Category: Jerry Steering Misc Cases in California

Huntington Beach Police Brutality Attorney

Police Misconduct AttorneyHuntington Beach Police Brutality Attorney

Jerry L. Steering is a Police Misconduct Attorney who sues police officers and deputy sheriffs, for, among other things, false arrests, excessive force and malicious criminal prosecutions. Of all of the police departments in Orange County, California, the Huntington Beach Police Department has a reputation for being one of the most brutal police agencies.

One of Mr. Steering’s first Police Misconduct cases in California, was for a man named Michael Markell, who was beaten by a Huntington Beach Police Department police officer named Wiley Weston. Officer Weston’s father was a Huntington Beach Police Department police officer, and his son Wiley Weston was apparently a legacy hire by the Department.

Although Wiley Weston was eventually fired by the Huntington Beach Police Department for torturing DUI arrestees with his stun gun at the Huntington Beach Police Department station, before he was fired, he brutally beat Mr. Markell over a speeding violation on the Pacific Coast Highway.

Things at the Huntington Beach Police Department has not changed. That agency still routinely beats and literally tortures innocents for “failing the attitude test”; for “contempt of cop”. Police brutality, usually for sadistic motives, is alive and well in Surf City USA.

Huntington Beach Police Department Police Officers Commit Constitutional Violations, Such as Excessive Force, Often for Sadistic Reasons.

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].)

LEGAL EDUCATION AND PUBLICATIONS.

University of Georgia School of Law (founded 1859)

Having attended the University of Georgia School of Law (J.D. 1984), and having taken and passed the February 1984 Georgia Bar Exam in his last semester of Law School (while Clerking at a law firm full time and attending law school full time), in June of 1984 Mr. Steering began defending criminal cases for the law firm of Scott & Quarterman, of Athens, Georgia; the same law firm that he clerked for, full-time, for.

Since 1984 (in California since 1986) he has tried and litigated hundreds of criminal cases, including murder cases, manslaughter cases, assault and battery cases, towing industry related auto-theft / extortion cases (i.e. drop fees), drug possession / drug manufacturing cases, vehicular homicide cases, white-collar investor fraud cases, sex-offender or drug addict registration cases, violations of court order cases, domestic violence cases, towing industry cases, and the entire spectrum of various criminal violations.

Mr. Steering is also a published legal scholar, and has a published Law Review Article about a logical quandary of federal evidentiary law: the disparity in the use of “accomplice accusations” between Fourth Amendment scrutiny of “accomplice accusations” (i.e. typically deemed “reliable” enough to obtain search warrant or arrest warrant), and Sixth Amendment scrutiny of the very same statement (i.e. accomplice accusation generally held inherently unreliable for “Sixth Amendment Confrontation Clause” purposes. In fact, these statements have been held to be so inherently unreliable that Congress could not even have meant to have included them with the ambit of the Declaration Against Penal Interest exception to the hearsay rule [804(b)(3)].) See, “The Application Of Sixth Amendment Tests For The Reliability Of Hearsay Evidence To Probable Cause Determinations, Steering and Ponsoldt, 16 Rutgers Law Journal 869 (1985).
THE HUNTINGTON BEACH POLICE DEPARTMENT HAS BEEN BEATING INNOCENTS AND FRAMING THEM FOR MANY YEARS NOW. THE RANK AND FILE DO NOT WANT THEIR CONDUCT TO BE RECORDED.

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.

Sorry to burst your bubble Huntington Beach, but commensurate with their long tradition, the Huntington Beach Police Department is exceptionally brutal, and will almost never pass-up an opportunity to “tune up” anyone who dare not jump fast enough when they bark, or who challenges the officer’s unreasonable “orders” to them (i.e. Get over here and “shut the f–k up”; Sit on the curb and “shut the f–k up”; Get on the ground and “shut the f–k up”; all supposedly for officer safety.) In Huntington Beach, its all too often Friday or Saturday night at the fights; except the only ones fighting are the police; the other involuntary participant, is doing more of covering-up, while the police street gangs roam Surf City’s streets.

Huntington Beach Police Department officers are especially brutal. They revel in beating-up innocents and procuring your malicious criminal prosecution for some “resistance offense”. This is not lefty propaganda.

HBPD Chief Robert Handy is running into resistance by his officers to recording their conduct and in doing actual internal affairs investigations

Throughout 2017 the Huntington Beach Police Department has been fighting efforts by Chief Robert Handy and a 4-3 Majority of the City Council in purchasing 50 body cam recorders for HBPD patrol officers. In his response to the police association “vote of no confidence”; HBPD Chief Handy stated that the Huntington Beach is one of few police departments without either body cameras or dashboard devices. He also stated that although the officers have belt-worn audio recorders, they are rarely used.

“We’re way behind other departments in documenting and recording the work that officers do,” he said. “In fact, we’re at the bottom.”

INTRODUCTION: MOST FALSE ARRESTS ARE EFFORTS BY POLICE OFFICERS. ALONG WITH THEIR PROTECTORS AT THE DISTRICT ATTORNEY’S OFFICE, TO PROTECT THEMSELVES FROM CIVIL, CRIMINAL AND ADMINISTRATIVE LIABILITY, FOR WRONGFUL ACTS COMMITTED BY THEM.

Police Misconduct is rampant and condoned and defended by the command structure of most, if not all, modern police agencies.

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 (SeePeople 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

Police Officers who served in War Zones

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.”

William Rehnquist, Associate Justice 1971 – 1986, Chief Justice 1986 – 2005; the Justice who led the Criminal Procedure Counter-Revolution and took the Supreme Court over the edge; to allow the seizure of persons who are not suspected of anything, merely to enhance officer’s safety, in direct conflict with the clear language of the 4th amendment to the U.S. Constitution.

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.

San Bernardo County District Attorney Michael Ramos established his Crimes Against Peace Officer Unit (“CAPO”) to prosecute the victims of police abuse, to protect the police from liability for their outrages

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.

DHSPD Sgt. Anthony Sclafani was sentenced to federal prison for torturing prisoners

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

Los Angeles police beat a boy for skateboarding on the wrong side of the street

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.

Tattoo on member of the “3000 Club”; the gang of deputies who work on the third floor of the Los Angeles County Men’s Central Jail.

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.

LASD Undersheriff Paul Tanaka following his conviction for obstruction of federal investigation

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.”

United States District Judge Percy Anderson

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.

Los Angeles County Sheriff Lee Baca

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. SeeThe 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.

Chief Charlie Beck never admits fault by the LAPD

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:

Associate Justice Anthony Kennedy; author of the Supreme Court’s Graham v. Connor Opinion that held that the use of unreasonable force by a police officer is an unreasonable seizure of a person under the Fourth Amendment to the United States Constitution in 1989

“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. Connor490 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. California401 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, supra392 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:

William Rehnquist
Associate Justice 1971 – 1986, Chief Justice 1986 – 2005

“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.

Circuit Kim McLane Wardlaw wrote Majority Opinion in Bryan v. McPherson

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.

Judge Richard A. Paez wrote Majority Opinion in Mattos v. Agarano

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.

Circuit Judge Cynthia Holcomb Hall wrote Majority Opinion in Brooks v. City of Seattle

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.

San Bernardino County District Attorney Michael Ramos prosecutes the innocent victims of police outrages instead of the officers whom committed serious crimes against them

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.

Law Offices of Jerry L. Steering

Jerry L. Steering, Esq.

Why Police Officers Do Not Want Their Conduct Recorded

Ask the average American why people become police officers, and they will almost invariably tell you “to serve and protect.” They are conditioned to believe this even though it’s just not so. This frame of mind must stop if we are to again become a free people. Presently, we are not. You may not feel the boot of oppression pressing down upon you now, but someday, you or your relative, or a friend or your neighbor, will. When that happens, you will not be the same person. Your belief system about the police will have changed. You will be saying: “I never would have believed it if I hadn’t seen it myself.” They always do. You will no longer believe that the police are here to “serve and protect” us. You will know otherwise. A strong dose of reality, like being beaten-up by the police and being arrested for resisting arrest and battery on a peace officer will do that to you.

Most Conservative white people feel that they aren’t doing anything illegal, so what do they have to worry about? What they don’t realize is that contrary to all of the recent press coverage of police shootings of black youths, the police don’t just pick on blacks; they falsely arrest, wrongfully beat and often shoot all colors of civilians. In recent times, the American press and media, along with the growth of social media, have bombarded Americans with stories of misconduct by the police. This is not a trend that is going to go away, for no other reasons than: 1) just about everyone is carrying smartphones, and 2) because of the ever dropping costs to police agencies of recording and storing digital video and audio data more and more police agencies are having their officer wear body video cameras.

Because of the advent of smartphones, the public has become today’s videographers of police misconduct. Almost all of us have the ability to quickly engage a video recording device to record an event that we may be witnessing. Unfortunately, the event that would prompt one to engage the video record function of the cellphone, usually precedes what actually gets recorded. However, there’s enough smartphones out there so once in a while, the actual police outrage gets recorded.

Also, because some public entities are either dumb enough, or honest enough, to have their police officers video record themselves, the public can get a better concept of reality. If you ask any Risk Management Officer with a public entity about the their police agency even being equipped with Patrol Video Recording Systems, they will tell you (off the record) that they are vehemently opposed to any such recording. Although when some police officer does something terrible to a civilian, the politicians call for “transparency”, Risk Management people with the public agency know better. They know that the numbers of false claims against police officers will be greatly exceeded by the number of police outrages against the public that does get recorded. In most public agencies, the “bean counters” (the Risk Management people) have so far won that battle.

For example, the California Highway Patrol still only has a few of their Patrol Cars equipment with Patrol Video Recording Systems. The Los Angeles County Sheriff’s Department doesn’t have Patrol Cars equipment with Patrol Video Recording Systems to this very day. The FBI and the Treasury Department don’t even video or audio record witness statements to this very day; they take handwritten notes, and then type-up their Form 302 Witness Interview statements. So, why is this the case?  The answer is simple; without recording witnesses or incidents, there’s only one side of the story; the police officer’s side.

If someday, all or most police officer are required to wear and engage body video cameras, the veil of purity or decency of police agencies will, to an appreciable degree, be lifted for all to see. If that happens, the public will realize that their illusion / delusion of living in a free society, was false. This is important for many reasons:

FIRST REASON: BECAUSE THE PUBLIC HAS NO CONCEPT OF POLICE ACTIONS IN THE REAL WORLD, THE POLICE CAN EASILY FRAME THEIR VICTIMS FOR “RESISTANCE OFFENSES.”

Unless you were brought up in the ghetto or the barrio, you probably haven’t personally witnessed the police beating-up and framing innocents; most often for verbal protest of their treatment by the police (i.e. “contempt of cop arrests”.) This author has been suing police officers since 1984 and has either represented or has spoken with thousands or victims of police brutality and false arrests. These wrongful beatings, tasings, clubbings, pepper-sprayings and shootings don’t just happen to persons of color. This author has represented persons who one would never expect to have been beaten and falsely arrested by the police; such as an American Airlines Captain, an Aerospace Engineer, a major Bank Vice Presidents, School Teachers, a School Board Member, Pastors, Physicians and other members of society that we don’t associate with criminality. These innocents who suffer police beatings and false arrests invariably say that they never would have believed it if it hadn’t happened to them. Before their life-changing encounter with oppressive police conduct, these high status innocents usually supported the police, and thought highly of them. They thought that the police were there to “protect and serve” them; not to beat / tase / spray / club or shoot them.

This is particularly problematic when members of the public are impaneled as jurors in either criminal cases for “resistance offenses”, or civil actions against police officers for civil rights violations. During jury selection, potential jurors who are questioned by the court and the lawyers during jury selection (“voir dire“) who have either seen or have been the victim of oppressive police actions, will almost always tell the court that they cannot be truly “fair and impartial” to both sides, because of the effect that their prior bad experience with the police. When that happens, the court will excuse them for cause; excuse them from serving on the jury without the prosecutor or the lawyer for the police not having to use one of their peremptory jury strikes. This gives the prosecutor or the civil lawyer for the police an advantage. In federal court in a civil action, each side usually gets three or four peremptory jury strikes. In state court criminal actions, most courts give each side as many as ten peremptory jury strikes. Any of the other jurors who have who have either seen or have been the victim of oppressive police actions but have not been excused for cause, will routinely be prevented from serving on the jury by the the prosecutor or the civil lawyer for the police though their use of peremptory jury strikes. Thus, at the end of the day, those who do end-up sitting as jurors are “sanitized”. They are people who have never seen or have been the victim of oppressive police actions. When that happens, it’s almost impossible for the victims of police outrages to get a fair trial. They are judged by persons who have no concept of the reality of modern policing. As described in more detain below, the problem with the police obtaining a bogus conviction of you for a “resistance offense” (i.e. resisting / obstructing / delaying peace officer, battery on peace officer, using or threatening use of force or violence against peace officer) will generally preclude you from suing for your false arrest, your beating by the police and your malicious criminal prosecution.

