) The GGPD officer who lead the raid on the body shop is now a Captain at GGPD.

Butano v. County of Orange, et al.; U.S. Dist. Court, Central District of California (Santa Ana) (2013); $727,500.00 for false arrest and unreasonable force. After the neighbors called the OC Sheriff’s Department on Ms. Butano’s boyfriend for threatening the gardeners next door for making too much noise, the deputies arrested the boyfriend and proceeded to tackle and thump Nancy Butano for telling the deputies that she was on an important business call and that she would be with them (at her front door) in a minute. She was arrested for “resisting / delaying a peace officer”, her infant children were taken to juvenile hall, and she was required to post bail even though she was arrested for a book and release on citation misdemeanor. See, To Save Nancy Butano, Who Didn’t Call 911, Sheriff’s Deputies Attacked Her in Her Home, OC Weekly, May 31, 2012. See also, County pays $727,500 to settle civil rights lawsuit, OC Register, January 21, 2014. 

In the course of that proceeding it was discovered that the OC Jail had an institutional and unconstitutional policy of requiring misdemeanor arrestees to post bail to be released from jail. United States District Judge Carmac J. Carney held that OC Sheriff’s Department’s policy of requiring resistance offense arrestees constituted a First Amendment – Free Speech violation as these resistance offenses are usually arrests for verbal protest of police orders or actions. In this case, Nancy Butano was arrested for the default crime that police officers in California arrest innocents who somehow challenge police actions or authority; Cal. Penal Code Section 148(a)(1); resisting / obstructing / delaying peace officer; See, Cal. Penal Code Section 148(a)(1) – The Boot Of The Police State.

Baima v. County of Orange, et al; U.S. District Court, Central District of California (Santa Ana)(2003); obtained $208,000.00 for false arrest / unreasonable force. A deputy sheriff forgot to turn off his microphone and Deputy George Kluchonic and (now) Sgt. James Fouste tortured, falsely arrested and attempted to frame Cory Baima. Then a 19 year old man, Cory Baima’s grandmother had called the police on him for playing his video games too loudly. Sgt. Fouste authored a false police report to attempt to frame Mr. Baima, and is still a Sergeant with the OC Sheriff’s Department. George Kluchonic was criminally prosecuted for soliciting the destruction of his patrol video system video recording and was forced to retire from the police profession.

In Jane Doe v. City of Irvine, et al., the City of Irvine paid Jane Doe $400,000.00 for her sexual battery by an Irvine Police Department police officer. “Jane Doe”(true name protected) was a dancer at Captain Cream’s; a former Lake Forest, California topless bar. Captain Cream’s was located close to the Irvine / Lake Forest border, and the officer would stalk dancer “Jane Doe” when she left work for the evening. He followed her from Captain Cream’s all the way to Laguna Canyon Road in Laguna Beach, California; a road that is very dark and without street lighting and well outside of the Irvine city limits. See, Illegally Park-ed, OC Weekly, February 8, 2007.

The officer stopped Jane Doe’s car and gave her a breath-alcohol test, that resulted in a reading of 0.06 % blood alcohol; 0.02% below the 0.08% per se limit in California. Notwithstanding Jane Doe being below the 0.08% per se limit the officer threatened Jane Doe with arrest for DUI if she didn’t perform a manual sexual act with him; something she was made to do.

When she had done the dirty act and was left alone by the officer, Jane Doe raced home and called “911” on her cellphone. She was given the Laguna Beach Police Department “911” dispatcher. She told the dispatcher that she was just sexually assaulted by an Irvine Police Department police officer in Laguna Beach on the Canyon Road. The dispatcher said that as the assault involved an Irvine Police Department police officer that Laguna Beach PD could not do anything for her and that she would have to call the Irvine Police Department about her sex assault claim and complain to them (that discussion was recorded).

The City of Irvine ended-up paying $400,000.00 to Jane Doe on that claim and the officer was criminally prosecuted, but acquitted. See, Ex-officer acquitted of assaulting exotic dancer, LA Tmes, February 3, 2007. 

Mansfield v. City of Costa Mesa, United States District Court Case Number 8:05-cv-00133-CJC-RNB, (Santa Ana, Judge Carney). Mr. Steering had a civil rights case in 2004 with the Costa Mesa Police Department for the wrongful shooting of her two dogs in Mansfield v. City of Costa Mesa, U.S. Dist. Court, Central Dist. of Cal. (Santa Ana) (2006), $225,000.00 settlement for unreasonable shooting of family pit bull and for unlawful seizure of person. Two Costa Mesa Police Department police officers chased Mrs. Mansfield’s 15 year old son and his friends to her home because the youth were not wearing bicycle helmets. The officers were so zealous to warn the youths that they jumped over the backyard wall of the Mansfield home; finding their two Rottweilers in the backyard. When the dogs growled at the officer, he shot them; killing them. See, City pays $225,000 in dog’s death – OC Register, September 29, 2006 and Costa Mesa Pays Family Over Killing of Pit Bull by 2 Officers, LA Times, September 28, 2006.

Gomez v. County of Orange, et al., U.S. Dist. Court, Central District of California (LA) (2011) obtained $2,163,799.53 for unreasonable force on convicted jail inmate. Jason Gomez had been deprived of his pain medication by the OC Jail while serving a short probation violation commitment. When the jail then began to provide to him his pain medication, he grabbed and broke the arm of a nurse at the jail while she was finally providing Mr. Gomez’ medication. It was too late. The nurse jail nurse (with the now broken arm) had a husband who worked as a custodial deputy at the jail, and you can imagine what happened thereafter.

The jail personnel didn’t take too kindly to the arm breaking and decided to do a jail cell extraction.

Santos v. City of Garden Grove, et al. ,OC Weekly, September 30, 2009.Santos v. City of Garden Grove, et al.; U.S. District Court (Santa Ana) (2009) Mr. Steering obtained a $475,000.00 settlement from the City of Garden Grove for the false arrests and use of excessive force on several members of the Frank Santos family. See, Garden Grove Pays Half a Million to Settle Brutality Suit With Santos Family ,OC Weekly, September 30, 2009.

Several members of the Frank Santos family were brutalized and arrested at the birthday party for one of Frank and Gloria Santos’ daughters. Frank Santos’ brother-in-law’s truck was towed away from a closed shopping center parking lot around midnight.. When Mr. Santos’ brother-in-law noticed that his car was gone and saw a tow truck race away with his car, the brother-in-law called Garden Grove PD to see if someone had called in a tow of his vehicle. Frank Santos’ brother-in-law also happened to be a CHP officer who worked for the CHP auto-theft task force. He knew that car thieves often use tow trucks to make their taking of a vehicle to legitimate.

In response to that call, GGPD Officer Oomar Patel arrived at the scene. Frank Santos didn’t know that his brother-in-law had called the police, and when Officer Patel arrived at the scene Frank Santos asked him “Who the f__k called you”. That sent Officer Patel into a rage, sticking his nose close to Frank Santos’, backing him up against a brick wall. When Frank Santos attempted to diffuse the situation and walk away from Officer Patel., Patel tried to tackle Mr. Santos from behind and when he did his flying football tackle move on Mr. Santos (from behind), Mr. Santos simply bent down and Patel went flying over him, falling onto the street.

Patel then jumped up and pepper-sprayed several members of the Santos family. He also called for back up, saying that he was being attacked, that prompt a quick and very violent police response. Had it not been for the presence of the brother-in-law CHP Officer, the Santos might of lost their case, as most people just don’t believe that police officers really do act like that.

Norma Cortez v. City of Anaheim; Mr. Steering also obtained $300,000.00 from the City of Anaheim,

for the use of police tactics that placed the plaintiff in a position of danger; a danger that did happen (i.e. non-lethal bystander gunshot wound); Norma Cortez et al. v. City of Anaheim, et al.; United States District Court for the Central District of California.

Farahani v. City of Santa Ana; Mr. Steering obtained a $612,000.00 jury verdict against a Santa Ana Police Department officer for unreasonable force, for a single baton strike to a young man’s head. See also, City to Pay $292,500 to Man Who Says Officer Beat Him : Litigation: Attorneys reach settlement after city’s appeal of a federal jury award of more than $600,000, LA Times, September 17, 199., “Police Brutality False Arrest Case Results” pages for verdicts / settlements / judgments against other police agencies.) See also, City to Pay $292,500 to Man Who Says Officer Beat Him : Litigation: Attorneys reach settlement after city’s appeal of a federal jury award of more than $600,000, LA Times, September 17, 1991.

Celli v. County of Orange, et al; U.S. District Court, Central District of California (Santa Ana)(2009);

obtained $200,000.00 for false arrest / unreasonable force.

Richard “Danny” Page v. City of Tustin , et al., U.S. District Court (Santa Ana) (1992); $450,000.00 for false arrest and unreasonable force.

In Kieswetter, et al. v. City of Laguna Beach, et al., United States District Court (Santa Ana), three separate women who were arrested for DUI by Laguna Beach PD complained that the 20 year old young man in a full Laguna Beach Police Department police officer uniform had jumped into the back seat of the patrol car that they were being transported to jail and sexually molested them. See, An Unsettling Settlement in Laguna Harassment Case, LA Times, June 28, 1992. Mr. Steering obtained a $92,500.00 settlement in that case.

Hands v. City of Laguna Beach, OC, California, Superior Court (1989), $137,500.00 settlement, for false arrest and excessive force. See, “Laguna City Manager Urges Settlement in Couple’s Arrest Suit”, LA Times, April 3, 1991.

Torrance v. County of Orange, et al., U.S. District Court, Central District of California (Santa Ana)(2010);See, Man stunned by deputies in his bedroom gets $380,000, OC Register, November 19, 2010. The Laguna Beach Police Department got a bad tip on the man who hit and ran (with his fists) from a bar brewed brawl in the middle of the Pacific Coast Highway in Laguna Beach. The wine consumption of two otherwise law abiding groups of well-off locals got the best of them, and one of the men punched another in the cross-walk at Cress and Pacific Coast Highway.

This happened during a Laguna Beach Art Walk , something that takes place on the first Thursday of the month. Some do-gooder drunk lady saw the Laguna Beach Police Department detaining the group involved in the street fight, heard they were looking for a fleeing man and somehow had written down the license plate number of Skip Torrance’s car. She had seen his cursing after he had stubbed his toe on the street curb, saw thew blood on the foot (the nail) and saw Mr. Torrance get into his car and leave the scene quickly.

Laguna Beach PD called the Sheriff’s Department when they learned that Mr. Torrance’s car was registered to a location in Dana Point; a City that contracts with the OC Sheriff’s Department for its police services.

The Deputy Sheriffs arrived at Mr. Torrance’s house. He was sleeping. They scaled a 7 foot brick wall, went into Mr. Torrance’s back yards, entered his rear sliding glass door that went into his bedroom, and literally pulled Mr. Torrance by his underpants to wake him up while he was asleep in bed. When Mr. Torrance awoke he saw two black silhouettes shining their flashlights at him. He jumped up from the bed, and was then tased, handcuffed taken outside for a line-up by the man who was punched in Laguna Beach. The punching victim told the the police that Mr. Torrance wasn’t the man who punched him, so the police arrested him for resisting arrest. Unbelievable.

Oliver v. City of Anaheim, U.S. District Court, Santa Ana; Ninth Circuit Court of Appeals, 2012; (plaintiff won case in the Ninth Circuit Court of Appeals on their unlawful arrest claim; false arrest as matter of law.) Plaintiffs obtained $400,000.00 for four hour false arrest of father (and son), for father telling police that he didn’t know of his son hit a opossum with a shovel (which isn’t a crime anyway),so busted the father for violation of Cal. Penal Code 32 (i.e. “accessory to crime”, for not incriminating his son, for something that isn’t a crime. See,Oliver v. City of Anaheim; Ninth Circuit Court of Appeals.

