Patriot Picket Civil Rights Suit FILED!

Deep Lurker · Jul 19, 2023

BeoBill said:
That is positively CHILLING. No pun intended. Actual Police State mentality there, IMO.

View attachment 422751

Back in 2018 Mark Pennak of Maryland Shall Issue instantly recognized the actions by the Maryland Capitol Police on the night of our arrest would create a “chilling effect” on the exercise of our rights of free speech and assembly at the Capitol in Annapolis.

Mark also knew there were several registered members of MSI among the seven Patriot Picket members threatened with arrest, including Jeff and myself, thus the rights of all MSI members were implicated.

He correctly reasoned this threat would cause other MSI members to cancel or drastically revise any plan to demonstrate at the Capitol, as this and other threads subsequently documented, and this “chilling effect“ was the primary reason MSI joined this suit.

Who could have imagined the Fourth Circuit would not just ratify but encourage this “chilling effect” by the operation of law in 2023?

Deep Lurker · Jul 19, 2023

Deep Lurker said:
This morning the Fourth Circuit Court of Appeals denied our en banc petition:

View attachment 421875 View attachment 421876

As a result of the denial of our en banc petition, today the 4th Circuit lifted the mandate staying the panel decision, and this published decision is now in effect:

RFBfromDE · Jul 19, 2023

Deep Lurker said:
Who could have imagined the Fourth Circuit would not just ratify but encourage this “chilling effect” by the operation of law 2023?

This is how they run cover for one another.

Deep Lurker · Jul 19, 2023

Wait, wait, there’s more …

This is where it gets really crazy at the Fourth Circuit.

The VERY SAME JUDGE (Judge Harvie Wilkinson) who was the AUTHOR of the panel opinion in our case - - DESTROYING our First Amendment rights in Annapolis - -became the LONE DISSENTER in another First Amendment case (“SPEECH FIRST”), where WILKINSON argued exactly the OPPOSITE of what he argued in our case, only TWO WEEKS BEFORE the ruling in our case was handed down:

In “SPEECH FIRST” Judge Wilkinson poses as an ADVOCATE for the FREE SPEECH RIGHTS of students at Virginia Tech, where something called the “BIAS INCIDENT RESPONSE TEAM” (BIRT) was created by administrators to officially confront university students who had been anonymously reported online to the “BIRT” by other faculty, students or staff for having expressed “biased” views, i.e. un-wokeness.

Being reported for bias means VT students are “invited” to meet the BIRT administrators and the Dean of Students and to submit themselves to Maoist-style struggle sessions to explain themselves.

Students could also potentially be reported to VT campus police and other campus or outside authorities for further persecution or prosecution if found lacking in sincere remorse for expressing biased views.

In Wilkinson’s strident dissent in “SPEECH FIRST” (the majority opinion approving of BIRT by Judges Motz and Diaz is itself admittedly crazy) there has never been a greater admirer of OUR FOUNDERS and the WISDOM of the First Amendment than WILKINSON HIMSELF.

He emphatically argues the First Amendment should NOT be subject to the exclusive control of government authoritites or university officials, and explicitly warns of the danger of government or government actors chilling free speech.

WTF?

Oral argument in “SPEECH FIRST” begins at the 16:55 minute mark below:

WILKINSON’S lonely (but CORRECT) dissent in “SPEECH FIRST” begins on page 33 of the opinion:

https://www.ca4.uscourts.gov/opinions/212061.P.pdf

Bob A · Jul 19, 2023

If His Honor could issue currency, this would be the coin of his realm:

eruby · Jul 19, 2023

Bob A said:
If His Honor could issue currency, this would be the coin of his realm:

He will henceforth be known as Judge Janus

@Deep Lurker may G-d shine his light on you, and your entire legal team, and bring shame and bitterness upon those who are against you

whistlersmother · Jul 19, 2023

Quite unfortunate. I should hope the two-faced's hypocrisy shows up in the request for cert.

I am convinced the MD AWB stuck at 4CA will never be decided. Judges like this hypocrit will sit on it forever. I would not be surprised if an order of mandamus were handed down, that 4CA then sends it back to district (if that's possible).

Hopefully the 4CA war against free speech gets thrown back at them from SCOTUS.

gamer_jim · Jul 20, 2023

Similar suit going on in GA with the guy on YT, HonorYourOath, a 1st Amendment auditor. Criminal charges got tossed and now he's filing civil suit personally against the officer.

Blacksmith101 · Jul 20, 2023

Washington Gun Law YouTube video on how some law school professors are advocating using "Qualified Immunity" to violate Second Amendment rights:

Deep Lurker · Aug 8, 2023

Bob A said:
If His Honor could issue currency, this would be the coin of his realm:

View attachment 423198

Thank you BobA.

It is a grave danger to all of us when those appointed to serve us as impartial judges of the law prefer to serve instead in political roles, pursuing their notions of public policy.

Deep Lurker · Aug 8, 2023

eruby said:
He will henceforth be known as Judge Janus

@Deep Lurker may G-d shine his light on you, and your entire legal team, and bring shame and bitterness upon those who are against you

Thank you eruby for your sincere prayer.

We will need all the prayers we can get going forward.

Deep Lurker · Aug 8, 2023

gamer_jim said:
Similar suit going on in GA with the guy on YT, HonorYourOath, a 1st Amendment auditor. Criminal charges got tossed and now he's filing civil suit personally against the officer.

The National Police Association filed an amicus brief in support of Pope at the Fourth Circuit implying I was a cop auditor who intentionally sought to antagonize police just to capture the confrontation on video, and that I did this for money on You Tube.

Despicable lie, on all three counts. Yet it didn’t matter to them.

What these cop lawyers claimed about me to a Federal appellate court proved only the depth of their slimy pool of desperation to win at any cost.

They brought shame upon themselves and their national cop Association with their trash filing.

Blacksmith101 said:
Washington Gun Law YouTube video on how some law school professors are advocating using "Qualified Immunity" to violate Second Amendment rights:

It’s shocking when even law school “professors” profess doing whatever it takes to win, deliberately sowing injustice in the name of the law.

This matched the attitude of the State’s lawyers in our case: the truth and the law be damned.

Thank you both for the excellent videos.

teratos · Aug 8, 2023

Deep Lurker said:
The National Police Association filed an amicus brief in support of Pope at the Fourth Circuit implying I was a cop auditor who intentionally sought to antagonize police just to capture the confrontation on video, and that I did this for money on You Tube.

Despicable lie, on all three counts. Yet it didn’t matter to them.

What these cop lawyers claimed about me to a Federal appellate court proved only the depth of their slimy pool of desperation to win at any cost.

They brought shame upon themselves and their national cop Association with their trash filing.

It’s shocking when even law school “professors” profess doing whatever it takes to win, deliberately sowing injustice in the name of the law.

This matched the attitude of the State’s lawyers in our case: the truth and the law be damned.

Thank you both for the excellent videos.

Lies! Disgusting how things are distorted. I support good LEO, but the National Police Association must be made up of totalitarian goat felchers.

Deep Lurker · Aug 8, 2023

whistlersmother said:
Hopefully the 4CA war against free speech gets thrown back at them from SCOTUS.

We are certainly going to try.

Our legal counsel Cary Hansel confirmed today that we are petitioning for cert.

Stoveman · Aug 8, 2023

Deep Lurker said:
We are certainly going to try.

Our legal counsel Cary Hansel confirmed today that we are petitioning for cert.

Awesome sauce! Jeff is looking down with a huge smile on his face.

teratos · Aug 8, 2023

Stoveman said:
Awesome sauce! Jeff is looking down with a huge smile on his face.

I believe the smile is there.

adit · Aug 30, 2023

Qualified Immunity.

Since Bailey was arrested in March 2020 for a coronavirus joke he posted on Facebook, he has struggled to clear his mind. The felony terrorism charge he faced ruined his life, he said, prompting him to sue two employees from a Louisiana parish’s sheriff’s office. A district court judge later dismissed Bailey’s claims, but Bailey appealed.

On Friday, Bailey was still awaiting a decision. When he checked his phone that afternoon, his angst began to diminish.

His attorney had messaged him the decision from the U.S. Court of Appeals for the Fifth Circuit. Three judges ruled that Bailey’s Facebook post — which joked that the sheriff’s office had issued an order to shoot people infected with the coronavirus — was protected speech under the First Amendment and that he shouldn’t have been arrested.

Bailey can continue pursuing legal action against the sheriff’s office employees, the court ruled.

In September 2020, Bailey filed a lawsuit alleging Detective Randell Iles and Sheriff Mark Wood violated his First and Fourth amendment rights.

But David Joseph, a U.S. district judge for the Western District of Louisiana, dismissed Bailey’s claims in July 2022. He ruled the defendants were protected by qualified immunity, a doctrine that shields government officials from liability in civil lawsuits unless it’s proved they violated a constitutional right. He wrote that Bailey’s arrest was warranted because his post “may very well have been intended to incite lawless action.”

Bailey appealed Joseph’s decision the next month.

In Friday’s ruling, the appellate judges declared that Bailey’s Facebook post was not a threat and did not incite violence. The reference to Pitt’s fictional character was a giveaway that it was not serious, the court said.

“The post did not direct any person or group to take any unlawful action immediately or in the near future,” the judges wrote. “ … at worst, his post was a joke in poor taste, but it cannot be read as intentionally directed to incitement.”

Iles violated Bailey’s First Amendment right and had no probable cause to arrest Bailey, the court said in its ruling, meaning he is not entitled to qualified immunity.

The case will be tried again in district court. Ben Field, Bailey’s attorney, said the appeals court decision “makes it very clear” that Bailey will win the case.

He was arrested for a covid joke. It was free speech, court rules.

Deep Lurker · Sep 3, 2023

adit said:
Qualified Immunity.

He was arrested for a covid joke. It was free speech, court rules.

Good catch @adit! Thanks for posting this QI story.

One of the links in the story, sorry it’s WaPo, so may be a paywall for some:

https://www.washingtonpost.com/nation/2022/11/08/covid-joke-free-speech-lawsuit/

Afrikeber · Sep 3, 2023

teratos said:
Lies! Disgusting how things are distorted. I support good LEO, but the National Police Association must be made up of totalitarian goat felchers.

I’ve heard they are a “I am God” mindset political lobby institution.

Sounds about right, actually they just proved the scuttle-but is true.

Deep Lurker · Sep 3, 2023

Here’s another one:

Man who flipped off Delaware State Police wins $50,000 judgment

He was protesting a speed trap by holding up a sign alongside a road. Police cited him after he gave them the finger. The charge was later dropped.

www.delawareonline.com

This illustrates what occurred in our case: free speech in public is interfered with by State Police, and the cops then get angry if their illegal interference is resisted when no laws are being broken:

“The cellphone video shows [Delaware State] troopers approaching Guessford, who was standing in a grassy area next to the shoulder of Route 13 north of Dover. Douglas told Guessford that he was ’disrupting traffic,‘ while Gallo, based on a witness report, said Guessford was "jumping into traffic."

In our case, it was a Maryland State Trooper who first called Maryland Capitol Police, requesting for us to be interfered with, to politically benefit Lt. Gov. Rutherford, and the MCP reflexively obliged the MSP without question, except to verify our location on a public sidewalk.

FB video of our arrest records the moments immediately after Rack&Roll’s sign was ripped from my late brother’s hands, and after my hands were ripped away from my cell phone camera by Maryland Capitol Police.

After we were handcuffed but before we were separately carted off in patrol cars for booking at the Annapolis PD, Sgt. Pope victoriously paraded up and down the public sidewalk, even mugging for the reporter’s camera, while grabbing our signs and Patriot Picket banner and intentionally throwing them on the ground behind the planters.

The Chief of the Maryland Capitol Police and Hogan’s Department of General Services, including DGS Secretary Churchill himself, then concocted overnight their false “traffic/pedestrian safety” narrative, just as above, and Frosh’s MD State AAG‘s promoted this obvious lie to invoke QI for the MCP/DGS cops at every stage of the litigation in our case.

Patriot Picket Civil Rights Suit FILED!

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