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Resistance
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Title: Why People don't file complaints against police for civil rights violations
Source: .
URL Source: http://libertyfight.com/2013/why_pe ... mplain_about_police_abuse.html
Published: Jul 28, 2013
Author: .
Post Date: 2013-07-28 13:11:24 by Artisan
Keywords: None
Views: 11386
Comments: 6

Why People don't file complaints against police civil rights violations
People just don't have the time or wherewithal to file complaints against police
By Martin Hill
LibertyFight.com
DontWakeMeUp.org
July 28, 2013

"The evils of tyranny are rarely seen but by him who resists it." -John Hay (1872)

Since starting my website DontWakeMeUp.org in April 2013 I have received a lot of letters from fellow commercial drivers who have been illegally woken up and don't know what to do about it.

They were angry enough to do an internet search, but other than that, aren't sure what they can do.

It can indeed seem like a daunting, confusing, and burdensome task to file an official complaint against a cop. That is why most people in America don't take any official action when their rights are violated. People are busy and burdened with the obligations of everyday life and providing for their families, so they most often just gripe about it and 'let it slide.'

I fully understand all this, which is why I make it a specific goal to encourage everyone to take action when their rights are violated.

The following is an example of one such letter I received about Wyoming DOT waking up a driver named Paul. They demanded ID from this vehicle passenger even though there was no probable cause whatsoever. Paul wasn't sure how to file a complaint and neither one of us could find a complaint form. (Why do you think police make it so complicated and difficult to file a grievance with their agencies? It's not by accident. ) So I did some research and by that time some time had passed. I asked him if he had made any progress and Paul replied:

Subject: Re: Wyoming DOT
"No. I don't know how to proceed and haven't had any time to try to find out. The company says "why would it be illegal?". I guess next time we'll bring it to a head right on the spot by refusing to wake up the co-driver."
So, understandably, this hard-working family man, Paul, didn't have time to deal with it. And so it goes unaddressed. See, this is EXACTLY what allows the criminals to continue their tyrannical mode of operation.

Below is my response to Paul. But first, an explanation of the broader point. This is why I encourage people for example to always plead not guilty to traffic tickets and invoke their due-process rights instead of just handing over their hard-earned money. The rate of people who 'bother' to plead not guilty to traffic revenue tickets is extremely low, although it is increasing because of the terrible economy. People are finally pleading not guilty out of economic necessity.

On my filming cops archive page, I explain that the first complaint I ever filed against a police officer was in July 2008. This occurred after I saw police violently push down what appeared to be a little kid in West Covina, CA. I was shocked to have witnessed such a thing and started filming the scene. A cop in a suit who refused to identify himself saw me filming and came over to my car window and tried to discourage filming. I then filmed him, and filed an official complaint aginst him. The text of that complaint, along with the video and photos of the original incident can be found here. The internal affairs department then asked me to come down to the police station for an interview on September 15, 2008. I agreed, but I brought my own video camera and filmed the whole thing. I walked into the police station with camera rolling and didn't turn it off. After all, the whole case was about our right to film cops. So if they had objected to me recording the interview, then there wasn't going to be an interview, since I have no obligation to talk to anyone. That entire video and transcript can be found here: Police Internal Affairs Investigators Confirm that Filming Cops in Public is 100% Legal (All the videos are also at the bottom of this page.)

When Ronald Reagan's stepson Michael Reagan threatened to murder 9/11 truth activist Mark Dice on air in 2008, people were up in arms about it and wanted something done. So I pointed out that a proper complaint must be filed with the FCC. Griping about something or even calling the FCC on the phone to complain does not constitute an official complaint. [See Prisonplanet.com, How to properly file an official FCC complaint against Michael Reagan for death threats against Mark Dice, June 2008. Here is our full coverage of that fiasco.] This is what I mean when I say that an official complaint process is imperative. A complaint against a police officer, if it's properly done, will generally stay on their record for five years. I believe that regardless of the outcome of the complaint, this serves as a deterrent against that officer to continue the behavior. Because if the officer ever has future allegations brought out against him or if a lawsuit is filed, the litigant will then have the opportunity to have a complete record of all complaints filed against the cop.

