“Plaintiff by backing
away or beginning to leave was not evading or resisting an arrest at
that point, because there was no evidence of a crime or other basis for
any arrest of plaintiff to be made,” Chief US Magistrate Judge James R.
Marschewski ruled. “At most the evidence established that the severity
of plaintiff’s conduct was the failure to comply with a command of an
officer. While this may be a crime, defendants offered no proof of any
such crime or its severity, and plaintiff was never charged with any
The judge condoned this action though by not holding the officers or department liable for their actions. Instead of providing a punishment that would instill fear in those who would abuse the public while wearing a shield he issued the following judgement.
The judge found
payment in full of Kirby’s $167 in medical bills covered his actual
damages. The judge also ordered the city of Barling to revise its
unconstitutional taser policy that allowed use of tasers against
individuals passively resisting officer commands. On the question of
pain and suffering, the judge found Kirby was only entitled to $1 in
Someone hit that judge with a taser please because he obviously has no concept of how badly that hurts. Screw him and the horse he rode in on. He’s nothing but a petty tyrant that wants to enable other tyrants to work without fear of serious fiscal penalties. This statement from the judge proves it:
“Although I concluded
excessive force was used on plaintiff, I do not believe the evidence
elicited shows the conduct was motivated by evil motive or intent or
involved reckless or callous indifference to plaintiff’s federally
protected rights,” Marschewski wrote. “At most, the evidence established
that the defendants, in reacting to plaintiff’s desire to leave the
scene and failure to submit to their commands, failed to meet the
situation at hand with an appropriate degree of force.”
Uhh, dumbass he was a passenger in a car, he wasn’t being detained or under arrest, and he was walking to his mother who was going to give him a ride home. Under those circumstances he had no reason to submit to a pat down, which he verbally refused to. You’re tyrant ass thinks that him being assaulted over that isn’t a violation of his rights.
There is no question the judge in this instance helped enable the environment where the police department would be so willing to exercise less lethal force when no force is required.
State Sponsored Criminal Count 248: James R. Marschewski
Because when you don’t act like a good sheep the cops can do whatever the hell they want. They just want you to comply, there’s no malice in that intent right?! Just surrender your rights like a good little bitch.
via Uncle, with whom I agree, Tar + Feathers and apply liberally.
Barron is the owner, editor, and principal author at The Minuteman, a competitive shooter, and staff member for Boomershoot. Even in his free time he’s merging his love and knowledge of computers and technology with his love of firearms.
He has a BS in electrical engineering from Washington State University. Immediately after college he went into work on embedded software and hardware for use in critical infrastructure. This included cryptographic communications equipment as well as command and control devices that were using that communications equipment. Since then he’s worked on just about everything ranging from toys, phones, other critical infrastructure, and even desktop applications. Doing everything from hardware system design, to software architecture, to actually writing software that makes your athletic band do its thing.