Need some help - citations to respond with
- Don -- While I don't have specific cases for you because I don't have the time to look through all my stuff -- I am already working 18-21 hours per day 7 days per week helping other people out and trying to make a living. However, I do have a couple of pointers.
1. A municipality, by its very definition is a corporate entity. Any corporate entity in any State is defined as a "person". Under the Clearfield Trust doctrine, any government entity that is functioning in its corporate capacity (and virtually all of them are functioning in a corporate capacity) is to be treated as a corporation -- no special immunity, etc. Just another fiction of the State.
2. For the statement of not providing proof of action, you must research out the relevant statute and look it up in the annotated codes or statutes of your State. These annotated codes or statutes will give you the relevant case law so you can correct the mistake.
3. Qualified immunity only exists for government officials who are acting within their specified job description and are acting in good faith. Good faith can only be manifested through absolute adherence to the relevant codes or statutes, your Administrative Procedures Act and the specific agency rules. Any variation means no qualified immunity.
4. False imprisonment, malicious prosecution, assault and battery, etc. all have specific definitions for them. Remember, all these local, county and State entities all take federal funds and are, thus, required by contract between the government entity and the feds to adhere to all federal laws. Under federal law, false imprisonment occurs when anyone prevents another freedom of motion against the detained person's will. Malicious prosecution occurs when abuse of process is used to achieve events that would not normally occur when following due process requirements. Assault is someone telling you they plan to do mean, wicked and terrible things to your person. Battery can be as simple as touching someone with your fingertip. When the A & B occurs when being arrested, you have to overcome the necessary force doctrine which is, simply, they can only use sufficient force necessary to gain compliance with their demands. Any excess force becomes a police brutality issue. pd
Don Schwarz <vigilespaladin@...> wrote:
This is Don calling out for some help here..........I am in earnest
I am a legal team of ONE. The false arrest, false imprisonment
and the malicious prosecution by Stoughton, Mass. Police
and a corrupt Norfolk County, Mass. Asst, District Attorney, have