Federal Lawsuit Filed in the Creepy Cops Caught on Video Case

The lawsuit was filed today on behalf of Dustin Elswick, against Putnam County, West Virginia, along with four police officers involved in the infamous “Special Enforcement Unit.” These are the cops who were caught on hidden camera searching the inside of Dustin’s home. Although they cut the wire on an outside surveillance camera, they were apparently unaware of the cameras inside the home.

This is a federal “Section 1983” lawsuit alleging the violation of federal constitutional rights; namely, the Fourth Amendment right to be free from unreasonable search and seizure. A warrantless search of your home is automatically unconstitutional in the absence of one of two exceptions: consent, or exigent circumstances (emergency), neither of which apply here. Two prior federal lawsuits have already been filed against the SEU thus far for similar allegations in the Johnson case, as well as the Dillon case. The remedy is an award of money damages, along with reasonable attorney fees and expenses.

There was an internal investigation, as the news reported, but we never received information about the outcome. That sheriff has since been replaced.

Here’s the Complaint:

Here’s the original video:

Here’s the update video:

Another Federal Civil Rights Lawsuit Filed against the Putnam County “Special Enforcement Unit”

This week we filed a second federal civil rights lawsuit against the Putnam County, West Virginia so-called “Special Enforcement Unit.” This is the same “SEU” guys who were featured in the Dustin Elswick video. This case features one of the victims who came forward after the Elswick video became public.

It involves a young man who was visiting a friend’s house, on his way to go fishing. The SEU just happened to raid his friend’s home, without a warrant, keeping my client in handcuffs for an extended period of time while they searched the house. Apparently they found a small amount of pot in the friend’s house and a couple hundred dollars in cash, which they took. No paperwork documenting the event was ever provided in response to our FOIA requests. There were no criminal charges.

We’re alleging multiple civil rights violations, including unreasonable search and seizure and excessive force, in violation of the Fourth Amendment. Here’s the Complaint, in full.

Petition for Rehearing En Banc Filed in the Walker Case

Here’s the Petition for Rehearing and Petition for Rehearing En Banc we filed yesterday in the Walker AR-15 open carry case, which will give effectively stay the case while the other judges on the Fourth Circuit have an opportunity to review our petition and consider whether to get involved.

If the Panel Opinion remains, Black is meaningless, because there will always be “more” available to any police officer. Even if an individual has violated no law, they will be subject to detainment based on any speculative crime which generally could be committed by any anonymous person. A man walking in the direction of any woman might be a rapist, given that he would appear to have the physical ability to carry out a rape. Any driver of a car heading in the direction of any other human being might be a potential murderer, because they appear to have the physical ability to run-over people, should they so choose. The analogies could go on and on because, like the Michael Walker case, these scenarios are all generalized, rather than based on individualized reasonable suspicion. 

Deputy Donahoe did, and claims to have done numerous other times, exactly that which Black forbade: to assume that being a felon in possession of a firearm was the default status; that, without more, he could detain and ID anyone he saw with a firearm. He admitted that he had no information that Walker may have been a prohibited person. (J.A. 162:5-8). Donahoe admitted under oath that had no indications that Mr. Walker was a threat to anyone, nor appeared to have any ill intentions (J.A. 167:1-4). Donahoe told Mr. Walker at the beginning of the stop, “At this point, I have the absolute right to see whether you’re legal to carry that gun or not.” (See J.A. 209 – Video of Incident). 

The District Court acknowledged that “where a state permits individuals to openly carry firearms, the exercise of this right, without more, cannot justify an investigatory detention.” Black, 707 F.3d at 540 (J.A. 326). There was no “more.” Walker had committed no crime. He wasn’t observed committing a crime. Not a single person alleged that a crime was committed by Michael Walker. To allow a police officer’s subjective fear of AR-15s, or of theoretical copycat crimes, to be utilized as “more,” effectively swallows the rule. This opens the door to racial profiling, and so on. To allow the Panel Opinion to stand is to unravel Black, and important civil rights protections.

Family Court Judges vs. Judicial Investigation Commission

The saga of the Family Court Judges attempting to sway justice in the case of the Family Court Judge Search Case continues. As I already posted about, I sent a FOIA request to the Family Court Judicial Association to ascertain, among other things, who actually voted to engage in this conduct. Their lawyer responded, as I expected, denying that they are accountable to the public via FOIA:

So this is like saying that any group of government officials can just form their own “voluntary association” and then conduct business pertaining to their official jobs, and even use their government employees, emails, and so on, and yet avoid FOIA accountability. We’ll have to see about that.

Here are some of the recent filings flying back and forth in their efforts at intervening in the pending disciplinary matter involving Judge Goldston:

Here is Judge Goldston’s brief to the Supreme Court in this matter, apparently emboldened by the support of her colleagues, attempting to get out of the discipline she had already agreed to:

Fourth Circuit Holds Mass Aerial Surveillance is Unconstitutional

This past Thursday, on June 24, the Fourth Circuit quietly issued an en banc opinion in “Leaders of a Beautiful Struggle v. Baltimore Police Department, which challenged the Baltimore Police Department’s Aerial Investigation Research (AIR) pilot program on Fourth Amendment grounds. In an opinion written by Chief Judge Roger Gregory, the Court held that the AIR mass aerial surveillance program was an unconstitutional search and seizure (at least at the point the data was accessed).

The AIR program “tracks every movement” of every person outside of a structure in the City of Baltimore, retaining 45 days worth of data which is a “detailed, encyclopedic” record of where everyone came and went within the city during daylight hours. Law enforcement can “travel back in time” to observe a target’s movements, forwards and backwards. The Court likened the data to “attaching an ankle monitor to every person in the city,” and noted that, “whoever the suspect turns out to be, they have effectively been tailed for the prior six weeks.”