Mr. Steering has also had many acquittals in OC Superior Court; especially in cases involving false arrests.

Jerry L. Steering, Esq., is a Police Misconduct Attorney, serving, among other places, Riverside County, the City of Jurupa Valley and the other Riverside County cities shown below. Mr. Steering also litigates cases throughout California and out of state matters. Mr. Steering also practices in Los Angeles County, San Diego County, Riverside County and San Bernardino County.

Mr. Steering has been suing police officers, and defending bogus criminal cases of crimes against police officers since 1984. The majority of our firm’s law practice, is suing police officers and other government officials, for claims such as false arrest, police brutality / excessive force, malicious prosecution, and other “Constitutional Torts.”

False arrests by police officers are almost always the product of either sheer incompetence (i.e. the police arrest another for conduct that isn’t criminal), or of the police officer attempting to justify his unlawful conduct, by arresting and then framing their victim (i.e. false police reports, perjurous court testimony, false convictions) of his federal criminal (18 U.S.C. § 242), and otherwise tortious misconduct (i.e. if the police use unreasonable / unlawful force on a civilian, the use of force is almost always followed by a false arrest.)

Mr. Steering has been suing police officers, and defending bogus “resistance offense” criminal cases of crimes against police officers, since 1984.

Because of institutional pressures (i.e. “ratting out fellow officer not a good career move), and the obvious political and practical consequences of not backing-up the their fellow officers (i.e. false testimony and false police reports), the norm in today’s police profession, is for peace officers to falsely arrest, and procure the bogus criminal prosecution (i.e. to literally “frame”) of those civilians, whose Constitutional rights and basic human dignity have been violated. The Riverside County Sheriff’s Department is especially disgraceful when it comes to abusing civilians and framing them for crimes that they didn’t commit, to protect their deputy sheriffs from civil, disciplinary and criminal liability.

POLICE MISCONDUCT IN JURUPA VALLEY – RIVERSIDE COUNTY SHERIFF’S DEPARTMENT’S “SATURATION OPERATIONS”.

Under the leadership of Riverside County Sheriff Stan Sniff, the Riverside County Sheriff’s Department has become one of the leading agencies for the beatings and their accompanying false arrests. Under Sheriff Sniff, Riverside County Sheriff’s Department deputy sheriffs routinely beat-up and falsely arrest any civilian who dares to challenge their authority (i.e. such as by telling the deputies that one knows their rights, or daring to ask the deputies why they are treating them this ugly way.) These deputy sheriff’s procure the bogus their victims’ false criminal prosecutions, to beat-down the innocents who’s constitutional. Sheriff Sniff’s Professional Standards Bureau (Internal Affairs) has become the “white wash” wing of that agency.

Under great political pressure, the Riverside County Sheriff’s Department has just started using body cam recording devices. However, they are just clip on devices, and they can be made to not have been on or working when the Sheriff’s Department wants the recording to exist or not.

THE SHERIFF’S DEPARTMENT’S “SATURATION / ZERO TOLERANCE OPERATIONS” IN JURUPA VALLEY.

The Riverside County Sheriff’s Department Jurupa Valley station is almost indistinguishable from a criminal

street gang. They really don’t try to hid this.

These men have taken it upon themselves to administer beatings and false arrests for just about anyone who they see doing anything that the law proscribes; literally anything to justify a street encounter. These deputies flood an area of Jurupa Valley with deputies just itching to beat the stuffing out of someone. It is almost impossible for most normal law abiding civilians to really believe that this really happens. Well, it really does. These deputies really are out and about looking to beat, pepper-spray, tase and falsely arrest some civilian.

One example of the use of these “saturation / zero tolerance operations” is the case of James Holley.

On August 21, 2011, the boys from the Jurupa Valley Station were performing what they call a “saturation /

zero tolerance operation”. The “saturation operation” included making “proactive arrests” for anything that the law proscribes; anything; even the most arguable or trivial infraction. Deputy Bryce Holmes orchestrated, supervised and participated this particular “Saturation Patrol”. He and his pals at the Jurupa Valley station actually enjoy beating people. They just can’t get enough. Who knows; if they beat up and falsely arrest enough innocents they might make Deputy of the Year. That is no joke.

It’s those kind of active deputies who beat up many and make a lot of arrests who make Deputy of the Year. They usually are the best at lying under oath. You could hook these “pro-active policing” types (i.e. the cops commit the crimes) up to a polygraph and that line will stay straight. They can look a jury straight in the eyes and lie without any of the usual signs of lying (i.e. swallowing, red eyes, choked-up speech, excessive blinking, looking up and to the side, etc.) and deliver the goods; frame their victims for some bogus resistance offense.

Well, James Holley was standing in front of his parent’s home, holding a can beer and drinking the same, as were his brothers. They were not drunk or causing any problems. The deputies approached the Holley’s, claiming that they suspected the Holleys of being in violation of California Penal Code Section 647(f); public intoxication. It is not a crime in California to be drunk in public. It is only a violation of that section if one is basically so drunk / drugged that one is lying in a puddle of their own vomit on the sidewalk.

When the James Holley objected to the officers wanting to search him, they simple tased and jumped him, and false arrested he and his father, who came out and saw the deputies beating his son. James Holley was not criminally prosecuted. Neither were the men who should have been, the deputies.

Jerry L. Steering has successfully sued the Riverside County Sheriff’s Department over the years. Most recently, Mr. Steering has obtained settlements against the County of Riverside for wrongfully tasing a former Riverside County Sheriff’s Department Deputy Sheriff [Torres v. County of Riverside, U.S. District Court, Central District of California (Riverside)(2010), $500,000.00], and for using unreasonable force and falsely arresting a 64 year old man [Chynoweth v. County of Riverside et al., Riverside County Superior Court (2011), $750,000.00.]

Mr. Steering also obtained an $825,000.00 settlement at completion of trial from the Riverside County City of Desert Hot Springs, for unreasonable force and false arrest [Moore, et al. v. City of Desert Hot Springs, Riverside County Superior Court (2012).]

In 2013, Mr. Steering successfully obtained a jury verdict in federal court against Riverside County Sheriff’s Department deputies sheriffs for excessive force (punching a Lake Elsinore man in face) and for illegally searching his person property; resulting in a $250,000.00 ultimate settlement of the case, in Parnell v. County of Riverside.

Mr. Steering constantly sues the Riverside County Sheriff’s Department more and more often these days, because the simple truth is, that the Department is simply a morally bankrupt organization. When a Riverside County Sheriff’s Department deputy sheriff uses unreasonable force or falsely arrest civilians, the department encourages further constitutional transgressions, by defended the outrages against the public committed by the deputies. They don’t properly train their deputy sheriffs, and not only tolerate the use of unreasonable force and their accompanying false arrests and malicious criminal prosecutions, but, by case by case of backing the deputies, promote and encourage future constitutional violations. If you’re reading this article, you are probably a person who wouldn’t have believed these serious allegations, until they actually happened to you or your

Jerry L. Steering has successfully sued the Riverside County Sheriff’s Department over the years. Most recently, Mr. Steering has obtained settlements against the County of Riverside for wrongfully tasing a former Riverside County Sheriff’s Department Deputy Sheriff [Torres v. County of Riverside, U.S. District Court, Central District of California (Riverside)(2010), $500,000.00], and for using unreasonable force and falsely arresting a 64 year old man [Chynoweth v. County of Riverside et al., Riverside County Superior Court (2011), $750,000.00.]  

In 2001 in Gardner v. AMR, U.S. Dist. Court (Los Angeles) Mr. Steering obtained a $650,000.00 settlement of

wrongful death, for failure to provide ambulance service. Although AMR is a private ambulance service Mr. Steering successfully argued that AMR was acting under the color of state law as they were the only ambulance service allowed to service the Hemet are of Riverside County.

Mr. Steering successfully argued to then United States District Court Judge Carlos Moreno (later to become Associate Justice Carlos Moreno of the California Supreme Court) that because under the California Emergency Medical Services Act the only ambulance that one can summons, American Medical Response, that the good citizens of Riverside County were constructively in the custody of AMR ambulance services when they are in need of an ambulance.

In Risk v. Cathedral City, U.S. District Court Central District of Cal. (Riverside)(2006) Mr. Steering obtained a $125,000.00 settlement for false arrest / excessive force.

In Torres v. County of Riverside, U.S. District Court, Central District of California (Riverside)(2010), Mr. Steering obtained a $500,000.00 settlement for unreasonable force (i.e. taser).

In 2016 in the case of Licitra v. County of Riverside (U.S. District Court – Riverside) Mr. Steering obtained a $300,000.00 settlement for false arrest / unreasonable force.

In Chynoweth v. County of Riverside et al.,Riverside County Superior Court (2011), Mr. Steering obtained a

$750,000.00 settlement for unreasonable force. 64 year old Mr. Chynoweth was showing his race car at the Temecula Rod Run. Mr. Chynoweth’s friend had driven his “hot rod” down the street and parked the same next to Mr. Chynoweth. His friend had a 1966 Chevelle with 1,000 horsepower and no muffler as did most of the hot rods at the Rod Run. His friend’s car made lots of noise but RCSD Sgt. Ken Southern was concerned with the friend having driven on the street after the Rod Run had begun.

While the 1,000 horsepower car was idling, Mr. Chynoweth, who could barely stand up and walked,and when he saw his friend arguing with Sgt. Southern, he yelled out for his friend not to argue with Sgt. Southern and just do what he says, otherwise he was going to be ejected, like others that day.

Sgt. Southern didn’t like Mr. Chynoweth’s attitude and told him to leave, so Mr. Chynoweth hobbled back to his car (the next rented show space over) and Sgt. Southern wanted him to left the entire event. Mr. Chynoweth protested that he paid $40.00 to rent that space for his car and that he shouldn’t have to leave.

When a large crowd saw Mr. Chynoweth verbally challenge Sgt. Southern, the good Sergeant slammed Mr. Chynoweth on the hood of his car, threw him down onto the grass and knee dropped him and arrested him; all in front of fifty people or so. Riverside County paid Mr. Chynoweth $750,000.00 for that transgression.

In 2012 Mr. Steering also obtained an $825,000.00 from the Riverside County City of Desert Hot Springs, for unreasonable force and false arrest (Moore, et al. v. City of Desert Hot Springs, Riverside County Superior Court;

In 2013 in Parnell v. County of Riverside (above), U.S. District Court (L.A.) Mr. Steering

obtained $250,000.00 at award at trial for unreasonable force and unlawful search. RCSD Lake Elsinore Station detectives got a tip that someone was advertising a “Ditch Witch” construction drilling device on ebay, that was reported stolen in Colorado. The detectives dressed up as regular construction types, and told Mr. Parnell in him home that the Ditch Witch was stolen. Mr. Parnell had purchased the Ditch Witch at a legitimate drilling supply store and had the receipt with him.

In 2016 in Jones v. County of Riverside (U.S. District Court – Riverside) Mr. Steering obtained a $300,000.00 settlement for unreasonable seizure of person.

In 2014 Holley v. County of Riverside (U.S. District Court – Riverside) Mr. Steering obtained a $500,000.00 settlement for false arrest and unreasonable force.

SUING POLICE OFFICERS IN FEDERAL COURT FOR VIOLATING YOUR CONSTITUTIONAL RIGHTS; ENFORCING THE FOURTEENTH AMENDMENT.

