Day 2 of Depositions in the Creepy Cops Search Cases

Here’s a quick update on yesterday’s depositions in Creepy Cops Search cases:

Creepy Cops Search Footage: https://youtu.be/xkb7qXFh4qA

Day 1 Depositions: https://youtu.be/G1YZsyDuA14

Video about them flexing on my YT channel: https://youtu.be/4DoUCL-LIEg

Abandoned on Train Tracks by Police | Qualified Immunity? | State-Created Danger Theory

By now we’ve all seen the footage of the train in Colorado hitting the police car stopped on the tracks, severely injuring a woman in police custody who was placed handcuffed in the rear of the police cruiser. My immediate thought was qualified immunity. There can be no doubt that the police officer was directly at fault in causing the severe injuries to the woman in his custody. No doubt about it. But unlike a doctor who negligently injures someone, a police officer get to assert qualified immunity. 

Here’s the 8 minute clip showing the train hit the cruiser:

Qualified immunity is unfair and needs to be abolished. A lawyer representing this woman, if a lawsuit is filed, is going to have the legal requirement to point to some past clearly established case law describing the officer’s conduct as a civil rights violation. Well, how many cases have there been in any particular jurisdiction where police officers let people in their custody get hit by trains? Moreover, as I’ve explained before, to establish section 1983 liability, you have to allege intentional conduct – not negligence or incompetence. Some intentional or purposeful conduct. For this reason, when one police officer accidentally shoots their partner, there’s generally no liability. I did a video on that one already

I took a quick look at the case law in the jurisdiction where this train incident happened, which is Colorado, which is in the Tenth Circuit Court of Appeals. So that’s where you want to look first for federal civil rights case law. I have a theory of liability here. First, take a look at some of the new footage released, from another angle.

There’s a legal doctrine under section 1983 called the state-created danger theory. Basically, it allows a pathway for a plaintiff to establish section 1983 liability for a civil rights violation where the government may not have directly or intentionally caused the injury to the plaintiff, but created the possibility or likelihood that it would occur. This theory has been adopted in the 10th Circuit. Here’s what a plaintiff would have to prove: 

  1. the charged state … actor[ ] created the danger or increased plaintiff’s vulnerability to the danger in some way; 
  2. plaintiff was a member of a limited and specifically definable group; 
  3. defendant[‘s] conduct put plaintiff at substantial risk of serious, immediate, and proximate harm; 
  4. the risk was obvious or known; 
  5. defendants acted recklessly in conscious disregard of that risk; and 
  6. such conduct, when viewed in total, is conscience shocking.

Estate of Reat v. Rodriguez, 824 F.3d 960 (10th Cir. 2016)

But to defeat qualified immunity, you still have to point to a prior case with a similar fact pattern. Again, a non-exhaustive review of 10th Circuit case law shows that the state-created danger doctrine has been applied: 

Off-duty police officer on personal business who crashed his police vehicle;

On-duty police officer who engaged in a high-speed chase;

Firefighter who crashed his truck into a car;

Police officer who caused the death of a bystander by instructing him to help physically subdue a suspect, who then shot the civilian; 

Social worker who removed a child from his mother’s home and placed him with his father, who killed him;

School official who suspended and sent home a special education student who subsequently killed himself;

State mental health administrators who eliminated a special unit for the criminally insane, causing the transfer of a murderer to the general hospital, where he killed his therapist. 

The common theme for liability in the 10th Circuit under the state-created danger theory is that the victims were unable to care for themselves or had limitations imposed on their freedom by state actors. This is very much like the deliberate indifference standard imposed on correctional officers entrusted with the care of inmates. The arrestee is unable to act herself. She can’t get out of the way of the train. Likewise, if a prison catches fire, inmates locked in their cells can’t get out on their own. 

I can think of a few other arguments and theories for liability. But this is an often-overlooked one, and popped into my head first. It seems to match our facts here. Watching the footage establishes, without much potential for dispute, that the arresting officer created the danger; that he rendered the victim incapable of helping herself; that he put her into harm’s way, and that the risk was obvious. You can see the fact that he had parked on the train tracks. No doubt the evidence would show that he was aware of the fact that these tracks were frequented by trains. You can actually hear the train coming in the body cam footage. 

If this woman is left with no justice due to qualified immunity, hopefully people will start paying attention. Qualified immunity serves no legitimate purpose. It’s the very definition of judicial activism. I’ll be watching this one to see what happens. 