The Court held that “because the AIR program opens “an intimate window” into a person’s associations and activities, it violates the reasonable expectation of privacy individuals have in the whole of their movements.” Whereas traditional aerial or static camera surveillance have been upheld as reasonable by the courts, those cases “all involve some discrete operation surveilling individual targets.”

The AIR program records the movements of a city. With analysis, it can reveal where individuals come and go over an extended period. Because the AIR program enables police to deduce from the whole of individuals’ movements, we hold that accessing its data is a search, and its warrantless operation violates the Fourth Amendment.

Opinion at p. 28

The AIR program is like a 21st century general search, enabling the police to collect all movements, both innocent and suspected, without any burden to “articulate an adequate reason to search for specific items related to specific crimes.

Opinion at p. 32

Since this holding came from the Fourth Circuit sitting en banc, the only where to go from here is to the U.S. Supreme Court.

Conspiracy of Family Court Judges EXPOSED

This is absolutely outrageous. Apparently, there’s a secret society style organization of Family Court judges in West Virginia, who held a meeting and signed a resolution asking the West Virginia Supreme Court to fire the judicial disciplinary counsel prosecutors, who are currently engaged in the disciplinary prosecution of Judge Goldston in what has been termed the “Family Court Judge Search Case.” This was then leaked to the media by the judges, none of whom would agree to go on the record, but rather opted to work from the shadows.

The “Outlaw Barber” Arrested for Refusing to Close During the Lockdown Files Civil Rights Lawsuit

Today we filed suit in the case of the “Outlaw Barber,” Winerd “Les” Jenkins, a 73 year old combat veteran and former 27-year Deputy U.S. Marshall, who was arrested for refusing to close his barbershop during the Governor’s lockdown in April of 2020. We filed a Section 1983 civil rights lawsuit in federal court, in the Northern District of West Virginia.

The case was detailed last year in a Federalist article titled, West Virginia Barber’s Arrest Shows Failings Of The Bureaucratic State:

When Winerd “Les” Jenkins first became a barber, Neil Armstrong hadn’t yet set foot on the moon. For over five decades, Jenkins has made a living with his scissors and razor. For the past decade, he’s worked his craft from a storefront in Inwood, West Virginia. At Les’ Place Traditional Barber Shop, you can get a regular men’s haircut for $16 and a shave for $14—but come prepared to pay the old-fashioned way: in cash.

His insistence on “cash only” isn’t the only thing that’s old-school about Jenkins. He lives with his wife of 52 years on a small farm, where the couple raises rescued animals. He believes in paying his bills on time. He doesn’t use the internet, email, or text messaging. And he’s skeptical that his profession can become illegal overnight merely on the governor’s say-so.

He was ultimately arrested by two deputies from the Berkeley County Sheriff’s Office, who transported Mr. Jenkins for incarceration and charged him with “obstructing” an officer. The prosecuting attorney’s office of that county then aggressively prosecuted Mr. Jenkins for the better part of a year, until the judge finally dismissed the charge in January of 2021, finding that it would be a violation of Mr. Jenkins’s constitutional rights to prosecute him for violating the governor’s executive order.

We asserted two separate violations of Mr. Jenkins’ Fourth Amendment rights (unreasonable search and seizure and false arrest), as well as a violation of Mr. Jenkins’ First Amendment rights. It’s already been assigned a case number. Read it for yourself:

I’ve already revealed the body cam footage from one of the deputies, which caught much of the interaction on video:

SCOTUS Destroys the “Community Caretaking Doctrine” and Some Case Updates

Join me at 7pm Live – The SCOTUS issued an opinion today protecting the sanctity of the Fourth Amendment protections of the home, which also served as an anti-red-flag ruling, restricting the police from performing warrantless searches of homes to seize firearms.

This is just in time for recent updates on two of our search and seizure cases with the same or similar issues: the Putnam County drug task force search case and the WV Family Court Judge Search case.

Link to the Opinion.

PS: I’ve had to downsize the live videos for the season due to being so busy, to just Monday evenings at 7pm. Just way too much going on at the moment! Make sure to join me next Monday…..

My Black Client Arrested for Installing Fiber Optics in White Cop’s (Alleged) Driveway

Join me Live for #FreedomIsScary​ No. 62 about a federal #CivilRights#Lawsuit​ I’m working on on behalf of a black man from Kentucky – the son of a police officer BTW – who was arrested in Mercer County, West Virginia for allegedly installing fiber optic cables while black. He was allegedly in the private driveway of this West Virginia Natural Resources police officer, who apparently has an extremely loose dress code.

Update: Federal Lawsuit filed. Here it is:

Updates on the Drug Task Force Search Case and the Family Court Search Case

On Friday we filed a lawsuit against Putnam County and the individual members of their “SEU” – Special Enforcement Unit – for an illegal search of a family’s residence in Putnam County, West Virginia in April of 2019. These were the same guys from the Dustin Elswick video. Here’s the full complaint (sorry it was omitted earlier, but NOW here it is):

Then this morning we received motions to dismiss from the defendants in the Family Court Judge Search case. Here’s the memorandum arguing for dismissal for the judge, based on judicial immunity, and somewhat surprisingly, the 11th Amendment:

Lastly, here’s the memorandum arguing for dismissal for the county and the deputies, arguing qualified immunity:

We’ll go through these in tonight’s live video update in Freedom is Scary, Episode No. 58. Join me live at 6:30 p.m. ET: