That would some sweet justice. I'd love to see Rutherford dance and sweat.
Patriot Picket Civil Rights Suit FILED!
- Thread starter Rack&Roll
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- Mar 22, 2019
- 2,365
Oral argument in the pending appeal of our lawsuit is now just over a week away.
I shared with many a “WTF?” reaction after the MD OAG appealed our District Court ruling to the Fourth Circuit in May 2021, asserting that appellate courts “declare” if and when Constitutional rights are “clearly established” when analyzing claims that implicate Qualified Immunity (QI) and the powers of police.
It is the reason I posted this thread below on MDS back in mid-February about the precedent-setting Sharpe v. Winterville PD “right to livestream” decision handed down by the Fourth Circuit on February 7, 2023 because QI, as in our case, was implicated:
www.mdshooters.com
I’m linking back to this “right to livestream the police in public” thread here today because the Sharpe ruling was also the subject of the “letter of supplemental authority” addressed to the Fourth Circuit by the MD OAG on Pope’s behalf last week:
We addressed a reply to the Court regarding Sharpe the following day:
In anticipation of the potential (outraged) reaction by some listening to our oral argument next Wednesday morning, I am linking to the Sharpe “right to livestream” thread today so you can read (or re-read) it, if you wish, to be prepared to understand the oral argument about your “right to record” versus your “right to livestream.”
The quoted passages and images from the pages of the Sharpe ruling posted in this “right to livestream” thread linked above may help explain some of these confounding legal issues.
Sharpe had asserted a Constitutional right to record and/or livestream the police during a traffic stop, but the Court rejected that broad assertion and did not rule on the Constitutional right to record the police, only Sharpe’s right to livestream.
The District Court ruled in our lawsuit in April 2021 that I had the Constitutional right to record the police; this finding is disputed by Pope and became an element of the pending interlocutory appeal by the MD OAG.
The right to record the police will be addressed during our oral argument.
I shared with many a “WTF?” reaction after the MD OAG appealed our District Court ruling to the Fourth Circuit in May 2021, asserting that appellate courts “declare” if and when Constitutional rights are “clearly established” when analyzing claims that implicate Qualified Immunity (QI) and the powers of police.
It is the reason I posted this thread below on MDS back in mid-February about the precedent-setting Sharpe v. Winterville PD “right to livestream” decision handed down by the Fourth Circuit on February 7, 2023 because QI, as in our case, was implicated:
FOURTH CIRCUIT DECLARES RIGHT TO LIVESTREAM POLICE
A new ruling by the U.S. Court of Appeals for the Fourth Circuit declares for the FIRST time within the states under the jurisdiction of the Fourth Circuit (including Maryland) that the public has a “clearly established” Constitutional right to LIVESTREAM video of the police in the public...
I’m linking back to this “right to livestream the police in public” thread here today because the Sharpe ruling was also the subject of the “letter of supplemental authority” addressed to the Fourth Circuit by the MD OAG on Pope’s behalf last week:
We addressed a reply to the Court regarding Sharpe the following day:
In anticipation of the potential (outraged) reaction by some listening to our oral argument next Wednesday morning, I am linking to the Sharpe “right to livestream” thread today so you can read (or re-read) it, if you wish, to be prepared to understand the oral argument about your “right to record” versus your “right to livestream.”
The quoted passages and images from the pages of the Sharpe ruling posted in this “right to livestream” thread linked above may help explain some of these confounding legal issues.
Sharpe had asserted a Constitutional right to record and/or livestream the police during a traffic stop, but the Court rejected that broad assertion and did not rule on the Constitutional right to record the police, only Sharpe’s right to livestream.
The District Court ruled in our lawsuit in April 2021 that I had the Constitutional right to record the police; this finding is disputed by Pope and became an element of the pending interlocutory appeal by the MD OAG.
The right to record the police will be addressed during our oral argument.
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"Appellant's citations are misleading..."
AKA, The assistant DA is a lying SOS!
AKA, The assistant DA is a lying SOS!
- Mar 22, 2019
- 2,365
Speaking of misleading …
Despite the fact that our lawsuit was clearly a “First Amendment rights violation case” the only amicus curiae brief submitted during this Fourth Circuit interlocutory appeal was authored by the NATIONAL POLICE ASSOCIATION, to support Sgt. Pope.
(Hello ACLU - - any guardians of our Civil Rights home?)