The keys to the federal courthouse is something call “federal question jurisdiction“. “Federal question jurisdiction” entitles a person whose federal constitutional rights were violated by persons acting “under the color of state law”, to sue under federal law, including in federal court itself, for redress. A typical situation involves a peace officer (i.e. deputy sheriff, police officer) violating the federal Constitutional rights of a civilian by using unreasonable force upon them and/or by falsely arresting them, and thereafter procuring their malicious criminal prosecution; today’s norm.)

The federal court venue was traditionally very important to the enforcement of the Fourteenth Amendment, because black persons of African descent couldn’t get a fair trial in Southern state Superior Courts following the Civil War (that ended in late April of 1865.) Although starting-out as a Post-Civil War Southern “social organization”, the “Ku Klux Klan” soon became the local Southern “Sheriff and his deputized posse”, who terrorized and murdered black persons of African descent while acting “under the color of state law”; under the authority of the Sheriff.

Imagine a “black widow” (not the spider type) suing the local Sheriff and his posse members for murdering her husband in a Post-Civil War Southern state Superior Court, where the judge and the jury members were either part of the murdering mob, or relatives and friends of those who were. Unless black persons had a remedy in a United States District Court, as a practical matter they had no remedy at all.

Click on “Home“, above, or the other pages shown, for the information or assistance that we can provide for you. If you need to speak with a lawyer about your particular legal situation, please call the Law Offices of Jerry L. Steering for a free telephone consultation.

Thank you, and best of luck, whatever your needs.

Law Offices of Jerry L. Steering

Jerry L. Steering, Esq.

Law Offices of Jerry L. Steering, 4063 Birch Street, Suite 100, Newport Beach, CA 92660; (949) 474-1849; Fax: (949) 474-1883; email: jerrysteering@yahoo.com

_________________________________________________________________

Riverside County Cities Served:

City of Banning P.O. Box 998 City Manager: Andy Takata Phone: (951) 922-3105 Website: www.ci.banning.ca.us Banning CA 922200998 City Clerk: Marie A. Calderon Fax: (951) 922-3128 E-Mail: cityadministration@ci.banning.ca.us

City of Beaumont 550 E. 6th Street City Manager: Alan Kapanicas Phone: (951) 769-8520 Website: www.ci.beaumont.ca.us Beaumont CA 92223 City Clerk: Karen Thompson Fax: (951) 769-8526 E-Mail: cityhall@ci.beaumont.ca.us

City of Blythe 235 N. Broadway Avenue City Manager: David Lane Phone: (760) 922-6161 Website: www.cityofblythe.ca.gov Blythe CA 92225 City Clerk: Patti Whitney Fax: (760) 922-4938 E-Mail: use website

City of Calimesa 908 Park Avenue City Manager: Randy Anstine Phone: (909) 795-9801 Website: www.cityofcalimesa.com Calimesa CA 92320 City Clerk: Darlene Gerdes Fax: (909) 795-4399 E-Mail: dgerdes@cityofcalimesa.com

City of Canyon Lake 31516 Railroad Canyon Rd. City Manager: Richard Rowe, Interim Phone: (951) 244-2955 Website: www.cityofcanyonlake.com Canyon Lake CA 92587 City Clerk: Deborah Harrington Fax: (951) 246-2022 E-Mail: info@cityofcanyonlake.com

City of Cathedral City 68700 Avenida Lalo Guerrero City Manager: Donald Bradley Phone: (760) 770-0340 Website: www.cathedralcity.gov Cathedral City CA 92234 City Clerk: Pat Hammers Fax: (760) 770-0399 E-Mail: phammers@cathedralcity.gov

City of Coachella 1515 Sixth Street City Manager: David Garcia Phone: (760) 398-3502 Website: www.coachella.org Coachella CA 92236 City Clerk: Isabel Castillon Fax: (760) 398-8117 E-Mail:

City of Corona 400 S. Vicentia Avenue City Manager: Brad Robbins Phone: (951) 736-2400 Website: www.ci.corona.ca.us Corona CA 92882 City Clerk: Lisa Mobley, Chief Dep. Fax: (951) 736-2399 E-Mail: cityclrk@ci.corona.ca.us

City of Desert Hot Springs 65950 Pierson Blvd. City Manager: Rick Daniels Phone: (760) 329-6411 Website: www.desert-hot-springs.us Desert Hot Springs CA 92240 City Clerk: Cynthia Lugo Fax: (760) 288-3129 E-Mail: info@deserthotsprings.com

City of Eastvale 6080 Hamner Ave. City Manager: Robert L. Van Nort Phone: (951) 361-0900 Website: www.ci.eastvale.ca.us Eastvale CA 91752 City Clerk: Judy Haughney Fax: (951) 361-0888 E-Mail: rvannort@ci.eastvale.ca.u 8/17/2012 2

City of Hemet 445 East Florida Avenue City Manager: Mark Orme, Interim Phone: (951) 765-2300 Website: www.cityofhemet.com Hemet CA 92543 City Clerk: Sarah McComas Fax: (951) 765-3785 E-Mail: smccomas@cityofhemet.org

City of Indian Wells 44-950 Eldorado Drive City Manager: Greg Johnson Phone: (760) 346-2489 Website: www.cityofindianwells.org Indian Wells CA 922107497 City Clerk: Anna Grandys Fax: (760) 346-0407 E-Mail: use website email

City of Indio P.O. Drawer 1788 City Manager: Dan Martinez Phone: (760) 391-4000 Website: www.indio.org Indio CA 92202 City Clerk: Cynthia Hernandez Fax: (760) 391-4008 E-Mail: cityclerk@indio.org

City of Jurupa Valley 8304 Limonite Av., Suite M City Manager: Stephen Harding Phone: (951) 332-6464 Website: jurupavalley.org Jurupa Valley CA 92509 City Clerk: Vicki Wasko Fax: E-Mail: cityclerk@jurupavalley.org

City of La Quinta P.O. Box 1504 City Manager: Frank J. Spevacek Phone: (760) 777-7000 Website: www.la-quinta.org La Quinta CA 92247 City Clerk: Veronica Montecino Fax: (760) 777-7107 E-Mail: cityclerk@la-quinta.org

City of Lake Elsinore 130 S. Main Street City Manager: Tom Evans, Interim Phone: (951) 674-3124 Website: www.lake-elsinore.org Lake Elsinore CA 92530 City Clerk: Virgina Bloom Fax: (951) 674-2392 E-Mail: cityhall@lake-elsinore.org

City of Menifee 29683 New Hub Drive, Suite C City Manager: Bill Rawlings Phone: (951) 672-6777 Website: www.cityofmenifee.us Menifee CA 92586 City Clerk: Kathy Bennett Fax: (951) 679-3843 E-Mail: cityhall@cityofmenifee.us

City of Moreno Valley 14177 Frederick Street City Manager: Henry T. Garcia Phone: (951) 413-3000 Website: www.ci.moreno-valley.ca.us Moreno Valley CA 92553 City Clerk: Jane Halstead Fax: (951) 413-3750 E-Mail: contactus@moval.org

City of Murrieta One Town Square City Manager: Rick Dudley Phone: (951) 304-2489 Website: www.murrieta.org 24601 Jefferson Avenue Murrieta CA 92562 City Clerk: A. Kay Vinson Fax: (951) 698-9885 E-Mail: kvinson@murrieta.org

City of Norco 2870 Clark Avenue City Manager: Beth Groves Phone: (951) 735-3900 Website: www.ci.norco.ca.us Norco CA 92860 City Clerk: Brenda Jacobs Fax: (951) 270-5622 E-Mail: bjacobs@ci.norco.ca.us

City of Palm Desert 73-510 Fred Waring Drive City Manager: John Wohlmuth Phone: (760) 346-0611 Website: www.cityofpalmdesert.org Palm Desert CA 92260 City Clerk: Rachelle Klassen Fax: (760) 340-0574 E-Mail: info@ci.palm-desert.ca.us 8/17/2012 3

City of Palm Springs 3200 E. Tahquitz Canyon Way City Manager: David H. Ready Phone: (760) 323-8299 Website: www.palmspringca.gov Palm Springs CA 92262 City Clerk: James Thompson Fax: (760) 322-8332 E-Mail: cityclerk@palmsprings-ca.gov

City of Perris 101 North “D” Street City Manager: Richard Belmudez Phone: (951) 943-6100 Website: www.cityofperris.org Perris CA 92570 City Clerk: Judy Haughney Fax: (951) 943-4246 E-Mail: use website form

City of Rancho Mirage 69-825 Hwy. 111 City Manager: Randal K. Byder Phone: (760) 324-4511 Website: www.ci.rancho-mirage.ca.us Rancho Mirage CA 92270 City Clerk: Cynthia Scott Fax: (760) 324-8830 E-Mail: cscott@ranchomirageca.gov

City of Riverside 3900 Main Street City Manager: Scott Barber Phone: (951) 826-5311 Website: www.riversideca.gov Riverside CA 92522 City Clerk: Colleen J. Nicol Fax: (951) 826-5470 E-Mail: city_clerk@riversideca.gov

City of San Jacinto 595 S. San Jacinto Ave. City Manager: Tim Hults Phone: (951) 487-7330 Website: www.ci.san-jacinto.ca.us San Jacinto CA 92583 City Clerk: Dorothy Chouinard Fax: (951) 654-8021 E-Mail: info@sanjacintoca.us

City of Temecula P.O. Box 9033 City Manager: Bob Johnson Phone: (951) 694-6444 Website: www.cityoftemecula.org Temecula CA 925899033 City Clerk: Susan W. Jones Fax: (951) 694-1999 E-Mail: temecula@cityoftemecula.org

City of Wildomar 23873 Clinton Keith Rd., Suite 111 City Manager: Frank Oviedo Phone: (951) 677-7751 Website: www.cityofwildomar.org Wildomar CA 92595 City Clerk: Debbie Lee Fax: (951) 698-1463 E-Mail: dlee@cityofwildomar.org

Riverside County Police Brutality & Excessive Force Attorney

Jerry L. Steering, Esq., is a Police Misconduct Attorney, serving, among other places, Riverside and Riverside County. He has been suing police officers, and defending bogus criminal cases of crimes against police officers for over 28 years.

The majority of our firm’s law practice, is suing police officers and other government officials, for claims such as false arrest, police brutality / excessive force, malicious prosecution, and other “Constitutional Torts.” False arrests by police officers are almost always the product of either sheer incompetence (i.e. the police arrest another for conduct that isn’t criminal), or of the police officer attempting to justify his unlawful conduct, by arresting and then framing their victim (i.e. false police reports, perjurous court testimony, false convictions) of his federal criminal (18 U.S.C. § 242), and otherwise tortious misconduct (i.e. if the police use unreasonable / unlawful force on a civilian, the use of force is almost always followed by a false arrest.)

Mr. Steering has been suing police officers for constitutional violations and defending bogus criminal “resistance offense” cases for 33 years. The Law Offices of Jerry L. Steering is proud to serve all areas of Riverside County, including the cities shown below.

Mr. Steering has been suing police officers, and defending bogus “resistance offense” criminal cases of crimes against police officers, since 1984. The majority of the Steering firm’s law practice, is suing police officers and other government officials, for “Constitutional Torts” such as false arrest, police brutality / excessive force and malicious prosecution.

Because of institutional pressures (i.e. “ratting out fellow officer not a good career move), and the obvious political and practical consequences of not backing-up the their fellow officers (i.e. false testimony and false police reports), the norm in today’s police profession, is for peace officers to falsely arrest, and procure the bogus criminal prosecution (i.e. to literally “frame”) of those civilians, whose Constitutional rights and basic human dignity have been violated. The Riverside County Sheriff’s Department is especially disgraceful when it comes to abusing civilians and framing them for crimes that they didn’t commit, to protect their deputy sheriffs from civil, disciplinary and criminal liability.

POLICE MISCONDUCT IN RIVERSIDE COUNTY.

Under the leadership of Riverside County Sheriff Stan Sniff, the Riverside County Sheriff’s Department has become one of the leading agencies for the beatings and their accompanying false arrests. Under Sheriff Sniff, Riverside County Sheriff’s Department deputy sheriffs routinely beat-up and falsely arrest any civilian who dares to challenge their authority (i.e. such as by telling the deputies that one knows their rights, or daring to ask the deputies why they are treating them this ugly way.) These deputy sheriff’s procure the bogus their victims’ false criminal prosecutions, to beat-down the innocents who’s constitutional. Sheriff Sniff’s Professional Standards Bureau (Internal Affairs) has become the “white wash” wing of that agency.

Under great political pressure, the Riverside County Sheriff’s Department has just started using body cam recording devices. However, they are just clip on devices, and they can be made to not have been on or working when the Sheriff’s Department wants the recording to exist or not.

Jerry L. Steering has successfully sued the Riverside County Sheriff’s Department over the years. Most recently, Mr. Steering has obtained settlements against the County of Riverside for wrongfully tasing a former Riverside County Sheriff’s Department Deputy Sheriff [Torres v. County of Riverside, U.S. District Court, Central District of California (Riverside)(2010), $500,000.00], and for using unreasonable force and falsely arresting a 64 year old man [Chynoweth v. County of Riverside et al., Riverside County Superior Court (2011), $750,000.00.]

Mr. Steering also obtained an $825,000.00 settlement at completion of trial from the Riverside County City of Desert Hot Springs, for unreasonable force and false arrest [Moore, et al. v. City of Desert Hot Springs, Riverside County Superior Court (2012).]

In 2013, Mr. Steering successfully obtained a jury verdict in federal court against Riverside County Sheriff’s Department deputies sheriffs for excessive force (punching a Lake Elsinore man in face) and for illegally searching his person property; resulting in a $250,000.00 ultimate settlement of the case, in Parnell v. County of Riverside.

Mr. Steering constantly sues the Riverside County Sheriff’s Department more and more often these days, because the simple truth is, that the Department is simply a morally bankrupt organization. When a Riverside County Sheriff’s Department deputy sheriff uses unreasonable force or falsely arrest civilians, the department encourages further constitutional transgressions, by defended the outrages against the public committed by the deputies. They don’t properly train their deputy sheriffs, and not only tolerate the use of unreasonable force and their accompanying false arrests and malicious criminal prosecutions, but, by case by case of backing the deputies, promote and encourage future constitutional violations. If you’re reading this article, you are probably a person who wouldn’t have believed these serious allegations, until they actually happened to you or your

Jerry L. Steering has successfully sued the Riverside County Sheriff’s Department over the years. Most recently, Mr. Steering has obtained settlements against the County of Riverside for wrongfully tasing a former Riverside County Sheriff’s Department Deputy Sheriff [Torres v. County of Riverside, U.S. District Court, Central District of California (Riverside)(2010), $500,000.00], and for using unreasonable force and falsely arresting a 64 year old man [Chynoweth v. County of Riverside et al., Riverside County Superior Court (2011), $750,000.00.]  

In 2001 in Gardner v. AMR, U.S. Dist. Court (Los Angeles) Mr. Steering obtained a $650,000.00 settlement of

wrongful death, for failure to provide ambulance service. Although AMR is a private ambulance service Mr. Steering successfully argued that AMR was acting under the color of state law as they were the only ambulance service allowed to service the Hemet are of Riverside County.

Mr. Steering successfully argued to then United States District Court Judge Carlos Moreno (later to become Associate Justice Carlos Moreno of the California Supreme Court) that because under the California Emergency Medical Services Act the only ambulance that one can summons, American Medical Response, that the good citizens of Riverside County were constructively in the custody of AMR ambulance services when they are in need of an ambulance.

In Risk v. Cathedral City, U.S. District Court Central District of Cal. (Riverside)(2006) Mr. Steering obtained a $125,000.00 settlement for false arrest / excessive force.

In Torres v. County of Riverside, U.S. District Court, Central District of California (Riverside)(2010), Mr. Steering obtained a $500,000.00 settlement for unreasonable force (i.e. taser).

In 2016 in the case of Licitra v. County of Riverside (U.S. District Court – Riverside) Mr. Steering obtained a $300,000.00 settlement for false arrest / unreasonable force.

In Chynoweth v. County of Riverside et al.,Riverside County Superior Court (2011), Mr. Steering obtained a

$750,000.00 settlement for unreasonable force. 64 year old Mr. Chynoweth was showing his race car at the Temecula Rod Run. Mr. Chynoweth’s friend had driven his “hot rod” down the street and parked the same next to Mr. Chynoweth. His friend had a 1966 Chevelle with 1,000 horsepower and no muffler as did most of the hot rods at the Rod Run. His friend’s car made lots of noise but RCSD Sgt. Ken Southern was concerned with the friend having driven on the street after the Rod Run had begun.

While the 1,000 horsepower car was idling, Mr. Chynoweth, who could barely stand up and walked,and when he saw his friend arguing with Sgt. Southern, he yelled out for his friend not to argue with Sgt. Southern and just do what he says, otherwise he was going to be ejected, like others that day.

Sgt. Southern didn’t like Mr. Chynoweth’s attitude and told him to leave, so Mr. Chynoweth hobbled back to his car (the next rented show space over) and Sgt. Southern wanted him to left the entire event. Mr. Chynoweth protested that he paid $40.00 to rent that space for his car and that he shouldn’t have to leave.

When a large crowd saw Mr. Chynoweth verbally challenge Sgt. Southern, the good Sergeant slammed Mr. Chynoweth on the hood of his car, threw him down onto the grass and knee dropped him and arrested him; all in front of fifty people or so. Riverside County paid Mr. Chynoweth $750,000.00 for that transgression.

In 2012 Mr. Steering also obtained an $825,000.00 from the Riverside County City of Desert Hot Springs, for unreasonable force and false arrest (Moore, et al. v. City of Desert Hot Springs, Riverside County Superior Court;

In 2013 in Parnell v. County of Riverside (above), U.S. District Court (L.A.) Mr. Steering

obtained $250,000.00 at award at trial for unreasonable force and unlawful search. RCSD Lake Elsinore Station detectives got a tip that someone was advertising a “Ditch Witch” construction drilling device on ebay, that was reported stolen in Colorado. The detectives dressed up as regular construction types, and told Mr. Parnell in him home that the Ditch Witch was stolen. Mr. Parnell had purchased the Ditch Witch at a legitimate drilling supply store and had the receipt with him.

In 2016 in Jones v. County of Riverside (U.S. District Court – Riverside) Mr. Steering obtained a $300,000.00 settlement for unreasonable seizure of person.

In 2014 Holley v. County of Riverside (U.S. District Court – Riverside) Mr. Steering obtained a $500,000.00 settlement for false arrest and unreasonable force.

POLICE SADISM IN THE UNITED STATES; IT ROOT AND CAUSES.

With all due respect to racial minorities, for the most part, today’s police officers do not care what color you are or where you came from. When you “fail the attitude test” with today’s police officers you probably will minimally be arrested for some “resistance offense“. If you continue to “mouth-off” to the officer (i.e. lawfully protest being falsely arrested or tell the cop they are acting unlawfully) you are begging for a police beating and there is a substantial probability that you will get one. This is no joke. No police or prosecutorial agency is going to fault a cop for beating you unless there is a clear video recording showing some black and white use of unreasonable force upon you by the officer. That is reality. Accordingly, as a real practical matter, the police soon learn that they usually can beat you with impunity.

Although one my lawfully non-forcefully resist an unlawful arrest or detention, and may with reasonable for resist the use of unreasonable force upon you by an officer (See, People v. Curtis, 70 Cal.2d 347 (1969) ) if you do resist or protest you are likely to be beaten and falsely prosecuted for some “resistance offense”.

Some of this is unlawful and outrageous police violence and downright police sadism a natural product of using force upon civilians every day for a living; even legitimately.The police walk around every day with a “Sam Brown Belt” with which they carry items such as: 1) a pistol, 2) a taser, 3) a baton (usually these days collapsible ones or “asps”), 4) peppery-spray, 5) bullets, 6) handcuffs, 7) police radio 8) recording device and 9) handcuffs. That is a lot of hardware. They also now usually carry AR-15 high powered rifles, rather than the traditional police shotguns. So, the average cop is armed to the teeth.

Some of this is the result of the United States being in a war in the Middle East since 2001. The United

States invaded Afghanistan in 2001 and invaded Iraq in 2003. Because many of the United States Military personnel serving in those wars were Reserves, and because many of those Reserves were and are police officers, many of today’s police officers act as if they were in a war zone. When they perceive a potential threat to them, real, imaginary or contrived, they often just “take out” that threat. Frankly, who can blame them. The use of police SWAT teams is prevalent in this country, even for de minimis threats to anyone. Half of the time that SWAT team is basically practicing (on you; again, for fun). Modern police equipment is often indistinguishable for military garb.

Surprising to most, some of this police sadism and run-away use of unreasonable force is the result of civil and criminal juries constantly siding with the police. Law Enforcement Agencies never admit fault. They never admit that there officer wrongfully shot someone or unlawfully beat someone, or even unlawfully arrested someone. When juries excuse police outrages, the police now may come to believe that such conduct is now permitted. If their agency isn;t going to fault them and the juries won’t either, that really can do just about anything they desire with you. As Lord Acton stated some time ago: “Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men.”

OFFICER’S SAFETY HAS REPLACED YOUR RIGHT TO BE FREE FROM UNREASONABLE SEARCHES AND SEIZURES OF YOUR PERSONS AND PROPERTY.

Police officers usually don’t go “hands on” any more unless the person is handcuffed, or there are multiple officers to beat the person, “in concert”. These days they usually don’t even use their batons. They either tase you or just shoot you. There are no real world consequences for police officers to even murder an innocent; that is so long as no one is lurking in the shadows with a cell phone who video recorded the murder in sufficient detail to not allow the police to make up some phony justification as to why the officer properly shot another. It is not coincidental that the largest Sheriff’s Department in the United States, the Los Angeles County Sheriff’s Department, does not have video recorders in their patrol cars, or video or audio recorders on their persons. They don’t record because the Los Angeles County Sheriff’s Department is a truly brutal agency. It is really that simple. Again, however, if you had not seen or experienced the police outrage and you were just told about it by another, you just would not have believed it.

Moreover, thirty years ago if police officer pointed gun at a person’s head and ordered him to prone-out on the ground, the person was considered “under arrest”, not a mere “detention”. However, because judges in the real world are loathe to exclude incriminating from evidence from a criminal trials, they pervert the contours of those protections that at least used to be afforded to us by the United States Constitution. So, now pointing guns at persons heads and ordering them to prone themselves on the ground, and then kneeing them in their backs or necks or head, handcuffing them and placing them in the back of the police car, all as a precautionary measure for “Officer’s Safety”, is lawful; all because the Judge or Justices didn’t want to exclude the incriminating evidence found on the person when they are searched.

Here is an example. Say that a police officer gets call for a suspicious man wearing a red jacket at a park who is vandalizing park signs. When the police arrive at the scene they don’t have “probable cause” to arrest the man. They only have “reasonable suspicion” of criminality by man; sufficient to “detain” him to either confirm or dispel the officer’s suspicion that the man had vandalized park sign (know as an “investigative detention“).

When the police accost the man at the park point guns at his head, and order him to prone himself on the ground, and drop their knees down onto his back, handcuff him and place the man in the back seat of their patrol car; all as a precautionary measure for “Officer’s Safety”. As they place the man against the car before placing him inside, they entry out the mans pockets and find knife; a knife that happens to turn out to be the weapon that was used to rape and murder a little girl at the park. The police don’t even know that the man raped and murdered a little girl yet or even that there was a little girl murdered at all. The police arrest the man for carrying a concealed weapon and take him to jail.