SECOND REASON: WHEN THE COPS ARREST YOU FOR YOUR FAILURE TO PASS “THE ATTITUDE TEST”, THEY USUALLY DO SO FOR A “RESISTANCE OFFENSE”; A CONVICTION FOR WHICH WILL PRECLUDE YOU FROM SUING THEM.

Contempt of Cop arrests are usually for crimes such as violation of Cal. Penal Code § 148(a)(1) (resisting / obstructing / delaying peace officer; the most abused statute in the Penal Code), 2) Cal. Penal Code § 240/241(c)(assault on a peace officer), 3) Cal. Penal Code § 242/243(b)  (battery on a peace officer) and 4) Cal. Penal Code § 69 (interfering with public officer via actual or threatened use of force or violence.)

Cal. Penal Code § 69 is a “wobbler”; a California public offense that may be filed by the District Attorney’s Office as either a felony or a misdemeanor. When the police falsely arrest one for violation of Section 69, they always make it a felony arrest; one that requires the posting of bail prior to any court appearance. Over 95% of all of police arrests for these “resistance offenses” are false arrests; the arrested person almost always being the victim of the use of unreasonable force by a police officer. As shown below, either because one is not willing to or simply cannot either post bail, many of them end-up pleading to misdemeanor Section 69 or some other misdemeanor “resistance offense”, to get out of jail, or to put an end to their nightmare. After all, Public Defenders who defend misdemeanor cases are usually not experienced lawyers, and have too many clients to devote the time and effort necessary to overcome police lies about their clients. Therefore, having a video and/or audio recording of an event may be the only way to vindicate the innocent victim of police abuse.

THIRD REASON: LOCAL PUBLIC PROSECUTORS THAT ARE USUALLY ELECTED OFFICIALS LIKE COUNTY DISTRICT ATTORNEY’S AND CITY PROSECUTORS, ARE THE POLICE, AND HAVE NO PROBLEM FRAMING INNOCENTS TO PROTECT THE POLICE FROM CIVIL LIABILITY; TO PROTECT THEM FROM YOU.

They do this by criminally prosecuting innocents for “resistance offenses“; the conviction for which will almost always preclude the police misconduct victim from obtaining civil redress in court. Don’t think that public prosecutors sit around, determine that a police misconduct victim is innocent of a crime, and then take it upon themselves to prevent you from suing the police to protect the police from civil liability and obloquy. This does happen, but it’s not common.

County District Attorney’s Offices usually have “filing deputies”; Deputy District Attorney’s who are assigned to review “case packages” from local police agencies (i.e. at the filing stage usually just the police reports), and who make the initial decision to file a criminal case against the person complained of in the initial police reports. These filing deputies usually have to review and to make filing decisions on ten to twenty police filing packages per day. That’s barely enough time to read the initial police reports. They usually don’t have an opportunity to review audio and video recordings from the same incidents for which the police are seeking criminal prosecutions. So, these filing deputies will usually accept whatever material false statements of fact contained in the police reports as true, and usually will file a completely bogus criminal case against an innocent victim of police abuse; usually for “resistance offenses.”

Moreover, local elected public prosecutors see the endorsements of local police agencies as central to them being re-elected, so if they can do favors for the police by prosecuting their victims, they usually do so. Some DA’s Offices have even created “Crimes Against Peace Officer” Units, to endear themselves with the police by beating-down the victims of police abuse, and get them to plea to some crime that will preclude the innocent from suing the police.

The U.S. Supreme Court has made a policy decision, to preclude one convicted of committing a crime, to sue for constitutional violations.  See, Heck v. Humphrey, 512 U.S. 477 (1994.) So, the police get away civilly for violated your rights, if you basically plead to anything; especially any sort of “resistance offense.” That’s why in recent years, the Los Angeles County Sheriff’s Department and the San Bernardino County Sheriff’s Department will now more than ever charge the victims of police beatings and “contempt of cop” arrests for violation of Cal. Penal Code § 69 (interfering with public officer via actual or threatened use of force or violence); a “wobbler” offense in California, that can be charged as either a felony or a misdemeanor. If the police charge you with a felony, then they can hold you in-custody unless you post bail; something that many Section 69 arrestees cannot afford. This results in many persons falsely arrest for violation of Section 69 plea at the first court appearance; just so they can get out of jail. The Section 69 charge is usually reduce to a misdemeanor, or changed to violation of regular resisting / obstructing / delaying a peace officer; Cal. Penal Code § 148(a)(1) . So, the arrestee pleads-out to get out of jail, and the cops get their conviction that will preclude the police abuse victim from suing his oppressors; the police.

The California Supreme Court has also followed suit in Yount v. City of Sacramento, 43 Cal. 4th 885 (2008)(adopting Heck v. Humprey’s bar to suit if there’s a conviction, just because the court felt like limited public entity and employee liability as a matter of policy. So much for “we” (the right) don’t like those “activist liberal judges”, who just make-up the law.

So, why are police officers against recording themselves? Because they may have to start respecting the rights of the public, and are more likely to be held accountable for any such violations. It’s really that simple.

Law Offices of Jerry L. Steering

Jerry L. Steering, Esq.

Why Police Officers Are Against Recording Their Conduct

Wisdom * Justice * Constitution

Ask the average American why people become police officers, and they will almost invariably tell you “to serve and protect.” They are conditioned to believe this even though it’s just not so. This frame of mind must stop if we are to again become a free people. Presently, we are not. You may not feel the boot of oppression pressing down upon you now, but someday, you or your relative, or a friend or your neighbor, will. When that happens, you will not be the same person. Your belief system about the police will have changed. You will be saying: “I never would have believed it if I hadn’t seen it myself.” They always do. You will no longer believe that the police are here to “serve and protect” us. You will know otherwise. A strong dose of reality, like being beaten-up by the police and being arrested for resisting arrest and battery on a peace officer will do that to you.

Most Conservative white people feel that they aren’t doing anything illegal, so what do they have to worry about? What they don’t realize is that contrary to all of the recent press coverage of police shootings of black youths, the police don’t just pick on blacks; they falsely arrest, wrongfully beat and often shoot all colors of civilians. In recent times, the American press and media, along with the growth of social media, have bombarded Americans with stories of misconduct by the police. This is not a trend that is going to go away, for no other reasons than: 1) just about everyone is carrying smartphones, and 2) because of the ever dropping costs to police agencies of recording and storing digital video and audio data more and more police agencies are having their officer wear body video cameras. 

Because of the advent of smartphones, the public has become today’s videographers of police misconduct. Almost all of us have the ability to quickly engage a video recording device to record an event that we may be witnessing. Unfortunately, the event that would prompt one to engage the video record function of the cellphone, usually precedes what actually gets recorded. However, there’s enough smartphones out there so once in a while, the actual police outrage gets recorded.

Also, because some public entities are either dumb enough, or honest enough, to have their police officers video record themselves, the public can get a better concept of reality. If you ask any Risk Management Officer with a public entity about the their police agency even being equipped with Patrol Video Recording Systems, they will tell you (off the record) that they are vehemently opposed to any such recording. Although when some police officer does something terrible to a civilian, the politicians call for “transparency”, Risk Management people with the public agency know better. They know that the numbers of false claims against police officers will be greatly exceeded by the number of police outrages against the public that does get recorded. In most public agencies, the “bean counters” (the Risk Management people) have so far won that battle. 

For example, the California Highway Patrol still only has a few of their Patrol Cars equipment with Patrol Video Recording Systems. The Los Angeles County Sheriff’s Department doesn’t have Patrol Cars equipment with Patrol Video Recording Systems to this very day. The FBI and the Treasury Department don’t even video or audio record witness statements to this very day; they take handwritten notes, and then type-up their Form 302 Witness Interview statements. So, why is this the case?  The answer is simple; without recording witnesses or incidents, there’s only one side of the story; the police officer’s side.

If someday, all or most police officer are required to wear and engage body video cameras, the veil of purity or decency of police agencies will, to an appreciable degree, be lifted for all to see. If that happens, the public will realize that their illusion / delusion of living in a free society, was false. This is important for many reasons:

FIRST REASON: BECAUSE THE PUBLIC HAS NO CONCEPT OF POLICE ACTIONS IN THE REAL WORLD, THE POLICE CAN EASILY FRAME THEIR VICTIMS FOR “RESISTANCE OFFENSES.”

Unless you were brought up in the ghetto or the barrio, you probably haven’t personally witnessed the police beating-up and framing innocents; most often for verbal protest of their treatment by the police (i.e. “contempt of cop arrests”.) This author has been suing police officers since 1984 and has either represented or has spoken with thousands or victims of police brutality and false arrests. These wrongful beatings, tasings, clubbings, pepper-sprayings and shootings don’t just happen to persons of color. This author has represented persons who one would never expect to have been beaten and falsely arrested by the police; such as an American Airlines Captain, an Aerospace Engineer, a major Bank Vice Presidents, School Teachers, a School Board Member, Pastors, Physicians and other members of society that we don’t associate with criminality. These innocents who suffer police beatings and false arrests invariably say that they never would have believed it if it hadn’t happened to them. Before their life-changing encounter with oppressive police conduct, these high status innocents usually supported the police, and thought highly of them. They thought that the police were there to “protect and serve” them; not to beat / tase / spray / club or shoot them. 

This is particularly problematic when members of the public are impaneled as jurors in either criminal cases for “resistance offenses”, or civil actions against police officers for civil rights violations. During jury selection, potential jurors who are questioned by the court and the lawyers during jury selection (“voir dire“) who have either seen or have been the victim of oppressive police actions, will almost always tell the court that they cannot be truly “fair and impartial” to both sides, because of the effect that their prior bad experience with the police. When that happens, the court will excuse them for cause; excuse them from serving on the jury without the prosecutor or the lawyer for the police not having to use one of their peremptory jury strikes. This gives the prosecutor or the civil lawyer for the police an advantage. In federal court in a civil action, each side usually gets three or four peremptory jury strikes. In state court criminal actions, most courts give each side as many as ten peremptory jury strikes. Any of the other jurors who have who have either seen or have been the victim of oppressive police actions but have not been excused for cause, will routinely be prevented from serving on the jury by the the prosecutor or the civil lawyer for the police though their use of peremptory jury strikes. Thus, at the end of the day, those who do end-up sitting as jurors are “sanitized”. They are people who have never seen or have been the victim of oppressive police actions. When that happens, it’s almost impossible for the victims of police outrages to get a fair trial. They are judged by persons who have no concept of the reality of modern policing. As described in more detain below, the problem with the police obtaining a bogus conviction of you for a “resistance offense” (i.e. resisting / obstructing / delaying peace officer, battery on peace officer, using or threatening use of force or violence against peace officer) will generally preclude you from suing for your false arrest, your beating by the police and your malicious criminal prosecution.

SECOND REASON: WHEN THE COPS ARREST YOU FOR YOUR FAILURE TO PASS “THE ATTITUDE TEST”, THEY USUALLY DO SO FOR A “RESISTANCE OFFENSE”; A CONVICTION FOR WHICH WILL PRECLUDE YOU FROM SUING THEM.

Contempt of Cop arrests are usually for crimes such as violation of Cal. Penal Code § 148(a)(1) (resisting / obstructing / delaying peace officer; the most abused statute in the Penal Code), 2) Cal. Penal Code § 240/241(c)(assault on a peace officer), 3) Cal. Penal Code § 242/243(b)  (battery on a peace officer) and 4) Cal. Penal Code § 69 (interfering with public officer via actual or threatened use of force or violence.)

Cal. Penal Code § 69 is a “wobbler”; a California public offense that may be filed by the District Attorney’s Office as either a felony or a misdemeanor. When the police falsely arrest one for violation of Section 69, they always make it a felony arrest; one that requires the posting of bail prior to any court appearance. Over 95% of all of police arrests for these “resistance offenses” are false arrests; the arrested person almost always being the victim of the use of unreasonable force by a police officer. As shown below, either because one is not willing to or simply cannot either post bail, many of them end-up pleading to misdemeanor Section 69 or some other misdemeanor “resistance offense”, to get out of jail, or to put an end to their nightmare. After all, Public Defenders who defend misdemeanor cases are usually not experienced lawyers, and have too many clients to devote the time and effort necessary to overcome police lies about their clients. Therefore, having a video and/or audio recording of an event may be the only way to vindicate the innocent victim of police abuse.

THIRD REASON: LOCAL PUBLIC PROSECUTORS THAT ARE USUALLY ELECTED OFFICIALS LIKE COUNTY DISTRICT ATTORNEY’S AND CITY PROSECUTORS, ARE THE POLICE, AND HAVE NO PROBLEM FRAMING INNOCENTS TO PROTECT THE POLICE FROM CIVIL LIABILITY; TO PROTECT THEM FROM YOU.

They do this by criminally prosecuting innocents for “resistance offenses“; the conviction for which will almost always preclude the police misconduct victim from obtaining civil redress in court. Don’t think that public prosecutors sit around, determine that a police misconduct victim is innocent of a crime, and then take it upon themselves to prevent you from suing the police to protect the police from civil liability and obloquy. This does happen, but it’s not common. 