The NPA amicus brief is ludicrous: an intentional misstatement of the facts of our case to smear us (and our only reason for being there that night) before the judges of the Fourth Circuit.
NPA claims we (Adolph Oliver Bush, Not_An_Outlaw, Bob A, Hillbilly Grandpa, Zen Monkey, Rack&Roll and me) were blocking the sidewalk.
Even Sgt. Pope admitted later in his sworn deposition this wasn’t true.
In their desperation NPA resorts to labeling me as a “First Amendment auditor” whose goal was recording video to “harass” the police, “catch them” in the act of violating rights, posting video on YouTube for personal “financial gain” and creating ”hazardous and unnecessary confrontation” that night.
All despicable lies.
(I have recorded video of politicians, to whom I posed questions in public. It was instead Sgt. Pope who repeatedly “confronted” and “harassed” us that night, which is why I later recorded his approach to our legal public sidewalk demonstration.)
National Police Association: GFY.
You can read the entire NPA amicus fever dream here:
NPA amicus excerpts below:
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- Nov 11, 2009
- 30,904
NPA knows that they can always use their support of Pope, deliberate lie that it is, in their advertising to their members and supporters.
No one reads past the headlines any more, anyway. There's way too much effort involved - all those words! Who has the time for that stuff? Just tell us what to think, especially if it agrees with our current opinion. Even the MD OAG is doing it - see above.
No one reads past the headlines any more, anyway. There's way too much effort involved - all those words! Who has the time for that stuff? Just tell us what to think, especially if it agrees with our current opinion. Even the MD OAG is doing it - see above.
- Mar 22, 2019
- 2,365
Oral argument is tomorrow morning, Wednesday May 3rd, in the State‘s appeal in our lawsuit, during a hearing session that begins at 9 AM.
Our case “Clayton Hulbert v. Pope” is currently scheduled to be the second of three cases argued, but the order of the cases is subject to change.
Click here at 9 AM to listen to the YouTube live-streaming (audio only) of this argument session:
To read a brief summary of the lawsuit, and to view historical pics and video of the arrests, click on the latest Patriot Picket website blogpost here:
patriotpicket.org
(This blogpost also contains a link to the YouTube livestream of the oral argument.)
Our case “Clayton Hulbert v. Pope” is currently scheduled to be the second of three cases argued, but the order of the cases is subject to change.
Click here at 9 AM to listen to the YouTube live-streaming (audio only) of this argument session:
To read a brief summary of the lawsuit, and to view historical pics and video of the arrests, click on the latest Patriot Picket website blogpost here:
HULBERT v. POPE Appellate Oral Argument Set: 9am 3 May 2023
Oral argument before a three-judge panel of the UNITED STATES COURT of APPEALS for the FOURTH CIRCUIT in our PATRIOT PICKET unlawful arrest civil rights lawsuit (“HULBERT v. POPE”) has been scheduled for the 9 a.m. argum...
patriotpicket.org
(This blogpost also contains a link to the YouTube livestream of the oral argument.)
Boondock Saint
Ultimate Member
Court is in session. Another case is being discussed now; Jeff's case is next.
Prayers up for all, i pray the Hulbert's find comfort today. May Jeff RIP knowing Deep Lurker has this.
I am listing to it and hope Jeff can get some peace from this..
- Dec 27, 2012
- 30,188
Godspeed to the Hulbert family.
Time now 0957. 5 minutes recess and then here we go we are next... LET'S GO!
Boondock Saint
Ultimate Member
We're live. Let's go!
this is why dumbing down of society benefits those powers that be. Easier to control
one judge does not know that moving to lawyers mall is an automatic ticket if they listed to Sgt Pope.
Well it seemed to me that it did not go well for us but I felt there was one judge who was clearly for the state in my view.
fabsroman
Ultimate Member
One judge has clearly sided with the state. Hardly any questions for the State's/Pope's attorney, but I was texting and doing research while listening so maybe I did not catch all of it. Did not seem to go well for our side.
- Dec 13, 2015
- 1,940
Having been there on that fateful night, and having listened to today's hearing twice, I cannot believe the lies promulgated by the state. What a complete shit show. One of the judges took more than 5 minutes of Cary's time to lecture on QI. That's not how a hearing is supposed to work.
fabsroman
Ultimate Member
Is there video of the altercation between Jeff and Pope? I thought it was public at one point. Maybe it was pulled on advice of counsel?
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