After the police take the man to jail they learn that there was a little girl who was stabbed to death at the park that day. The police crime lab tests the knife and find a DNA match showing that the knife had the little girl’s blood on it.

The man is then charged with rape and murder by the District Attorney’s Office, and his criminal lawyer makes a motion to suppress (exclude) the knife from evidence at trial on the ground that the arresting officer didn’t have sufficient “probable cause” to have arrested the man at the park when they handcuffed him at gun point, proned him on the ground, kneed him in his back and placed him inside of the police car. Therefore, the full scale search of the man was unlawful because they only had ground to detain but not arrest him, and that knife should be excluded from evidence at trial because it is “the fruit of the poisonous tree“; evidence obtained in violation of the man’s fourth amendment right to be free from an arrest of one in the absence of “probable cause” to have arrested the man. If the knife is excluded from evidence the man will walk free. If the police restrained the man in a manner that exceeded that level of force allowed pursuant to an investigative detention, then he was technically “arrested” when the police pointed their guns at him, proned him on the ground, knee dropped him, handcuffed him and placed him inside of the patrol car.

What will the judge do? If the judge grants the motion to suppress the man walks free even though it is very clear that he was the rapist / murderer. Will the courts then find that the manner of restraint of the man exceeded that allowed pursuant to an investigative detention? Probably not. If they do then they must exclude the knife from evidence at trial and the man walks free, and the politicians (i.e Judges in this instance) are not inclined to do that. So, they usually will now declare that pointing guns at persons not suspected of violent crimes, proning them on the ground, handcuffing them, placing them in police cars and doing full scale searches of the persons and their property, is a reasonable manner of restraint for a detention.

The moral of our story is that case by case, issue by issue, year by year, the courts have allowed the police to use increasingly greater levels of force. Often because they don’t want to exclude evidence at criminal trials, and otherwise because Conservative Judges and Justices are bent on simply allowing the police to ignore longstanding search and seizure rights of the public in the name of officer safety.

POLICE BRUTALITY IS TOLERATED AND ENCOURAGED BY PUBLIC PROSECUTORS BY PROSECUTING INNOCENTS FOR RESISTANCE OFFENSES.

Ask any cop what percentage of Section 148(a)(1) cases (resisting / obstructing / delaying peace officer), Section 69 cases (prevent to deter public officer from performing duty of office via use or threat of violence) Section 243(b) and (c) cases (battery on peace officer) are legitimate, and off the record, they will tell you almost none; maybe one or two percent.

Section 69 is a “wobbler”;  a charge that can be charged as a misdemeanor or a felony. So, when the police beat you badly, or even shoot you, they will often charge you with felony violation of Section 69, for several reasons: 1) it (falsely) makes your conduct look more threatening to the police, the judge and the prosecutor, so as to justify their use of severe violence upon you; 2) since Section 69 can be charged as a felony, the police can require that you post bail before going to court; something that helps drain you financially, and something that often results in the person who was beaten-up by the police, pleading guilty to a crime against the officer, just to get out of jail; a guilty plea that precludes them from suing the officers later-on; 3) if the Section 69 charge is filed by the District Attorney’s Office as a felony, they often are able to get complete innocents to plead guilty to the misdemeanor offense of violation of Section 148(a)(1), which also will more often than not, legally preclude the victim of police violence from being able to successfully sue the police for the beating that they gave their victims.

The police procure your bogus malicious criminal prosecution for those resistance crimes as well as the other favorites; violations of Cal. Penal Code §§ 242 / 243(b) (battery on a peace officer [i.e the suspect struck my fist with his chin], and Cal. Penal Code §§ 240 / 241(c) (i.e. the suspect took an aggressive stance and clinched his fists, so I punched in the face three times and knocked him out), to beat you down; psychologically, emotionally, and especially, financially. After all, if you hire a private lawyer to represent you in court, and the lawyer actually knows how to defend such  bogus criminal actions (i.e. “resistance offenses”), you are going to have to shell-out thousands of dollars; to defend your honor, and to prevent the police from using a bogus conviction for a resistance offense to preclude you from being able to successfully sue them in court. So, because you had the audacity to ask the police officer what’s going on, and why he wants you to prone yourself out on the ground, you not only get “gooned” by the police, but you get criminally prosecute for “resisting / delaying / obstructing a peace officer, battery on a peace officer, or some other “resistance offense.”

Now, that you’re charged with a crime against a police officer, when you were the victim of his bad day disposition, you get it; 99.9% of allegations of battery ON a peace officer, are, in reality, battery BY a peace officer. This is not joke, and no exaggeration. The police routinely procure, or a attempt to procure, the filing of at least a misdemeanor Count of violation of Cal. Penal Code § 148(a)(1); resisting / obstructing / delaying a peace officer engaged in the lawful performance of his/her duties. Section 148(a)(1) is otherwise known in police circles as “Contempt Of Cop“; (i.e. maybe not getting on the ground fast enough, or failing to walk-over to the officer fast enough; some type of failing the attitude test), is in itself, vague, ambiguous and unintelligible. It is used every day to oppress those who voice their dissatisfaction with the police; more often than not, because of abusive and disrespectful conduct by the police.

THE COPS ARE OUT OF CONTROL.

These bogus arrests of victims for “resistance crimes” or “obstruction crimes”, has become a national phenomenon. In a nutshell, the police procurement of bogus criminal charges against the victims, in most cases in the real world, with real people who don’t have unlimited monies to muster a real criminal defense, works. It works if the cops can lie well enough in their reports, to shift the blame to you; the victim of a bully with a badge. It works if the cops can get the District Attorney’s Officer (or City Attorney’s Office or, the Attorney General’s Office), to file a criminal “obstruction offense” against you. It beats you down financially. It causes truly innocent people to plead guilty to crimes against police officers, when they were the victims; often because they can’t make bail, and they would have to spend many months locked-up in jail before their trials.

If you’re convicted of any crime against a peace officer that requires that the officer be lawfully engaged in the performance of his duties; you are often legally precluded from suing to vindicate the violation of your constitutional rights, such as the right to be free from the use of excessive force on your person. These “obstruction crimes” usually almost always include a base allegation of violation of Cal. Penal Code §148(a)(1) (resisting / obstructing / delaying peace officer), since almost any conduct or contact between a civilian and a peace officer can be creatively twisted into some sort of legally peverse claim for violation of that statute. Other “obstruction crime” favorites are battery on a peace officer, Cal. Penal Code §§ 242 / 243(b) (i.e the suspect struck my fist with his chin), Cal. Penal Code §§ 240 / 241 (i.e. the suspect took an aggressive stance and clinched his fists, so I punched in the face three times and knocked him out), Cal. Penal Code §§ 242 / 243(b), and the felony favorite if the cops really don’t like you and want you to have to spend thousands of dollars on bail; Cal. Penal Code § 69 (threat or use of force or violence to deter / prevent public officer from performing duty of office].) The legal theory of your preclusion is two-fold; 1) the doctrine of collateral estoppel, and 2) the policy decision of the Supreme Court to stick-it to you and me; the Heck v. Humphrey preclusion doctrine.

IT REALLY HAS BECOME THAT BAD; CASE EXAMPLE, THE DESERT HOT SPRINGS POLICE DEPARTMENT.

Case In Point; Desert Hot Springs PD:

In the mid-2000’s Desert Hot Springs (California) Police Department Lieutenant David Henderson used to bring two cans of pepper-spray with him during his duty shift, because one can of pepper-spray usually wasn’t enough. In order to get off of a new officer’s probationary period with Lt. Henderson and be a regular DHSPD police officer, one had to “engage”; to beat up someone; innocent or not, when no force was called for at all. They were usually handcuffed. Lt. Henderson eventually was convicted of torturing an arrestee with pepper-spray. He put red WD-40 straws on his pepper-spray cans and stuck the straw up the nose of his victim and then pull the trigger.

Lt. Henderson’s cohort, DHSPD Sgt. Anthony Sclafani was also convicted of torturing prisoners; a woman and a gangster. He stomped, pepper-sprayed and tased his victim and he ended up in federal prison. This was normal at DHSPD in the 2000’s.

DHSPD was so bad that in the Michael Sanchez in-custody death incident (a pursuit case by the Riverside County Sheriff’s Department), after the sheriff’s deputies were done beating Mr. Sanchez they watched Lt. Henderson kick a beating and handcuffed Mr. Sanchez in his testicles (“Like kicking a field goal through the uprights”), and watched Mr. Sanchez die from that kick within a minute. They did nothing about that and neither did the FBI or the Riverside County District Attorney’s Office, who both know the gory details of Mr. Sanchez’ murder in the desert by    the police. This again is no joke. This really happened.

DHSPD was so bad that the department was divided into two camps; the “Meat Eaters” (used force for fun and glory) and the “Lettuce Eaters” (those who didn’t create excuses to beat and torture civilians). Two thirds of the agency were under FBI investigation.

DHSPD was once of the worst departments in the country, but the Riverside County Sheriff’s Department, the Los Angeles County Sheriff’s Department and the San Bernardino County Sheriff’s Department still to this day to not have either patrol car video recording systems, body cams, or even any policy requiring the deputies to audio record their detentions or arrests of civilians.

Other police agencies are not far behind, if at all, DHSPD.

Take the Los Angeles County Sheriff’s Department. The certainly have DHSPD beat in sheer number of total police outrages committed.

There is a “Blue Code of Silence“between and among peace officers throughout the nation, and everyone knows this. This is no startling revelation. The County of Los Angeles has itself released a report Commissioned by the Board of Supervisors, acknowledging the existence of, and actually condemning, the Sheriff’s Department’s own rogue gangs of sadistic jailers at the Los Angeles County Central Men’s

Jail. See, The Citizens Commission on Jail Violence September 28, 2012. A retired Los Angeles County Sheriff’s Department Captain reported to the Los Angeles Times, that the L.A. County Men’s Central Jail was, essentially, a torture chamber, run by these jailer gangs (tattoos of their gang symbols on their ankles and all) of sadistic sociopaths. Discipline for beatings was not existent, and torturing inmates was actually required for jailer gang initiation. See, “L.A. County sheriff’s official tells of jail brutality”, LA Times, July 7, 2012. See also, “L.A. County jail violence sheriff’s fault, panel says“, LA Times, September 28, 2012. Rival Sheriff’s Department jailer gangs even got into a rumble between the “3000 Boys” (the third floor jailers) and the “2000 Boys” (the second floor jailers)at a Sheriff’s Department Christmas party. 

THE LAPD’S MOTTO IS “WE’RE THE BADEST GANG IN

TOWN”.

A recent study of the Los Angeles Sheriffs Department (LASD) that was commissioned by the Los Angeles County Board of Supervisors (“Report of the Citizens Commission on Jail Violence“) actually found that there is a culture   within the Los Angeles Sheriffs Department of various “gangs of officers”, who routinely beat, torture, maim and kill members of the jails, and of the community, for fun; for the honor of the gang. Everybody is a scumbag, and have no rights.

One of those gangs was “the Vikings”, whose “colors” was the Minnesota Vikings Football Team log
tattooed on their lower legs. The Former Undersheriff, Paul Tanaka, was a Viking gang member when he was a Captain at the Lynwood Sheriff’s Station. The Vikings were found by United States District Judge Jesse Curits to be a Neo-Nazi / White Supremacist gang within the ranks of the Los Angles County Sheriff’s Department; See, Thomas v. County of Los Angeles, et al; 978 F.2d 504 (1992).