County District Attorney’s Offices usually have “filing deputies”; Deputy District Attorney’s who are assigned to review “case packages” from local police agencies (i.e. at the filing stage usually just the police reports), and who make the initial decision to file a criminal case against the person complained of in the initial police reports. These filing deputies usually have to review and to make filing decisions on ten to twenty police filing packages per day. That’s barely enough time to read the initial police reports. They usually don’t have an opportunity to review audio and video recordings from the same incidents for which the police are seeking criminal prosecutions. So, these filing deputies will usually accept whatever material false statements of fact contained in the police reports as true, and usually will file a completely bogus criminal case against an innocent victim of police abuse; usually for “resistance offenses.”

Moreover, local elected public prosecutors see the endorsements of local police agencies as central to them being re-elected, so if they can do favors for the police by prosecuting their victims, they usually do so. Some DA’s Offices have even created “Crimes Against Peace Officer” Units, to endear themselves with the police by beating-down the victims of police abuse, and get them to plea to some crime that will preclude the innocent from suing the police.

The U.S. Supreme Court has made a policy decision, to preclude one convicted of committing a crime, to sue for constitutional violations.  See, Heck v. Humphrey, 512 U.S. 477 (1994.) So, the police get away civilly for violated your rights, if you basically plead to anything; especially any sort of “resistance offense.” That’s why in recent years, the Los Angeles County Sheriff’s Department and the San Bernardino County Sheriff’s Department will now more than ever charge the victims of police beatings and “contempt of cop” arrests for violation of Cal. Penal Code § 69 (interfering with public officer via actual or threatened use of force or violence); a “wobbler” offense in California, that can be charged as either a felony or a misdemeanor. If the police charge you with a felony, then they can hold you in-custody unless you post bail; something that many Section 69 arrestees cannot afford. This results in many persons falsely arrest for violation of Section 69 plea at the first court appearance; just so they can get out of jail. The Section 69 charge is usually reduce to a misdemeanor, or changed to violation of regular resisting / obstructing / delaying a peace officer; Cal. Penal Code § 148(a)(1) . So, the arrestee pleads-out to get out of jail, and the cops get their conviction that will preclude the police abuse victim from suing his oppressors; the police.

The California Supreme Court has also followed suit in Yount v. City of Sacramento, 43 Cal. 4th 885 (2008) (adopting Heck v. Humprey’s bar to suit if there’s a conviction, just because the court felt like limited public entity and employee liability as a matter of policy. So much for “we” (the right) don’t like those “activist liberal judges”, who just make-up the law.

So, why are police officers against recording themselves? Because they may have to start respecting the rights of the public, and are more likely to be held accountable for any such violations. It’s really that simple.

Law Offices of Jerry L. Steering

Jerry L. Steering, Esq. 

 

 

Victorville – Apple Valley Police Brutality Attorney

Jerry L. Steering arguing before the Ninth Circuit Court of Appeals in police shooting case, Pasadena, California

Jerry L. Steering, Esq., is a Police Misconduct Attorney, who defends criminal cases, and sues police officers for, among other things, the use of excessive force upon civilians (otherwise known as police brutality.) His law practice involves serving, among other places, San Bernardino County, and the San Bernardino County cities shown below; especially Victorville and Apple Valley; the two “hot spots” for outrageous police misconduct. Although the Victor Valley is not nearly as heavily populated as other areas in Southern California, the “crime rate” of crimes and Constitutional Torts committed by the San Bernardino County Sheriff’s Department is astounding. It seems that the Victor Valley is the hotbed for “cops gone wild.” These deputies in the High Desert are simply out of control, and nobody is going to do anything about; at least anybody from the Sheriff’s Department, or the Judges of the Victorville Court. These deputies “up the hill” have even been caught by a News Helicopter, beating-up a man who tried to elude them on horseback. The deputies knew that there was a Sheriff’s Department helicopter above, them, and knew that those pilots and crew would never “rat them out”. So, the beat the man who was trying to surrender to them after he had been tased. See, “Sheriff Orders Immediate Internal Investigation Into Arrest Seen on “Disturbing” Video”.

Mr. Steering also represents persons in both civil and criminal case in Los Angeles County, San Diego County, Riverside County and Orange County. He is an expert in brutality / excessive force and false arrest cases; both civil and criminal. Mr. Steering has successfully sued San Bernardino County police agencies successfully, for many years now. Here are a few examples of cases that Mr. Steering has won against the San Bernardino County Sheriff Department; an agency that has literally gone off of the deep end in the High Desert / Victor Valley area:

Morgan v. County of San Bernardino, U.S. Dist. Court, Cent. Dist. of Cal. (Riverside) (1996), $714,000.00 settlement following jury verdict for excessive force and false arrest during search warrant execution in Apple Valley, California;

Austin v. County of San Bernardino, U.S. District Court, Central District of California, $500,000.00 jury verdict for false arrest and excessive force;

Lopez v. County of San Bernardino, U.S. Dist. Court Cent. Dist. of Cal. (Riverside) (2002), $50,000.00 settlement for racially motivated battery;

Miller v. City of San Bernardino, et al, U.S. Dist. Court Cent. Dist. of Cal. (Riverside) (2003), $35,000.00 settlement for unlawful detention;

Calderon v. County of San Bernardino, U.S. Dist. Court, Central Dist. of Cal. (Riverside)(2003), $115,000.00 settlement for false arrest and illegal search;

Arroyo v. City of San Bernardino, U.S. Dist. Court, Central Dist. of Cal. (Riverside)(2004), $125,000.00 settlement for unreasonable seizure of person;

Ford v. County of San Bernardino, (2007), $80,000.00 settlement for excessive force;

In re Jane Doe v. County of San Bernardino, et al., (2008), $290,000.00 settlement (prior to filing lawsuit) for sexually motivated mistreatment of arrestee; and

Aubry v. County of San Bernardino, et. al, U.S. Dist. Court (LA) 2012, $325,000.00 settlement for the use of unreasonable force and for false arrest.

Penny Trent v. County of San Bernardino, et al.,U.S. Dist. Court (LA) 2012, $600,000.00 settlement for  unreasonable force, false arrest and unlawful search of residence.

LEGAL EDUCATION AND PUBLICATIONS.

University of Georgia School of Law (founded 1859)

Having attended the University of Georgia School of Law (J.D. 1984), and having taken and passed the February 1984 Georgia Bar Exam in his last semester of Law School (while Clerking at a law firm full time and attending law school full time), in June of 1984 Mr. Steering began defending criminal cases for the law firm of Scott & Quarterman, of Athens, Georgia; the same law firm that he clerked for, full-time, for.

Since 1984 (in California since 1986) he has tried and litigated hundreds of criminal cases, including murder cases, manslaughter cases, assault and battery cases, towing industry related auto-theft / extortion cases (i.e. drop fees), drug possession / drug manufacturing cases, vehicular homicide cases, white-collar investor fraud cases, sex-offender or drug addict registration cases, violations of court order cases, domestic violence cases, towing industry cases, and the entire spectrum of various criminal violations.

Mr. Steering is also a published legal scholar, and has a published Law Review Article about a logical quandary of federal evidentiary law: the disparity in the use of “accomplice accusations” between Fourth Amendment scrutiny of “accomplice accusations” (i.e. typically deemed “reliable” enough to obtain search warrant or arrest warrant), and Sixth Amendment scrutiny of the very same statement (i.e. accomplice accusation generally held inherently unreliable for “Sixth Amendment Confrontation Clause” purposes. In fact, these statements have been held to be so inherently unreliable that Congress could not even have meant to have included them with the ambit of the Declaration Against Penal Interest exception to the hearsay rule [804(b)(3)].) See, “The Application Of Sixth Amendment Tests For The Reliability Of Hearsay Evidence To Probable Cause Determinations, Steering and Ponsoldt, 16 Rutgers Law Journal 869 (1985).

NOTABLE CRIMINAL CASES IN SAN BERNARDINO COUNTY SUPERIOR COURT, THAT MR. STEERING TURNED AROUND INTO CIVIL CASES.

Penny Trent

Penny Trent v. County of San Bernardino, et al.

On June 3, 2012, at approximately 3:30 p.m. San Bernardino County Sheriff’s Department Deputy Sheriffs Carolyn Chadwell and Kirsten Mitchell answered a call for service of a husband beating his wife at their home at 12486 Kiowa, Apple Valley, California [1]. The deputies received no response to their knocking on the Penny and Wayne Trent’s door, so they entered the house and found Penny Trent and her husband partially undressed in the bathroom [2].  Rather than leave the residence once the welfare of the residents was confirmed, Deputies Chadwell and Mitchell interrogated them about the call for service (i.e. the domestic violence call.) After discussing the incident with Penny and Wayne Trent, the Deputies decided to arrest Mr. Trent for felony corporal injury on a spouse (Penal Code Section 273.5), handcuffed him and put him in their patrol car.

When the deputies took Mr. Trent out to the patrol car to go to jail, they told Penny Trent to have a seat in the living wait in the living room, and they’d be right back. Deputies Chadwell and Mitchell placed Mr. Trent into the patrol car, and Deputy Chadwell returned to the residence with a Marsy’s Victim’s Card [3]; the brochure that is given to Domestic Violence victims [4] by police officers.

When Deputy Chadwell returned to the door of the home with the Marsy’s Card for Mrs. Trent, she saw

SBSD Deputy Sheriff     Carolyn Chadwell

Penny Trent sitting on her living room couch. The couch appears at an angle to the front door area (See below, photo of view of couch from front door.) Deputy Chadwell apparently could not see one of Penny Trent’s lower arms when she saw her and stated to her: “Penny; where’s your other arm.” In literally less than one second after asking that question, Deputy Chadwell shot Penny Trent twice in her left leg. Although the bullets grazed her leg, Penny Trent was horrified from being shot, and at a complete loss as to why Deputy Chadwell would shoot her. This is all audio recorded [5]; a copy of the audio shown below.

Deputy Chadwell claimed that she shot Penny Trent because when she reentered the Trent residence, she saw Penny Trent with a blank stare on her face and said that Mrs. Trent’s hand was under a couch pillow. Mrs. Trent’s hand was just resting on the pillow on the couch, but from the front doorway area, Deputy Chadwell could only see her right hand. Deputy Chadwell didn’t give Mrs. Trent a chance to respond to her question, or to show her left arm. She just shot her within one second of asking her where her left arm was. Neighbor witnesses told the Sheriff’s Department that Deputy Chadwell then broke-down and cried about having shot Mrs. Trent.

Immediately after Deputy Chadwell shot Mrs. Trent, Deputies Chadwell and Mitchell ordered Penny Trent to exit her residence, and when she did, the deputies threw her to the ground on the rock front lawn, handcuffed her and placed her into their patrol car; imprisoning her there.

Audio recording by Deputy Chadwell of the June 3, 2012 shooting incident (the shooting takes place at 17 min. 02 sec. of the audio recording.)

Click here to view entire SBSD Officer-Involved-Shooting Investigation Report of Penny Trent Shooting

Thereafter, several Sheriff’s Department supervisors and other officers came to the Trent residence and decided what to do with Mrs. Trent [6]. After discussing the shooting of Mrs. Trent with each other, the Sheriff’s Department then conspired to take Penny Trent to the Apple Valley Station, so they could interrogate her in a coercive manner [7]; to try to get her to say something to try to justify their shooting of her [8] (she never did.) It’s a federal crime and federal constitutional violation to take a person to the police station for questioning, without probable cause to arrest them (Hayes v. Florida, 470 U.S. 811 (1985)). That’s just what they did to Penny Trent, and it’s shown on the recording shown below.

Notwithstanding Mrs. Trent’s repeated requests to leave the station, the Sheriff’s Department investigators kept Penny Trent at the station. They even created police reports showing that a crime had occurred (i.e. Cal. Penal Code § 245; assault with a deadly weapon), that Penny Trent was the “suspect” of the shooting, and that Deputy Chadwell was the “victim”. The geniuses at the Sheriff’s Department did a gunshot residue test on Penny Trent, even though she was the one shot. Even worse, the investigators at the Apple Valley station made Penny Trent undress down to her underwear, to take photos of any marks or bruises on her; supposedly for the criminal case against Mr. Trent.

Moreover, to add insult to injury, the Sheriff’s Department (Investigator Robert Thacker) unlawfully obtained a search warrant for the search of Penny Trent’s house, and used the bogus pretense of a criminal investigation, to perform their civil liability investigation. This was the Sheriff’s Department’s only chance to inspect the premises, as police officials cannot obtain a search warrant to do civil liability investigation; only to investigate crimes. Therefore, the Sheriff’s Department had to misrepresent the purpose of their application for a search warrant to Judge Stanford Reichert; claiming that their search would reveal evidence of a crime (the only crime really being Chadwell’s shooting of Penny Trent.)

Eventually, in the early morning hours of June 3, 2012, the Sheriff’s Department drove Mrs. Trent home after they were done with their illegal search of her residence.

