False Arrest and Incarceration Due to Fabricated Evidence
My question involves civil rights in the State of: California
Please be patient as it is complicated and huge mess involving cover up attempts. I need serious opinions as there is abuses by the agencies involved.\
I am currently in district court to file suit against the police, city, county and the DA for intentional false arrest with fabricated evidence, false imprisonment, 8th amendment, first amendment, 5th amendment, 6th amendment and 4th amendment violations.
Short story to make simple as a person ran off with our properties worth over $100K and we reported to the police but no action taken other than trying to contact the subject. We found out the guy was on parole with theft, the relatives also filed fraud complaint against him also. After a few weeks without the cops doing nothing, we contacted the police where the guy lives and no help to recover. On Saturday afternoon, we got the message from the gu's relative notified us as the guy was at his apartment (he moved before ran off) and we drove to the place to check if he is still there. Knocked on the door and heard noises from inside but did not answer,confirmed the guy was at his apartment. We called the cops and the cop told us to wait outside while one cop went to talk with the guy inside.
After a while the cop came out and arrested me for child cruelty according to the footage found in the subject's possession. When I demanded to call for assistant,the cops took my cell phone (cannot seize) as evidence, took all memory cards, USB drives and said evidence. The cops did not allow any lawful requests or rights and took action like we were not worthy as human. Then insisted to impound the vehicle and snatched the keys from my wife. I was locked in the patrol vehicle under the sun with windows rolled up, searched my car without warrant, consent and wife and child were detained while they searched. I had my rifle(legally bought) in the trunk under the toys, bicycle and tools that would take a while to retrieve was taken as illegal possession of firearm. The cops did not give us receipt of the items seized, did not let us know what was taken and when wife asked questions, threatened with arrest.
I was not questioned or get statements at all. The cops did not arrest the guy who admitted the items belong to me and protected him like the most valuable human in the whole world. Later I was taken to the station, parked the car in the parking lot while the cops having conversation and came to read my Miranda rights when I said that arrest was illegal and without notifying the cause after 4 hours.
I was sent to jail without any process for identification or interview and after 3 hours in holding cell, I found out the bail was set to $300K. The cops obtained restraining order with fabricated accusations portrayed as I was the violent criminal as the accusations include child cruelty, threatened to kill, armed with intention to use, burglary, vandalism and illegal possession of firearm.
I was held 5 days and released without charges. After I get back home, I contacted the DA to find out the status and to retrieve the properties.The answer was no charges filed, the case was closed,no further proceeding or investigation and the properties were transferred to the PD. Contacted the PD right away and the story started to another level.
The cops seemed to be surprised to hear from me and when I asked about my properties along with the police report, the person put on hold as need to ask the sergeant on duty. Then refused to release the properties as evidence and the report will not release to arrestee. Contacted the city officials and the chief also did not work but the attempts to cover up got worse with intimidation as the case was active investigation with the order from the DA (DA said closed). After multiple attempts to recover the properties and threats the cops filed restraining order against me as I was threatening to kill them (not joking). They filed the request with fabricated documents as the text messages I was sending (poorly done) and the cop did not show up at the court date. The city attorney showed up and demanded the judge to file criminal charges against me for lying to the court. The judge thrown out the request, dismiss the temporary order and my lawyer did not say anything when the judge asked if anything to submit (I asked the guy to request perjury request).
The cops did not release my properties no matter how the request was made and finally I contacted the DA in June 2016 to follow up. The DA said the case was dismissed in May (surprise it was Saturday date) and the properties were in PD confused me. When called the PD, transferred to the voicemail and since my number was blocked. The following week, I received the property release information and the paper works started to come in but the release info had footnote written as required the court order to get the properties back.
There is no court to issue order since there was no case filed and the DA never issue document. Finally received the certificate of release in July with back dated signature as release was in May with the mail stamp shows July. The cops were withholding the documents and made the case look like open investigation to thwart state claim. The statute of limitation to file the government agency in CA is 6 month and if the case is under investigation or still open, the claims are automatically denied.
I made Freedom of information act request twice for the body cam footage, police report and documents. The DA released partially and the rest were not released with excuse as there were violent threats involved that concerned the safety. The police department denied the request and just sent me the arrest record and booking record.
Now, I filed civil complaint at the district court and the cops hired the lawyer who works as the mediator and the former employee of the clerk office. The respond was inconsistent with each one as the arrest date was different in each respond and the evidences were different. The first respond said arrest was January 3rd with firearm possession, second was December 25th with vandalism, third was January 3rd as citizen arrest with vandalism. The evidence was stated in one document from the county said "Hard drive" with child porn and later it became a computer with no child porn. The accusations were inconsistent and the police department from my local city also refused to release the report I filed as the victim of theft. There was no charges filed against the thief but can clearly see that the cops were trying to protect the thief to protect one of their own.
Sorry for the long and confusing stories as I did not know why I was arrested until 5 months later but it is different each time made me more confused. I tried to hire the lawyer to fight the case and I did not find anyone who really pay attention but made assumptions. Some lawyers insisted to get the police report no matter how I explain and some told me to hire criminal defense as if I am a criminal. After filing complaint at the FBI, the DOJ and AG without any action taken, I filed the lawsuit at the district court with very limited information I had. The defendants filed motion to dismiss in December and the motion was partially denied with leave to amend. I filed the amended motion and started to notice the defendants' lawyer keep changing the court dates as he pleased. The FAC was filed with additional defendants including the DA and the city attorney, the complaint included the conspiracy to deprive the right, malicious prosecution and fabrications. I had to get the summon from the court after two weeks and served the additional defendants but the lawyer filed the motion to dismiss ASAP before I get the summon from the court. The lawyer included as I did not serve the defendants, did not provide the evidences and made up stuffs like little children. The court did not look at the documents we submitted as I assumed when we received the order. The motion was submitted without oral argument as the defendants' lawyer changed the date than the court originally issued.
The court original date was supposed to be on May 17th but the lawyer changed himself as April 19th for motion submission without oral argument.
Here come the question I am concern.
1) Can I object the court order to dismiss the police department, the police chief, the city attorney and the DA because I did not serve right away? (Summon was issued on the 14th and served on 15th but court said did not serve until 21st).
2) Can I file complaint against the lawyer's position at the court and influence as they are doing what they want?
3) What other options I have if I want the case to transfer to another court since we lack the trust to the court?
4) I made the FOIA request for the bodycam footage and documents recently. The lawyer contacted me and said he will release the documents after the court order. The lawyer do not have the right to withhold the request and the information that we are the primary party involved. Can I file complaint against the lawyer and demand for action?
5)What other options we have to pursue the case as I am not concern about how much I will make or get as I want the truth and make sure the law applies to everyone. The cops committed criminal acts and the district attorney (Fed) said on the record that the acts were criminal but they cannot do anything.
The PD is well known for their misconduct and they are still continuing their rampage with the help of the city officials to back them up, the whole gang cover up and most people walked away because they believe there is nothing they can do. I vowed to get the truth and make sure the rule of law is served equally on everyone and still going after 16 months with hardships. Especially when the cops detained my 4 years old autistic child and the damages caused to my son made me to take the action. The cops assumed we were illegal immigrants and even treated as one. That was another reason they refused to release the body cam footage at any cost.
Re: False Arrest and Incarceration Due to Fabricated Evidence
If I am to try to understand what you are stating, you filed a civil rights lawsuit in pro per, and the court has dismissed most of the defendants from the lawsuit due to your failure to serve them. It may be possible to now serve them to bring them back into the lawsuit, but there could be technical, procedural or timing elements that would prevent you from doing so.
It is not a violation of your rights for opposing counsel to ask the court to do what its clients want and not what you want. That's called advocacy.
Your losing a motion or not "trusting" the court is not a basis to change venue.
It is not a violation of your rights to be told by a lawyer for a government agency that you won't get certain items in response to a FOIA request without a court order. When your pubic records request is denied, and you believe the denial to be improper, you file a lawsuit seeking the disclosure of the requested records and have the court decide the issue -- that's in essence what you were told to do, in relation to records that the agency was not willing to disclose without a court order.
Your options to pursue a case? That's not something that we can answer in the abstract. You need a lawyer to review your complaint, the court record, and the present status of the case, and to advise you as to your options going forward.
What do you mean by "district attorney (Fed)"? Federal prosecutors work for a U.S. Attorney's office, and thus are not district attorneys, and they don't appear in civil litigation against state or local government officials.
The long and the short of it: You need a lawyer.
Re: False Arrest and Incarceration Due to Fabricated Evidence
First, it sounds to me like you neglected to comply with the CA tort claims act which is a prerequisite to suing a governmental entity. That claim must be made within 6 months of the offending event and, if denied, you then have a right to sue. Second, to get your property out of police evidence where the DA isn't cooperative, you just need to get a court order. Had you contacted counsel regarding that in the first place, you likely would have your stuff back a long time ago. Otherwise the police will hold it at least until any applicable statute of limitations has expired. Lastly, a cause of action for malicious prosecution requires an actual prosecution. You said the charges were never filed so that can't be pursued.
Re: False Arrest and Incarceration Due to Fabricated Evidence
The DA said case was dismissed and no further charges or investigation but the cops started to build their defense once they found out I was not charged. They made up like the case was active to prevent state tort claims. I cannot file state tort claim and the cops are so used to the system so they make things up to prevent the claim. But in federal court, it is not a mandatory to file state tort claim even the defense may use it as the fatal flaw.
In the mean time, the cops made up documents to file civil restraining order against me. All for sole purpose to put the guy who lost over $120K to theft and to protect the thief. The courts will not issue order since there was no case filed and the DA never issue order or documents so the cops made it impossible to get back the properties. The PD is well known in the area for their acts and when I was sent to jail also everyone said that was the worse place in the whole area with everyone were corrupt as they could from top to bottom.