Some of the LASD gangs of these gangster deputies are: The 3000 Club (the deputies who worked the third floor of the L.A. County Men’s Central Jail), The Grim Reapers, The Little Devils, The Regulators, The Vikings and The Jump Off Boys.

Out Boys. After the FBI had announced that it had infiltrated the Los Angeles County jail and can now prove that the LASD Men’s Jail was essentially a torture chamber, with gangs of sick and sadistic guards, Paul Tanaka still showed his grit, as an LASD “gansta”, by addressing the command staff of the sheriff’s department, about the LASD internal affairs bureau. He mentioned that their were 45 LASD Internal Affairs Bureau investigators, and that was 44 too many (you’re got to have at least one to have a bureau.)

In 2014, six LASD Deputy Sheriffs were convicted of obstructing the FBI’s investigation of the torturing of prisoners at the Los Angeles County Jails. That’s not the end of it. Former LASD Deputy Sheriff Noel Womack pleaded guilty in June of 2015 to federal charges of lying to the FBI about systemic LASD torturing and framing of inmates at the Los Angeles County Jails.

On May 13, 2015 former Los Angeles County Sheriff’s Department Undersheriff Paul Tanaka, along with a retired LASD Captain, were indicted on May 13, 2015 by a federal Grand Jury for Obstructing and Conspiring to Obstruct a federal Grand Jury investigation of the rampant torturing of inmates at the Los Angeles County Jail (See, Paul Tanaka Indictment of May 13, 2015.) Those Indictments also resulted in the resignation of Los Angeles County Sheriff Lee Baca, as Tanaka implicated Baca as having approved the LASD scheme to thwart the FBI investigation of tortures, beatings and murders of inmates by deputies at the L.A. County Jails.

On February 10, 2016, former Los Angeles County Sheriff Lee Baca pleaded guilty to violation of 18 U.S.C. § 1001(a)(2); lying to FBI agents and federal prosecutors investigating the beatings of inmates and visitors at the Los Angeles County Jails. As part of a surprise plea deal with the U.S. attorney’s office, Sheriff Baca admitted that he took an active role in trying to stymie the federal probe into his deputies routinely beating and torturing inmates at the Los Angeles County Jails and in having his deputies hide an FBI informant – jail inmate from his FBI handlers. He admitted  even approving a team of his deputy sheriff’s attempting to interfere with the government’s investigation by threatening an FBI agent at her home with arrest.

Thereafter, on April 6, 2016, former LASD Undersheriff was convicted by a jury of  violation of 18 U.S.C. § 371 (conspiring to obstruct justice) and 18 U.S.C. § 1503(a) (obstructing justice), for not only obstructing an FBI investigation into years of beatings and torturing of inmates at the L.A. County Jail, but also Tanaka and other high ranking Sheriff’s Department officials threatening one of the FBI agents involved in that investigation, with arrest for continuing that investigation. In his trial, Tanaka admitted that he still had the Minnesota Vikings Logo tattoo on his leg; a tattoo that he described as a member in a club; the “Vikings”; a tatoo that the federal courts have held is the gang taoo for a “neo-Nazi white supremacists gang within the Los Angeles County Sheriff’s Department. See, Thomas v. County of Los Angeles, 978 F.2d 504 (1992).

Thereafter, on July 18, 2016, United States District Judge Percy Anderson threw out a plea agreement that would have given former Los Angeles County Sheriff Lee Baca a maximum of six months in prison, saying the sentence was too lenient considering Baca’s role in obstructing an FBI investigation into the county jails. Addressing a downtown courtroom packed with Baca’s supporters, U.S. District Court Judge Percy Anderson said the deal “would trivialize the seriousness of the offenses … the need for a just punishment [and] the need to deter others.”

On December 19, 2016 a mistrial was declared in that federal criminal corruption case against Sheriff Lee Baca. During the two-week trial, prosecutors from the U.S. attorney’s office tried to convince jurors that Baca had played a central role in a scheme carried out by a group of subordinates to thwart an FBI investigation into abuses and corruption by sheriff’s deputies working as jailers. Baca’s lawyers countered he had been unaware of the ploy unfolding beneath him. The panel deliberated for days, with all but one of the 12 jurors ultimately voting to acquit Baca. After the panel announced it was deadlocked, Anderson declared the mistrial.

On January 10, 2017, federal prosecutors announced that they would retry Sheriff Baca. Judge Percy Anderson also granted a request by the U.S. attorney’s office to allow prosecutors to include the charge of making false statements to federal authorities in the retrial. U.S. District Judge Percy Anderson previously split that charge from the obstruction and conspiracy charges Baca faced at his first trial.

On March 16, 2017 Sheriff Lee Baca was convicted for his role in a scheme to block an FBI investigation into mistreatment of inmates in his jails.

One might think, why are these cops acting like Nazis; literally, not metaphorically? Why is this allowed to persist? Things have gotten so bad at the LASD that now the United States Department of Justice Indicted 18 LASD Deputy Sheriffs and their Supervisors on charges ranging from Obstruction of Justice and torturing prisoners.

Nonetheless, the body politic tolerates the existence, and the perpetuation of an ongoing unwritten agreement among and between peace officers, to falsely report, and, if necessary, to thereafter conspire with officers who they may not yet even know, to falsely testify, about event(s), if the potential or apparent criminal, administrative and civil liability of a fellow officer is at stake. After all, in the primary category of cases that truly are “false arrests” in the most malevolent sense of the word, “Contempt of Cop cases”, the only reason that there’s an arrest of a civilian at all, is because the Constable has violated another (i.e. beaten-up / torture); usually to self-medicate rather frail and easily bruise-able egos.

POLICE BRUTALITY, FALSE ARRESTS AND MALICIOUS CRIMINAL PROSECUTIONS.

Wrongful police beatings, accompanied by their sister “false arrests”, are a common and every day occurrence. These beating / arrests are no longer limited to persons of color. Soccer Moms, airline pilots and school teachers, beware: because of the great (and ever expanding) powers being given to police officers by the Supreme Court, described below, in a very real way, you no longer have the right to question, protest or challenge police actions, since to do so usually results in your being physically abused and falsely arrested on trumped of charges of essentially, “Contempt Of Cop”; (i.e. maybe not getting on the ground fast enough, or failing to walk-over to the officer fast enough; some type of failing the attitude test.) These beatings of innocent by police officers is rampant and condoned and defended by the command structure of most, if not all, modern police agencies. See, Orange County Sheriff’s Department police torture videos, and other police beating videos throughout the Country. There is a “Blue Code of Silence” between and among peace officers throughout the nation, and everyone knows this. This is no startling revelation. The County of Los Angeles has itself released a public document, acknowledging the existence of, and actually condemning, the Sheriff’s Department’s own rogue gangs of sadistic jailers at the Los Angeles County Central Men’s Jail. See, The Citizens Commission on Jail Violence September 28, 2012.

IN CALIFORNIA, A POLICE OFFICER CAN BEAT-UP OR MURDER ANYONE THAT THEY WANT TO, ANY TIME THAT THEY WANT TO, WHILE ON-DUTY.

The use of unreasonable and unlawful force in America is so rampant, that in these modern times, at least in California, a police officer can murder anyone that they want to, any time that they want to. Juries are very reluctant to convict police officers for any sort of duty related actions, such as shooting civilians. In 2010, the Los Angeles County Sheriff’s Department Shot 15 Unarmed People To Death – “Perception Shootings”. See p. 56 of the Los Angeles County Sheriff’s Department 30th Semi-Annual Report to the Los Angeles County Board of Supervisors.

All that the police officers need to say is the they were afraid for their lives because their shooting victim had his hands in his pockets, or that his hands were under his body and wouldn’t show them to the officer, or that he was reaching for his waistband area. The modern police line is that if an officer either can’t see your hands or if you reach for you waist or pockets, that it’s okay to shoot the person. This is no joke. None of the shootings of the fifteen unarmed people who were shot to death by the LA Sheriff’s Department in 2010 were found by the department to have violated department policy. Moreover, none of those deputies were criminally prosecuted for those shootings; even when witnesses have come forward and disputed the deputies’ claims as to what happened.

These homicides by police officer aren’t just limited to shootings. For example, on January 13, 2014, an Orange County, California, Superior Court jury acquitted two Fullerton Police Department officers of murdering / using unreasonable force on the mentally-ill son of a former Orange County Sheriff’s Department Deputy Sheriff; Kelly Thomas. The beating death was audio and video recorded, and no reasonable human being could have believed that the beating death was justified. The video recording shows two sadistic police officers, beat Kelly Thomas to death. However, the defense was able to show the jury two prior incidents that made the jury simply not care that Kelly Thomas was wrongfully beat to death; the testimony about his having previous struck his grandfather, and testimony about his mother obtaining a restraining order against him. Remember, this was a mentally ill young man, who had his moments. They were able to do this, because California Evidence Code Section 1103 permits a criminal defendants to show the character of the alleged victim of their crime, to prove that the victim has a certain character, and that the victim acted in conformity with that character during the incident complained of; the one that the criminal defendant is being prosecuted for.

The Los Angeles Police Departments (LAPD’s) motto is: Were the badest gang in town. One might think, why are these cops acting like Nazis? Why is this allowed to persist?

Nonetheless, the body politic tolerates the existence, and the perpetuation of an ongoing unwritten agreement among and between peace officers, to falsely report, and, if necessary, to thereafter conspire with officers who they may not yet even know, to falsely testify, about event(s), if the potential or apparent criminal, administrative and civil liability of a fellow officer is at stake. After all, in the primary category of cases that truly are “false arrests” in the most malevolent sense of the word, “Contempt of Cop cases“, the only reason that there’s an arrest of a civilian at all, is because the police officer has beaten-up / tortured another; usually to self-medicate rather their frail and easily bruise-able egos. If you’re reading this article, the odds are, that either you or a loved one or friend has been beaten-up by the police and are being criminally prosecuted for allegedly battering the officer or somehow “resisting” the officer.

Orange County, California had a Sheriff’s Department that was run by creepy Sheriff Mike Carona, who is presently in federal prison for witness tampering (instructing witness to lie to Grand Jury.) Until Sheriff Carona went to prison, Orange County was a fantasy assignment for those truly sadistic peace officers, who “get-off” on beating inmates and arrestees.

Modern police agencies are afraid of losing their “power” in, and over, a community. That “power” base (i.e. ability to influence the politicians and the public), is based in large part, on the public “supporting the police”. That popular support is based upon a belief by the body politic, that: 1) police officers are well trained and know and respect your Constitutional rights, 2) they’re basically honest, 3) that only a small percentage of them would commit perjury, 4) that the force that the police use on people is almost always justified (if not legally, then morally), and 5) that the police are capable of policing themselves. Although none of these beliefs are accurate, one cannot ignore the belief system of the majority of the white / affluent American populace, in understanding why police officers routinely, and without a second thought, falsely arrest civilians, and commit other outrages against innocents.

LEGALLY, WHAT IS EXCESSIVE / UNREASONABLE FORCE?

Prior to 1989, the federal courts looked to the substantive due process clause of the Fourteenth Amendment to the Constitution to “pigeon hole” claims of excessive force by a peace officer against civilians. See, Johnson v. Glick, 481 F.2d 1028 (2nd Cir. 1973.) That standard was that the conduct of the police officer had to be “shocking to the conscience”; the standard still used for those uses of force by a police officer that don’t involve efforts by police to use force against civilians to seize them, such as arresting or detaining civilians. Johnson v. Glick involved the use of force by prison guards against a convict; not either a free civilian that an officer is trying to “seize” (detain or arrest), or a “pre-trial detainee“; someone who has already been “seized” (i.e. arrested, and in the County Jail; awaiting arraignment, other pre-trial proceedings, or trial.)

