CONSTITUTIONAL

RIGHTS
HANDBOOK
Published by:
The Secretary O De!art"e#t Aairs$
%l&rida U'S'A'
Revision: 1359560948 Page 1 of 20
TABLE OF CONTENTS:
SEE THE WEBSITE:
FIREACOP.com
For further information referred to in this document, complaint forms,
and an online complaint-filing sstem!
I) Constitutional Law. Page: 3
II) Police Misconduct. Page: 3
III) Suing Police Officers, Judges, Court Clerks,
and Other o!ern"ent #"$lo%ees and Contractors. Page: &
I') (aking (he Law (o Court. Page: )
') *unda"ental +ights. Page: ,,
'I) Police -uthorit%. Page: ,&
'II) .hat /ind of -ssistance is -!aila0le. Page: ,1
'III) 2ow 3ou Can Partici$ate. Page: ,1
I4) +easons (o *ile - Co"$laint. Page: ,)
4) Case Law. Page: ,5
4I) 6oing Legal +esearch. Page: 78
4II) Internet Legal +esources. Page: 78
"# $!S!C! % &'"! Conspirac against rights
If two or "ore $ersons cons$ire to in9ure, o$$ress, threaten, or inti"idate an% $erson in an% State, (erritor%, Co""onwealth, Possession,
or 6istrict in the free e:ercise or en9o%"ent of an% right or $ri!ilege secured to hi" 0% the Constitution or laws of the ;nited States, or
0ecause of his ha!ing so e:ercised the sa"e< or
If two or more persons go in disguise on the highwa! or on the premises of another! with intent to prevent or hinder his free e"er#ise or en$oment of
an right or privi%ege so se#ured&
'he sha%% (e fined under this tit%e or imprisoned not more than ten ears! or (oth) and if death resu%ts from the a#ts #ommitted in vio%ation of this
se#tion or if su#h a#ts in#%ude *idnapping or an attempt to *idnap! aggravated se"ua% a(use or an attempt to #ommit aggravated se"ua% a(use! or an
attempt to *i%%! the sha%% (e fined under this tit%e or imprisoned for an term of ears or for %ife! or (oth! or ma (e senten#ed to death+
"# $!S!C! % &'&! (epri)ation of rights under color of la*
.hoe!er, under color of an% law, statute, ordinance, regulation, or custo", willfull% su09ects an% $erson in an% State, (erritor%,
Co""onwealth, Possession, or 6istrict to the de$ri!ation of an% rights, $ri!ileges, or i""unities secured or $rotected 0% the Constitution
or laws of the ;nited States, or to different $unish"ents, $ains, or $enalties, on account of such $erson 0eing an alien, or 0% reason of his
color, or race, than are $rescri0ed for the $unish"ent of citi=ens, shall 0e fined under this title or i"$risoned not "ore than one %ear, or
0oth< and if 0odil% in9ur% results fro" the acts co""itted in !iolation of this section or if such acts include the use, atte"$ted use, or
threatened use of a dangerous wea$on, e:$losi!es, or fire, shall 0e fined under this title or i"$risoned not "ore than ten %ears, or 0oth<
and if death results fro" the acts co""itted in !iolation of this section or if such acts include kidna$$ing or an atte"$t to kidna$,
aggra!ated se:ual a0use, or an atte"$t to co""it aggra!ated se:ual a0use, or an atte"$t to kill, shall 0e fined under this title, or
i"$risoned for an% ter" of %ears or for life, or 0oth, or "a% 0e sentenced to death.
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+O$ (ON,T -A.E TO /$T $/ 01T- T-1S B$LLS-1T AT ALL, AN( /E2-A/S T-E
S1C3EST T-1N4 ABO$T 1T, 1S T-AT +O$ NE.E2 (1( -A.E TO5
16 Constitutional La*:
-s %ou sit in the lo00% of %our local "unici$al or $ett% court, if %ou are offended 0% the fact
that %ou are there to su0sidi=e the e:istence of a class of otherwise une"$lo%a0le, horrific
$eo$le with no concern for %our e:istence, 0asicall% la=% worthless thie!es, the !arious
o$erators, the clerks 0ehind the 0ullet$roof glass, >wh% 0ullet$roof glass an%wa%, should a
legiti"atel% acting go!ern"ent officer need to $rotect the"sel!es against attack 0% the
$u0lic for carr%ing out their official duties?) (he $olice, 9udges, and !arious o$erators at the
$eri$her%. (r% to gain so"e insight into their $ersonalities. .hat kind of $eo$le would carr%
out and engage in such conduct toward their fellow Citi=en?
