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    Default 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.

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