However, when it comes to a police officer using force to arrest or detain another, the standard for the use of force is decreed by the Supreme Court, to emanate out of the Fourth Amendment’s prohibition against unreasonable searches and seizures.

The Fourth Amendment to the United States Constitution provides:

“Amendment IV.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Thus, the Fourth Amendment’s prohibition against unreasonable searches and seizures is, since 1989, the legal standard by which to judge whether a police officer used excessive force when seizing a civilian.

What Is Excessive / Unreasonable Force?

The United States Supreme Court has defined “Excessive Force”as follows:

“Where, as here, the excessive force claim arises in the context of an arrest or investigatory stop of a free citizen, it is most properly characterized as one invoking the protections of the Fourth Amendment, which guarantees citizens the right “to be secure in their persons . . . against unreasonable . . . seizures” of the person . . . . . . . Determining whether the force used to effect a particular seizure is “reasonable” under the Fourth Amendment requires a careful balancing of ” ‘the nature and quality of the intrusion on the individual’s Fourth Amendment interests’ ” against the countervailing governmental interests at stake. Id., at 8, 105 S.Ct., at 1699, quoting United States v. Place, 462 U.S. 696, 703, 103 S.Ct. 2637, 2642, 77 L.Ed.2d 110 (1983). Our Fourth Amendment jurisprudence has long recognized that the right to make an arrest or investigatory stop necessarily carries with it the right to use some degree of physical coercion or threat thereof to effect it. See Terry v. Ohio, 392 U.S., at 22-27, 88 S.Ct., at 1880-1883. Because “the test of reasonableness under the Fourth Amendment is not capable of precise definition or mecha ical application,” Bell v. Wolfish, 441 U.S. 520, 559, 99 S.Ct. 1861, 1884, 60 L.Ed.2d 447 (1979), however, its proper application requires careful attention to the facts and circumstances of each particular case, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether he is actively resisting arrest or attempting to evade arrest by flight. See Tennessee v. Garner, 471 U.S., at 8-9, 105 S.Ct., at 1699-1700 (the question is “whether the totality of the circumstances justifies a particular sort of . . . seizure”).” (See, Graham v. Connor, 490 U.S. 386 (1989.))

“The “reasonableness” of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight. See Terry v. Ohio, supra, 392 U.S., at 20-22, 88 S.Ct., at 1879-1881. The Fourth Amendment is not violated by an arrest based on probable cause, even though the wrong person is arrested, Hill v. California, 401 U.S. 797, 91 S.Ct. 1106, 28 L.Ed.2d 484 (1971), nor by the mistaken execution of a valid search warrant on the wrong premises, Maryland v. Garrison, 480 U.S. 79, 107 S.Ct. 1013, 94 L.Ed.2d 72 (1987). With respect to a claim of excessive force, the same standard of reasonableness at the moment applies: “Not every push or shove, even if it may later seem unnecessary in the peace of a judge’s chambers,” Johnson v. Glick, 481 F.2d, at 1033, violates the Fourth Amendment. The calculus of reasonableness must embody allowance for the fact that police officers are often forced to make split-second judgments in circumstances that are tense, uncertain, and rapidly evolving about the amount of force that is necessary in a particular situation.

As in other Fourth Amendment contexts, however, the “reasonableness” inquiry in an excessive force case is an objective one: the question is whether the officers’ actions are “objectively reasonable” in light of the facts and circumstances confronting them, without regard to their underlying intent or motivation. See, Scott v. United States, 436 U.S. 128, 137-139, 98 S.Ct. 1717, 1723-1724, 56 L.Ed.2d 168 (1978); See also, Terry v. Ohio, supra, 392 U.S., at 21, 88 S.Ct., at 1879 (in analyzing the reasonableness of a particular search or seizure, “it is imperative that the facts be judged against an objective standard”). An officer’s evil intentions will not make a Fourth Amendment violation out of an objectively reasonable use of force; nor will an officer’s good intentions make an objectively unreasonable use of force constitutional. See, Scott v. United States,supra, 436 U.S., at 138, 98 S.Ct., at 1723, citing United States v. Robinson, 414 U.S. 218, 94 S.Ct. 467, 38 L.Ed.2d 427 (1973).

In Graham, we held that claims of excessive force in the context of arrests or investigatory stops should be analyzed under the Fourth Amendment‘s objective reasonableness standard, not under substantive due process principles. 490 U.S., at 388, 394. Because police officers are often forced to make split-second judgments in circumstances that are tense, uncertain, and rapidly evolving about the amount of force that is necessary in a particular situation, id., at 397, the reasonableness of the officers belief as to the appropriate level of force should be judged from that on-scene perspective. Id., at 396. We set out a test that cautioned against the 20/20 vision of hindsight in favor of deference to the judgment of reasonable officers on the scene. Id., at 393, 396. Graham sets forth a list of factors relevant to the merits of the constitutional excessive force claim, requir[ing] careful attention to the facts and circumstances of each particular case, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether he is actively resisting arrest or attempting to evade arrest by flight. Id., at 396. If an officer reasonably, but mistakenly, believed that a suspect was likely to fight back, for instance, the officer would be justified in using more force than in fact was needed. (See, Saucierv. Katz, 533 U.S. 194 (2001), Kennedy, J.)

The federal courts have reduced all of this legal gobbledygook to jury instructions, that, supposedly, a person of regular intelligence can understand. The Ninth Circuit Court of Appeals Jury Instruction for excessive force instructs the jury:

“Ninth Circuit Model Civil Jury Instructions

9.25 PARTICULAR RIGHTS—FOURTH AMENDMENT—UNREASONABLE SEIZURE OF PERSON—EXCESSIVE (DEADLY AND NONDEADLY) FORCE

In general, a seizure of a person is unreasonable under the Fourth Amendment if a police officer uses excessive force [in making a lawful arrest] [and] [or] [in defending [himself] [herself] [others]. Thus, in order to prove an unreasonable seizure in this case, the plaintiff must prove by a preponderance of the evidence that the officer[s] used excessive force when [insert factual basis of claim].

Under the Fourth Amendment, a police officer may only use such force as is “objectively reasonable” under all of the circumstances. In other words, you must judge the reasonableness of a particular use of force from the perspective of a reasonable officer on the scene and not with the 20/20 vision of hindsight.

In determining whether the officer[s] used excessive force in this case, consider all of the circumstances known to the officer[s] on the scene, including;

1) The severity of the crime or other circumstances to which the officer[s] [was] [were] responding;

2) Whether the plaintiff posed an immediate threat to the safety of the officer[s] or to other;

3) Whether the plaintiff was actively resisting arrest or attempting to evade arrest by flight;

4) The amount of time and any changing circumstances during which the officer had to determine the type and amount of force that appeared to be necessary;

5) The type and amount of force used;

6) The availability of alternative methods [to take the plaintiff into custody] [to subdue the plaintiff;]

7) Other factors particular to the case.]“

THE PROBLEM WITH GRAHAM’S “REASONABLE OFFICER STANDARD” IN THE REAL WORLD – THE WATCHMAN GETS TO MAKE HIS OWN RULES THAT REGULATE HIS OWN CONDUCT.

When asked about a 1974 Papal Encyclical by Pope Paul VI, condemning the use of contraception, former Secretary of Agriculture Earl Butz stated: “He don’t play-a-da game; he don’t make-a-da rules.” In the police profession, they do play that “game”, and now they get to “make-a-da rules.” The problem with the description of how “excessive force” is defined, is not the Supreme Court’s strong emphasis on the officer’s conduct being based on an “objective” standard; they hypothetical reasonable officer in the abstract. The problem is, that the standards in the police profession for what is “reasonable” or otherwise proper police conduct in a given situation, are generally neither the creature of legislation (i.e. state law requiring the audio recording of custodial police interrogations) nor the product of any judicially created mandate, duty, or prohibition (i.e. Constitutional limits on conduct and judicially created “exclusionary rule”.) The conduct of “the objectively reasonable officer”; that standard that the Supreme Court attempted to describe in Graham v. O’Connor and Saucier v. Katz, is created by the very persons whose conduct the Fourth Amendment is supposed to impose limits on. Thus, in a very real sense, the Supreme Court has set the standard (“objectively reasonable officer”) that the Fourth Amendment requires, but has delegated the details of what’s reasonable or not, to the police.

It’s letting the regulated enact their own regulations. It’s like letting the local power company, set the rate of profit that they should make; set the formula for how the amount of profit is determined; set how much they can spend on public relations (since they’re a monopoly), and how, when, by whom and in what manner, they should be inspected, what they can and can’t do in their industry, and every other aspect of the business. If they want to all use tasers on civilians, then that’s reasonable. If they all want to pepper-spray persons because their hands in their pockets, then that’s reasonable. If they want to prone-out everyone at gun point that they detain, then that’s reasonable. At the end of the day, in the real world police world, if the technique, method, procedure, policy or practice reduces the danger level to the officer, you can bet that, eventually, they will find a way to justify such technique, method, procedure, policy or practice , and make such otherwise unreasonable behavior, “reasonable”, for no other reason than the police would prefer to act that way; Constitutional or not. You see the problem. The police have an old slogan: “It’s better to be judged by 12, then carried by 6.” It’s another way of saying, I’ll act in a way that is in my self interest; not yours, and if I happen to trample your Constitutional rights, so be it. My insuring my safety from any potential threat trumps any annoying Constitutional rights of yours.

THE PROBLEM OF QUALIFIED IMMUNITY, COMPOUNDS THE PROBLEM CREATED BY GRAHAM

In a nutshell, the Qualified Immunity is an immunity from a lawsuit (from being sued at all) for violation of a civilian’s Constitutional rights, when those rights were actually violated, but a reasonably well trained police officer could have believed that his conduct did not constitute a Constitutional violation. So, even if the police officer actually violated your Constitutional Rights, he/she may be immune from suit, because the law was not clearly established enough at the time of the violation, to hold a police officer liable for his conduct. This is a doctrine “contrived” by the conservative members of the Supreme Court (since 1981), to ensure that you can’t do anything about (or at least do a whole lot less about) your Constitutional Rights being trampled by the government.

The Perversion, Ad Nauseam, Of The Qualified Immunity Doctrine, To Protect Peace Officers From Civil Liability; “Reasonably Acting Unreasonably”

So, for example, if the police come-up with a whole new technique to restrain people, such as a with a taser, or pepper-spray, or pepper-balls, or water-balls, or hobbling (police hog tying), or a shock-belting, or stun-gunning, the officer may very well be entitled to qualified immunity from being sued for the misuse of any of the above-mentioned devices; not because its “reasonable”, but because the police just use those devices in such manners; thereby giving the Courts an excused to relieve the police officer from liability for the damage caused by his violation of the Constitutional Rights of civilians:

“Qualified immunity is an entitlement not to stand trial or face the other burdens of litigation. Saucier v. Katz,533U.S. 194, 200 (2001) (quoting Mitchell v. Forsyth, 472 U.S. 511, 526 (1985)) . . . Accordingly, we must resolve immunity questions at the earliest possible stage in litigation. Pearson, 129, S.Ct.at 815.

An officer will be denied qualified immunity in a 1983 action only if (1) the facts alleged, taken in the light most favorable to the party asserting injury, show that the officers conduct violated a constitutional right, and (2) the right at issue was clearly established at the time of the incident such that a reasonable officer would have understood her conduct to be unlawful in that situation. Saucier, 533 at 201-02; Liberal v. Estrada, 632 F.3d 1064, 1076 (9th Cir. 2011.) To assist the development of constitutional precedent, we exercise our sound discretion to follow Saucier’s conventional two-step procedure and address first whether the Torres Family has alleged the violation of a constitutional right. See, Pearson, 129 S.Ct. at 818.

The qualified immunity analysis involves two separate steps. First, the court determines whether the facts show the officers conduct violated a constitutional right. Saucier v. Katz, 533 U.S. 194, 201 (2001.) If the alleged violate a constitutional right, then the defendants are entitled to immunity and the claim must be dismissed. However, if the alleged conduct did violate such a right, then the court must determine whether the right was clearly established at the time of the alleged unlawful action. Id.

A right is clearly established if a reasonable official would understand that what he is doing violates that right. Id., at 202. If the right is not clearly established, then the officer is entitled to qualified immunity. While the order in which these questions are addressed is left to the courts sound discretion, it is often beneficial to perform the analysis in the sequence outlined above. Pearson v. Callahan, 129 S.Ct. 808, 818 (2009.) Of course, where a claim of qualified immunity is to be denied, both questions must be answered.

When determining whether there are any genuine issues of material fact at the summary judgment stage, the court must take all facts in the light most favorable to the non-moving party. In the context of qualified immunity, determinations that turn on questions of law, such as whether the officers had probable cause or reasonable suspicion to support their actions, are appropriately decided by the court. Act Up!/Portland v. Bagley, 988 F.2d 868, 873 (9th Cir. 1993.)

However, a trial court should not grant summary judgment when there is a genuine dispute as to the facts and circumstances within an officers knowledge or what the officer and claimant did or failed to do. Id. (Saucier v. Katz, supra.)”

QUALIFIED IMMUNITY IS A SELF-FULFILLING POLICY; THE COURT’S DON’T PROVIDE EITHER REASONABLY DISCERNIBLE GUIDELINES, OR CLEAR BORDER TYPE RULINGS.

The problem with the description of how “excessive force” is defined, is not the Supreme Courts strong emphasis on the officers conduct being based on an objective standard; the hypothetical reasonable officer in the abstract. The problem is, that the standards in the police profession for what is reasonable or otherwise proper police conduct in a given situation, are generally neither the creature of legislation (i.e. state law requiring the audio recording of custodial police interrogations) nor the product of any judicially created mandate, duty, or prohibition (i.e. Constitutional limits on police conduct, such as the judicially created exclusionary rule.) The conduct of the objectively reasonable officer; that standard that the Supreme Court attempted to describe in Graham v. Connor and Saucier v. Katz, is created by the very persons whose conduct the Fourth Amendment is supposed to impose limits on. Thus, in a very real sense, the Supreme Court has set the standard (objectively reasonable officer) that the Fourth Amendment requires, but has delegated the details of what’s reasonable or not, to the police.

This is quite problematic, as the Bill of Rights was created for the Courts to protect us from the police / government, so when the police define “what’s reasonable force”, in a very real way, the Fourth Amendment to the United States Constitution, one of those rights in the Bill of Rights, is defined by the police, rather than the Courts. There are cases where the Courts will step-in and ban a particular police practice, but those cases are far and few between, and when the Courts do so, they often create more of legal mess than existed before such judicial intervention. See, for example, the trilogy of Ninth Circuit Court of Appeals taser cases.

TASER CASES GONE WILD.

See, for example, the trilogy of Ninth Circuit Court of Appeals taser cases. In the first case, Bryan v. McPherson (9th Circuit 12/28/09), the Ninth Circuit Court of Appeals held that using a taser on a man in his underwear who was 20 feet away and merely verbally going-off on the police officers, was so obviously unlawful, that no reasonably well trained police officer could have believed that it was constitutional to tase the man.

Two weeks later, in Mattos v. Argarano (9th Cir. 1/12/10), another three judge panel of the Ninth Circuit Court of Appeals held that the police tasing of a domestic violence victim did not constitute unreasonable force, since the police were trying to grab the her husband, and she happened to just be between the man and the police.

The Mattos court held that their decision didn’t conflict with the Bryan v. McPherson (9th Circuit 12/28/09), because the use of the taser in that case was so obviously unreasonable, that the defendant police officers would not be entitled to qualified immunity from suit.

Thereafter, two and one-half months later in Brooks v. City of Seattle (9th Cir. March 26, 2010), the Ninth Circuit held that it didn’t constitute the use of unreasonable force for a police officer to tase a pregnant woman three times in her neck to get her out of her car.

Having now painted themselves into a corner, the Ninth Circuit decided to grant “en banc review” of all three 2010 taser cases; one en banc panel of judges decided the rehearings of the Mattos v. Argarano and Brooks v. City of Seattle cases, and one en banc panel reheard the Bryan case. The results were almost as confounding, as were the original wrongly decided decisions. In the Mattos and Brooks cases, the Ninth Circuit held that although the defendant police officers did violate the plaintiffs’ Constitutional right to be free from the use of unreasonable force upon their persons (i.e. the tasers), that the officers were nonetheless entitled to qualified immunity from suit, because the law on the use of tasers was not clearly established at the time of the Constitutional violations:

We now hold that, although Plaintiffs in both cases have alleged constitutional violations, the officer Defendants are entitled to qualified immunity on Plaintiffs 1983 claims because the law was not clearly established at the time of the incidents.

In the rehearing on the Bryan v. McPherson case, the Ninth Circuit reversed themselves, and awarded qualified immunity to the defendant officers; also because the law regarding the use of tasers was not clearly established at the time of the Constitutional violations:

“Officer MacPherson appeals the denial of his motion for summary judgment based on qualified immunity. We affirm the district court in part because, viewing the circumstances in the light most favorable to Bryan, Officer MacPhersons use of the taser was unconstitutionally excessive. However, we reverse in part because the violation of Bryans constitutional rights was not clearly established at the time that Officer MacPherson fired his taser at Bryan on July 24, 2005.”

In the Ninth Circuit’s first taser case, Bryan v. McPherson(9th Cir. 09), the Ninth Circuit Court of Appeals held that using a taser on a man in his underwear who was 20 feet away and merely verbally going-off on the police officers, was so obviously unlawful, that no reasonably well trained police officer could have believed that it was constitutional to tase the man.

Two weeks later, in Mattos v. Argarano (9th Cir. 1/12/10), another three judge panel of the Ninth Circuit Court of Appeals held that the police tasing of a domestic violence victim did not constitute unreasonable force, since the police were trying to grab the her husband, and she happened to just be between the man and the police. The Mattos court held that their decision didn’t conflict with the Bryan v. McPherson (9th Circuit 12/28/09), because the use of the taser in that case was so obviously unreasonable, that the defendant police officers would not be entitled to qualified immunity from suit.

Thereafter, two and one-half months later in Brooks v. City of Seattle (9th Cir. March 26, 2010), the Ninth Circuit held that it didn’t constitute the use of unreasonable force for a police officer to tase a pregnant woman three times in her neck to get her out of her car. Having now painted themselves into a corner, the Ninth Circuit decided to grant “en banc review” of all three 2010 taser cases; one en banc panel of judges decided the rehearings of the Mattos v. Argarano and Brooks v. City of Seattle cases, and one en banc panel reheard the Bryan case. The results were almost as confounding, as were the original wrongly decided decisions. In the Mattos and Brooks cases, the Ninth Circuit held that although the defendant police officers did violate the plaintiffs’ Constitutional right to be free from the use of unreasonable force upon their persons (i.e. the tasers), that the officers were nonetheless entitled to qualified immunity from suit, because the law on the use of tasers was not clearly established at the time of the Constitutional violations:

“We now hold that, although Plaintiffs in both cases have alleged constitutional violations, the officer Defendants are entitled to qualified immunity on Plaintiffs 1983 claims because the law was not clearly established at the time of the incidents.”

In the rehearing on the Bryan v. McPherson case, the Ninth Circuit reversed themselves, and awarded qualified immunity to the defendant officers; also because the law regarding the use of tasers was not clearly established at the time of the Constitutional violations:

“Officer MacPherson appeals the denial of his motion for summary judgment based on qualified immunity. We affirm the district court in part because, viewing the circumstances in the light most favorable to Bryan, Officer MacPhersons use of the taser was unconstitutionally excessive. However, we reverse in part because the violation of Bryans constitutional rights was not clearly established at the time that Officer MacPherson fired his taser at Bryan on July 24, 2005.”

So, what is the lesson of the “Taser Trilogy”; everyone is full of it; everyone.

WHY THE POLICE CRIMINALLY PROSECUTE THEIR VICTIMS; THE ROOT OF MOST FALSE ARRESTS.

Unfortunately, because of institutional pressures (i.e. “ratting out fellow officer not a good career move), and the obvious political and practical consequences of not backing-up the their fellow officers, the norm in todays police profession, is for peace officers to falsely arrest their “victims”, and to author false police reports to procure the bogus criminal prosecutions (i.e. to literally “frame” others) of those civilians whose Constitutional rights and basic human dignity have been violated; to justify what they did, and to act in conformity with that justification. The excessive force victims get criminally prosecuted, for crimes that they didn’t commit; usually for crimes such as “Resisting / obstructing / delaying a peace officer in the lawful performance of their duties (Cal. Penal Code § 148(a)(1)), assault on a peace officer (Cal. Penal Code § 240 / 241), “battery on a peace officer (Cal. Penal Code § 242 / 243(b); which is almost always, in reality, battery by a peace officer; otherwise known as “Excessive Force” or “Unreasonable Force”),and resisting officer with actual or threat of violence (Cal. Penal Code § 69.) Section 69 is a “wobbler” under California law; a crime that the government can charge as either a misdemeanor or a felony. This charge is usually reserved for cases in which the police use substantial force on the innocent arrestee (the real “victim”), and need to falsely claim more violent / serious conduct by the “victim” to justify their outrages.

So, for example, the crime of “battery on a peace officer” (Cal. Penal Code § 242 / 243(b)), is almost always, in reality, “battery by a peace officer”; otherwise known as “Excessive Force”; an “unreasonable seizure” of a person under the Fourth Amendment to the United States Constitution (See, Graham v. Connor, 490 U.S. 386 (1989).)

If you have been the victim of Excessive Force by a police officer, please check our Section, above, entitled: “What To Do If You Have Been Beaten-Up Or False Arrested By The Police“. Also, please click on “Home“, above, or the other pages shown, for the information or assistance that we can provide for you. If you need to speak with a lawyer about your particular legal situation, please call the Law Offices of Jerry L. Steering for a free telephone consultation.

SUING POLICE OFFICERS IN FEDERAL COURT FOR VIOLATING YOUR CONSTITUTIONAL RIGHTS; ENFORCING THE FOURTEENTH AMENDMENT.

The keys to the federal courthouse is something call “federal question jurisdiction“. “Federal question jurisdiction” entitles a person whose federal constitutional rights were violated by persons acting “under the color of state law”, to sue under federal law, including in federal court itself, for redress. A typical situation involves a peace officer (i.e. deputy sheriff, police officer) violating the federal Constitutional rights of a civilian by using unreasonable force upon them and/or by falsely arresting them, and thereafter procuring their malicious criminal prosecution; today’s norm.)

The federal court venue was traditionally very important to the enforcement of the Fourteenth Amendment, because black persons of African descent couldn’t get a fair trial in Southern state Superior Courts following the Civil War (that ended in late April of 1865.) Although starting-out as a Post-Civil War Southern “social organization”, the “Ku Klux Klan” soon became the local Southern “Sheriff and his deputized posse”, who terrorized and murdered black persons of African descent while acting “under the color of state law”; under the authority of the Sheriff.

Imagine a “black widow” (not the spider type) suing the local Sheriff and his posse members for murdering her husband in a Post-Civil War Southern state Superior Court, where the judge and the jury members were either part of the murdering mob, or relatives and friends of those who were. Unless black persons had a remedy in a United States District Court, as a practical matter they had no remedy at all.