STOCKTON, Calif. (CN) - School district police Tasered and beat the hell out of an innocent man, giving him a heart attack, after getting a report that some other guy had a gun seven blocks away, the man claims in court.
Danny Nessen Jr. sued Stockton Unified School District and its police Officers Miguel Hinojosa, Thomas Giles, Brett Grawet and Mario Gates, in San Joaquin County Court.
Nessen says in the lawsuit that he was walking from his father's house to his grandfather's house on Oct. 4, 2012 when Sgt. Kimberly Pinto pulled alongside him in a police cruiser, pointed her gun at him and ordered him to the ground. This was because "defendants had received a call that a man with a gun was at the School for Adults some seven (7) blocks away," according to the complaint.
Sgt. Pinto died in an incident unrelated to this event and is therefore not a party to the lawsuit.
The defendant officers arrived soon after Pinto confronted Nessen, according to the complaint.
"Without making any attempt at identification or verifying that plaintiff was the man with a gun, defendants, some with their guns drawn, ordered plaintiff to put his face down into the grass and hands behind his back to be handcuffed," the complaint states.
Nessen says he obeyed the officers' orders, and that two of them got on top of him to handcuff him, he couldn't breathe and lifted up his face to get some air.
"Defendants then Tasered him numerous times," the complaint states. "During this struggle, plaintiff was struck in the head area ten to fifteen times by defendant Giles, who was sitting on him at the time. Plaintiff's head was pushed into the grass numerous times and his hair was pulled back. Additionally, plaintiff was struck by batons and the feet and fists of the defendants. Twice on the right arm, plaintiff was struck by defendant Hinojosa's baton. Eventually, plaintiff was handcuffed.
"Toward the end of this process, plaintiff vomited and then went into cardiac arrest. American Medical Response arrived and was able to resuscitate plaintiff. Plaintiff was transported to St. Joseph's Medical Center, where he spent two (2) days while on a breathing tube. After he was released from the hospital he was arrested by the defendants and spent sixty-six (66) days in jail before he was able to obtain his release by posting bail."
Nessen claims the officers had no reason to attack him, as he was unarmed and never posed a threat to them throughout the incident.
He claims the school district fails to properly train its police officers and has a policy of refusing to investigate its officers' actions, allowing them to file false police reports to get away with misconduct.
Jennifer Dodge, executive assistant to Stockton Unified School District's Superintendent Steve Lowder, said Lowder does not "make a habit of commenting on pending litigation." The school district's media spokesman was out of the office Thursday and today.
Nessen seeks compensatory and punitive damages for battery, false imprisonment and intentional and negligent infliction of emotional distress.
CHEHALIS – A 68-year-old Chehalis man has contacted an attorney after retrieving his dog from the city animal shelter and finding it had a broken jaw.
Bruce Beauregard is both steaming mad and broken hearted about his 6-year-old Dachshund-mix he called Rowdy.
Beauregard was alarmed when the police officer sent to collect his pet said the dog was aggressive so he “offered him his boot” and then horrified when he saw his dog sitting in the kennel with his head hanging down and his face smashed up. He said he was afraid to look closely, but when he rushed to his veterinarian, his fears were confirmed.
“The poor little guy, he couldn’t even lick me or lick my face,” he said.
The 16-pound dog was euthanized the same day.
Rowdy’s stay in the city’s temporary animal holding facility at the end of last month was unplanned. It began the evening of Aug. 23 when Beauregard was pulled over by a Chehalis police officer for weaving down South Market Boulevard and arrested for drunk driving.
According to the police report, the small dog in his truck was very aggressive when a second officer came to take the dog away.
Chief Schaffer points out the two officers got Beauregard out of the back of the patrol car and out of his handcuffs so he could assist in moving the dog. Beauregard said he helped them leash and muzzle Rowdy who was understandably upset.
“He was very protective of me, and didn’t like strangers handling me,” he said.
He said he warned them his pet wouldn’t like going to a kennel, wouldn’t be happy and wouldn’t eat.
Rowdy was taken to the city’s shelter off Kresky Avenue and after the officer finished getting breath samples and filling out paperwork, Beauregard was given his citation and then a ride to his home.
He tried to pick his dog up the following day, he said, but was told he had to wait until Monday morning.
Beauregard’s longtime buddy Scott Fanning who went with him described the same kind of puzzlement and apprehension when Officer Thompson addressed the men before opening the shelter door.
“He said, he was pretty aggressive when I was trying to get him. He was attacking me so I offered him my right boot,” Fanning said.
