[Noisebridge-discuss] DoJ supports the right to record police (and to sue if they try to stop you)

[maestro]

On 3/23/13, Sai <sai at saizai.com> wrote:
> FYI you forgot to cc the list on this.


# my bad thanks for catching it...

# if you want to see a cool vid archive back>>
# by my name less than a month and i posted>>
# a great example of someone not only filming>>
# a total dumbass cop the whole time but schooling>>
# them as well...

end  comments


message ends
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> On Sat, Mar 23, 2013 at 7:36 PM, maestro <maestro415 at gmail.com> wrote:
>>>To be clear, this is not a limit on §1983, but on small claims court.
>>
>> # yes.
>>
>>>Also, §1983 can be brought in state courts.
>>
>> # yes. in fact if someone isn't 'lawyered up' but needs to get complaint
>> filed>>
>> # it is advisable to at a minimum file a complaint in state court WITH
>> U.S.C. 1983>>
>> # on it as there are A LOT of guides and help filing in state and the
>> complaint(s)>>
>> # have been streamlined down.
>> # the city will try to remove the case to federal anyway and you can
>> ammend
>> the complaint>>
>> # twice (though you should only count on once which the lawyer will do).
>> # you would file as 'in pro per' (pro se) which just means representing
>> self.
>> # 'most' judges will look favorably on you submitting things on time with
>> diligence and forgive>>
>> # errors (but DO NOT COUNT ON IT) in doing so.
>>
>>>Monell action lets you sue the city, if there is a
>>>policy or practice that encourages unconstitutional behavior, a
>>>failure to train, or the like.
>>
>> # yes. the way ours went was suing city of S.F., the cops name, and any
>> other's names.
>>
>> # good point. the failure to train properly is a valid thing to pursue.
>>
>>>What are you talking about? The only delays they can do are within the
>>>trial; they can't delay when you choose to file suit. Statutes of
>>>limitations only concern when you initiate suit, not how long it takes
>>>to go through court.
>>
>> # indeed. i'm referring to once complaint is filed, they will try to
>> take(waste) as much time>>
>> # as they can even before the mediation option which usually comes up
>> 1st...
>>
>> # important sidenote:
>> # they have to answer your complaint by a specific date, if they don't
>> (which they didn't in ours),>>
>> # you can take your case directly to the judge who will rule on it
>> WITHOUT
>> them being allowed>>
>> # to present anything to the judge or have right of appeal.
>>
>> # the fucked up thing is the judge 'can' choose to allow them to skate on
>> missing the date depending.
>>
>> # but it definitely works in your favor anyway...
>> # and if you have a good case, you don't want to piss off the judge over
>> this.
>>
>> end comments
>>
>>
>> message ends
>> _________________________________________________________________________________________
>>
>>
>> On Sat, Mar 23, 2013 at 6:59 PM, Sai <sai at saizai.com> wrote:
>>>
>>> On Sat, Mar 23, 2013 at 6:39 PM, maestro <maestro415 at gmail.com> wrote:
>>> > # important for folks to know that you can also sue the cop(s) in
>>> > small
>>> > claims>>
>>> > # for up to $7500, but it must be other charges than used in a civil
>>> > settlement.
>>>
>>> To be clear, this is not a limit on §1983, but on small claims court.
>>>
>>> > # example: use U.S.C. 1983 in federal court and assault/battery/others
>>> > in>>
>>> > # small claims (whatever they may be you can prove)
>>>
>>> Also, §1983 can be brought in state courts.
>>>
>>> > # this makes it possible to sue them twice where you cannot in
>>> > federal.
>>> > # and you sue them under their name NOT city of S.F./sfpd/name(s).
>>>
>>> Not entirely true. Yes, §1983 directly means suing someone as an
>>> individual.
>>>
>>> However, a §1983 Monell action lets you sue the city, if there is a
>>> policy or practice that encourages unconstitutional behavior, a
>>> failure to train, or the like.
>>>
>>> > # 'they' will usually push it to the max. 2 year time frame trying to
>>> > get
>>> > you to lose>>
>>> > # patience and faith and drop it.
>>>
>>> What are you talking about? The only delays they can do are within the
>>> trial; they can't delay when you choose to file suit. Statutes of
>>> limitations only concern when you initiate suit, not how long it takes
>>> to go through court.
>>>
>>> - Sai
>>
>>
>>
>>
>> --
>>
>> ~the quieter you become, the more you are able to hear...
>


-- 


*~the quieter you become, the more you are able to hear...*