Although ever since O.J. Simpson decapitated his wife “Domestic Violence” seems to be the worst crime that one can commit, because the Sheriff’s Department shot the domestic violence victim (Penny Trent), when they took Mr. Trent to the hospital that same evening, they posted no guard in / at his hospital room, and actually let him “escape.” To date, no criminal charges have been filed against Mr. Trent, because the Sheriff’s Department can’t prosecute Mr. Trent without publically implicating themselves in shooting the very victim of that crime.

None of this is surprising, save the actual shooting itself. Police agencies typically arrest the victims of their outrages, and in the coercive atmosphere of custodial interrogation, attempt, and often succeed, in getting their victims to make statements against their interest; statements that “spin” the facts or otherwise somehow shift all or part of the blame to the citizen – victim. This is normal, notwithstanding it being obvious to any peace officer that it’s unlawful to take someone to the police station for questioning in the absence of probable cause for their arrest. See, Hayes v. Florida, 470 U.S. 811 (1985.) The ends that the San Bernardino County Sheriff’s Department will go to, to protect themselves from civil liability is incredible.

Moreover, although the Sheriff’s Department just couldn’t keep themselves from illegally taking Penny Trent to the police station in handcuffs (i.e. false arrest, kidnapping civil rights criminal violations), because they screwed up and shot the victim that they were there to save, they need to get a coerced and skewed statement of what happened. They need to get Penny Trent to the station there and now, even though they had no right to have done so, because the coercive environment of police interrogation, allows the cops to shape the story, and to get you to agree with statements that are not true and that are against your interest, because after that moment in time, you are going to not be so vulnerable, and will likely have a lawyer.

Notwithstanding all of that, the Sheriff’s Department didn’t get an actual formal statement from Deputy Chadwell, until five days after her attempt to kill Penny Trent; an audio copy of her interview being below and playable. Case Result: $600,000.00.

People of the State of California v. Jonathan Osborne; Rancho-Cucamonga San Bernardino County Superior Court criminal action for violation of Cal. Penal Code § 148(a)(1) (resisting / obstructing / delaying peace officer.) Jonathan Osborne’s mother had ordered a suicide kit from a lady in San Diego, who the FBI had raided for selling the kits. The FBI found an unfilled order for the kit, so the feds called the Upland (California) Police Department to check on the welfare of the parents at the Osborne home. When the Upland Police Department showed-up at the Osborne home, the only person there was Jonathan Osborne; one of the Osborne’s sons. The police demanded entry into the home and arrested (and beat-up) Jonathan Osborne, for refusing to consent to the police officers’ demand to make a warrantless entry into the Osborne home. Notwithstanding the fact that a 1974 California Supreme Court case (People v. Wetzel, 11 Cal.3d 104 (1974)) held that it is never a crime to stand in one’s doorway and to refuse their consent to a warrantless search of one’s home, the Crimes Against Peace Officers Unit of the San Bernardino County District Attorney’s Office refused to dismiss the case, because they have an express policy of never dismissing cases alleging a police officer victim. Moreover, the Upland Police Department destroyed an exculpatory audio recording of the incident that was recorded by the main Upland Police Department officer. Result: Case settled on appeal by defendants for confidential sum.

People of the State of California v. James Lemoine; Rancho-Cucamonga San Bernardino County Superior Court criminal action for felony assault on a peace officer and felony interference with public officer’s performance of duties. An Ontario Police Officer located Mr. Lemoine in a neighbor’s home after incident with his girlfriend, resulting in her called police on him. Mr. Lemoine attempted to flea the officer and attempted to jump through window of home to escape. Mr. Lemoine got stuck in the window sill assembly, and was shot in the back by the Ontario Police Department officer while in that position. He posed no threat to the officer, who was exonerated of wrongdoing by Ontario PD (“What’s wrong with shooting an unarmed man, stuck in a window frame, cut-up, with one leg outside and one leg inside?”) The officer claimed that Mr. Lemoine attacked him in an effort to escape; a complete fabrication; something actually quite normal for peace officers. However, the only people who get to sit on juries in police misconduct cases, civil or criminal, have not personally witnessed police misconduct (all that have seem to always tell the court during jury selection, that the event of police misconduct that they witnessed had such a profoundly negative opinion and general distrust of, if not contempt for, peace officers, that they are actually prejudiced against peace officers in these type cases, and are, therefore, excused to sit for cause as a juror.) Therefore, the only people who are asked to judge who is lying; the defendant or the Constable, are people who believe that police don’t do bad things to people who didn’t deserve it; morally, if not legally, because they have only had positive experiences with peace officers. That’s why it’s so difficult to win in these officer vs. civilian swearing contests; notwithstanding the Constable repeatedly lying on the stand. However, it can be done, and it was done here. Hon. Ben T. Kayashima, Judge Presiding:  Jury Verdict: Not Guilty all Counts.

People of the State of California v. Tom Austin; Rancho-Cucamonga San Bernardino County Superior Court criminal action for resisting / obstructing / delaying peace officer. Mr. Austin’s 16 year old son and his classmates were video recording a reenactment of the famous Sacco an Vanzetti armed robbery incident (that Sacco and Vanzetti were innocent of, but executed for), for a High School History project. The boys wore black ski masks and carried pellet guns, and had dressed-up the Austin’s garage to resemble a bank teller window counter. Some neighbors saw the youths and (notwithstanding a youth recording the reenactment with a tripod mounted video camera outside of the garage) thought that the youths were home invasion robbers, and called the police.

The youths were detained downstairs in the garage, and when Mr. Austin heard screaming (the police screaming orders to the youths) he walked downstairs to tell the youths to be quiet (to not to disturb the neighbors), and when he reached the bottom of the stairs and turned a blind corner, he saw the barrel of a policeman’s pistol pointing directly at and in front of his face. The officer ordered Mr. Austin to turn around, and when he asked the officer (who was now standing inside of Mr. Austin’s home) what was going on, the officer pepper-sprayed him in his face, handcuffed him and took him to jail. The Ontario Police officers concocted the story that Mr. Austin lunged for the officer’s gun, and that’s why he pepper-sprayed him. Mr. Steering found that a recording of the immediate post pepper-spraying activities, had been altered to conceal the true contents of the discussion between Mr. Austin and the officers. Hon. Gerard S. Brown, Judge Presiding: Result: Jury Verdict: Not Guilty (Mr. Steering later obtained a $500,000.00 jury verdict in favor of Mr. Austin, against the arresting officers, as shown below.)

People of the State of California v. Milt Holland; Rancho-Cucamonga San Bernardino County Superior Court criminal action for resisting / obstructing / delaying peace officer. Mr. Holland leased the old CHP office building in Ontario, to work on prototype bus control computer system. Ontario Code Enforcement wanted to check the building to see if Mr. Holland also was residing in the same. The area was only zoned for commercial occupancy; not residential. Ontario Code Enforcement officers, along with Ontario Police Officers, approached the chained-closed padlocked rear entry entry gate of the premises, and saw Mr. Holland behind the gate; elevated; standing in a construction trailer. The officers ordered Mr. Holland to open the gate, and Mr. Holland simply walked away from the locked gate, and into the building. The officers used the “master key” (i.e. bolt cutters) to enter the yard, and arrested Mr. Holland and took him to jail for violation of Cal. Penal Code § 148(a)(1); resisting / obstructing / delaying a peace officer in the performance of their duties; the catch-all crime that the police use when they don’t actually have any grounds to arrest a civilian, since Section 148(a)(1) is so nebulous and ambiguous, it could be, and many many times has been, construed as meaning just about anything, and is used to arrest people who “fail the attitude test”) Click on tab, above on “Criminal Attorney – Contempt of Cop Resistance Cases”, for a more developed analysis of police misuse of Section 148(a)(1.)

After Mr. Holland had gone through four criminal defense lawyers, who told him to plead guilty to misdemeanor delaying / obstructing an officer (Section 148(a)(1), for not opening the gate), Mr. Holland retained Mr. Steering, who look one look at the Ontario PD report and immediately knew that even on the face of the Police Report, that there was no crime committed by Mr. Holland. On the day set for trial, Mr. Steering asked Judge Dennis G. Cole to dismiss the case on the ground that if everything that the police were contending in their reports was true, it nonetheless is never a crime to refuse an officer’s demand to search a place, thing or person, in the absence of a search warrant. If reading Mr. Steering legal authorities to support that proposition of law (See v. City of Seattle, 387 U.S. 541 (1967) and Camara v. Municipal Court, 387 U.S. 523 (1967) (both holding that the state can’t criminalize a mere refusal to consent to warrantless entry), Judge Cole told the District Attorney’s Office that his “case was in the toilet”. Result: Case Dismissed pursuant to Mr. Steering’s invitation to the Court, to dismiss the case on its own motion, in the interest of justice (Cal. Penal Code § 1385.)

JANE and JOHN DOE v. County of San Bernardino, U.S. Dist. Court Cent. Dist. of Cal. [Riverside] (2000); $50,000.00.

Deputy Sheriff Attempts To Frame Husband And Hide Romance Wife, By Hiding The Drugs Found On Her From The DA’s Office:

In this case, Mr. Steering obtained $50,000.00 from the County of San Bernardino, for a criminal defendant’s claim against the San Bernardino County Sheriff’s Department, for planting evidence of drug manufacturing, during the deputy’s unlawful search of a probationer’s residence; notwithstanding probation Bravo search terms. While in the process of planting evidence, the deputy sheriff actually discovered even better evidence of the very crime that the deputy sheriff was attempting to frame the defendant for. It’s like framing the guilty. That way, the police don’t need to bother with obtaining evidence against the persons who they believe are engaged in ongoing criminal enterprises (i.e. manufacturing or selling narcotics); they can just provide the evidence themselves, and save us all of the time and money incurred and expended, in investigating and obtaining competent and admissible evidence of criminal conduct that will stand-up in court.

When a San Bernardino County Probation Officer and Sheriff’s Department Investigator did a probation search of JOHN DOE’s residence (the “husband” was on felony drug possession probation), they saw all sorts of pornographic photos, exotic clothing and sex toys in the home, and became immediately infatuated with the beautiful occupant of the residence; JANE DOE; the cohabitant girlfriend. The Sheriff’s Department Investigator arrested JANE DOE for narcotics possession, and took her to jail; stopping on the way to jail to show-off his “catch.” Although her bail was $500,000.00, the Investigator got it reduced to release on her own recognizance (something unheard of in San Bernardino County), to attempt to date her.

The Investigator broke back into the DOE residence after arresting JANE DOE, as he had seen a VHS video at the home earlier marked: “XXXX.” When the Investigator then played that video at the DOE residence, he not only watched JOHN and JANE DOE having all sorts of sex, but also saw a recording of JOHN DOE cooking meth. However, there was no meth manufacturing chemicals or equipment at the house. So, in an effort to frame the guilty, the Investigator planted meth “cooking” equipment in the residence, and he and the Probation officer staked-out the house for several days, until JOHN DOE showed back-up at his home. When JOHN DOE entered the house, he was immediately arrested for meth manufacturing, based on the items planted by the Investigator, who wanted to put JOHN DOE in prison, to free-up JANE DOE for dating.

Mr. Steering was able to obtain $50,000.00 for the defendant from the County for the Investigator’s actions, and Mr. Steering was able to negotiate a 10 year sentence for JOHN DOE, rather than the 25 years to life sentence for a third strike drug manufacturing.

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.

Accordingly, notwithstanding overwhelming evidence that the Fullerton Police Department literally beat Kelly Thomas to death for what seemed to be actual sadistic gratification (i.e. “See these fists. They are going to fuck you up”), a Fullerton training Corporal gets on the witness stand and testifies that he has seen the video and audio recording of the officers beating Kelly Thomas to death and that the actions of the officers are commensurate with their training. Incredibly, the jury get suckered. The police, the lawyers, the judges and the professional police apologists (the “expert witnesses that really can justify literally anything) all know how outrageous Kelly Thomas’s murder was. They are all, however, bound by our system of justice.

The police get to show the sordid life of their victims because of Cal. Evid. Code § 1103(a) allows the criminal defendant to show various traits of the character of the alleged victim to show that the alleged victim acted in conformity with that traits of character during the incident complained of. By the time that the cops are done dehumanizing the dead victim, no one on the jury cares what the officer did to the decedent.

SOUTHERN CALIFORNIA LAW ENFORCEMENT AGENCIES HAVE GOTTEN MORE BRUTAL.

In 2012, a retired Los Angeles County Sheriff’s Department Captain, Bob Olmsted, told the Los Angeles Times, that the L.A. County Men’s Central Jail was, essentially, a torture chamber, run by these rogue jailer gangs of sadistic sociopaths (Minnesota Viking logo tattoos on on their ankles.) 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.

Undersheriff Paul Tanaka

Even as long ago as 1992, the Ninth Circuit Court of Appeals held in a published decision that the “Vikings” gang of Deputy Sheriff’s at the Lynwood Sheriff’s Station, that they were a Neo-Nazi white supremacist gang within the LA County Sheriff’s Department. See, Thomas v. County of Los Angeles, et al., 978 F.2d 504 (1992.)

The leader of the sociopath / sadistic torturing faction of the Los Angeles County Sheriff’s Department, recently retired LA Sheriff’s Department Undersheriff Paul Tanaka, is now running for Sheriff of LA County. Paul Tanaka was a member of the Nazi Sheriff’s Department gang the “Vikings”; who have the Minnesota Vikings logo tattooed on their legs.

Following Captain Bob Olmsted’s revelations to the FBI, the FBI did an undercover investigation at the Los Angeles County Men’s Central Jail. The FBI investigation resulted in the Indictment of 18 Deputy Sheriffs and their Supervisors for torturing inmates and obstructing the FBI’s investigation by hiding prisoners in the county jail population. These 18 Indictments of Los Angeles County Sheriff’s Department personnel resulted in the resignation of L.A. County Sheriff Lee Baca.

Former 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.)

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. 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.Lee Baca resigned from office over the scandal at the LA County Men’s Central Jail involving the Indictment of 18 LASD Deputy Sheriffs and their Supervisors for torturing prisoners and obstructing the FBI’s investigation of the same.

On February 10, 2016, Sheriff Baca was Indicted for violation of 18 U.S.C. § 1001(a)(2); lying to the FBI regarding his knowledge of a scheme in the Sheriff’s Department to intimidate an FBI agent who was investigating complaints of beatings of inmates by deputies at the Los Angeles County Jail, and to hide an FBI informant – jail inmate from his FBI handlers. Sheriff Baca was tried on that Indictment, but the jury hung.

LASD Undersheriff Paul Tanaka following his conviction for obstruction of federal investigation

Thereafter, on April 6, 2016, former LASD Undersheriff Paul Tanaka was convicted of conspiracy and actual obstruction of an FBI investigation; 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 threatened 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).

Lee Baca following his conviction

Thereafter, on February 10, 2017, former Los Angeles County Sheriff Lee Baca was convicted of similar charges; lying to the FBI and obstruction of the FBI investigation into the systemic beatings and torture of inmates at the Los Angeles County Jail;  violation of 18 U.S.C. § 1001(a)(2); lying to the FBI regarding his knowledge of a scheme in the Sheriff’s Department to intimidate an FBI agent who was investigating complaints of beatings of inmates by deputies at the Los Angeles County Jail, and to hide an FBI informant – jail inmate from his FBI handlers.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.

Forner Orange County Sheriff (front) was convicted of obstructing a federal Grand Jury investigation, and his Assistant Sheriff George Jaramillo was convicted of theft of honest services and tax evasion.

Orange County, California had a Sheriff’s Department that was run by Sheriff Mike Carona, who was released from federal prison in 2015 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. Carona’s Assistant Sheriffs, George Jaramillo and Don Haidl were both criminally prosecuted.

Mike Carona was the former head Orange County Marshall before the Sheriff’s Department took over Court Services, such as bailiffs in the Court rooms. He was never a line / street cop. When Sheriff Carona ran for Sheriff his campaign and political tactics were influenced to commit unlawful acts by the same two Gentlemen who did the same with the 1998 campaign for District Attorney. Gabriel Nassar and Eugene Abbadessa convinced both newly elected Sheriff Carona and newly elected District Attorney Tony Rackauckas both “sold” bages (Carona; Deputy Sheriff’s badges [Reserve]) and “Commissioner” badges (for the Tony Rackauckas Foundation) for a $5,000.00 “constribution”.

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.

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 police officers, the norm in today’s police profession, is for police officers to falsely arrest their “victims”, and to author false police reports to procure the bogus criminal prosecutions (i.e. to literally “frame”) of those persons whose Constitutional rights and basic human dignity have been violated. After all; how would it look if a police officer beat you up, and didn’t arrest you. Because most police officers, including those that step-over Constitutional “line in the sand“ (i.e. beating another, falsely accusing civilians of crimes), are not true sociopaths, when they falsely charge you with a crime, it isn’t usually too serious of one. Most are bogus claims for violation of Cal. Penal Code § 148(a)(1), because the crime of “resisting or obstructing or delaying a peace officer who’s engaged in the performance of his/her duties” is incredibly ambiguous, and can (ingenuously or ignorantly) be applied to almost any conduct by a person (i.e. the defendant yelled at me for restraining [torturing] the “suspect”, so he delayed me from arresting the “suspect” because I had to look his way and take a protective stance in the events that the defendant charged at me.)

Often, Contempt of Cops arrests also often charge violation of Cal. Penal Code §§ 242 / 243(b); “battery on a peace officer”. Battery on a peace officer, is almost always, in reality, battery by a peace officer; otherwise known as “Excessive Force” or “Unreasonable Force”, which the United States Supreme Court has classified since 1989, as an “unreasonable seizure” of a person under the Fourth Amendment to the United States Constitution (See, Graham v. Connor, 490 U.S. 386 (1989).)Moreover, if the police beat you up badly, they usually charge you with violation of Cal. Penal Code § 69; using or threatening the use of force to prevent or to attempt to prevent, a public officer from performing their duties. They use this section to charge you with for more serious injuries to you by them, because Section 69 is a “wobbler offense”; a crime that can be charged as a misdemeanor or a felony.

Accordingly, in many cases where the police use “excessive force” (“police brutality”) on civilians, 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) and resisting officer with actual or threat of violence (Cal. Penal Code § 69.) After all, how would it look if the police beat-up a civilian, and just left the scene, as opposed to arrested the person that they just beat-up? Not very good for the police; ergo, the old police motto: “You hook’em, you book’em.”

Pursuant to the routine procedure to persecute their victims, police officers arrest their victims, author bogus reports that accuse their victims of crimes against the officer, preserve evidence favorable to them, and “flush” evidence adverse to their usually fabricated and contrived claims of criminal conduct by their victims; you, the public. His law practice involves serving, among other places, Orange County, and the Orange County cities shown below. Mr. Steering is an expert in dealing with your pending bogus criminal action, in a way that is going to best protect your ability to down the road sue the police, and obtain compensation and redress for your beating, your false arrest, and your malicious criminal prosecution. Mr. Steering also specializes in obtaining evidence and framing issues for adjudication in the initial criminal action against the police misconduct victim (the defendant being criminally prosecuted), and discovering evidence in that criminal case, to seal the police defendants’ fate in the civil action after the criminal case is disposed of in your favor.

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:

Associate Justice Anthony Kennedy, author of the Majority Opinion in Graham v. Connor

“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 others;

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:

Associate Justice Anthony Kennedy (appointed by President Reagan in 1988 and confirmed in 1989)

“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.

Circuit Kim McLane Wardlaw wrote Majority Opinion in Bryan v. McPherson

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.

Judge Richard A. Paez wrote Majority Opinion in Mattos v. Agarano

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.

Circuit Judge Cynthia Holcomb Hall wrote Majority Opinion in Brooks v. City of Seattle

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.

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.

Law Offices of Jerry L. Steering

Jerry L. Steering, Esq.

Palm Springs Police Brutality Attorney

Jerry L. Steering arguing before the Ninth Circuit Court of Appeals in police shooting case, Pasadena, California

Jerry L. Steering, Esq., is a Police Misconduct Attorney, serving, among other places, Orange County, and the Orange County cities shown below, as well as Los Angeles County, San Diego County, Riverside County and San Bernardino County. Mr. Steering recently successfully prosecuted an excessive force / false arrest case in the Palm Springs area; Edward Moore, Jr. v. City of Desert Hot Springs; Indio – Riverside Superior Court ($825,000.00 settlement a end of plaintiff’s case for excessive force / false arrest.) The Palm Springs area is rife with police brutality, such as beatings, torturings and false arrests and prosecutions.

Across the Freeway, in Desert Hot Springs, the stories get worse. The Desert Hot Springs Police Department is probably the worst police department in modern United States history. In the mid-2000′s, “the inmates were running the asylum”. The Desert Hot Springs Police Department was divided into two factions; the “lettuce eaters” and the “meat eaters”. The meat eaters were those police officers who wouldn use any excuse to beat people up, and did so; even if just for fun. The lettuce eaters were those police officers who would only use force when reasonably necessary. See, FBI 302 Reports of interviews of DHSPD Sgt. Ron Hull and Sgt. Eddie Cole.

EXCESSIVE FORCE, FALSE ARREST AND MALICIOUS PROSECUTION CASES

Mr. Steering has been suing police officers, and defending bogus criminal cases of crimes against police officers, for over 28 years. The majority of our firms 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, and defending bogus criminal cases against the victims of such abuse by the police.

WHAT IS POLICE BRUTALITY / EXCESSIVE FORCE?

Associate Justice Anthony Kennedy, author of the Majority Opinions in Saucier v. Katz and Graham v. Connor

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 individuals 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 judges 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 judgmentsin circumstances that are tense, uncertain, and rapidly evolvingabout 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 officers evil intentions will not make a Fourth Amendment violation out of an objectively reasonable use of force; nor will an officers 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 Amendments 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 judgmentsin circumstances that are tense, uncertain, and rapidly evolvingabout 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, Saucie v. Katz, 533 U.S. 194 (2001).)

THE PROBLEM WITH GRAHAMS REASONABLE OFFICER STANDARD IN THE REAL WORLD – THE WATCHMAN GETS TO MAKE HIS OWN RULES THAT REGULATE HIS OWN CONDUCT

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 juidicially created exclusionary rule.) The conduct of the objectively reasonable officer; that standard that the Supreme Court attempted to describe in Graham v. OConnor 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 whats reasonable or not, to the police.

Its letting the regulated enact their own regulations. If they want to all use tasers on civilians for not immediately complying with their orders (lawful or not), then thats reasonable, if they do so. If they all want to pepper-spray persons because their hands are in their pockets (and, therefore, they might possibly pose a threat), then thats reasonable. If they want to prone-out everyone at gun point that they detain, then thats 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 a technique, method, procedure, policy or practice, and make such otherwise unreasonable behavior, reasonable, for no othe reason than the police would prefer to act that way; Consitutional or not. You see the problem. The police have an old slogan: Its better to be judged by 12, then carried by 6. Its another way of saying, Ill act in a way that is in my self interest; not yours, and if I happen to trampel your Constitutional rights, so be it.

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.

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

In a nutshell, the Qualified Immunity is an immunity from a lawsuit for violation of a civilians Constitutional rights, when those rights were actually violated, but a reasonably well trained police officer could have believed that his conduct did not constitute such Constitutional violation. So, even if the police officer actually violated your Constitutional Rights, he 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 1982 in Harlow v. Fitzgerald, 457 U.S. 800 (1982)), to ensure that you cant do anything about (or at least do a whole lot less about) your Constitutional Rights being trampled by the government.

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 excuse 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, 533 U.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 Sauciers 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.)

WHY THE POLICE CRIMINALLY PROSECUTE THEIR VICTIMS.

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 didnt 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).)

FRAME-UPS AND THE DOCTRINE OF COLLATERAL ESTOPPEL

If the falsely arrested victim, now a criminal defendant being framed, gets convicted of any crime, he/she can no longer sue for a false arrest, even though the police may not have had either a warrant or probable cause to have arrested the victim. See, Heck v. Humphrey, 512 U.S. 477 (1994.) Moreover, if the criminal defendant gets convicted of a crime that requires the victim officer to be engaged in the lawful performance of his/her duties, most of the time, the excessive force victim is legally precluded (via the doctrine of colleteral estoppel) from suing the police for excessive force. See, Susag v. City of Lake Forest, 94 Cal.App.4th 1401 (2002.)

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.

Law Offices of Jerry L. Steering

Jerry L. Steering, Esq.

Criminal Towing Industry Cases

Jerry L. Steering has been practicing criminal law since 1984 (in California since 1986.) He has tried and otherwise litigated hundreds of criminal cases, including murder cases, manslaughter cases, assault and battery cases, drug possession and drug manufacturing cases, DUI cases, Vehicular homicide cases, white-collar investor fraud cases, sex-offender or drug offender registration cases, violation of court order cases, domestic violence cases, theft and embezzlement cases, towing industry cases, and the general spectrum of criminal violations. Mr. Steering’s law practice involves representing persons in California. He is also a member of the State Bar of Georgia and has also litigated cases in Georgia, Alabama and the District of Columbia. 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 devoted to 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 has been practicing criminal law since 1984 (in California since 1986.) He has tried and otherwise litigated hundreds of criminal cases, including murder cases, manslaughter cases, assault and battery cases, drug possession and drug manufacturing cases, DUI cases, Vehicular homicide cases, white-collar investor fraud cases, sex-offender or drug offender registration cases, violation of court order cases, domestic violence cases, theft and embezzlement cases, towing industry cases, and the general spectrum of criminal violations.

Mr. Steering is an expert in defending your bogus criminal action, in a way to best protect and enhance your ability to ultimately obtain some justice; reasonable compensation and redress, for your police beating; for your false arrest; for your unlawful search and seizure; for your malicious criminal prosecution; and for what’s usually at the center of all of the above, the exercise of our right to freedom of speech, and to complain to public officers, about misconduct by them or others, under the First Amendment to the United States Constitution.