Once they got inside, they saw Rowdy with blood on his face, his jaw hanging and one tooth bent outward.
The officer was saying he thought the dog’s tooth was hurt and Beauregard was getting hot, asking who did it, who was taking care of his dog, Fanning said. Thompson replied he didn’t know, he said.
Fanning hustled his friend and the dog out the door and to the veterinary office, he said.
Two weeks later, Fanning said he still gets sick thinking about what transpired between a “big cop and a little dog”.
“I’m still crying, I can’t take it,” Fanning said. “He was one of my dog’s best friends.”
The gist: On December 4th 2011, StarTrek fans Terrance Huff and Jon Seaton are stopped illegally after a StarTrek Exhibition for suspected drug transportation in Collinsville, Illinois. Award winning filmmaker Terrance Huff does a breakdown of an illegal traffic stop and subsequent search involving a K9 Officer who has a questionable past. The dog search begins 9:50 and is followed by evidentiary video.
This one is REALLY worth the watch.
COLLINSVILLE, IL (KPLR)– The city of Collinsville and a police officer are slapped with a federal lawsuit after a traffic stop on Interstate 70.
The plaintiff’s say a Collinsville officer unlawfully searched their car. Their attorney says they have the dash camera video to proves it.
The lawsuit centers around two Ohio men visiting the Star Trek convention at the St. Louis Science Center in December.
On their way out of town the men were pulled over allegedly for swerving.
Their attorney says this video proves the officer violated his client’s constitutional rights.
Filmmaker Terrance Huff calls his edited dash cam video “Breakfast in Collinsville.”
Huff and a friend were pulled over on Interstate 70 last December.
Collinsville Police Officer Michael Reichert explains why Huff was stopped. “You were in a lane near a truck and then you went half way over the lane,” he stated.
Huff is handed a warning. He should have been free to go.
Officer Reichert then tells Huff a little marijuana isn’t a problem. But Reichert brings out his K-9 and takes him to the front of the car out of the camera view.
Huff’s attorney says Officer Reichert coached the K-9 to respond to a false positive. No drugs were found in the car.
The video has caught the attention of attorneys across the country. Mick Henderson isn’t working on this case, but defends similar clients in the St. Louis area.
He’ll be watching what happens in federal court.
Fox 2’s calls to the Collinsville police department were not returned.
Public Service Announcement & Traveler Warning for anyone driving through Southern Illinois: While testifying under oath, Officer Michael Reichert admits to planting drugs or drug scents on cars in hotel parking lots for K9 "training" without notifying the owners. He then lets unsuspecting motorists drive away with drug scents still on their vehicles. Drug sniffing K9s can detect drug odors for hours, if not days after being planted. See supporting links and documents below.
This one is absolutely disgusting, 6 cops beat a non-resisting man, then the k-9 unit felt like he needed a peice of the action.:
Castellani is now suing and the incident is supposedly under investigation by internal affairs and the Atlantic County Prosecutor, which we can imagine, will go nowhere.
See, that is the worst part to me. these things are going to happen. Police are only human, and we are all prone to that primal pack mentality that makes some of us go wild in situations where testosterone if flowing. But there should be a way to hold these ******* accountable, and actually be able to punish them. These actions are fully criminal and disgusting, yet likely the most punishment any of them will see will maybe be suspension without pay for a few days or something. They are supposed to work for us, but they all work for each other, and have each others back, even when they are fully in the wrong.
Look how these cops treat people for no damn reason other than he said hi to someone and then the cops act like complete tools.
quotes from the police in this video:
"i didnt ask you for consent"
"cause i just told you to, dont play"
"ill kick your *** too"
"you're under investigation right now"
"you'll be in violation if you keep running your mouth when i split your wig? open."
"he's a fuckign dirty ***"
"he's ******* crooked"
"how do you know we didnt get a call that someone wearing your clothes didn't rob somebody?" ::are you acusing me of robbery?:: "im not accusing you of anything? can you hear?! I said we could have got a call...that's why we stopped you"
"i'll grab you any way we got to"
"why dont you shut up"
"everyone thinks they're a ******* lawyer and they dont know jack ****"
"we should take that one in for his big ******* mouth" (discussing trying to arrest him for jaywalking because they couldnt find anything on him)
"you ******* smart ***"
"dont come to philly, stay in jersey"
"we dont want you here anyway"
"all you do is weaken the country by freeloading" (halirous)
"i stopped you cause of what your friend did" ::you told me to come back:: "well you should have just left"
Police in Tampa, Florida on Friday fired Sergeant Ray Fernandez over his role in a bogus arrest of a prominent lawyer for driving under the influence of alcohol (DUI). Tampa officers arrested C. Philip Campbell Jr on January 23, just two weeks into the high-profile defamation trial between prominent radio show hosts Bubba the Love Sponge and Todd MJ Schnitt. Campbell represented Schnitt, and rival attorney Adam Filthaut represented Bubba the Love Sponge.