Cop Slams Pregnant Woman Over Broken Taillight – In Her Own Driveway

So many police encounters we see in the news, or on Youtube, were completely unnecessary. Some may say those are just circumstances where “A-holes collide,” but they need to keep in mind that we’re not talking about random people encountering each other, but rather an interaction between a citizen and that citizen’s government. These are not equal positions. Hot-headed police officers who primarily enforce their ego and authority, tend to escalate situations unnecessarily, creating crime out of thin air and endangering the safety of everyone. A little bit of common sense and a little bit of kindness would really go a long way. 

Recently, a federal lawsuit was filed in Kentucky and the body cam footage was released, showing a young pregnant woman confronted by a police officer, in her own driveway, over a busted taillight. Take a look and then I’ll give you my thoughts about whether her constitutional rights were violated. Can the police just pull in your driveway after you park and detain you in your yard, much less use force on you?

According to the lawsuit, the officer, McCraken County, Kentucky Deputy Jon Hayden threatened to tase this 24 year old pregnant woman, Elayshia Boey. He then “face planted” her into a cruiser, pinned her to the ground, with his knee on her back, holding her down with the full weight of his body. She was six months pregnant at the time. 

In his citation, Deputy Hayden wrote that after Boey refused to identify herself, he attempted to arrest her by grabbing her writ to “gain control.” However, the body cam footage showed that after the deputy asked her to identify herself, she gave her name. The deputy further wrote in his report that “after a brief struggle, Boey was then placed on the ground by physical force to gain control and compliance.” Boey and her mother were both arrested and charged with felony assault of a police officer. Those charges are apparently still pending. After a complaint was received, McCracken County Sheriff Ryan Norman said that the sheriff’s department had investigated itself and concluded that none of their policies or procedures were violated. He apparently didn’t mention whether any constitutional protections were violated. 

A few minutes later, after both women had been arrested, Hayden puts his body camera back on. His audio shuts off twice when he explains to other deputies what happened. Later, Deputy Hayden’s conversation with the jail nurse and the nurse’s evaluation of Boey are also not audible on the body camera. Note that when the women were upset and verbalizing their displeasure during the arrest, that he left that audio running. But at other times, he apparently concealed his own audio.

Deputy Hayden did not take her for medical treatment. Instead a jail nurse refused to admit her because of her injuries and being 6 months pregnant. Only then was she taken to an ER. Legal analysis aside, was any of that really necessary? Is it that difficult to just be kind, or at least calm? You would think that rational police officers would sometimes think to themselves, do I really need to be doing this right now? What is my purpose? What am I trying to achieve? This is where ego gets in the way. The question is not what you think you have the authority to do, but rather, what should you do? Hell, just acting rationally, what is in your own best interests? Whereas citizens should ask themselves at times whether they really want to invite the man into their lives, so should police officers ask whether they want to invite drama into their lives through demonstrating their perceived authority, or demanding what they perceive to be respect. 

It’s really not that much different than child custody litigation. Just because you can, or you think it’s fair, doesn’t mean that it’s also best for your child, or you in the long run. You’ll end up in a better position, and happier, by just being kind, or at least manipulative and pretending to be kind. Meanwhile, record and obtain evidence with a smile on your face. But I guess that’s too much to ask at this point. 

In the footage, we don’t see the beginning of the stop. Thus I’m not sure whether Boey was already out of her car prior to the initiation of the stop. This is actually a common issue I see. Can police officers pull into your driveway, knowing you just pulled in, got out of your car, and begin walking in your house, and then at that point initiate a traffic stop? This is where it depends on the circumstances. 

As we’ve discussed before, reasonable suspicion of a crime is required to detain a suspect. Usually in a traffic stop that is based on the officer allegedly observing a traffic law violation. Driving with a broken taillight could meet the reasonable suspicion requirement. But what about seeing the busted taillight, and then not getting to the suspect until they’re standing in their yard, the car now parked? What about not getting to them once they’re inside their house, even though you saw them drive with a busted taillight? This is where we could get into a lot of “what ifs” that could be tricky for a police officer. If you’re going to have to perform a traffic stop on someone who is now standing in their driveway, or yard, or porch, you might want to ask yourself if the crime for which you’re basing reasonable suspicion on is sufficiently important to justify entering this grey area that may involve you now being within the curtilage of someone’s home, without a warrant, and without probable cause.

Now, if there is a warrant, a police officer could even follow a homeowner inside their home to arrest them. Note I said it has to be their home. The home of a third party would require a search warrant, or a valid exception. If it was a “hot pursuit” situation, under some circumstances officers could be given quite a lot of leeway in entering, or remaining in the curtilage of a residence. But those “what ifs” don’t appear to be relevant here. We are looking at the most minor of minor traffic offenses, followed by an arrest for an alleged failure to identify, where the arrestee had just given her name. As I mentioned in a recent video on one of my cases, he tables turn when you’re talking about a police encounter occurring within the curtilage of a suspect’s residence. Law enforcement has no right to demand identification on your own private property – at least not without a warrant. 

But it just goes back to the fact that a police officer should ask himself, why am I here? What is my purpose? What do I have to gain? And also, what do I have to lose? It would be a novel idea for law enforcement in this country to just try being kind and using common sense. Of course, there are plenty of those officers around. You just don’t hear about them or see them on Youtube. Because they are the ones who go home at night – drama free. 

“Creepy Search Cops” Ask Federal Court to Restrict My YouTube Channel

I know that many people are following my progress in the Creepy Cops Search Case out of Putnam County, West Virginia, where drug task force police officers were caught on camera illegally searching my client’s house. That apparently includes those officers and their lawyers in the pending federal civil rights lawsuit. This is the most recent update about the case:

On Friday, the defendant officers’ lawyers filed a motion completely centered on my Youtube channel, requesting an order prohibiting me from ever publishing video deposition testimony of those police officers. Basically they’re requesting court approval for a coverup. Now, important First Amendment issues are implicated. Police already have qualified immunity. The one remedy given to us by Congress it to sue them. Now they want to turn that process into something akin to Family Court or abuse and neglect proceedings, where government gets to operate in secrecy and without accountability and exposure. Here’s the motion they filed:

Here are their attached exhibits:

The video depositions in the Creepy Cops Search Case haven’t even been taken yet. They’re actually scheduled to be taken in a few days. I already agreed to postpone them several times already at their request, because they were concerned that the FBI was investigating them. So I gave them time to evaluate their situation and hire or consult criminal defense attorneys before they testified. Now, they want to testify essentially in secret. Why? Because posting their video testimony allegedly puts them in danger. They went through the prior videos I published on this situation and cherry picked the craziest ones they could find, and presented them to the Court as the basis for why I should be forever silenced from exposing their misconduct. 

At the end of every video I tell you that freedom is scary. Why? Why is it scary? Fear is the tool that tyrants use to subject us and take away our freedoms. Over and over again. From the beginning of recorded history to the present. Of course police officers in America, if given the choice, would choose to operate in secrecy. They don’t want to be recorded. They don’t want to give you their names – they just want yours. 

“White Male or Black Male?” | Cops Assume Citizens on Porch Are Criminals – Part 2 Body Cam

Here is part 2 of the body cam footage from the arrest of Jason Tartt by Deputy Dalton Martin of the McDowell County, West Virginia Sheriff’s Department. The part 1 video and lawsuit is posted here.

Sargent v. Bish – Officer Depositions – Part 1

Melvin’s wife filmed his arrest. A federal civil rights lawsuit was filed. Here’s part 1 of the video deposition of the primary defendant police officer.

Officer depositions – Part 1:

Here’s the original video:

Here’s the federal section 1983 lawsuit:

Virginia Jury Awards Damages Against Officers for Civil Rights Violations

Today’s video is about Matthew Souter, who owns a farmhouse in The Plains, Virginia. He ended up being unlawfully arrested and tased by police officers in his front yard. Back in November of 2018. He rented a bedroom and bathroom in his home to Melissa Johnson. Following a dispute about her cat and an electric hotplate, she went to a local court and obtained an ex parte Emergency Protective Order (“EPO”) against Mr. Souter, which restricted him from “acts of violence, force, or threat of criminal offenses resulting in injury to person or property” of Johnson.

The next day, November 10, 2018, Johnson called the Fauquier County Sheriff’s Office and reported that Plaintiff had violated the EPO by terminating the electric and water service to her bedroom and bathroom. She spoke with a deputy who took her complaint and classified it as a “civil matter.” Not satisfied with that, she called again later the same day. This time she spoke with a different deputy, who was dangerously incompetent. He ended up applying for an arrest warrant against Mr. Souter, alleging a violation of the EPO. There in fact was no violation – nor any reason for him to believe that Mr. Souter had committed any crime. But, he obtained an arrest warrant. 

This deputy and his supervisor then traveled to Mr. Souter’s home with an arrest warrant. The deputies seized Mr. Souter. I spoke with Mr. Souter on the phone and he denies resisting this arrest. However, in a subsequent ruling, the federal court wrote that it was undisputed that he resisted arrest. This is what the Court found, specifically: “Plaintiff resisted arrest and did not permit the officers to handcuff him. The officers then wrestled the Plaintiff to the ground, while Plaintiff continued to resist the officers. McCauley then used a taser to subdue the Plaintiff. After Plaintiff was tased, the officers were able to handcuff the Plaintiff.” Mr. Souter was tased multiple times and was bleeding. He was taken to a local hospital emergency room. 

The officers subsequently charged Souter with the underlying EPO violation, as well as attempted fleeing from a law enforcement officer. The EPO charge ended up being dismissed by the prosecutor, and he was found not guilty of the fleeing charge following the criminal trial. 

Then Souter filed a federal section 1983 civil lawsuit. Here’s the complaint his lawyer filed:

Fast forward in the litigation, and something pretty unusual ended up happening. The federal judge – Judge Ellis – in the Eastern District of Virginia, not only denied qualified immunity to the officers, but granted summary judgment in favor of the Plaintiff. That means that the Court found that Mr. Souter’s civil rights were violated, as a matter of law, and that the only issue for the jury to decide is the amount of money damages to be awarded. 

Why did the officers lose qualified immunity, as well as the opportunity to even oppose liability in front of the jury? In short, because they acted such utter incompetence. The Fourth Amendment protects against citizens being unlawfully arrested by law enforcement. An unlawful arrest is one that occurs in the absence of probable cause. Police officers can be held civilly liable for a false arrest “if it would have been clear to reasonable officers in their position that they lacked probable cause to arrest” Plaintiff for violating the cited law. Graham v. Gagnon (4th Cir. 2016).

The officers aren’t required to be actually correct in their probable cause determination, but rather reasonable in their probable cause determination. Here’s the Court’s full opinion:

In this case, all the officers knew is the allegation that the Plaintiff had cut off Johnson’s water and electric service. There was no reasonable basis for them to conclude that the Plaintiff had engaged in any act of violence, force, or threat, against Johnson. Thus, if they believed Plaintiff had done any of those acts, such a belief would have been clearly erroneous and unreasonable. 

The arrest warrant the officers obtained alleged violation of a domestic violence type of protective order, which did not exist in this case. No such domestic violence type of protective order had been issued against the Plaintiff, as would be obvious on the face of the actual EPO served on the Plaintiff. Moreover, even if Plaintiff had been served with a domestic violence protective order, cutting off water and electric do not constitute acts of violence, as defined in the EPO. Therefore, Plaintiff’s conduct could not have led a reasonable law enforcement officer to conclude that probable cause existed or that his arrest was proper. Thus they violated his constitutional rights when they unlawfully arrested him (and used force to effectuate that arrest) in the absence of probable cause. 

The illegality of Plaintiff’s arrest taints the defendant officers’ subsequent actions and renders them liable for Plaintiff’s excessive force claims. Under federal law, “the Fourth Amendment prohibition on unreasonable seizures bars police officers from using excessive force to seize a free citizen.” Jones v. Buchanan (4th Cir. 2003).

Let’s fast forward to the trial results. The jury ended up awarding a total of $50,000.00 in compensatory damages to Mr. Souter. Here’s the jury verdict form:

In my phone conversation with Mr. Souter, he was actually very unhappy with the verdict, both in the amount of $50,000.00, as well as the lack of a punitive damages award. He took issue with how the presentation of the damages claim was presented to the jury at trial.

For many reasons, people many times have unrealistic expectations on the value of damages in civil rights cases. At the end of the day, a jury decides these things. This can vary wildly depending on a number of factors, including the personalities of the parties, as well as the jurors themselves. I wasn’t at this trial, so I really have no idea what dynamics were present in the courtroom. But this illustrates one of the difficult parts of the job of a civil rights lawyer. Ultimately you have to convince a jury to award money damages. How do you do that? It can be very difficult, and sometimes emotion is all you have, assuming you can instill it in the hearts of the jurors. 

There’s a form instruction in section 1983 cases that says something to the effect of, if you find that the plaintiff’s civil rights were violated, you must at least award $1.00, even if you find that the plaintiff suffered no actual damages. The value of constitutional injuries can vary wildly based on who is on the jury. But there’s also a federal law, 42 U.S.C. Section 1988, which provides for an award of reasonable attorney fees following a finding of liability. That means that even if a jury awards One Dollar, there could potentially be an attorney fee award of six figures. 

Cop Busts Down Door For Chess Set

A federal lawsuit was filed in Atlanta, where body cam footage shows Clayton County Police Officer Gregory Tillman breaking down a woman’s door and slamming her to the ground after she refused to give a chess set back to a man who had moved out. All of this happened in front of the woman’s son.

According to news reports, this involved her friend’s ex-boyfriend, who showed up claiming that he had left some items there, including a remote control and a chess set. He called 911 after she refused to let him inside her home. She believed that the man had previously been arrested on domestic violence related charges involving her friend. 

The newly-released boy cam footage shows the officer banging down the door, shouting, and then using force against the homeowner. Her son was home at the time of the attack and is heard on the body cam video pleading with the officer: ‘Hey, sir. My mom got health problems, sir.’ The video shows the officer kicking the homeowner’s legs fro under her, forcing her to fall to the floor, while the officer attempted to handcuff her. 

Original Video:

Ultimately the officer was disciplined. The county’s oversight board first voted to terminate Officer Tillman. But then, they changed their mind and voted to give him a three-day suspension, with additional training. 

The original incident happened in 2019. However, it just hit the news in the past day or so. So I looked up the pending case on pacer and pulled a couple of the case documents. It looks like qualified immunity was denied to Officer Tillman by the U.S. District Court for the Northern District of Georgia, and now the officer is appealing, begging the Circuit Court for his qualified immunity. 

I pulled the Amended Complaint which revealed a few more details. Apparently the guy told 911 that he had been “staying” at the residence. Upon the officer’s arrival, the homeowner told Tillman that the man was no longer welcome in her home, and that his belongings had been removed the day before. An argument between Officer Tillman and the homeowner ensued. She asked for his name and badge number. He refused to tell her. At her request, the homeowner’s son called for a supervisor. 

Officer Tillman then is alleged to have informed the guy trying to get inside the home that, he could come and go as he pleased, until properly evicted from the house. The homeowner then announced that she was closing her door until the supervisor arrived. Instead however, without saying a word, Officer Tillman pushed with his shoulder to prevent the door from being closed. She did manage to get it closed. 

Suddenly, Officer Tillman used his shoulder to break down the home’s front door out of its frame, forcibly entering the home. He grabbed the homeowner, wrenched both of her arms behind her body, and swept her legs to the ground. He then placed a knee on her back and roughly handcuffed her. 

After the supervisor arrived, the handcuffs were removed and the homeowner was treated by EMS. Then she was cited on charges of misdemeanor obstruction and criminal trespass, which were later dismissed. 

After the supervisor arrived, he informed the guy trying to get in that he couldn’t get inside without a court order. When the supervisor asked Officer Tillman why he knocked down the door, Tillman responded, “because we had the charge of criminal trespass” and because “he feared for his safety” because he “didn’t know what was behind the door.”

An internal investigation by the agency found that Officer Tillman lacked probable cause to arrest or charge the homeowner, and that she was within her right to refuse entry to both the officer and the guy looking for his remote control and chess set. 

As we’ve discussed many times before, law enforcement entries into our castles are presumptively unconstitutional. The only two exceptions are valid consent and exigent circumstances. He clearly didn’t have consent. Nor was there any exigent circumstances, as the Court pointed out in the order denying the officer qualified immunity, which I’ll post up at the blog post on this. So there’s a clear-cut Fourth Amendment violation for the entry. Then you can add another one for the arrest inside the home – both because it lacked probable cause and because it occurred in the absence of an arrest warrant. Even with probable cause, an officer still must have an arrest warrant to arrest someone inside their home. 

Was there also an excessive force violation? As the Court pointed out in its order, Officer Tillman’s claim that the homeowner posed a threat to him is “unpersuasive.” Frankly, this is a pretty easy one, too. He busted down her door and attacked her. She just wanted to be left alone. He had no probable cause to believe that she had committed any crime. While there’s always a possibility that any homeowner could be armed behind their front door, that’s ever the more reason to not burglarize their homes. 

Order denying qualified immunity:

Doxxed by a Senator: Free Speech Retaliation by Public Officials

I want to expand on the legal issues presented in yesterday’s video a little more. Yesterday I posted a video on the issue of warning fellow motorists about a speed trap via flashing the lights on your car. If that is protected speech, and as a result of that protected speech, you get pulled over, harassed, arrested, or so on, at that point you may have not just a Fourth Amendment violation, but also a First Amendment violation. More specifically, the cause of action in federal court is called First Amendment Retaliation. It’s a violation of your First Amendment rights to suffer retaliation as a consequence of exercising your rights. This area of the law can be extremely murky. But it can also be straightforward. Like everything else in federal constitutional law, it’s highly fact-dependent.

This can be illustrated by a case I litigated, which pre-dated my Youtube channel, so you won’t find it there – at least before now. Imagine that a private citizen, riding in his work delivery truck, through the West Virginia countryside, sees a vehicle come barreling around him on a stretch of road with a double yellow line, going into a curve. This is filmed by the citizen with his cell phone. He recognizes the vehicle as that of his state senator. He then posts the video to social media, showing and denouncing the senator’s actions to his social media friends. But the senator has his own social media following, which is exponentially larger. In response to the citizen’s video, that senator with a large social media following goes on a rant against the citizen, calling him names, and also then identifying his place of employment – doxxing him, essentially. But he didn’t stop there.

Large numbers of § 1983 complaints allege free speech retaliation claims. These claims frequently give rise to difficult legal issues and sharply contested factual issues. The majority of these claims are asserted by present and former public employees. First Amendment retaliation claims are also asserted by government contractors, individuals subject to criminal prosecution, prisoners, and landowners, among others.

As a general matter, public officials may not respond to “constitutionally protected activity with conduct or speech that would chill or adversely affect [t]his protected activity.” Balt. Sun Co. v. Ehrlich , 437 F.3d 410, 416 (4th Cir. 2006). That is so “even if the act, when taken for different reasons, would have been proper.” ACLU of Md., Inc. v. Wicomico Cty ., 999 F.2d 780, 785 (4th Cir. 1993).

To succeed on a First Amendment retaliation claim, a plaintiff must show: “(1) [the] speech was protected, (2) the alleged retaliatory action adversely affected [the] protected speech, and (3) a causal relationship [existed] between the protected speech and the retaliation.” Raub v. Campbell , 785 F.3d 876, 885 (4th Cir. 2015).

However, a plaintiff must allege the violation of a federal right by a person acting under color of state law. Public officials can theoretically act both under color of law, as well as a private actor not under color of law. The defendant acts under color of state law if he is “a state actor or ha[s] a sufficiently close relationship with state actors such that . . . [he] is engaged in the state’s actions.” Cox v. Duke Energy Inc., 876 F.3d 625, 632 (4th Cir. 2017). Put simply, the defendant acts under color of state law when he “exercise[s] power possessed by virtue of state law and made possible only because [he] is clothed with the authority of state law.” Davison v. Randall, 912 F.3d 666, 679 (4th Cir. 2019) (internal quotation marks omitted). 

“[T]here is no specific formula for defining state action under this standard.” Rather, Courts evaluate “the totality of the circumstances.” Holly v. Scott, 434 F.3d 287, 292 (4th Cir. 2006). “If a defendant’s purportedly private actions are linked to events which rose out of his official status, the nexus between the two can play a role in establishing that he acted under color of state law.” In addition, “[w]here the sole intention of a public official is to suppress speech critical of his conduct of official duties or fitness for public office, his actions are more fairly attributable to the state.” 

In my case, this was the big issue. The senator’s lawyers filed a motion to dismiss. The federal court ended up denying that motion to dismiss, ordering the case to proceed. The Court pointed out that the state senator posted his response video on his official campaign Facebook page that he was using to both share information with his constituents, as well as to campaign for Congress. Thus the social media account generating the alleged retaliation was closely connected to official activities. 

Using that official account and social media following, the Court concluded that an inference was supported that the state senator was using his official position to pressure my client’s employer to fire him. Moreover, the Court found a causal connection between the response video, as well as the phone call to the employer, and my client being fired. He ordered the case to proceed and a subsequent settlement ensued.

Kentucky Officers Denied Qualified Immunity and Headed to Trial

Big update in Chris Wiest’s case in Kentucky, where several Kentucky police officers are being held accountable for their misconduct. Tonight he joined me for a live video, and we discussed developments in the case, at length. This is the case where the officers denied (under oath) striking the guy they were arresting, later finding out that video footage showed otherwise. This led to Officer Thomas Czartorski later being charged with perjury.

Prior video:

Update video with the footage:

Here’s the recent court order in the case, discussed in the videos: