Unpublished Opinion: law.justia.com/cases/federal/appellate-courts/ca9/19-15550/19-15550-2020-06-18.html Factual Background as Articulated in Summary Judgment: casetext.com/case/martinez-v-city-of-pittsburg-8#:~:text=INTRODUCTION,which%20resulted%20in%20his%20death. News Article with some Bodycam Footage: www.ktvu.com/news/pittsburg-agrees-to-pay-over-7m-to-family-of-man-killed-by-police Gangsta CPS Loses Immunity! 😳 Demands the Right to Lie to Violate Citizens & Kidnap Kids! ua-cam.com/video/llXqlKB_AME/v-deo.htmlsi=q974eNTgxew4MKqE Kidnapper Judge Cindy Hendrickson Revokes Illegal Order 😳 (2023)! Admits Denying Me Due Process! ua-cam.com/video/hRaX0g7rgS8/v-deo.html Secret Judge Club Exposed 😳 at Corrupt California State Bar Meeting! (2023) ua-cam.com/video/LHRTQh0WTYk/v-deo.html I'm just trying to be a dad after my kids were abducted. Why am I the Father in Exile: How to Fight Corrupt Family Court (Expose it!) ua-cam.com/video/pVgudZtNYiQ/v-deo.html Voter Fraud and Abduction Admission Caught on Court TV in NV ua-cam.com/video/J9FeWPKEFo8/v-deo.html Judicial Misconduct & Rights Violations Caught on Court TV - Santa Clara, CA Judge Roberta Hayashi ua-cam.com/video/Zgog-NLFyC8/v-deo.html Santa Clara County California Superior Court Judges Who Deny Due Process and Participate in Misconduct and Felonies: Roberta Hayashi, Cindy Seeley Hendrickson, Brooke Blecher, Thomas Kuhnle. Transcripts and Filings Will be Released Publicly on this Channel.
here before everybody asks what happened and why you didn't show the decision at the end. but seriously, these are great! keep up the great work and I will spread the word as I can.
@@phobos258 Thank you! As you see, I resorted to editing in an Intro Title screen telling people to look in description or pinned comment. So from now on, I will do that and if there are any more comments like that, I give myself permission to ignore them!
ONE THING NOBODY IS SAYING ITS ONE THING ALOT OF THESE MURDERS HAVE IN COMMON AND THATS TRAFFIC STOPS! THEY HAVE YO DO AWAY WITH THE RACIST TERRY STOP WHICH IS RACIST IN THE INCEPTION OF IT! 1964 WAS THE FIRST TIME EVER OFFICER SAFETY WAS INTRODUCED TO THE PUBLIC AND I WONDR WHAT ELSE HAPPENED IN 1964 FIOR OFFICERS SAFTY TO BE INTRODUCED!!! YOU GUESSED IT BLACK AMERICANS WERE FINALLY FREED IN THE UNITED STATES OF AMERICA AND FROM THAT POINT ALOT IF LAWS CAME INTO AFFECT ALOY OF RACIST LAWS THAT HAS BRUNG THIS COHNTRY WHETE IT IS TODAY THE THINKING WAS THAT THESE LAWS WOULD ONLY BE USED ON BLACK AMERICANS BUT THISE OFFICERS FROM BACK THEN ARE RETIRED OR DEAD AND GONE AND NOW THAT SYSTEM IS BEING USED ON ALL AMERICANS WHICH NONE OF THIS SHIULD HAVE EVER BERN INACTED NEVER BUT WAS INTENDED TO OPRESS ON GROUP OF PEOPLE WHICH ALIT OF THIS WAS STATED OUT LOAD FOR ALL TO HEAR BUT ALL IGNORED AND SUPPORTED ALL OF IT EVEN BEING ABLE TO WRE TAPP OUR PHONES WITH IUT A WARRRNT
@@fatherinexilethat it is but will never happen. USA handed america to the UN in 1945. UN Inc. is where we get the UCC-1 CODES from. No UN Member STATE will retain Sovereign Nation Standing. The immunity is really Letters Of Marqee from the owners of the UN corporation world wide. And it's for these monsters that you are fighting a rigged system for your children. So much more I'm blocked from sharing on this platform.
@@airforcepac in a couple states they passed a law you need a $50M insurance policy on certain breeds of dogs, so why don't police have a similar policy as well? If they kill a family pet they should be charged as civilians would for killing a K9 as well, my opinion.
7 million? Is that what his life was worth, for a traffic violation? They beat him to death for a minor traffic violation? They unlawfully chase him, unlawfully enter his home and proceed to beat him to death. Make no mistake, they were not trying to subdue him, they were punishing him for running. And it takes a court to decide whether his killers acted legally? Don't make me laugh.
I remember watching COPS back in the day. Cops would be so amped up on adrenaline after chasing a subject and when they finally would catch him, they were angry and did everything to make that person pay for running. Mob mentality with these cops is off the charts.
“The problem with the district court’s reasoning is that they lumped all the officers in as integral participants…” Allow me to be the first to welcome these cops to the world they created. When you wear matching colors and commit crimes, you’re a gang. When you go out with your gang and participate in said crimes, you ALL did the crime. If you’re sitting out in the car, waiting to give your fellow gang members a ride after the crime is committed, you did it. If you help your fellow gang members hide evidence, you did it. even if you didn’t intend to commit a crime, but you do nothing to stop it, and you do nothing to separate yourself… guess what… you did it. That standard isn’t so convenient now, when it’s being applied to you and your actions and/or inaction, is it?
Well said 👏 👏👏 You didn't miss a thing. LEO'S, or others in positions of authority should get Double the sentence of any citizen! Higher standards and all...
💯 A restrained suspect is a restrained suspect regardless of whether the restraint is a pair of handcuffs or a pair of hands and, indeed, multiple pairs of hands.
Change up the circumstances. Say this was a bank robbery where someone inside the bank was killed. Is the get away driver also responsible? Lately as I understand it if an officer shoots and kills a suspect, a participant in the crime can be charged with murder. When do we get to see this 'Held to a higher standard"?
You dnt have to imagine as citizens have been screaming for all to hear that this has ALWAYS been happening.. As a NY cop said, "What'd u think? That they were lying for all of these decades?"...
You don't have to imagine, just look at the amount of incarcerated who have been exonerated and look what happens when they know the cameras are rolling
I am 52 years old and I have been through the unjustice system. And we didn't have cameras! And when it came down to it and as aways the court would take the side of the pig's testimony!
You know what is the most shocking. The fact they have a video and still can't see what the officers did was straight up evil and is still being defended. Shocking.
First, make no mistake, I believe this is an easy case to decide that someone needs to pay for the cops’ abhorrent behavior. That being said, the attorney for the cops is doing what the law demands - he is the check on the other side, doing his best to advocate for his clients despite horrible facts and circumstances. The attorney is not at fault here IMHO - it’s the system itself that allows for delay and arguing and the system itself that incentivizes the government actors to not admit wrong doing despite it clearly being present. It’s no different than the tax code - if a deduction is available would you use it, even if you didn’t believe it should be available? I don’t believe a corporation should get to write off certain things, but if I’m running a corporation I’m using the law as it exists in order to maximize my profit. I have an obligation to do so. I don’t make the rules nor get to pick the rules, but if I’m expected to follow them whether they are in my favor or not, I’m going to do so. The law needs to change, plain and simple. Legislatures needs to write qualified immunity out of existence via statutes and that solves the problem. It removes the entire sideshow related to special liability protection granted by the powerful to protect those who allow them to maintain power through use of force and weapons the powerful themselves would not use.
@mattstephens8887 I disagree that this is a necessary part of the law. I think this kind of case the police should have a difficult time finding a lawyer due to how bad these facts are. I Dont believe government organizations necessarily need the same rights safeguards as ordinary citizens due to the inherent power they have. I don't think we need to be fair to those that rig the rules for their own benefit.
@@redchief94 But are the cops/their union paying the attorney or is the city ====== if the cops ok BUT THERE IS NO WAY THE CITY SHOULD PAY AN ATTORNEY TO MAKE THIS APPEAL=======
@mattstephens8887 that lawyer has zero obligation to defend the indefensible. I'm of the opinion every time a prosecutor looses that should generate a review get enough bad reviews your disbarred. Same for judges, your cases get overturned you get relieved from the bench. Clearly in both cases basic constitutional issues are beyond comprehension and you loose the privilege to be involved in the justice system.
They could have mailed a citation when the guy ran. Instead they choose to endanger innocent people when they decide to initiate a high speed chase (idk if a vehicle chase happened here but just saying). They escalate everything. They aren't in this job for the boredom. They are looking to stir up some excitement. Brutal
"stop resisting"! As they pummel him to death with "approved law enforcement tactics"!!! I am sickened by this. How do you beat and taze a man to death without excessive force?? How did this country get to this point?
One of the sad part of this is the officers go home every evening and tell the family what an awesome job they did today after they’ve got through shaking their buddies hands and petting each other on the back and coming up with stories to try to justify their ways
Does the driver of a bank robber get charged even if he didn’t go in the bank? Same situation, all cops that showed up should be charged with attempted murder!
If law enforcement acts like a armed criminal gang they need to be prosecuted otherwise there will no longer be the rule of law and order. This makes all future interactions more dangerous for both sides.
Watching these lawyers and judges talk about these real people without any humanity is pretty sick to hear. They handcuffed and murdered the guy over a fix it ticket. This is why you want to stay out of court if at all possible. Glad it worked out in the end, but the sheer callousness of the discussion is disturbing.
Agreed! And the courts are a joke! As I always say, “the difference between Veterans Affairs and the judiciary is the VA treats me like crap for free!”
So let me get this straight, these office want to be given some breathing room for their actions, but they didn’t give any breathing room to the poor man. They beat to death. Cops just don’t get it. They can’t have it both ways. They continue to use excessive force, and then want to cry I have qualified immunity.
What's crazy is I don't think he even argued it that effectivly. He spent WAAAAY too much time trying to rebut the City Attorney's arguments about resisting arrest and degree of culpability in the beating, when he should have been hammering home the argument that the instant these individual cops entered the domicile they were in violation of the fourth amendment, and that their individual qualified immunity was terminated before the arrest/scuffle even took place. By the time he was being choked and restrained, they were engaged in criminal activity all. Thus the degree to which they assisted in battery of him was largely irrelevant, because the degree to which they had individually violated his rights was established.
Sure but seems these are just lawsuits where the taxpayers are on the hook meanwhile no criminal charges are brought against the cops and instead the cops are promoted afterwards.
Sounds like gang activity to me. How can the lawyer for the cops actually make his ridiculous argument with a straight face? The cops should be the ones in prison.
I’d bet that a person involved in a horrific vehicle collision has a better chance of not receiving the number and severity of the injuries inflicted by the officers’ beating.
This shouldn't go this far!! If we had Constitutional police departments and the cop's knew what they can and can't do we wouldn't have these problems!! End qualified immunity and Terry v Ohio and Pennsylvania v Mimms NOW!!
25:20 “we can see these officers r being forced to make split second decisions” no absolutely not they’re CHOOSING to escalate on what seems like a purely sadistic impulse
I'm continually shocked by the amount of force that is used in such an unreasonable manner. The training they receive literally focuses on survival and expecting the worst of everyone/everything. As an RN, I'm dismayed at times at the amount of trust that's put into the medical field. As much as medical treatment can help, you can easily be mixed up with certain providers or hospital systems that can provide inadequate and even harmful care.
These kinds of cases are happening 1,000 times a day across the country 😢 and even if u get excellent medical care, your life could be ruined by one chance encounter with government workers.
@@fatherinexile facts, though I never worked for the government. This is why I left the ER and trauma. What I've started thinking about is all these professions are in places of authority, and often considered 'absolute'. Nurses, doctors, NPs, PAs, firemen, teachers, cops, the Parking Authority 😂😳😔... We are all Type A people. Clearly, not all of us are bad. Is there a particular test that you think would help and how would that test be able to rightfully distinguish between righteous anger and downright brutality? I hope I don't sound dumb 🙏
You are 100% correct. Been in “health care” for 20 years and I don’t trust any provider anymore. Especially in the last 3 years. Nothing but one trick ponies is all they are.