The U.S. Department of Justice also takes complaints about police misconduct and rights violations, although it's important to note that filing a complaint with the DOJ is not a substitute for a local complaint with the local police agency. The DOJ pointd out that you may or may not receive a response from them. Also, filing a complaint with the DOJ is not a substitute for a monetary claim or a civil rights lawsuit, which is always an option if you act within the statute of limitations. The US DOJ webpage states, in part:

Addressing Police Misconduct Laws Enforced by the Department of Justice
http://www.justice.gov/crt/about/spl/documents/polmis.php
Federal Criminal Enforcement
It is a crime for one or more persons acting under color of law willfully to deprive or conspire to deprive another person of any right protected by the Constitution or laws of the United States. (18 U.S.C. �� 241, 242). "Color of law" simply means that the person doing the act is using power given to him or her by a governmental agency (local, State, or Federal). A law enforcement officer acts "under color of law" even if he or she is exceeding his or her rightful power. The types of law enforcement misconduct covered by these laws include excessive force, sexual assault, intentional false arrests, or the intentional fabrication of evidence resulting in a loss of liberty to another...

..."Police Misconduct Provision"
This law makes it unlawful for State or local law enforcement officers to engage in a pattern or practice of conduct that deprives persons of rights protected by the Constitution or laws of the United States. (42 U.S.C. � 14141). The types of conduct covered by this law can include, among other things, excessive force, discriminatory harassment, false arrests, coercive sexual conduct, and unlawful stops, searches or arrests..."

One option for people is to file a monetary claim or civil rights lawsuit. Consult an attorney if you have questions. Here are some links about federal civil rights suits:

Here is my response to Paul, who was angry after being illegally woken up by Wyoming DOT, who demanded to see his ID:

Paul, I believe it is very important for us to hold these people responsible when they wake us up and break their own rules.

I don't care what your company says. They, like many companies are ball-less gutless wonders who worship cops and are afraid of cops. I do not worship corrupt power-starved cops. Cops are PUBLIC SERVANTS who have no more right to wake us up than they would to go pound on the bedroom window of your gutless boss, or his wife, or his mommy, at 2am and demand ID from them. That is insane and totally illegal. As you know in my federal civil rights lawsuit, a state police agency already admitted in writing that "The passenger is under no obligation to comply with request" for ID. This would apply to TX, WY, or any state. Period. We have the 4th Amendment as well as many US Supreme court cases that decided the issue of compulsory ID decades ago, most notably BROWN V. TEXAS. Further Info on all this is at my site dontwakemeup.org. This is very very clear. No corporation is going to defend you. You must vindicate yourself just like I did. I'm not asking you to file a lawsuit like I did. Just file a damn complaint for goodness sakes. I am on your side! This will help hold the trooper accountable.

Just give a factual account of what occurred. time, dates, names if you have them, etc.

I am not certain whether the person who woke you up was WY DOT or WY Highway Patrol. But here is their contact information. Neither agency provides an easy-to-find complaint form. but if you call or write them to inform them that you want to make a complaint, they are obligated to provide it for you, via postal mail or if you request, e-mail.

WY DOT contact page is here http://www.dot.state.wy.us/ContactWYDOT/

The Wyoming highway patrol http://www.whp.dot.state.wy.us/home.html gives the same contact page: http://www.dot.state.wy.us/ContactWYDOT/?id=43

Wyoming Department of Transportation
5300 Bishop Blvd.
Cheyenne, WY 82009
307-777-4375

In addition they do have a civil rights staff contact page.

In addition I have compiled some info that may be helpful to state your case.

WY roadside memorials for folks killed on roads http://www.dot.state.wy.us/home/news_info/roadside_memorials.default.html

WY accident attorney with info on fatigued commercial drivers: http://www.wyoming-injury-accident-attorney.com/truck-accident.html

AMERICAN SAFETY COUNCIL, http://www.safemotorist.com/Wyoming/Driving/drowsy_driving.aspx


Drowsy Driving
In 2004, 54 people died in 49 fatigue-related accidents in Colorado, according to the National Highway Traffic Safety Administration. That represents 8 percent of the 594 fatal crashes in Colorado in 2004 - more than double the national average of 3 percent. Colorado, along with Texas and Maine, had the sixth-highest percentage of fatal drowsy driving accidents in the country. Wyoming led the nation with 13 percent.


Questions? Call Us: 1-800-732-4135

DID YOU SEE THAT PAUL? ACCORDING TO THE AMERICAN SAFETY COUNCIL, Wyoming led the nation with 13 percent OF FATIGUE RELATED DEATHS! So do you think that the WY DOT is going to be able to JUSTIFY waking up sleeping commercial drivers who are complying with federal rules? No way. No way.

MORE:

WY DOT INSISTS IN THEIR OFFICIAL PUBLICATION:


http://www.wymc.net/docs/DriverLicenseRulesoftheRoad.pdf
"Drowsiness is one of the greatest dangers in driving."

The following is priceless data, from FMCSA itself in a commercial sleep study. These are excerpts:


http://www.fmcsa.dot.gov/facts-research/research-technology/publications/cmvfatiguestudy.htm
Quantity and Quality of Sleep Obtained
The requirements of the study may have contributed somewhat to driver sleep deprivation, but the overall effect appears to be due to a combination of insufficient opportunity for sleep, and the failure of drivers to place a high enough priority on obtaining sufficient sleep.

