Video Deposition of the Supervisor Who Ordered the False Arrest of Demetrius Kern (update Part 2)

This is Part 2 of the update on the viral video arrest of Demetrius Kern from Cleveland Heights, Ohio, which I originally covered in July of 2023, along with Mr. Kern’s attorney, Chris Wiest. Mr. Kern had been falsely arrested and charged after he was almost hit by a police cruiser driven by Officer Carly Lewis, whose video deposition was featured in Part 1 of this update. That arrest was primarily at the direction of Officer Lewis’ supervisor, Sgt. Naftali Wolf, whose video deposition is detailed in this video.

Here is the original video from July, 2023.

Here is Part 1. And here is Part 2:

Here is the main brief by Mr. Kern’s attorneys that I walked you through in the video, using the video deposition excerpts they actually cited in the brief:

If you want to go further into the weeds, here is the motion for summary judgment filed by Defendant Wolf’s lawyers (to which the above brief is responding in opposition):

As I mentioned in the video, as of this date, the Court has not yet ruled on the pending motions. Which means that the case is just hanging in limbo with nothing happening, until such time as there is a ruling. The ruling will decide whether or not the lawsuit gets dismissed, or whether it proceeds to a jury trial. This is fairly unusual for a delay of this length to occur in federal court – though sometimes does happen).

Tired Grandpa’s Terrible Roadtrip | Cop Placed on Leave

Imagine that your 62 year old father was driving late at night after 11 hours on the road. Would you worry that he would fall asleep? Hopefully he would just pull over somewhere and take a nap if he was tired. Right? Usually, yes. But not in Spokane County, Washington.

62 year old Kevin Hinton had just driven 11 hours into his road trip back from meeting his brand new baby granddaughter in Oregon. He was too tired to continue driving. He couldn’t keep his eyes open. So he pulled over into a parking lot at Terrace View Park, in Spokane, Washington, to take a nap. Shortly afterwards he would encounter Sgt. Clay Hilton with the Spokane County Sheriff’s Office. Within three minutes, Hilton would forcibly remove Mr. Hinton from his vehicle in such a way as to leave him with 8 broken ribs, a punctured lung, severe concussion, shoulder injury, and a disfigured lip. Why? Because Sgt. Hilton thought he was being rude. 

Here’s the raw use of force footage:

Florida Man’s Huge “I EAT A**” Sticker | Free Speech?

In May of 2019, Florida man Dillon Shane Webb was pulled over by Columbia County Sheriff’s Deputy Travis English, who objected to the sticker on the back window of Webb’s truck, which said, in all capital letters, “I EAT A**.” Deputy English ordered Webb to remove one of the letters during the traffic stop. Webb refused  citing his First Amendment rights. But he was arrested and booked in jail for “obscene writing on vehicle” and “resisting an officer without violence.”  Did he have a First Amendment right to have that sticker? Was the arrest unconstitutional? What happened to the criminal charges? Was there a lawsuit? If so, was it successful? You might be surprised…

Section 847.011(2) makes it a misdemeanor offense to possess

“any sticker, decal emblem or other device attached to a motor vehicle containing obscene descriptions, photographs, or depictions . . . .” 

Florida law further defines “obscene” as material which


(a) The average person, applying contemporary standards, would find, taken as a whole, appeals to the prurient interest; (b) Depicts or describes, in a patently offensive way, sexual conduct as specifically defined herein; and
(c) Taken as a whole, lacks serious literary, artistic, political, or scientific value. 

Fla. Stat. § 847.001(10). 

Under section 843.02, Florida Statutes,

“[w]hoever shall resist, obstruct, or oppose any officer . . . in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree . . . .” 

Here’s the memorandum opinion from the case:

Cop Punches Mom Holding a Baby

Recently, a new sheriff was elected in Los Angeles County. He held a press conference about some bodycam footage that he had just become aware of, showing a deputy punching a mother in the face, in an attempt to take the baby from the mother over concerns that she had not properly transported the child in a carseat. Did the officer act reasonably?

By the way, this is the same agency that is also under investigation for another incident, wherein an elderly woman was slammed to the ground unnecessarily.

Woman Claims Traffic Stop Caused Miscarriage | Cops Release Footage

This woman was 6 and a half months pregnant when she was pulled over by New York State troopers on March 20. She alleged that she was forced off the road, pulled out of her vehicle, and then treated roughly by the troopers, resulting in her having an emergency C section on the same day, ending in the death of the unborn child. She hired an attorney who called for an investigation in an interview with the media, claiming that civil rights were violated and that the child’s death was homicide, caused by the troopers, claiming she was yanked out of her car like a “rag doll” and slammed on the hood of a vehicle. 

In response, the New York State Police released the body cam footage, along with a statement announcing that a “quantity of fentanyl and methamphetamine was located secreted” in the woman’s body. Does the footage corroborate the claims, or exonerate the troopers? 

RING Doorbell Gives Private Footage To Police | Huge Privacy Scandal

I’ve done quite a few videos capturing government misconduct recorded from doorbell cameras such as Ring doorbells. For example: Cops removing and destroying a Ring doorbell in Erie, Pennsylvania, at the wrong house; Cops removing an “F” Joe Biden flag from the front porch of a home; Cops altering or removing exterior surveillance cameras; Cops serving an eviction at the wrong house; Or even cops coming into a house, guns drawn, for a building inspection, in New Port Richey, Florida. 

Home video cameras are certainly handy at catching law enforcement violating your constitutional rights. Check out those prior videos if you want to hear me discuss the constitutional rights at play in those incidents. But did you know that the government is also actively using them as well? Do you have a Ring doorbell? How is the footage stored? Can the police obtain that footage against your will, even if you’ve done nothing wrong? What if I told you that Ring just might provide stored footage from cameras inside and around your home to police, even without your consent? 

A guy named Michael Larkin was featured in a Politico article. His story exemplify what can happen to you if you use Ring doorbells. He’s a business owner in Hamilton, Ohio, and has a Ring doorbell camera and 20 other Ring cameras in and around his home and business. Five of those cameras surround his house, which record in 5 to 15 second bursts whenever they’re activated. He also has three cameras inside his house, as well as 13 cameras inside the store that he owns. All of these cameras are connected to his Ring account. Ring, the company, stores this footage on their servers for up to 180 days. He thought his footage was his own private footage. But he thought wrong.

BREAKING: Lawsuit Settled | Cop Fired and CHARGED | His Lawyer Explains

One of the excessive force cases we’ve been following just settled, and you may or may not be surprised at the settlement amount. This is the one in Kentucky where a man was arrested inside his parents’ home and was beaten – not terribly – but still beaten, by two Kentucky State Troopers. Then the dad goes to get his cell phone and starts filming. The troopers then took the phone and deleted the footage. Well, as sometimes happens, the parents had interior surveillance cameras that the cops did not know about. My buddy Chris Wiest files a lawsuit against them; puts them under oath at their depositions, and asks them about it. Both troopers denied striking the guy. Unfortunately for them, they had been caught on camera. 

On April 9, 2020, Kentucky State Troopers James Cameron Wright, Thomas Czartorski, and a third trooper, Kevin Dreisbach, went to the Hornbacks’ home in Shepherdsville, Kentucky, to arrest 29-year-old Alex Hornback for a missed appearance in Jefferson District Court. Hornback’s mother and father met them at the door and led Wright and Czartorski to the basement, where their son was, while Dreisbach covered the rear of the house.

Czartorski and Wright testified in their January 2021 depositions that they had a relatively calm interaction with Hornback, despite taking him to the floor, and that they didn’t use any other force or strike him.The Hornbacks’ lawyer later released a home-security video contradicting the troopers’ statements. The video showed Wright grabbing Hornback around the neck and slinging him to the floor, though Hornback was not visibly resisting. The video also showed Czartorski striking Hornback four times on the legs with his flashlight. Wright hit Hornback twice in the back with his right forearm and appeared to have his left knee on Hornback’s neck, pushing his face into the floor. Hornback did not suffer any serious injuries.

Here’s the raw footage:

Here’s my prior video on this lawsuit.

Detained, Arrested and Beaten Over Cheeseburger Dispute

It’s happened yet again – this time in Ohio – where police arrive to a trespassing complaint at a business (this time at a McDonald’s) and instead of allowing the person to leave the business, they instead detain and forcibly ID the individual. Do police officers have the right to detain someone under these circumstances? More importantly, do they have NEED to do so?

From the Dayton Daily News:

An incident that led to an officer hitting a woman multiple times Monday began as a dispute over missing cheese on a Big Mac. Butler Twp. Sgt. Todd Stanley and Off. Tim Zellers responded at 4:20 p.m. to a call about a disorderly customer at the McDonald’s at 3411 York Commons Blvd., and on arrival, officers spoke to Latinka Hancock, according to a police report.

When the woman refused to provide her ID, the officers engaged in a brutal and violent use of force against her, which one customer inside the McDonald’s caught on video:

https://www.facebook.com/watch/?v=691942075763580

Following the release of the footage to the public, the officer has been placed on leave, pending internal investigation.

WV Cop Overdose Caught on Video | Update?

Remember the video I posted a while back showing the West Virginia police officer appearing to overdose after a suspect allegedly threw narcotics at him? Is there an update?