They're never ever ever ever ever never ever ever should have been an arrest warrant it's a goddamn Fix-It ticket for f*** sakes the very first officer who gave him a Fix-It ticket needs to be put in prison to
Don't officers have the Duty to Prevent other officers from Going overboard physically and committing crime? So they had No Right to be in his house without an arrest warrant. It was a fourth amendment violation so can the man be blamed for fighting for his life against unlawful intruders? Where was an LT.? Wasn't there anyone that knew to get those officers out of his house and to prevent this Breach of the Peace by Peace Officers? All these cops are culpable to one degree or another. Not one of them tried to prevent this injustice. We need More thinkers and less tacklers on the Police Force, Killing a Man in his own home over a Ticket is Unacceptable. I too would be kicking and biting to defend my life if 7 armed intruders came into my house! 🤔
This Exactly. And this is what the victim's lawyer failed to argue effectively. Every cop inside that home was in violation of the man's Fourth Amendment protection. As such, they were all in violation of his civil rights, terminating their qualified immunity; and rendering any and all further actions criminal. IF THEY ENTERED THE HOUSE, they were in violation. And this is why the lower court could collectively judge them. The degree to which they assisted in beating the 'suspect' is irrelevant, because they were already engaged in the conspiracy.
I have insomnia so Im selfishly hoping you uplaod more tonight. Im obsessed with this channel. To see what the lawyers for these pigs argue is disgusting. I find myself arguing against them here in my kitchen lol Keep up the amazing work!!
I guess he got the short end of the stick to try to defend this. It's a loser. Suggesting that an officer was in the room, holding onnto a cuff but is oblivious to what else is going on. He's fighting for his life.
22:24 “so a jury could find that much of [arrestee’s] struggling was provoked by the conduct of the officers, the actual excessive force of the officers”
The lawyer for law enforcement totally ignores the 4th amendment, he argued that there was felony offenses involved, in his words; "after and as things escalated and that it includes battery, kicking, biting etc., but that ignores the defense's argument that the officers should not of entered the domicile. Because officers can only enter a domicile if they have exigent circumstances or to arrest someone if the officers just witnessed the suspect entering and if the suspect was actively fleeing a felony arrest. Or do I have that wrong? BTW I only just discovered this channel, I have been binge watching your uploads. They're really interesting and unbiased in showing what happens behind the curtain and why/how findings are ruled.
Every law enforcement personnel should have to have malpractice insurance like doctors, if they become uninsurable because of lawsuits they can no longer work in the field
If I ever make a mistake at work so bad that it gets me fired. I want my local tax payers to pay my legal fees for my defense. It’s ridiculous that we (the taxpayers) have to flip the bill for the bad and illegal choices of these badged gangs.
If five people go into a bank to rob it and only one has a gun does that mean the other four isn't guilty of the murder the I one committed while robbing said bank???????
I am so tired of hearing how we must see things from the officers viewpoint!! How about they start looking at it from the eyes of the person they are attack8ng in a gang style attack!!
Let me this straight, they initiated a pursuit over a fixit ticket, they unlawfully entered the guys home unlawfully, tackled, started to handcuff him, and then proceeded to beat him to death. All over a fixit ticket. Fleeing 200 yards to his house. Entering house, where the officers were required to obtain a search warrant. Pusuit and entering the house is not warranted based on misdemeanors.
The justice are correct, in that when he was obviously subdued, there was no reason for continued force. How could each cop not know what’s going on? It’s absolutely a jury question. QI must end immediately. No more hiding criminal behavior behind QI, when in most cases, every cop knows exactly what they’re doing, or other cops are doing. The attorney is trying to argue that the last 3 cops were blind?!
No officer who participated in the brutal arrest physically or observing the use of excessive without stopping the abuse should not be eligible for qualified immunity.. This needs to be made law !! If you see another officer using excessive force and you do nothing to stop it then you to should loose qualified immunity and be subject to litigation..
I hard to respect council when they argue for these Agent of evil and the history of lying which has been normalized in today law enforcement. So for council to try o keep qualified immunity for these agents of evil, as I cannot refer to them as law-enforcement when they criminalize the innocent while committing criminal acts themselves.
I believe these officers deserve the presumption of innocence before a trial and a robust effort at their defense just as every person does who is accused by the government. What I do NOT believe is that they should be exempted from any trial at all simply because they work for the government. Every one of these Qualified Immunity appeals shows the defense attorney denying facts stipulated to by the very process of the appeal. So they are conducting a psychic mini trail with the judges about what conclusions a future jury might possibly reach. How about we let an actual jury try the case just like we do for citizens not employed by the government. Qualified Immunity is a legal abomination (like Civil Asset Forfeiture) where the government arrogates to itself powers not specified in the Constitution. Insipid tyranny.
Wait until I am arguing in front of the 9th circuit! I filed one federal lawsuit already regarding my false arrest, and more are coming! Win or lose it doesn't matter. The point will be to document it here on UA-cam to see if a self represented litigant can get a fair shot and just resolution and to teach others along the way!
Qualified immunity needs to go! Gives these thin blue line gang members. Way too much privilege . They are supposed to protect and serve the public. They all swore an oath. But if they were all wearing red bandannas, or shaven heads and swasticka’s. They’d be up on federal charges. Instead they hide behind their sworn breatheren. Because they fear repercussion from their fellow gang members. It sickens me to see what we have allowed our public servants to become. It’s shameful.
I feel so bad for the father! He's been living in a nightmare but, he refuses to give up! He must truly love his children & want to be a part of their lifes.....this world needs more dads like him!
I can't even get the looney toon judge to order phone calls with my boys without making me wait months. She's pissed that I am standing up to her. I have never been accused of anything bad. 😥 Thank you for supporting the channel.
I'm confused the attorney for the police said the guy was snoring when they entered the home which allowed them to get one hand in a handcuff. The video that is related to this though shows them chase the guy in the house. At what point was he sleeping when they entered the house????
If I recall, the snoring reference was after cop had choke hold on him in the house. They were talking about the observations of a cop that came into house after hold had been applied.
It takes me a lot of time to sift through the archives to find the ones that I think the audience will most "enjoy." So far no shortage of these cases, but they get buried under a mountain of mundane cases.
It's absolutely insane that cops can beat civilians in such a way because there hasn't any prior established case law on it instead of using a beautiful and easy thing called common sense! QI is such a dirty thing and needs to be abolished because it's been being abused the second it became a thing
Treat officers as professionals. When they enter service each purchases basic insurance with the premiums paid by the taxpayers. As the cop collects infractions, the rates go up. Those additional rates are paid by the cop. When premiums get too expensive he'll quit. Just like lawyers and doctors.
The law is so completely insane where the lawyer says, " if there is no case law that says he can't beat the crap out of the suspect, then you must allow it". Does common sense not say that it is wrong ????????? I guess common sense, common decency and the law are different things. Any officer materially involved in the death of a suspect should be suspended and charged with murder. It is then up to the officer to prove that what he did was necessary, and should be covered by qualified immunity. Exactly the opposite of the way that qualified immunity works now, where he is free to carry on working until it is proven that qualified immunity does not apply.
In Texas if a criminal is participating in a crime even as a getaway driver and a person dies all participants are charged with murder. By the same measure if the officers commit a crime against the "aresstee" are not all the participants then chargeable with the crime?
Looks like the lawyers and judges are just going through the motions. Defence is struggling and knows the judges know, he is just obliged to say something that might look reasonable.
Which jurisdiction? Most federal district and appellate courts do not have cameras. In the federal appellate system only the 2nd, 3rd, and 9th circuits have cameras as far as I’m aware.
Thats the great thing about the USA, every defendant gets a lawyer who will try his best to get you off the hook even if that lawyer knows you are guilty as sin.
I kinda feel bad for these defense attorneys. Even the devil has the right to a legal defense. They gotta take that turd and polish it up the best they can.
See that argument is null and void. The entrance INTO the home for nothing more than a misdemeanor makes everything after mute. They never should have been there, resisting came after they entered and they can’t use hot pursuit for misdemeanors. Wtf were they thinking?
This defence lawyer needs to have 3x 250lb officers sit on his back while he is face down with out broken ribs , but with broken ribs it becomes a extension of excessive forces leading to unlawful death in custody
Unpublished Opinion: law.justia.com/cases/federal/appellate-courts/ca9/19-15550/19-15550-2020-06-18.html
Factual Background as Articulated in Summary Judgment: casetext.com/case/martinez-v-city-of-pittsburg-8#:~:text=INTRODUCTION,which%20resulted%20in%20his%20death.
News Article with some Bodycam Footage: www.ktvu.com/news/pittsburg-agrees-to-pay-over-7m-to-family-of-man-killed-by-police
Gangsta CPS Loses Immunity! 😳 Demands the Right to Lie to Violate Citizens & Kidnap Kids! ua-cam.com/video/llXqlKB_AME/v-deo.htmlsi=q974eNTgxew4MKqE
Kidnapper Judge Cindy Hendrickson Revokes Illegal Order 😳 (2023)! Admits Denying Me Due Process! ua-cam.com/video/hRaX0g7rgS8/v-deo.html
Secret Judge Club Exposed 😳 at Corrupt California State Bar Meeting! (2023) ua-cam.com/video/LHRTQh0WTYk/v-deo.html
I'm just trying to be a dad after my kids were abducted.
Why am I the Father in Exile:
How to Fight Corrupt Family Court (Expose it!)
ua-cam.com/video/pVgudZtNYiQ/v-deo.html
Voter Fraud and Abduction Admission Caught on Court TV in NV
ua-cam.com/video/J9FeWPKEFo8/v-deo.html
Judicial Misconduct & Rights Violations Caught on Court TV - Santa Clara, CA Judge Roberta Hayashi
ua-cam.com/video/Zgog-NLFyC8/v-deo.html
Santa Clara County California Superior Court Judges Who Deny Due Process and Participate in Misconduct and Felonies: Roberta Hayashi, Cindy Seeley Hendrickson, Brooke Blecher, Thomas Kuhnle. Transcripts and Filings Will be Released Publicly on this Channel.
here before everybody asks what happened and why you didn't show the decision at the end. but seriously, these are great! keep up the great work and I will spread the word as I can.
@@phobos258 Thank you! As you see, I resorted to editing in an Intro Title screen telling people to look in description or pinned comment. So from now on, I will do that and if there are any more comments like that, I give myself permission to ignore them!
16 broken ribs broken Adam's apple WTF how is it not excessive force 😑
ONE THING NOBODY IS SAYING ITS ONE THING ALOT OF THESE MURDERS HAVE IN COMMON AND THATS TRAFFIC STOPS! THEY HAVE YO DO AWAY WITH THE RACIST TERRY STOP WHICH IS RACIST IN THE INCEPTION OF IT! 1964 WAS THE FIRST TIME EVER OFFICER SAFETY WAS INTRODUCED TO THE PUBLIC AND I WONDR WHAT ELSE HAPPENED IN 1964 FIOR OFFICERS SAFTY TO BE INTRODUCED!!! YOU GUESSED IT BLACK AMERICANS WERE FINALLY FREED IN THE UNITED STATES OF AMERICA AND FROM THAT POINT ALOT IF LAWS CAME INTO AFFECT ALOY OF RACIST LAWS THAT HAS BRUNG THIS COHNTRY WHETE IT IS TODAY THE THINKING WAS THAT THESE LAWS WOULD ONLY BE USED ON BLACK AMERICANS BUT THISE OFFICERS FROM BACK THEN ARE RETIRED OR DEAD AND GONE AND NOW THAT SYSTEM IS BEING USED ON ALL AMERICANS WHICH NONE OF THIS SHIULD HAVE EVER BERN INACTED NEVER BUT WAS INTENDED TO OPRESS ON GROUP OF PEOPLE WHICH ALIT OF THIS WAS STATED OUT LOAD FOR ALL TO HEAR BUT ALL IGNORED AND SUPPORTED ALL OF IT EVEN BEING ABLE TO WRE TAPP OUR PHONES WITH IUT A WARRRNT
$50M insurance policies paid by officers, abolish qualified immunity nationwide for starters.
👆Wisdom!
@@fatherinexilethat it is but will never happen. USA handed america to the UN in 1945. UN Inc. is where we get the UCC-1 CODES from. No UN Member STATE will retain Sovereign Nation Standing. The immunity is really Letters Of Marqee from the owners of the UN corporation world wide. And it's for these monsters that you are fighting a rigged system for your children. So much more I'm blocked from sharing on this platform.
Excellent
Exactly. For those of us that practice medicine we do just that.
@@airforcepac in a couple states they passed a law you need a $50M insurance policy on certain breeds of dogs, so why don't police have a similar policy as well? If they kill a family pet they should be charged as civilians would for killing a K9 as well, my opinion.
7 million? Is that what his life was worth, for a traffic violation? They beat him to death for a minor traffic violation? They unlawfully chase him, unlawfully enter his home and proceed to beat him to death. Make no mistake, they were not trying to subdue him, they were punishing him for running. And it takes a court to decide whether his killers acted legally? Don't make me laugh.
They even used banned techniques. It can't possibly be lawful.
Welcome to America. The police gangs know that if they all cover each other they usually get away with it.
You want this sort of thing determined without a court? Who will be the official who makes the call?
I remember watching COPS back in the day. Cops would be so amped up on adrenaline after chasing a subject and when they finally would catch him, they were angry and did everything to make that person pay for running. Mob mentality with these cops is off the charts.
ONE MIG MESS ....COPS LIE ALSO ,,,,COVER UP
Sixteen broken ribs? Crushed windpipe? Are you kidding me? Remove qualified immunity now! We are living in a freaking police state!
You've been living in a police state for years, just most people don't recognise it,,Same in most (civilised) countries,,,
but surely we are now, thats not even debatable
“The problem with the district court’s reasoning is that they lumped all the officers in as integral participants…”
Allow me to be the first to welcome these cops to the world they created. When you wear matching colors and commit crimes, you’re a gang. When you go out with your gang and participate in said crimes, you ALL did the crime. If you’re sitting out in the car, waiting to give your fellow gang members a ride after the crime is committed, you did it. If you help your fellow gang members hide evidence, you did it. even if you didn’t intend to commit a crime, but you do nothing to stop it, and you do nothing to separate yourself… guess what… you did it.
That standard isn’t so convenient now, when it’s being applied to you and your actions and/or inaction, is it?
👆wisdom!
Boom!
Well said 👏 👏👏 You didn't miss a thing. LEO'S, or others in positions of authority should get Double the sentence of any citizen! Higher standards and all...
Guilty by association!
👍🏼
Well articulated!
You got dam right! The cop holding the victim's hand, as the other cops beat the victim, is just as guilty as the cop doing the beating!
🎯
1000%. Great comment.,
💯
A restrained suspect is a restrained suspect regardless of whether the restraint is a pair of handcuffs or a pair of hands and, indeed, multiple pairs of hands.
Change up the circumstances. Say this was a bank robbery where someone inside the bank was killed. Is the get away driver also responsible? Lately as I understand it if an officer shoots and kills a suspect, a participant in the crime can be charged with murder. When do we get to see this 'Held to a higher standard"?
Qualified immunity needs to end. Law enforcement is out of control!!
I can only imagine what they got away with before cameras
Exactly. They've always been out of control. We just get to see a small part of it now
You dnt have to imagine as citizens have been screaming for all to hear that this has ALWAYS been happening.. As a NY cop said, "What'd u think? That they were lying for all of these decades?"...
You don't have to imagine, just look at the amount of incarcerated who have been exonerated and look what happens when they know the cameras are rolling
I am 52 years old and I have been through the unjustice system. And we didn't have cameras! And when it came down to it and as aways the court would take the side of the pig's testimony!
@@donttreadonrick9981+ Deeply sorry for that.
Abolish qualified immunity 🇺🇸🇺🇸🇺🇸🇺🇸
You know what is the most shocking. The fact they have a video and still can't see what the officers did was straight up evil and is still being defended. Shocking.
First, make no mistake, I believe this is an easy case to decide that someone needs to pay for the cops’ abhorrent behavior.
That being said, the attorney for the cops is doing what the law demands - he is the check on the other side, doing his best to advocate for his clients despite horrible facts and circumstances.
The attorney is not at fault here IMHO - it’s the system itself that allows for delay and arguing and the system itself that incentivizes the government actors to not admit wrong doing despite it clearly being present.
It’s no different than the tax code - if a deduction is available would you use it, even if you didn’t believe it should be available? I don’t believe a corporation should get to write off certain things, but if I’m running a corporation I’m using the law as it exists in order to maximize my profit. I have an obligation to do so. I don’t make the rules nor get to pick the rules, but if I’m expected to follow them whether they are in my favor or not, I’m going to do so.
The law needs to change, plain and simple. Legislatures needs to write qualified immunity out of existence via statutes and that solves the problem. It removes the entire sideshow related to special liability protection granted by the powerful to protect those who allow them to maintain power through use of force and weapons the powerful themselves would not use.
@mattstephens8887 I disagree that this is a necessary part of the law. I think this kind of case the police should have a difficult time finding a lawyer due to how bad these facts are. I Dont believe government organizations necessarily need the same rights safeguards as ordinary citizens due to the inherent power they have. I don't think we need to be fair to those that rig the rules for their own benefit.
Shocking is an understatement,, Great comment.
@@redchief94 But are the cops/their union paying the attorney or is the city ====== if the cops ok BUT THERE IS NO WAY THE CITY SHOULD PAY AN ATTORNEY TO MAKE THIS APPEAL=======
@mattstephens8887 that lawyer has zero obligation to defend the indefensible. I'm of the opinion every time a prosecutor looses that should generate a review get enough bad reviews your disbarred. Same for judges, your cases get overturned you get relieved from the bench. Clearly in both cases basic constitutional issues are beyond comprehension and you loose the privilege to be involved in the justice system.
Entered property without a warrant! They broke the law, period!
All for expired registration!
@@fatherinexile discusting!
Bingo. No use of force was warranted because they weren't legally allowed to be there
@@fatherinexile How often does stuff like this happen across this country? Thanks for putting this type of activity up. Thanks again.
@@fatherinexile is the registration private property or legal property? People in general have completely lost the concept of ownership and liability.
End qualified immunity now,,,disgusting behaviour
How can you justify lethal force for a fix it ticket?
They could have mailed a citation when the guy ran. Instead they choose to endanger innocent people when they decide to initiate a high speed chase (idk if a vehicle chase happened here but just saying). They escalate everything. They aren't in this job for the boredom. They are looking to stir up some excitement. Brutal
@@Ann-kg1zd I believe that high speed chase reached speeds of 4-5 mph. 😳
@@peacekpr1441 Wow that's pathetic. So sad
"stop resisting"! As they pummel him to death with "approved law enforcement tactics"!!! I am sickened by this. How do you beat and taze a man to death without excessive force?? How did this country get to this point?
It got to this point because there is no accountability in government.
@@fatherinexileBy allowing AND rewarding thugs like this.
@@fatherinexile There is no accountability, period, regardless of Govt or not.
One of the sad part of this is the officers go home every evening and tell the family what an awesome job they did today after they’ve got through shaking their buddies hands and petting each other on the back and coming up with stories to try to justify their ways
I don't know how anyone can hold cops in high regard these days.
Does the driver of a bank robber get charged even if he didn’t go in the bank? Same situation, all cops that showed up should be charged with attempted murder!
he died i thought
The criminals with badges need to be charged as a gang.
If law enforcement acts like a armed criminal gang they need to be prosecuted otherwise there will no longer be the rule of law and order. This makes all future interactions more dangerous for both sides.
Watching these lawyers and judges talk about these real people without any humanity is pretty sick to hear. They handcuffed and murdered the guy over a fix it ticket. This is why you want to stay out of court if at all possible. Glad it worked out in the end, but the sheer callousness of the discussion is disturbing.
Agreed! And the courts are a joke! As I always say, “the difference between Veterans Affairs and the judiciary is the VA treats me like crap for free!”
So let me get this straight, these office want to be given some breathing room for their actions, but they didn’t give any breathing room to the poor man. They beat to death. Cops just don’t get it. They can’t have it both ways. They continue to use excessive force, and then want to cry I have qualified immunity.
Unbelievable that after the judge gives a list of the man's injuries the lawyer tries to justify those injuries
I’m in disbelief!!
You know you have a good case when three judges let you talk for 10 minutes, uninterrupted. 🤣🤣🤣
Great point!
What's crazy is I don't think he even argued it that effectivly. He spent WAAAAY too much time trying to rebut the City Attorney's arguments about resisting arrest and degree of culpability in the beating, when he should have been hammering home the argument that the instant these individual cops entered the domicile they were in violation of the fourth amendment, and that their individual qualified immunity was terminated before the arrest/scuffle even took place. By the time he was being choked and restrained, they were engaged in criminal activity all. Thus the degree to which they assisted in battery of him was largely irrelevant, because the degree to which they had individually violated his rights was established.
thanks for posting these. feels like we're gradually chiping away at qualified immunity through the sheer undeniable horror of bodycam footage.
You’re welcome! In addition to body cameras, we need cameras in ALL courtrooms now!
These videos are. Revealing. unconstitutional behavior of police. I was stunned when I first found these. NOW. I am stunned by. The prevalence of it.
Sure but seems these are just lawsuits where the taxpayers are on the hook meanwhile no criminal charges are brought against the cops and instead the cops are promoted afterwards.
Until policy changes are made state level nationwide.....
@@aklemmer8936 I think one can put "Prevalent" as "Standard" .
When the police become judge, jury, & executioners especially for an infraction it becomes unconscionable.
You’re right!
Sounds like gang activity to me. How can the lawyer for the cops actually make his ridiculous argument with a straight face? The cops should be the ones in prison.
Totally agree, they take a person's life and seem okay about it?
The victim didn’t go to prison he went to the morgue get that straight he is freaking dead…not in prison not in jail
Imagine being asleep and the cops start to put handcuffs on you…. At what point does an unconscious person “resist” arrest?
Individual officers, The Department, the municipality all need to be held accountable Fully! It must be!
But I didn’t rob the bank I just drove the getaway car 😂
👆Wisdom!
Right.
How would it be if the shoes were revered.
All would be guilty
Plaintiff’s attorney nailed this. Should’ve got 100 million….
That lawyer left them speechless 😶, that's impressive,first time no questions followed
Divorced dad here. Love your channel man. Keep fighting the good fight Sir.
I’d bet that a person involved in a horrific vehicle collision has a better chance of not receiving the number and severity of the injuries inflicted by the officers’ beating.
This shouldn't go this far!! If we had Constitutional police departments and the cop's knew what they can and can't do we wouldn't have these problems!! End qualified immunity and Terry v Ohio and Pennsylvania v Mimms NOW!!
Hillsdale College offers a free Constitution class for LEOs.
RICO laws would make all the participating cops equally guilty.
25:20 “we can see these officers r being forced to make split second decisions”
no absolutely not
they’re CHOOSING to escalate on what seems like a purely sadistic impulse
The victim was a "Rabbit" the Cops are the "Greyhounds".
I'm continually shocked by the amount of force that is used in such an unreasonable manner. The training they receive literally focuses on survival and expecting the worst of everyone/everything. As an RN, I'm dismayed at times at the amount of trust that's put into the medical field. As much as medical treatment can help, you can easily be mixed up with certain providers or hospital systems that can provide inadequate and even harmful care.
These kinds of cases are happening 1,000 times a day across the country 😢 and even if u get excellent medical care, your life could be ruined by one chance encounter with government workers.
@@fatherinexile facts, though I never worked for the government. This is why I left the ER and trauma. What I've started thinking about is all these professions are in places of authority, and often considered 'absolute'. Nurses, doctors, NPs, PAs, firemen, teachers, cops, the Parking Authority 😂😳😔... We are all Type A people. Clearly, not all of us are bad. Is there a particular test that you think would help and how would that test be able to rightfully distinguish between righteous anger and downright brutality? I hope I don't sound dumb 🙏
@@donaldjohnson-cz9mm uhm, yeah. That's exactly what I said.
