Tuesday, June 15, 2010

Soliciting attorney for federal civil right lawsuit

UPDATE: Lawsuit won! See the newspaper story. I deleted my first pass complaint below, as I made the typical pro se mistake of failing to state a claim. (I have since found that even professional attorneys make this mistake.) After doing more homework, I amended my complaint, and four out of seven counts survived dismissal. I will plan to post the complaint soon at "Prescott, Small Town politics."

I'm soliciting an attorney to champion a Title 42 Section 1983 and Section 1985 (conspiracy to deprive of due process) lawsuit against individuals in the Prescott PD and the Prescott City Attorneys. You would be reinforcing existing law on a "Terry Stop" and the "requirement" to identify oneself, especially relevant in this time of SB1070. And I'm a white guy, clearly a citizen of the US! If they treated me like this, imagine what they'll do if you look Hspanic! (There is no such thing as "Failure to ID" in Arizona. We need a bright line here. See also State v. Wyman.) Skip a few paragraphs to get to the complaint, below.

Every stereotypical thing you've heard about "small town politics" is true. It wouldn't be funny if there weren't some truth to it. Sadly, it would only be funny if it weren't true.

Since filing the complaint of judicial misconduct that caused former judge hinson (of Prescott, Arizona) to resign, the retaliation has been relentless. I have two federal civil right lawsuits in the works, with a third on the way.

The third is against the Prescott City Prosecutor, Glenn Savona, who charged me with "Criminal faxing." Yep. I was criminally charged for allegedly violating Rule 5(c) of Civil Procedure! Never mind that no judge said I had violated any Rule. And never mind it was my attorney who faxed the pleading for me! Interestingly, the judge, Kenneth Ray III, ruled Mr. Savona could pierce the attorney/client privilege and depose my attorney! More small town thinking. Amazing.

Anyway, the thrust of that lawsuit is that Mr. Savona withheld exculpatory evidence, a de facto violation of my 14th Amendment right to due process according to the US Supreme Court. Brady v. Maryland, 373 U.S. 83, 87 (1993). I found a police report he didn't give us where he says he knew I didn't violate the law. And a Prescott cop falsified a couple reports. Stay tuned.

The second federal civil right suit is against judge Mary Hamm for engaging in ex parte communication with a plaintiff, suspending the rules of evidence and procedure, etc. and is posted over at www.maryhammmaryhamm.blogspot.com That one has been filed, but not yet served. I'm soliciting an attorney for that too, per my previous post.

But I have served papers and am waiting on answers for my first ever federal civil right lawsuit.

You attorneys should have taken my case. Could have made $40,000 in legal fees. Please, if you can represent me or counsel me, I'd appreciate. You can have the money. I just want Justice. I've done a lot of the legwork already and have audio of the unlawful stop, the unlawful dispatch, disciplinary records and police reports.

Please contact me via the info in the pleading or leave a comment here on the blog. Your comment will not be published unless you tell me to publish it.

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