Filthaut was a good friend of Sergeant Fernandez and godfather of one of his children. On January 23, Filthaut called Sergeant Fernandez and soon thereafter the DUI unit supervisor began a stakeout of Malio's Prime Steakhouse, where Campbell regularly eats. As it is just two blocks away from his condo and near his work, Campbell walks. An investigation by the state attorney's office concluded that Campbell had been set up for this DUI arrest by police colluding with the rival law firm...
That means that Olejnik and Duran could still be held in criminal contempt of court and be sent back to prison. And according the the Free Press, a fellow grand jury resister known as Steve is still being harassed and threatened by law enforcement for refusing to participate:
In the past week, Steve has been experiencing multiple instances of police harassment; harassment to the degree he has not experienced before. About two weeks ago at one in the morning, while walking to the corner store, Steve was approached by two local police officers who screamed his name and threw him against their car and into the backseat.
The Press continues:
The cops went as far as to [say] they would beat him and leave him out where no one could find him. Eventually the police stopped the car in an industrial park on the outskirts of the city. They then removed Steve from the car and stole his cellphone, jacket, shoes, and emptied his wallet of personal items and money. The cops then left him there. Thankfully, Steve was able to contact friends who later came and took him back home.
As his teenage daughter lay dying from a self-inflicted gunshot wound, a Joplin, Mo., man and his son were pepper sprayed by local police and taken to jail, where they were handcuffed to a bench for being upset.
When emergency personnel arrived on the scene, the understandably upset family hoped that there was some chance Brooke’s life would be saved, but the teen’s condition and the entire situation rapidly took a turn for the worse.
“To me, time was everything. I was going, ‘Let’s go, get her to the hospital, hurry up, hurry up,’” Kevin Russell told KSPR.
The father said that things then became much worse.
The first responder turned away from Brooke to her father to ask what had happened. That’s when, as her father looked on in disbelief, the teen’s body rolled off the gurney on which she had been placed.
Next, the family alleges, some badged, pepper spray-wielding thugs saw the need to intervene.
“I started screaming and said, ‘Do your f-ing job, get her to the hospital,’ and the EMT put his finger in my face and said, ‘Calm down, sir.’ I was screaming, ‘Please get her to the hospital.’ And right about that time a police officer ran up on the sidewalk and I saw Brant go down.”
The father and son were quickly pepper sprayed by police and arrested.
“I was on the pavement, I couldn’t breathe and another officer put a knee in my back and told me to get up and he said if I didn’t get up he was going to Tase me,” Brant Russell said of the takedown.
As their loved one perished, the men — charged with assault, disturbing the peace and obstruction — spent the next three hours handcuffed to a bench in the city’s jail.
Brooke is dead; her family members can’t change that. But they desperately would like to have their names cleared. Unfortunately, there is evidently no room for compassion in this case...
PHILADELPHIA, PA — A family was disturbed by a midnight visit from police, looking for a crime suspect who didn’t live there. As officers searched the home, with three young children present, they fired a gun at a dog that had the nerve to bark at them.
Around 12:30 a.m. on September 30, Bienvenido Gutierrez and his fiancée, Nina Castro, heard sounds coming from the back of their home in the Germantown neighborhood of Philadelphia. Then came an unexpected knock on the front door. It was a half-dozen police officers from the First Judicial Warrant Unit. They had a warrant for the arrest of Bienvenido’s brother, Joshua Gutierrez.
Bienvenido explained to police that his brother had moved out 6 years ago, and was not present in the home. The officers would hear nothing of it, and proceeded to comb the house with guns drawn — even to the bedroom where his three young children were sleeping; ages 7, 2, and 10 months.
A dog sleeping in the children’s bedroom name Suzzie barked at the warrant officers when they intruded upon its protective territory. This was enough for one trigger-happy cop to fire at it in front of the children. The bullet did not strike the dog, or anyone else, but left an impact on the family.
“Their whole demeanor was that they were gonna shoot to kill,” said Bienvenido Gutierrez to NBC10. “They wanted to shoot something.”
SAN DIEGO — A woman who said she was sexually assaulted by former San Diego Police Officer Anthony Arevalos more than three years ago settled a lawsuit against the city on Friday for $795,000.