You are 100% correct. Been in “health care” for 20 years and I don’t trust any provider anymore. Especially in the last 3 years. Nothing but one trick ponies is all they are.
They're never ever ever ever ever never ever ever should have been an arrest warrant it's a goddamn Fix-It ticket for f*** sakes the very first officer who gave him a Fix-It ticket needs to be put in prison to
They ALL need to go to prison because they ALL broke the law!!
We the people must come to an overwhelming decision. What is too much force.
Don't officers have the Duty to Prevent other officers from Going overboard physically and committing crime? So they had No Right to be in his house without an arrest warrant. It was a fourth amendment violation so can the man be blamed for fighting for his life against unlawful intruders? Where was an LT.? Wasn't there anyone that knew to get those officers out of his house and to prevent this Breach of the Peace by Peace Officers? All these cops are culpable to one degree or another. Not one of them tried to prevent this injustice. We need More thinkers and less tacklers on the Police Force, Killing a Man in his own home over a Ticket is Unacceptable. I too would be kicking and biting to defend my life if 7 armed intruders came into my house! 🤔
This Exactly. And this is what the victim's lawyer failed to argue effectively. Every cop inside that home was in violation of the man's Fourth Amendment protection. As such, they were all in violation of his civil rights, terminating their qualified immunity; and rendering any and all further actions criminal.
IF THEY ENTERED THE HOUSE, they were in violation. And this is why the lower court could collectively judge them. The degree to which they assisted in beating the 'suspect' is irrelevant, because they were already engaged in the conspiracy.
This reminds of the case where the cops broke that guys leg off.
I have insomnia so Im selfishly hoping you uplaod more tonight. Im obsessed with this channel. To see what the lawyers for these pigs argue is disgusting. I find myself arguing against them here in my kitchen lol Keep up the amazing work!!
I guess he got the short end of the stick to try to defend this. It's a loser. Suggesting that an officer was in the room, holding onnto a cuff but is oblivious to what else is going on. He's fighting for his life.
Indeed!
The second lawyer has a very good understanding, and is very well spoken, and knows the law, and can answer the questions when asked
Abolish Qualified Immunity. Great videos.
Thank you!
22:24 “so a jury could find that much of [arrestee’s] struggling was provoked by the conduct of the officers, the actual excessive force of the officers”
22:36 wait it’s legal to resist excessive force in self defense in california !?
i never would’ve guessed that
Me either! Very cool of u to catch this tidbit. Hopefully others notice it or your comment!
It's legal to defend yourself from an illegal detention and excessive force but we all know how that will end.
End qualifified immunity only then will something change! The Gang Member in blue are out of control!
The lawyer for law enforcement totally ignores the 4th amendment, he argued that there was felony offenses involved, in his words; "after and as things escalated and that it includes battery, kicking, biting etc., but that ignores the defense's argument that the officers should not of entered the domicile. Because officers can only enter a domicile if they have exigent circumstances or to arrest someone if the officers just witnessed the suspect entering and if the suspect was actively fleeing a felony arrest. Or do I have that wrong?
BTW I only just discovered this channel, I have been binge watching your uploads. They're really interesting and unbiased in showing what happens behind the curtain and why/how findings are ruled.
Every law enforcement personnel should have to have malpractice insurance like doctors, if they become uninsurable because of lawsuits they can no longer work in the field
If I ever make a mistake at work so bad that it gets me fired. I want my local tax payers to pay my legal fees for my defense. It’s ridiculous that we (the taxpayers) have to flip the bill for the bad and illegal choices of these badged gangs.
But the "taxpayers" employ these gangs.
How can lawyers in all honesty defend this behaviour. All about money
💵💵💵
If five people go into a bank to rob it and only one has a gun does that mean the other four isn't guilty of the murder the I one committed while robbing said bank???????
Dog pile without ANY assessment first, assert blanket blamelessness later. WTF???
It’s very hard not to resist when your in excruciating pain ! Officers apply pain for the end result to charge resisting arrests ..
They're trained as an occupying army, not police.
Damnit man you've got me hooked on watching these arguments ! 👍😄😄
Me too, and I'm not even in the US.
I am so tired of hearing how we must see things from the officers viewpoint!! How about they start looking at it from the eyes of the person they are attack8ng in a gang style attack!!
Why would they do that? That doesn't fit the officer safety bs. They're the only ones that have families to get home to
Amazing how the attorney is now calling the victim "this gentleman" what a joke!!!
Let me this straight, they initiated a pursuit over a fixit ticket, they unlawfully entered the guys home unlawfully, tackled, started to handcuff him, and then proceeded to beat him to death. All over a fixit ticket. Fleeing 200 yards to his house. Entering house, where the officers were required to obtain a search warrant. Pusuit and entering the house is not warranted based on misdemeanors.
Thank you for posting these arguments. I appreciate you getting this information out to us.
You’re welcome!
What was the violation ? This arrest was unreasonable.
Expired registration!
The justice are correct, in that when he was obviously subdued, there was no reason for continued force. How could each cop not know what’s going on? It’s absolutely a jury question. QI must end immediately. No more hiding criminal behavior behind QI, when in most cases, every cop knows exactly what they’re doing, or other cops are doing. The attorney is trying to argue that the last 3 cops were blind?!
No officer who participated in the brutal arrest physically or observing the use of excessive without stopping the abuse should not be eligible for qualified immunity.. This needs to be made law !! If you see another officer using excessive force and you do nothing to stop it then you to should loose qualified immunity and be subject to litigation..
Very nice research and links. Well done
Thank you very much!
I hard to respect council when they argue for these
Agent of evil and the history of lying which has been normalized in today law enforcement. So for council to try o keep qualified immunity for these agents of evil, as I cannot refer to them as law-enforcement when they criminalize the innocent while committing criminal acts themselves.
The lawyer has to argue for immunity. It's his job. The facts are horrible, and he knows it, but even the guilty get a defense.
When the justices have no questions for you.....then you probably did a good job and likely won. Ha ha
Great point!
I believe these officers deserve the presumption of innocence before a trial and a robust effort at their defense just as every person does who is accused by the government.
What I do NOT believe is that they should be exempted from any trial at all simply because they work for the government.
Every one of these Qualified Immunity appeals shows the defense attorney denying facts stipulated to by the very process of the appeal. So they are conducting a psychic mini trail with the judges about what conclusions a future jury might possibly reach. How about we let an actual jury try the case just like we do for citizens not employed by the government.
Qualified Immunity is a legal abomination (like Civil Asset Forfeiture) where the government arrogates to itself powers not specified in the Constitution. Insipid tyranny.
We the people do NOT want this kind of policing! Why can’t we get them to stop, lawyers?
Wow, a channel so comprehensive that a law student can rely on it to further his or her understanding of the law and legal processes.
Wait until I am arguing in front of the 9th circuit! I filed one federal lawsuit already regarding my false arrest, and more are coming! Win or lose it doesn't matter. The point will be to document it here on UA-cam to see if a self represented litigant can get a fair shot and just resolution and to teach others along the way!
I have noticed that your channel is growing!! Keep it up!!
🫡 thank you!
Lawyers have the option to not take a case. The lawyers who say yes they'll defend officers like this are just as guilty as the officers themseleves.
The cops lawyers are probably on retainer by the union.
They'll take on anything that has a paycheque attached. Win ,Lose or Draw..
Qualified immunity needs to go! Gives these thin blue line gang members. Way too much privilege . They are supposed to protect and serve the public. They all swore an oath. But if they were all wearing red bandannas, or shaven heads and swasticka’s. They’d be up on federal charges. Instead they hide behind their sworn breatheren. Because they fear repercussion from their fellow gang members. It sickens me to see what we have allowed our public servants to become. It’s shameful.
I feel so bad for the father! He's been living in a nightmare but, he refuses to give up! He must truly love his children & want to be a part of their lifes.....this world needs more dads like him!
I can't even get the looney toon judge to order phone calls with my boys without making me wait months. She's pissed that I am standing up to her. I have never been accused of anything bad. 😥 Thank you for supporting the channel.
'respect to you from Ireland my friend
Thank you!
I'm confused the attorney for the police said the guy was snoring when they entered the home which allowed them to get one hand in a handcuff. The video that is related to this though shows them chase the guy in the house. At what point was he sleeping when they entered the house????
If I recall, the snoring reference was after cop had choke hold on him in the house. They were talking about the observations of a cop that came into house after hold had been applied.
They take a person's life and are okay about it?
Usually they are just fine with it.
I don't know how you come across these.
Seems like the c0ps are always doing to much damage BECAUSE THEY CAN.
How do people sleep at night.
It takes me a lot of time to sift through the archives to find the ones that I think the audience will most "enjoy." So far no shortage of these cases, but they get buried under a mountain of mundane cases.
It's absolutely insane that cops can beat civilians in such a way because there hasn't any prior established case law on it instead of using a beautiful and easy thing called common sense! QI is such a dirty thing and needs to be abolished because it's been being abused the second it became a thing
These cops need to be in jail for assult and battery !
I love this channel!!!
Thank you!!! I love your comment!
Treat officers as professionals. When they enter service each purchases basic insurance with the premiums paid by the taxpayers. As the cop collects infractions, the rates go up. Those additional rates are paid by the cop. When premiums get too expensive he'll quit. Just like lawyers and doctors.
nice work, love the links. Hope you get a win sooner than later 🙂
Police department needs to be reformed. These kind if behavior has been going on for too long!! And its only getting worse. Wake up people!!!
The law is so completely insane where the lawyer says, " if there is no case law that says he can't beat the crap out of the suspect, then you must allow it".
Does common sense not say that it is wrong ?????????
I guess common sense, common decency and the law are different things.
Any officer materially involved in the death of a suspect should be suspended and charged with murder.
It is then up to the officer to prove that what he did was necessary, and should be covered by qualified immunity.
Exactly the opposite of the way that qualified immunity works now, where he is free to carry on working until it is proven that qualified immunity does not apply.
In Texas if a criminal is participating in a crime even as a getaway driver and a person dies all participants are charged with murder. By the same measure if the officers commit a crime against the "aresstee" are not all the participants then chargeable with the crime?
jest thinking it funny that law enforcement did wrong and now want immunity . You let one of us do the same we were to be in jail.
No guidance for these officers? How about a conscience?
Ok after watching 3 vids, I had to add you to my list 😂 Hopefully the algo lets me see you on my feed
Thank you!
Looks like the lawyers and judges are just going through the motions. Defence is struggling and knows the judges know, he is just obliged to say something that might look reasonable.
I wouuld not believe anything that comes out of their mouths.
Excellent video very informative as well as interesting 👍
Thank you!
The Lawyer is down playing everything, I think this Lawyer should be kicked out of his local church!
@Father in Exile hey where are you getting these videos from? I want to get videos from a local state jurisdiction.
Which jurisdiction? Most federal district and appellate courts do not have cameras. In the federal appellate system only the 2nd, 3rd, and 9th circuits have cameras as far as I’m aware.
Does anyone think they know how to find out why he was even considered arrestable?
So five different officers said "I only hit him twice"? Criminal cops! Adding spin!
The police lawyer should be ashamed of himself trying to defend murderers who wear clown uniforms
Thats the great thing about the USA, every defendant gets a lawyer who will try his best to get you off the hook even if that lawyer knows you are guilty as sin.
Guilty by association all them stop qualified immunity.
They shouldn't have been in the house to begin with. Anything they did after that point was excessive. There were no "split second decisions" to make.
I kinda feel bad for these defense attorneys. Even the devil has the right to a legal defense. They gotta take that turd and polish it up the best they can.
It must suck representing corrupt/violent/murderous cops... selling your soul for a buck... smh
😇💵💵💵😈
See that argument is null and void. The entrance INTO the home for nothing more than a misdemeanor makes everything after mute. They never should have been there, resisting came after they entered and they can’t use hot pursuit for misdemeanors. Wtf were they thinking?
This defence lawyer needs to have 3x 250lb officers sit on his back while he is face down with out broken ribs , but with broken ribs it becomes a extension of excessive forces leading to unlawful death in custody