Author Archives: TMM

“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
such crime.”

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
compensation.

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. 

Stephen Slevin was arrested in August of 2005 for driving while intoxicated, then thrown in jail for two years. He was in solitary at Dona Ana County Jail for his entire sentence and basically forgotten about and never given a trial, he told NBC station KOB.com Tuesday night.

Go read the whole story.  It is down right despicable and is a prime example of a Title 18.242 violation.  This story also strikes a personal chord with me as it is reminiscent of a story from my father.

“He was driving through New Mexico and arrested for a DWI, and he allegedly was in a stolen vehicle. Well, it was a car he had borrowed from a friend; a friend had given him a car to drive across the country,” Coyte said.

So if all of those statements were true, why didn’t they place him on trial.  There’s a reason my dad when traveling would avoid New Mexico.  If he had to drive across the state he would stop at the border, piss on New Mexico, and drive non-stop to the other side.

You see when my dad was fresh out of the service after his first hitch he decided to travel to California.  He stopped in a rest stop to catch a nap before continuing on.  He awoke to a New Mexico sheriff tapping on his window.  The sheriff runs my dads information.  It comes back with a hold.  Not positive for warrants, not indicating anything illegal, just hold this individual until further contact.  The officer promptly slams my dad to the ground, hand cuffs him, and throws him in the back of his squad car.  They toss him in a jail cell and then proceed to rip apart his car.  When I say tear apart, we’re talking some reassembly required.  After my dad was sitting in the jail cell for 2 hours and he hears the phone ring.  The conversation he could hear went like this:

“Yes we have TOMM, he’s sitting in a jail cell right now.”

“Because someone said to hold him so we assumed he’s in trouble.”

“Oh he hasn’t done anything wrong, we just heard to hold him.”

“Well we’re holding him against his will now.”

“We will let TOMM go immediately.”

So it ends up that was the NCIS making sure my dad wasn’t being held against his will.  The hold was to ensure that my father hadn’t been kidnapped or otherwise being pressured for secrets.  They tossed my dad out of the jail cell, left his car ripped apart, and left him to put it back together.  That’s a sign of some really honest hard working cops there.

Obviously the state of New Mexico likes this behavior otherwise they would publicly flog individuals responsible for the types of atrocities committed against Stephen Slevin.

State Sponsored Criminal Count 247: The entire Dona Ana County Jail force

Because deprivation of rights doesn’t exist when you are the law.