The settlement was announced in a brief hearing in federal court in San Diego. A lawyer for the city said that the City Council has already approved settling the case for that amount.
The $795,000 is the largest payment the city has made in the flurry of a dozen lawsuits filed by women who said they were harassed or assaulted by Arevalos, a former traffic officer with the department. He was convicted of sexual battery and other charges and in February 2012 was sentenced to almost nine years in state prison.
As many as 263 youth may have been sexually abused by former Saint John police officer Kenneth Estabrooks, during a three-decade period dating back to the 1950s, a private investigator announced on Monday.
It could be one of the worst cases of sexual abuse in Canadian history, according to a Halifax lawyer.
"If what we're learning today is true, Estabrooks is now probably the most prolific serial sexual abuser in Canadian history," said John McKiggan, who is on the verge of filing a class action lawsuit on behalf of Estabrook's victims.
"One just has to wonder how that could have gone on for so long," he said.
Private investigator Dave Perry, whose Toronto-based firm Investigative Solutions Network Inc. was hired by the City of Saint John to look into complaints about the late Estabrooks, said the former officer was an abuser of devastating proportion, affecting generations.
TROY, Ohio — A former Troy police officer has been indicted for felony theft in office for allegedly using a DARE program credit card for personal benefit of more than $13,000.
Kirt E. Wright, 41, of Troy was indicted on the third-degree felony charge by a Miami County grand jury. He was served with a summons to appear in Common Pleas Court for arraignment Oct. 7, according to court documents.
Wright resigned from the police department July 23. County Prosecutor Tony Kendell said Wright is accused of misusing a credit card issued only for the purposes of the schools DARE program. The card was funded with money donated to the program, he said. The charge alleges the thefts occurred between January 2008 and May 30.
Wright worked for the county sheriff’s department from September 1991 through August 1999, when he joined the Troy Police Department. He was assigned a School Resource Officer in 2008.
These people should have know better, cops only enter your home under unlegitamate circumstances:
HOOVER, Alabama - In a lawsuit filed last week, a Hoover woman claims that police waited more than an hour and a half to enter the home where an armed intruder was attacking her 39-year-old daughter.
On Sept. 19, Virginia P. Jamison filed a wrongful death lawsuit against the city in the March death of her daughter, Kimberly Jamison Ozburn. They shared a home at 2305 Queensview Road in Hoover.
The lawsuit lays out this account of the March 19 attack:
Armed with a gun and a knife, Jimmy Lee Frizzell, 55, forced his way into the home at 9:25 p.m. Ozburn called 911 to report the attack.
Moments later, Frizzell put the gun to Ozburn's head and fired two shots, but the weapon misfired. Ozburn and her mother retreated to a bedroom, pursued by Frizzell who subdued Ozburn and sat atop her with a knife pointed at her chest.
Jamison escaped the room and called 911 at 9:28 p.m.
At 9:30 p.m., Hoover officers arrived at the scene, and Jamison immediately explained what had happened and told them where Ozburn and Frizzell were.
"(Jamison) pleaded with the officers on scene to immediately enter the residence, but they refused," the filing says.
Officers called the house phone and Ozburn's cell phone several times between 9:38 and 10:52 p.m., but the calls went unanswered.
At one point, officers tried to open the locked front door, despite Jamison's insistence that they should go through the unlocked side door.
Police entered the home at 11:15 p.m., and Ozburn and Frizzell were pronounced dead minutes later.
A Hoover police spokesman declined to comment on the pending litigation. Attempts to reach the city attorney for comment were unsuccessful...
The moment cops 'demeaned' woman at traffic stop by ordering her to shake out her bra twice Zoe Brugger was pulled over for a broken headlight, when the officer suspected there were drugs in the vehicle Officer Dustin Fetz asked Brugger to twice shake out her bra to see if she was hiding anything Brugger filed a complaint and sent a letter to the State Attorney's Office The State Attorney has investigated the issue and the Lakeland Police Department is starting their own investigation
Zoe Brugger was driving home after picking up her boyfriend from work, when a routine traffic stop turned particularly uncomfortable.
Brugger's headlight was out, which prompted the stop by Lakeland, Florida police officer Dustin Fetz.
Fetz believed that the two were hiding drugs in the car, so he asked Brugger to exit the vehicle. Outside of the car, he asked her to lift up her shirt and shake out her bra - not once, but twice - in order to see if she was concealing anything. The request didn't reveal any drugs, and a subsequent search of the vehicle didn't produce anything either.