PUBLICATIONS ON CRIMINAL LAW.

Mr. Steering is also a published legal scholar, and has a published Law Review Article a logical quandary of federal evidentiary law: the disparity in the use of “accomplice accusations” between Fourth Amendment (accomplice accusations sufficiently reliable to establish probable cause for search warrant), and Sixth Amendment analysis (accomplice accusations are so inherently unreliable, that Congress could not have meant to have included them with the ambit of the Declaration Against Penal Interest exception to the hearsay rule.) As explained in the Law Review Article, a statement is either made under circumstances that we believe indicate that they are reliable, or not. Although the tests may be somewhat different, the statement is either reliable or not, and treating the statement as unreliable for Sixth Amendment purposes, but as reliable for Fourth Amendment purposes, is simply illogical. See, “The Application Of Sixth Amendment Tests For The Reliability Of Hearsay Evidence To Probable Cause Determinations”, 16 Rutgers Law Journal 869 (1985.)

CRIMINAL TOWING INDUSTRY CASES.

Don’t Get Convicted For Auto Theft Or Extortion For A Misdemeanor Or Infraction Violation of Vehicle Code Sections 22658 or 22953

Jerry L. Steering has substantial civil and criminal experience in the area of Private Property Impound cases. He has defend major felony prosecutions of tow truck companies and their drivers in Los Angeles County, Orange County and San Bernardino County. Many of these cases, that should at most have been a civil matter, have been converted into felonious conduct, by politically ambitious public prosecutors, following a series of incidents in the mid-2000′s, regarding “predatory towing.” Rather than the motorist having a mere civil dispute with the towing company, as prescribed by the Vehicle Code Sections 22658 and 22953, or infractions or even Vehicle Code misdemeanors, prosecutors are criminally prosecuting towing companies, and charging then with auto theft (Cal. Penal Code § 487(d)(1)), taking a vehicle without consent (Cal. Veh Code §  10851) and extortion (Cal. Penal Code §§  518 and 519.) Their legal theory is basically that Section 22658 specifies the situations in which a towing company can legally tow a vehicle from private property without the consent of the owner / motorist, and that any violation of those Vehicle Code misdemeanors or infractions, also constitutes the unlawful taking of a vehicle without the owner’s consent; violation of Cal. Veh Code §  10851.

The DA’s also prosecute the same towing company and its drivers for extortion, Cal. Penal Code §§  518 and 519, for demanding a towing fee and other associated charges, in order to release their vehicle to them; even for “drop fees.” In the minds of these politically ambitious prosecutors, your prosecution if their ticket to becoming a Judge, and they don’t care how many innocent lives they ruin to do it.

MR. STEERING HAS EXTENSIVE EXPERIENCE IN THE DEFENSE OF THESE TYPE OF CRIMINAL CHARGES, AGAINST TOWING COMPANIES AND ITS DRIVERS.

Predatory Towing Is, In Large Part, A Fiction.

When it comes right down to it, a non-consensual towing of a vehicle is either lawful or it’s not. If it’s lawful, than it can’t be predatory; or can it? The politicians scramble to demonize tow truck operators, who lawfully tow vehicles, because everyone hates have their car towed, and because they need a cause to trumpet in times of no other demons available for protecting against (when’s the last time that you heard Nancy Reagan’s “Just say no to drugs.”) If you park your car at your friend’s apartment complex in a fire lane zone, only to drop-off a package to your friend, and only intend to leave your car in that spot for three minutes. Should the towing company be able to grab and take-off with your car if they are lying in wait for someone to park in the fire lane? Is that really predatory towing? The politicians claim “Yes”, but there has been no laws broken.

So, What’s All The Hubbub About “Predatory Towing.”

Here’s the problem. Between 2000 and 2005, the issue of whether a California peace officer either could enforce the provisions of Cal. Veh Code § 22658(l), specifically that provision requiring that in the case of a nonconsensual towing of a vehicle by one in possession of private property, that the property owner or his agent be present at the scene of the tow, and personally authorize any such tow, in writing, at the scene, was in dispute. If the towing company was in federal court, they win, if they’re in state court, they lose. What? How can that be? How can a towing company successfully sue the police for arresting him for actions that the same towing company often got sued for, and criminally prosecuted for, in state court?

What  Is A Private Property Impound?

Private Property Impound  is the nonconsensual towing of a parked vehicle from private property. It is usually initiated by either a security guard, property manager or property owner, calling a towing company, because someone parked their vehicle on private property, like an apartment complex, in violation of the California Vehicle Code. In order for one to have another’s car towed from private property, all entrances to  the property must conspicuously display signage in the Vehicle Code’s required statutory language, and conforms to its physical signage requirements:

Cal. Vehicle Code Section 22658 provides in pertinent part:

“The owner or person in lawful possession of private property, including an association of a common interest development as defined in Sections 4080 and 4100 of the Civil Code, may cause the removal of a vehicle parked on the property to a storage facility that meets the requirements of subdivision (n) under any of the following circumstances:

(1) There is displayed, in plain view at all entrances to the property, a sign not less than 17 inches by 22 inches in size, with lettering not less than one inch in height, prohibiting public parking and indicating that vehicles will be removed at the owner’s expense, and containing the telephone number of the local traffic law enforcement agency and the name and telephone number of each towing company that is a party to a written general towing authorization agreement with the owner or person in lawful possession of the property. The sign may also indicate that a citation may also be issued for the violation. . . . .

Cal. Vehicle Code § 22658 also provides under what circumstances, a towing company may remove a properly signed parking area

. . . . l) (1) (A) A towing company shall not remove or commence the removal of a vehicle from private property without first obtaining the written authorization from the property owner or lessee . . . .

. . . . (B) The written authorization under subparagraph (A) shall include all of the following:

(i) The make, model, vehicle identification number, and license plate number of the removed vehicle.

(ii) The name, signature, job title, residential or business address and working telephone number of the person, described in subparagraph (A), authorizing the removal of the vehicle.

(iii) The grounds for the removal of the vehicle.

(iv) The time when the vehicle was first observed parked at the private property.

(v) The time that authorization to tow the vehicle was given . . . .

. . . . . (D) A towing company shall not remove or commence the removal of a vehicle from private property described in subdivision (a) of Section 22953 unless the towing company has made a good faith inquiry to determine that the owner or the property owner’s agent complied with Section 22953.

(E) (i) General authorization to remove or commence removal of a vehicle at the towing company’s discretion shall not be delegated to a towing company or its affiliates except in the case of a vehicle unlawfully parked within 15 feet of a fire hydrant or in a fire lane, or in a manner which interferes with an entrance to, or exit from, the private property.

(ii) In those cases in which general authorization is granted to a towing company or its affiliate to undertake the removal or commence the removal of a vehicle that is unlawfully parked within 15 feet of a fire hydrant or in a fire lane, or that interferes with an entrance to, or exit from, private property, the towing company and the property owner, or owner’s agent, or person in lawful possession of the private property shall have a written agreement granting that general authorization.

(2) If a towing company removes a vehicle under a general authorization described in subparagraph (E) of paragraph (1) and that vehicle is unlawfully parked within 15 feet of a fire hydrant or in a fire lane, or in a manner that interferes with an entrance to, or exit from, the private property, the towing company shall take, prior to the removal of that vehicle, a photograph of the vehicle that clearly indicates that parking violation. Prior to accepting payment, the towing company shall keep one copy of the photograph taken pursuant to this paragraph, and shall present that photograph and provide, without charge, a photocopy to the owner or an agent of the owner, when that person claims the vehicle. . . .

. . . . (4) A person who violates this subdivision is guilty of a misdemeanor, punishable by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment in the county jail for not more than three months, or by both that fine and imprisonment.

(5) A person who violates this subdivision is civilly liable to the owner of the vehicle or his or her agent for four times the amount of the towing and storage charges. . . .. . . . (n) A vehicle removed from private

property pursuant to this section shall be stored in a facility that meets all of the following requirements:

(1) (A) Is located within a 10-mile radius of the property from where the vehicle was removed. . . .

. . . . (2) (A) Remains open during normal business hours and releases vehicles after normal business hours.

(B) A gate fee may be charged for releasing a vehicle after normal business hours, weekends, and state holidays. However, the maximum hourly charge for releasing a vehicle after normal business hours shall be one-half of the hourly tow rate charged for initially towing the vehicle, or less.

(C) Notwithstanding any other provision of law and for purposes of this paragraph, “normal business hours” are Monday to Friday, inclusive, from 8 a.m. to 5 p.m., inclusive, except state holidays.

(3) Has a public pay telephone in the office area that is open and accessible to the public.

So, What’s The Problem With Federal Preemption Of Cal. Vehicle Code § 22658? The Creation Of The Patrol Towing Industry.

In 1996, the owner of a towing company in Santa Ana, California, Patrick Tocher, was wrongfully put out of business, when the City of Santa Ana revoked his City of Santa Ana towing permit . Rather than lay down and take it, Mr. Tocher filed a “Pro Se” lawsuit against the City of Santa Ana; claiming, among other things, that the Federal Aviation Administration Authorization Act of 1994 (49 U.S.C. § 14501) preempted state and local laws on almost all towing issues; especially those dealing with the primary issue for what was to become that patrol towing industry; whether the property owner / manager can authorize a towing company to patrol their parking lots, and tow away vehicles that are either in violation of state or local laws, or otherwise in violation of the rules of that entity.

The United States District Court for the Central District of California (Judge Alicemarie Stotler) issued a permanent injunction, enjoining the City of Santa Ana, California, from enforcing not only its own Municipal Towing Ordinances, but also much of Cal. Veh. Code § 22658; that Vehicle Code Section that deals with private property impounds; the non-consensual towing of a vehicle from private property, because she found that those provisions of Section 22658(l) (and most others involving private property impounds), were not safety regulations.

Senior U.S. District Judge Alicemarie Huber Stotler (May 29, 1942 – June 9, 2014))

In affirming the permanent injunction that had issued from Judge Alicemarie Stotler, the Ninth Circuit Court of Appeals held not only that the City of Santa Ana, California, was preempted by federal law, from regulating the towing of vehicles (i.e. requiring city towing permits, requiring that tow companies that do towing business in Santa Ana, maintain a tow yard in Santa Ana), but was also preempted from enforcement of those provisions requiring the presence and written consent of the owner or lessee of the private property (or their agent) for each tow. See, Tocher v. City of Santa Ana, 219 F.3d 1040 (9th Cir. 2000.) See also, “Tow Truck Operator Wins Suit”, L.A. Times, July 16, 2000.

Because the Ninth Circuit Court of Appeals enjoined the City of Sana Ana from enforcing the provision of Section 22658(l) requiring the presence and written consent of the owner or lessee of the private property (or their agent) for each tow, towing companies made a fortune by patrol towing. Here’s the routine? Towing companies would obtain General Authorizations from apartment complex or shopping center owners / managers to patrol their parking lots for parking violations, and when they found such violations, tow the violating vehicles. The towing companies would, for free, erect the proper signage for the property, and would get a list of apartment tenants. The towing companies would have parking permits printed-up and would give them to the property managers, to distribute their tenants. The tenants were told that they needed to have the parking permit conspicuously displayed on the tenants’ vehicles. Then, when the towing company would patrol the apartment complexes parking lots and find cars parked there without the required permit, or parked in a fire lane, a handicap zone or blocking traffic, they would tow the vehicle away as soon as possible.

Because many, if not most of the apartments that would have their lots patrolled were the type of apartments that had more persons residing there with vehicles than there were permits issued for a particular apartment (i.e. two parking permits issued per apartment, but four people with vehicle residing in such apartments), there would always be a treasure trove of vehicles to tow, and the towing companies didn’t disappoint. When the tow trucks came by at 3:00 a.m., there were always plenty of vehicles parked there that didn’t have permits, or were otherwise in violation of parking laws and rules (i.e. parking in fire lane, parked blocked traffic or parking in a handicap spot without a handicap sticker, all still prohibited by state law.) Towing cars from these lots was like fishing in a fish hatchery, filled with underfed hungry fish. The towing companies made a killing.

The apartment managers and many of the tenants, were also very happy about the whole arrangement, because many legitimate tenants who paid to live there, and who had a properly issued parking permits, wouldn’t have their own parking space to park in, and often had to park down the street from their paid for designated parking spot. Moreover, the apartment managers liked the arrangement, because it would cut down on drug dealing in their buildings, because drug purchasers would park their car in the lot, and go to the drug dealers apartment to buy their drugs. However, since they didn’t have a parking permit for that apartment complex, by the time that they returned to their unlawfully parked vehicles, they would find that their cars had been towed away. That certainly cut-down on the drug dealers dealing out of their apartment in such an apartment complex.

Moreover, commercial lots, may of which didn’t have enough parking for their merchant tenant’s patrons, also had their lots patrolled, and generally liked that arrangement. Okay, so now what’s the problem?

The Witch Hunt Against Tow Companies For Patrol Towing Results In State And Federal Legislation, And A United States Supreme Court Decision, On State And Local Control Of The Towing Industry.

The State Courts Claim Not To Be Bound By The Ninth Circuit Court of Appeals.

In 2001 in People ex rel. v Servantes, 86 Cal.App.4th 1081, 103 Cal.Rptr.2d 870 (2001), the First District Court of Appeal refused to follow Tocher,  and held that Vehicle Code Section 22658(l)(1)(A) wasn’t preempted by the FAAA Act of 1994, and that in the case of a non-consensual tow of a vehicle from private property, other than in the case of an unlawfully parked vehicle that was either blocking traffic or parked in a fire lane, that a towing company needed to get specific written authorization from the private property owner or his/her agent for each tow, who also had to be present on the property at the time of the tow.

Accordingly, California state and local police agencies found themselves in a quagmire: under California law (Servantes), a towing company could be cited for misdemeanor violation of Vehicle Code Section 22658(l)(1)(A) for patrol towing, but if they did, the towing company could go to federal court, and (pursuant to Tocher) sue the police officers and their employing entity for injunctive relief and for damages, for enforcing Section 22658(l)(1)(A). Most, if not all police agencies responded by refusing to follow Servantes, but considerable resentment built-up over the years by police agencies and prosecutorial authorities against towing companies involved in patrol towing.

In response to this “political resentment” of the patrol towing industry, in 2005, in Tillison v. City of San Diego, 406 F.3d 1126 (9th. Cir. 2005), the Ninth Circuit partially backtracked on Tocher in holding that Cal. Vehicle Code § 22658(l)(1) is not preempted by 49 U.S.C. § 14501, because requiring that in the case of a non-consensual tow of a vehicle from private property, that the property owner or his/her agent be present on the property where the private property impound takes place, and requiring that the property owner or his/her agent authorize in writing each and every tow from the property (save the non-consensual towing of a car that is parked in a fire-lane or is blocking the flow of traffic), can properly be characterized as a safety regulation, and, therefore, exempted from federal preemption.

Then U.S. Representative Christopher Cox (R-Cal) was the co-sponsor of HR-3; a Bill to Amendment 49 U.S.C. Section 14501 to cease federal preemption of state towing laws

Moreover, in 2005, Congress enacted HR-3, that amended 49 U.S.C. § 14501, by adding 49 U.S.C. § 14501(c), that states:

“(5) Limitation on statutory construction.— Nothing in this section shall be construed to prevent a State from requiring that, in the case of a motor vehicle to be towed from private property without the consent of the owner or operator of the vehicle, the person towing the vehicle have prior written authorization from the property owner or lessee (or an employee or agent thereof) or that such owner or lessee (or an employee or agent thereof) be present at the time the vehicle is towed from the property, or both.”

Accordingly, while Cal. Veh. Code § 22658(l)(1) is now not preempted by Section 14501, other provisions of Cal. Veh. Code § 22658 still are so under federal law; something that the California First District Court of Appeal refused to recognize in People ex rel. v Servantes, 86 Cal.App.4th 1081, 103 Cal.Rptr.2d 870 (2001.)

Even with this change in law, if the towing company has a General Authorization to patrol the lot, and, the towing company finds a vehicle that is either: 1) parked in a way that’s blocking traffic, 2) parked in a fire lane, or 3) parked in a handicap space. Other than those exceptions, if a towing company wants to remove a vehicle from private property, such as a shopping center or an apartment complex, the owner of the property or their agent, must be present at the scene of the tow, and give their written authorization for the tow; actually requesting that the vehicle be towed.

In the commercial parking lot setting, Cal. Veh. Code § 22953 provides that when the requirements of signage and notice have been met for a commercial premises private parking lot (i.e. office buildings, shopping centers), that a vehicle still cannot be towed away from that private parking lot until the vehicle has been parked there for at least one hour. This one hour requirement is found in Cal. Veh. Code § 22953, that provides:

“Removal Prohibited

22953.  (a) An owner or person in lawful possession of private property that is held open to the public, or a discernible portion thereof, for parking of vehicles at no fee, or an employee or agent thereof, shall not tow or remove, or cause the towing or removal, of a vehicle within one hour of the vehicle being parked.

(b) Notwithstanding subdivision (a), a vehicle may be removed immediately after being illegally parked within 15 feet of a fire hydrant, in a fire lane, in a manner that interferes with an entrance to, or an exit from, the private property, or in a parking space or stall legally designated for disabled persons.(c) Subdivision (a) does not apply to property designated for parking at residential property, or to property designated for parking at a hotel or motel where the parking stalls or spaces are clearly marked for a specific room.(d) It is the intent of the Legislature in the adoption of subdivision (a) to avoid causing the unnecessary stranding of motorists and placing them in dangerous situations, when traffic citations and other civil remedies are available, thereby promoting the safety of the general public.(e) A person who violates subdivision (a) is civilly liable to the owner of the vehicle or his or her agent for two times the amount of the towing and storage charges.

Amended Sec. 5, Ch. 609, Stats. 2006. Effective January 1, 2007.”

The Witch Hunt Against Tow Companies For Patrol Towing; Felony Prosecutions Against Towing Companies For Infraction / Misdemeanor Vehicle Code Towing Laws.

Since 2005, police and prosecutorial agencies have been engaged in “payback” for the five years (2000 to 2005) that the police watched towing companies engage in patrol towing (that still exists in the above-shown more restricted form; patrol towing of vehicles from private property that are either blocking traffic, or are parked in fire lanes). The “payback” was and is, prosecutions such as the case at bar; felony prosecutions for “auto theft”, extortion, attempted extortion and car jacking, for actions that the vehicle code specifically classify as misdemeanors.

This “political payback” also included various additions and amendment to the Vehicle Code. Until 2007, violations of the various provisions of  the California Vehicle Code relating to the towing of  vehicles were infractions[1]. That changed in 2007 when[2] the California legislature enacted AB 2210. In doing so, the legislature sought to increase penalties from infractions to misdemeanors for certain violations of the Vehicle Code regarding the non-consensual towing of vehicles from private property.

The cops and DA’s haven’t forgot 2000 through 2005. They are vigorously prosecuting towing companies and their drivers for felony auto theft and extortion, for even the most technical violations (i.e. no public payphone at tow yard; car towed more than 1o miles away, etc.).

If you’re being prosecuted for auto theft or extortion for vehicle towing, the Law Offices of Jerry L. Steering can help you.

Jerry L. Steering

Santa Ana, CA Police Brutality Attorney

As far back as 1990, Mr. Steering won a $612,000.00 jury verdict (plus attorney’s fees) against a sole Santa Ana Police Department police officer for unreasonable force; Farahani v. City of Santa Ana, U.S. District Court (Santa Ana)(See, “Police Brutality False Arrest Case Results” pages for verdicts / settlements / judgments against other police agencies.)
Mr. Steering has been suing police officers and defending bogus criminal cases of crimes against police officers, since 1984, and in California since 1986. Mr. Steering is a member of the State Bar of Georgia, and had also litigated cases in Georgia, Alabama and the District of Columbia. 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.”
Santa-Ana-Police-Department-MET-Team-Gansters-at-Pool-300Santa Ana Police Department police officers are well versed in false arresting and maliciously prosecuting innocents for such “resistance offenses”, for Contempt of Cop. They routinely at least attempt to procure the filing of some sort of “resistance offense” for your daring to question or protest their authority of actions (“Contempt of Cop“), for 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, or these days, if they really beat you up badly, for violation of Cal. Penal Code § 69; felony resisting officer with threat of, or use of force and violence.
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.

Law Offices of Jerry L. Steering

Jerry L. Steering, Esq.

Free Case Evaluation

42 U.S.C. § 1983 Lawsuits

Jerry L. Steering is a civil rights lawyer who sues police officers and other public officials under 42 U.S.C. § 1983, literally, almost every day. He is an expert in these “Section 1983 cases”, and can help you obtain whatever vindication of your federal Constitutional rights is available to you, based on the facts of your particular case. Almost every one of Mr. Steering’s civil rights cases involves allegations that some peace officer or other person acting under the color of state law, violated his client’s federal and state constitutional rights.

The federal statute that persons in the United States use every day to sue police officers and other persons acting under the color of state law, is “The Ku Klux Klan Act of 1871“;  42 U.S.C. § 1983. As shown below, Section 1983 was a Reconstruction Era Law enacted by Congress along with other laws, to enforce the mandates of the Fourteenth Amendment and its guarantee that the protections of the federal constitution apply to persons of African descent, as well as white person.

The Civil War and The Abolition Of Slavery:

The Reconstruction Amendments To The United States Constitution; Amendments 13, 14 And 15.

 42 U.S.C. § 1983 Is A Post-Civil War Statute, That Was Enacted To Give Persons Of African Descent A Right To Sue For Damages In Federal Court For State Action That Violates Their Federal Constitutional Rights.

The federal statute that persons in the United States use every day to sue police officers and other persons acting under the color of state law, is “The Ku Klux Klan Act of 1871″; 42 U.S.C. § 1983. As shown below, Section 1983 was a Reconstruction Law enacted by Congress, to enforce the mandates of the Fourteenth Amendment and its guarantee that the protections of the federal constitution apply to persons of African descent, as well as white persons. Our present “Federal Civil Rights Law” (42 U.S.C. § 1983) entitles anyone within the United States to sue in federal court for  violation of the rights guaranteed to them under the laws and Constitution of the United States, by state and local officials, acting under the color of state law. Section 1983 is that “appropriate legislation” referred to in the 13th, 14th and 15th amendments; the Reconstruction amendments, that abolished slavery, and guaranteed that persons of African descent were, in fact, citizens, and for Congress to provide a federal civil remedy for the violation of any persons constitutional rights, by one acting under the color of state law. Today we use this statute to sue the police for anything from a false arrest, to a wrongful use of force by the police, to a malicious criminal prosecution, to free speech retaliation cases.

Ratification Of The Thirteenth Amendment To The United States Constitution.

In 1865 the states ratified the Thirteenth Amendment, that abolished slavery.

The Thirteenth Amendment provides:

Amendment XIII

Section 1. Neither slavery nor involuntary servitude, except as punishment for crime      whereof   the party shall have been duly convicted, shall exist in the United States, or any place subject to their jurisdiction.

Section 2. Congress shall have power to enforce this article by appropriate legislation.

Ratification Of The Fourteenth Amendment To The United States Constitution.

In 1868, the states ratified the Fourteenth Amendment, to mandate that recently freed slaves and other persons of African descent were citizens, with the same privileges and immunities as other citizens; including due process of the law; a fundamentally fair process, before a state shall deprive any person life, liberty or property:

The Fourteenth Amendment provides:

Amendment XIII

“The All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

Ratification Of The Fifteenth  Amendment To The United States Constitution.

On March 30, 1870, the states ratified the Fifteenth Amendment to the United States Constitution.

Amendment XV

Section 1.  The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude.

                    Section 2. The Congress shall have power to enforce this article by appropriate legislation.

The “Third Enforcement Act” To Enforce The Fourteenth Amendment; On April 20, 1871, Congress Passed The Ku Klux Klan Act;                         42 U.S.C. Section 1983.

April 20, 1971:

“An Act to enforce the Provisions of the Fourteenth Amendment to the Constitution of the United States, and for other Purposes.”

42 U.S.C. § 1983:

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

In the years after the Civil War, the South began to see the emergence of white terrorist groups. These organizations of composed mostly of veterans still aspiring to the goals of the Confederacy and their own Southern heritage, brought terror to freed blacks who looked to participate in the community as well as to their white allies. The Ku Klux Klan Act of 1871 was Congress’ attempt to put an end to the policies of terrorism, intimidation, and violence that the Klan, the Knights of the White Camelia, and the Jayhawkers had been using. The law unfortunately failed to eradicate the Klan or abolish the continued use of fear tactics and brutality against blacks and supportive whites.

Founded as a fraternal organization by Confederate veterans in Pulaski, Tennessee, in 1866, the Ku Klux Klan soon became a paramilitary group devoted to the overthrow of Republican governments in the South and the reassertion of white supremacy. Through murder, kidnapping, and violent intimidation, Klansmen sought to secure Democratic victories in elections by attacking black voters and, less frequently, white Republican leaders.

In response to Klan violence, Congress passed the first of “three Enforcement Acts” on May 31, 1870, to ensure that the provisions of the Fourteenth and Fifteenth Amendments were followed. The act, which made it a federal offense to attempt to deprive anyone of his civil rights, had little effect on the deteriorating situation. A second Enforcement Act, passed on February 28, 1871, established federal supervision over elections, but also did little to remedy the situation. After the failure in the House of a more powerful bill that would have given the federal government additional power to enforce election law, President Grant decided to intervene. The President met with Congressional leaders to urge the passage of stronger legislation, and on their recommendation, Grant issued a direct appeal to Congress requesting a new law. Grant’s appeal was successful, and Congress passed the Ku Klux Klan Act

Also known as the “Third Enforcement Act”, the bill was a controversial expansion of federal authority, designed to give the federal government additional power to protect voters. The act established penalties in the form of fines and jail time for attempts to deprive citizens of equal protection under the laws and gave the President the authority to use federal troops and suspend the writ of habeas corpus in ensuring that civil rights were upheld.

President Grant put the new legislation to work after several Klan incidents in May. He sent additional troops to the South and suspended the writ of habeas corpus in nine counties in South Carolina. Aided by Attorney General Amos T. Akermen and the newly created Department of Justice, extensive work was done to prosecute the Klan. While relatively few convictions were obtained, the new legislation helped to suppress Klan activities and ensure a greater degree of fairness in the election of 1872.

In 1871, Congress enacted the Ku Klux Klan Act (42 U.S.C. § 1983), that gives any person whose federal Constitutional rights have been violated, a right to sue, any person who violated those rights under the color of state law, in a United States District Court. Section 1983 lawsuits can also be brought in a state court of general jurisdiction; See, 42 U.S.C. § 1983. Accordingly, a person who is falsely arrested by a peace officer (i.e. police officer, deputy sheriff, or some other officer who derives peace officer powers from state law), may sue the police officer under Section 1983, as well as under California state law. Similarly, one who is subjected to unreasonable force, a malicious criminal prosecution, or other Constitution violation, may sue in a federal or state court for redress under Section 1983.

Commonly referred to as “Section 1983 cases” or actions, this federal statute was enacted by Congress in response to a letter from President Ulysses S. Grant; complaining of the conditions in the Southern states, and asking Congress to create a remedy for persons of African descent (i.e. former slaves), for violation of their federal Constitutional rights, by persons acting under the color of state law; the Sheriff and his posse. That’s what the KKK did. The local Sheriff and his posse, deputized and KKK members, would murder former slaves, but their widows and children had no actual remedy in Southern state courts; no remedy that either a Court would allow to proceed, or if so allowed, that a Southern white Post Civil War jury, would award compensation for. Accordingly, President Grant wanted persons of African descent to have a remedy in federal court, for such atrocities. Similar criminal statutes were enacted by Congress for the same Constitutional violations, in 18 U.S.C. § 241 in 1966 (conspiracy to violate Constitutional rights), and 18 U.S.C. § 242 in 1870 (violation of federal Constitutional rights under color of law.

That statute is the vehicle that is used today to sue police officers and other governmental officials. It’s literally the most used law in the United States to sue police officers for violating the federal Constitutional rights of another.

Section 1983 Actions – Our Remedy For Federal Constitutional Violations.

Section 1983 is not itself a source of substantive Constitutional rights, but merely provides a method for vindicating federal rights conferred in the federal Constitution itself. Graham v. Connor, 490 U.S. 386, 393-94 (1989.) In other words, Section 1983 is a federal statute that doesn’t define any Constitutional rights, but merely provides a civil remedy for persons whose federal Constitutional rights have been violated. So, when the policeman falsely arrests you, you can sue the cop under 42 U.S.C. § 1983 for violation of your federal Constitutional rights under the Fourth Amendment, as being the victim of an unreasonable seizure of your person. So, when the policeman beats-you-up for telling him that you know your rights and he has no right to search your car, you can sue him under 42 U.S.C. § 1983 for violation of your federal Constitutional rights under the Fourth Amendment for an unreasonable seizure of your person under the Fourth Amendment to the United States Constitution, and, for violation of your First Amendment right to free speech / right to petition government for redress of grievances, for retaliating against you for your right to protest police actions. Duran v. City of Douglas, 904 F.2d 1372 (9th Cir. 1990.)

If you believe that a government official, including police officers, violated your Constitutional rights, please contact us about your case.

Jerry L. Steering, Esq.

The Law Offices of Jerry L. Steering   •   4063 Birch Street   •   Suite 100   •   Newport Beach, CA 92660  map   •   © 1984-2016
Phone: (949) 474-1849   •   Fax: (949) 474-1883   •   Email: jerrysteering@yahoo.com   •   Web: www.SteeringLaw.com

Temecula Police Misconduct Attorney

Jerry L. Steering arguing before the Ninth Circuit Court of Appeals in police shooting case, Pasadena, California

Jerry L. Steering, Esq., is a Police Misconduct Attorney, who deals with false arrests cases daily. His law practice involves serving, among other places, the cities of Murietta and Temecula, and the Riverside County cities shown below.

The Riverside County Sheriff’s Department is especially creepy in the Southwest Judicial District, that includes Riverside cities from Lake Elsinore to Temecula, and the rest of South County.

The Internal Affairs Bureau of the Riverside County Sheriff’s Department is also a Division of that agency, devoted to protecting the Department and its deputies for liability for torts and crimes perpetrated against civilians. You’re not going to find misconduct if you’re not looking for it, and the last things that the Internal Affairs Bureau of the Riverside County Sheriff’s Department is interesting in finding, is justification (contrived or otherwise) for its officers’ actions.

He is an expert in brutality / excessive force and false arrest cases; both civil and criminal. Jerry L. Steering has successfully sued the Riverside County Sheriff’s Department over the years.

Danny Eatherton
Danny Eatherton of Nuevo, California, witnessed Riverside County Deputy Sheriffs beat-up an unconscious man who crashed his vehicle in front of Mr. Eatherton’s house during a vehicle pursuit

Most recently, Mr. Steering has obtained settlements against the County of Riverside for wrongfully tasing and falsely arresting a former Riverside County Sheriff’s Department Deputy Sheriff (Daniel Torres v. County of Riverside, U.S. District Court, Central District of California (Riverside)(2010), $500,000.00), 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; a case of a false arrest and knee dropping at the Temecula Rod Run of 2011), and for using unreasonable force upon a bystander who witnessed the Sheriff’s Deputies beat-up an unconscious man who crashed his vehicle in front of the plaintiff’s home during a vehicle pursuit. See, Danny Eatherton v. County of Riverside.

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) (Sgt. Anthony Sclafani, now a guest of the U.S. Bureau of Prisons, was the main defendant.)

POLICE MISCONDUCT ATTORNEY; POLICE BRUTALITY CASES.

Jerry L. Steering has successfully sued the Riverside County Sheriff’s Department over the years.

Riverside County Sheriff Chad Bianco and Riverside County District Attorney Mike Hestrin exchange pleasantries
Riverside County Sheriff Chad Bianco and Riverside County District Attorney Mike Hestrin exchange pleasantries. These two men are in large part responsible for police beatings, false arrests and malicious criminal prosecutions

They routinely violate the constitutional rights of the locals and visitors alike, and usually get the “prosecutorial support” of an equally creepy District Attorney’s Office, that is more than happy to “persecute” those violated by the Sheriff’s Department; not because they believe that the civilian committed a crime, but only to protect the reputation, and potential civil liability of the Deputy Sheriffs committing the Constitutional violations.

In Riverside County, the District Attorney’s Office routinely prosecutes the victims of Police Brutality and False Arrest, to protect the Sheriff’s Department from its victims. This is no joke. Moreover, the Judges in the Murrieta Courthouse where Temecula cases are heard, bend over backwards to help the District Attorney’s Office convict the innocent victims of police violence.

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.

In Risk v. Cathedral City, U.S. District Court (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

RCSD Sgt. Ken Southern falsely arresting Mr. Chynoweth for resisting his beating by Sgt. Southe

$750,000.00 settlement for unreasonable force.

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;

David Parnell was beaten-up in his own home when RCSD Detectives arrested him in his home for a crime that he was innocent of

In 2013 in Parnell v. County of Riverside, U.S. District Court (L.A.) Mr. Steering obtained $250,000.00 at award at trial for unreasonable force and unlawful search;

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.

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.

If you have been the Victim of Police Misconduct or other Civil Rights violations, please call or email Mr. Steering and he will respond to your inquiry.

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

Law Offices of Jerry L. Steering

Jerry L. Steering, Esq.

Free Case Evaluation

Save

Victorville – Apple Valley Excessive Force Attorney

Jerry L. Steering Interviewed on KABCVictorville – Apple Valley Excessive Force Attorney Jerry L. Steering, Esq., is a Police Misconduct Attorney, who sues police officers for, among other things, the use of excessive force upon civilians. His law practice involves serving, among other places, Victorville, Apple Valley, and the San Bernardino County areas and cities shown below. Mr. Steering also represents persons in both civil and criminal cases and is an expert in brutality / excessive force and false arrest cases; both civil and criminal. Mr. Steering has successfully sued San Bernardino County police agencies successfully, for many years now.

POLICE BRUTALITY IN THE HIGH DESERT.

For whatever reason, police brutality in the Victor Valley has gone off of the charts. The City of Victorville is the hotbed these days for crazed cops, who apparently really take great pleasure in shooting innocents, and beating and false arresting their “prey.”

The San Bernardino County Sheriff’s Department contracts with the City of Apple Valley for their police services, and if your a fan of outrageous police shootings, beating and false arrest, Victorville is the place for you.

In 2015 these violent crazed deputies of the High Desert were caught on video recording viciously beating a man named Francis Pusok who literally attempted to escape from them on horseback.

There was a Sheriff’s Department helicopter that was flying over the foot pursuit by the deputies so when the news helicopter was flying over the Sheriff’s Department helicopter the deputies didn’t know that the news helicopter was there. As a result the deputies carried on their vicious and brutal attack of Mr. Pusok, such as the deputy seen literally kicking the surrendering suspect directly in his testicles. See, “DA files charges against 3 deputies in Francis Pusok beating“.

Had the news helicopter not been there and secreted by the noise of the Sheriff’s Department chopper, Mr. Pusok would have been charged with at least violation of Cal. Penal Code Section 69; using force and violence to prevent / attempt to prevent public officer from performing duty of their office (See, “Cal. Penal Code Section 69; The Hammer Of Oppression – Police Misconduct Attorney“); standard operating procedure for the San Bernardino County Sheriff’s Department.

These deputies know that when they beat, torture or even kill civilians, even totally innocent ones, that San Bernardino County District Attorney Mike Ramos will prosecute their victims with some sort of “resistance offense” to beat them down (i.e. the financial costs and emotional toll of having to defend oneself on bogus criminal charges) to take a plea that will preclude the victim of police abuse from successfully suing the deputies for their constitutional violations. See, “”The “Contempt of Cop Game”; How Well Can You Play?“”. On May 15, 2013 District Attorney Ramos stated as much; that his office will not be dismissed any cases involving “Crimes Against Peace Officers” (“CAPO”) (See, “San Bernardino County DA Launches New Unit For Crimes Against Police Officers“).

Here are a few examples of several of the false arrest / excessive force cases that Mr. Steering has had against San Bernardino County:

Morgan v. County of San Bernardino, U.S. Dist. Court, Cent. Dist. of Cal. (Riverside), (1996), $714,000.00 jury verdict (included compromised attorney’s fees) for excessive force and false arrest during search warrant execution in Apple Valley, California;

Darr v. County of San Bernardino, U.S. Dist. Court Cent. Dist. of Cal. (Riverside)(2000), $50,000.00 settlement for violation of first amendment right to freedom of association;

Austin v. County of San Bernardino, U.S. District Court, Central District of California (2002), $500,000.00 jury verdict for false arrest and excessive force;

Lopez v. County of San Bernardino, U.S. Dist. Court Cent. Dist. of Cal. (Riverside) (2002), $50,000.00 settlement for racially motivated battery;

Miller v. City of San Bernardino, et al, U.S. Dist. Court Cent. Dist. of Cal. (Riverside) (2003), $35,000.00 settlement for unlawful detention;

Calderon v. County of San Bernardino, U.S. Dist. Court, Central Dist. of Cal. (Riverside)(2003), $115,000.00 settlement for false arrest and illegal search;

Arroyo v. City of San Bernardino, U.S. Dist. Court, Central Dist. of Cal. (Riverside)(2004), $125,000.00 settlement for unreasonable seizure of person;

Ford v. County of San Bernardino, (2007), $80,000.00 settlement for excessive force;

Garcia v. County of San Bernardino, U.S. District Court – Riverside (2008), $95,000.00 settlement for failure to protect inmate at Glen Helen Jail;

Diaz v. County of San Bernardino, et al., United States District Court – Riverside (2008), $49,999.00 settlement for excessive force;

In re Jane Doe v. County of San Bernardino, et al., (2008), $290,000.00 settlement (prior to filing lawsuit) for sexually motivated mistreatment of arrestee;

Grasso v. County of San Bernardino, et al. (2009), $180,000.00 settlement for unreasonable force / infliction of emotional distress;

Aubry v. County of San Bernardino, et al, U.S. Dist. Court (LA) (2012), $325,000.00 settlement for the use of unreasonable force and for false arrest;

Trent v. County of San Bernardino, U.S. District Court (Riverside) (2013); $600,000.00 settlement for unreasonable force and unlawful seizure of person;

Jones v. County of San Bernardino, U.S. District Court (Los Angeles) 2017; $170,000.00 settlement for unreasonable seizure of person.

Jerry L. Steering, Esq.