I already filed the claim at the district court and the case management conference is coming up in a week after 7 months of going back and forth with dockets. The complaint clearly stated the violations but the court said we did not include enough facts. The case was closed and the police insisted it was active means there is something wrong, filed falsified documents by the cops became a tradition or normal or the defendants counsel playing game with the granted access I am not sure. The counsel worked for the clerk office and now the mediator means they have access inside pretty deep. The counsel solely represent the government agencies especially PD means there is something. I am glad that I did not have lawyer to push me around and settled the case as they negotiate off the grid. The defense counsel was not happy with the results since they expected to get the case dismissed but lucky the magistrate judge who looked at the case at the beginning was aware what was going on so it is ongoing. I am not interested in making money with the bitter memories to carry my whole life and I do not want another innocent person locked up by these crooks. I found some case law cited with attempted to malicious prosecution even the charges were not filed but there was one document to make the matter look bigger that the DA issued the report without looking at the calendar. They made up the document as the case was dismissed after the restraining order hearing but it fell on Saturday (May 13th 2017) and I am curious if there is any court open on Saturday. The cops issue certificate of release in July 2017 with the May 2015 date and the signature was dated 10 days after the release date. According to the COR, I was held 6 months without due process.
Now the court made the ruling without oral argument but the date was picked by the defense counsel and dismissed some of the complaint as lack of facts while two pages to support the facts look weird. Can i file objection against the order?
Quote:
Quoting
Mr. Knowitall
If I am to try to understand what you are stating, you filed a civil rights lawsuit in pro per, and the court has dismissed most of the defendants from the lawsuit due to your failure to serve them. It may be possible to now serve them to bring them back into the lawsuit, but there could be technical, procedural or timing elements that would prevent you from doing so.
It is not a violation of your rights for opposing counsel to ask the court to do what its clients want and not what you want. That's called advocacy.
Your losing a motion or not "trusting" the court is not a basis to change venue.
It is not a violation of your rights to be told by a lawyer for a government agency that you won't get certain items in response to a FOIA request without a court order. When your pubic records request is denied, and you believe the denial to be improper, you file a lawsuit seeking the disclosure of the requested records and have the court decide the issue -- that's in essence what you were told to do, in relation to records that the agency was not willing to disclose without a court order.
Your options to pursue a case? That's not something that we can answer in the abstract. You need a lawyer to review your complaint, the court record, and the present status of the case, and to advise you as to your options going forward.
What do you mean by "district attorney (Fed)"? Federal prosecutors work for a U.S. Attorney's office, and thus are not district attorneys, and they don't appear in civil litigation against state or local government officials.
The long and the short of it: You need a lawyer.
I filed civil rights violation complaint with the AG (DOJ), the US attorney office, FBI, AG (state) and any agency available but not a single one take action and DOJ responded as they investigate criminal conducts only such as dead or rape. The matter was simple as the cops arrested the victim of theft with fabricated evidences, fabricated documents, evidences were replaced or missing, reports were tempered as the cops cannot even figure out exact date of incident.
The US attorney office called me and said they are prosecutors but only the law enforcement can bring up the complaint so the US Attorney office cannot do anything. The US Attorney is the chief of the law enforcement who can order investigation was reluctant with their cops going to be exposed. I went to FBI 6 times and everytime they said "We will contact you" except one agent said "Find a lawyer before too long since the issue had been 7 months. You will make a lot of money" but I told the agent that I am not for money and dignity, integrity and truth worth more than anything else. I tried many lawyers and I haven't find a single one who pays attention. Even I contacted the legal writers to make the documents look good with what ever they charge, everyone told me to find a lawyer and consult. I clearly said that they do not have to worry about the lawsuit and I was willing to pay for their work. They made assumptions as I was asking them for advise while I was asking to edit the documents to comply with the format. So, ended up as I am doing everything myself.
The documents were served the day after the court issued the summons but the court staffs did not look at the documents returned as receipt but took the word of the defendants as truth. I just filed the case management statement today as the defendant counsel made false statements as both parties agreed on so many things but we did not have a single discussion other than the counsel tried to bully us. The counsel withheld the FOIA request we made since 2017 and said they will release the body cam footage after the case management conference (The last day to file amended complaint is one day before CMC. The counsel planned exactly how they wanted and expected us to file the amended complaint but I filed the motion to sanction the counsel and the court to review the policy with the employees representing the clients.Since we are filing as Pro Se, the court have to take the matters into consideration and I clearly stated that the court do not have the jurisdiction over my personal rights protected by the constitution and the defendants acted under colour of law so the court has jurisdiction.
As the victims, we doubt everything within our point of view since there was not a single minute in front of the judge to present the matter but everything was done in the work room. If the judge dismissed the matter as there was no violation, I am going to walk away with a smile and file appeal. But it is the game played by the defendant's counsel tried to get the case dismissed like the previous cases he won was not going as plan as we included the supporting documents for each facts. Even though the defendants were dismissed one after another to make it like there will be no one responsible. The strategy was practiced when my mother was practicing law in Asia and I spent most of my summer holidays at the court house among the hearings. So I am a little familiar with some of the tactics used but do not know the procedure how the club runs.