Implications for Educational Approaches
Two major project findings relevant to driver education were the generally inadequate amounts of sleep obtained by the driver subjects and the strong tendency for drowsiness to be most associated with nighttime circadian effects. Drivers need to be educated about how to obtain more sleep, especially if they will drive at night. Further, study findings showed that drivers were generally poor judges of their own levels of fatigue/alertness. This finding indicates a need to train drivers to better assess their current levels of fatigue while driving, perhaps by learning to become more conscious of changes in their physical state and subtle changes in their driving performance.

ASSESSMENT OF RESULTS FOR FATIGUE MANAGEMENT
There is no quick fix and no single solution to the fatigue problem. Sleep is the principal countermeasure to fatigue. All drivers need to ensure that they obtain adequate sleep. Drivers must also be afforded the opportunity to obtain adequate sleep.

ALSO:

This PDF from WY DOT outlines a case of a complaint that was officially investigated. The complaintant was said to have simply written a "letter" to the agency, thus apparently proving that "a letter received" is sufficient to file an official complaint.

http://www.dot.state.wy.us/files/live/sites/wydot/files/shared/Management_Services/January%2021,%202010.pdf

"Letter from Mr. Grigoriy Gasan: Colonel Powell briefed the Commission about the sequence of events leading to a letter that was recently received from Mr. Grigoriy Gasan. Mr. Gasan's father, Visiliy Gasan, was cited, as a truck driver who is not able to speak and read English, while he was stopped at the I-80 Port of Entry for a commercial vehicle inspection on November 14, 2009. Mr. Gasan filed a complaint against the port-of-entry inspector for the manner in which the inspection was performed and for calling an ambulance after Mr. Gasan began showing symptoms of a potential health issue. Colonel Powell distributed a copy of the reading and comprehension test that was given to Mr. Gasan. The complaint was investigated, and it was deemed that the incident was appropriately handled. A copy of the Highway Patrol's response letter was provided to the Commission for their information.

January 21, 2010/Page 15 of 18
Federal Motor Carrier Regulations dictate that commercial carrier drivers must . . . read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records. Colonel Powell advised that it is very common for port-of-entry inspectors to encounter drivers who cannot speak English or pass a reading and comprehension test. As was the case with about 200 other commercial carrier drivers in 2008, Mr. Gason did not meet this requirement and, therefore, was put out of service.

https://www.dot.state.wy.us/home/trucking_commercial_vehicles.default.html
Trucking/Commercial Vehicles


Trucks are a common sight on Wyoming roads, particularly on Interstate 80, one of the nation's busiest highway routes for moving freight coast to coast. Commercial vehicles wrack up millions of miles daily across Wyoming, providing an important service to residents and not residents alike, and sustaining considerable employment and economic activity

To share this article on facebook, please use this link: http://whatreallyhappened.com/node/258020

See also:
Cop at Suspicionless Checkpoint Starts Barking Orders, But Then Flees From Camera 4/17/13
http://lewrockwell.com/orig14/hill-m1.1.1.html

Motorist puts police in their place at suspicionless internal checkpoint 12/2/12

http://www.prisonplanet.com/motorist-puts-police-in-their-place-at-suspicionless-internal-checkpoint.html

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Begin Trace Mode for Comment # 3.

#3. To: Artisan (#0)

Why People don't file complaints against police civil rights violations People just don't have the time or wherewithal to file complaints against police

"Hello. Welcome to the Service Department for Patriots of America's Constitution and Republic Online. How can we help you?"

"Good morning. I was hoping you might have a Legal Aid Office available that I could contact for some advice and representation?"

"Fortunately for all of us, the proprietor of LibertyFight.com has recently opened a National Legal Aid service there for the Patriots of our Republic."

The American Revolution Dream continues...

GreyLmist  posted on  2013-07-29   4:59:38 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 3.

#4. To: GreyLmist (#3)

filing a complaint doesnt even require legal help, one just needs the desire to do it. ( & the desire for justice). its truly easy. People just need encouragement to follow through.

Artisan  posted on  2013-07-30 14:12:45 ET  Reply   Untrace   Trace   Private Reply  


#5. To: GreyLmist (#3)

ill give you a great example. remember the guy who called Bush sr a F@%$ at a pizza place? he's a friend of mine & prior to that we'd thoroughly gone over our right to film cops. So when the secret service came to his door he was sure to keep rolling.

Artisan  posted on  2013-07-30 14:17:03 ET  Reply   Untrace   Trace   Private Reply  


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