.ould %ou?
If the answer is no, then the law is on %our side. More i"$ortant, it is the Supreme La* of
this land. (he Constitutional La*. Constitutional Law "eans:
,) (he Constitution of the ;nited States of -"erica,
7) (he Constitutions of each of the Se!eral States, >#ach ;S State has its own Constitution,
0eing So!ereign entities the"sel!es, se$arate and in addition to their inclusion in the
*ederal ;nion).
3) (he inter$retation of those Constitutions as $assed in to law 0% Legislati!e 0odies like the
;S Congress, or State Legislature.
@) (he inter$retation of the State and *ederal Constitution as challenged or otherwise
9udged in court.
A) Constitutional Princi$les as enforced 0% !arious agencies,
&) (he Law acceded to as custo" 0% the Peo$le,
(hat ha!e e:isted for "ore than two hundred %ears in this Countr%, and as under the Crown
0ack to and including the Magna Carta. >-l"ost &88 3ears). (o si"$l% sa% that B(he
ConstitutionC $rotects %our Li0ert% is not enough. (he Constitutional La* of this nation
$rotects %our Li0ert%. (hatDs +ight. Li0ert%, ItDs not 9ust a good Idea, 1T,S T-E LA05
3our Li0ert% is so strongl% $rotected, that *ederal Law $ro!ides that those who de$ri!e
others of their Constitutional +ights "a% 0e $ut to death, incarcerated for life, or $eriods of
u$ to ,8 %ears for nonEca$ital !iolations, or face ci!il $enalties, for non cri"inal offenses.
(he s$ecific laws that $rotect %ou this wa% are: (itle ,), Sections 7@,E7@A of the ;nited
States Code, >usuall% a00re!iated as ,) ;.S.C FF 7@,E7@A), and (itle @7, Section ,5)3 of
the ;.S. Code. >@7 ;.S.C. F ,5)3). Massi!e a"ounts of Ci!il +ights Law can 0e found on
the Internet si"$l% 0% searching for these statutes.
116 /olice 7isconduct!
Police "isconduct is an% conduct that 3O; consider G"is.G 3O; dictate #'#+3 as$ect of
their 0eha!ior to the". Period. >See *+S @@1.785). If %ou consider their conduct as G"isG
then it is "isconduct. (he 6e$art"ent Of Justice 2as $u0lished a $a$er on Police
Revision: 1359560948 Page 3 of 20
Misconduct located here:
http:88***!9ustice!go)8crt8cor8/u:s8polmis!t;t
(he% encourage re$roduction of that docu"ent. It is re$roduced on FireACop!com. In
addition the we0site has $reE$rinted for"s %ou can download, instructions on how to file
!arious co"$laints, and, we offer ser!ices for to assist $ersons interested in filing
ad"inistrati!e or 9udicial co"$laints against $olice officers or an% officer for $rofit. -ll the
further "aterial necessar% for a $erson to 0ring lawsuits and co"$laints against an% state
official is on the we0site. Please take ad!antage of $reE$rinted for"s, and our co"$laint
data0ase. Likewise, the statutes and Constitutional law "entioned here will 0e $u0lished
there so that %ou can read it directl%.
Jail inmate was citizen within meaning of provision of this section making it felony to conspire to interfere with
citizen in free exercise or enjoyment of any constitutional or federal right despite fact that he was a convicted
felon. U. S. v. King, C.A.5 (Ga.) 1979, 587 F.2d 209
An office is a public employment, and in the performance of its functions the citizen selected to represent the
sovereign is in the exercise of both a private right or privilege and public duty, and a conspiracy to hinder, oppress,
and injure him in the discharge of such functions cannot be regarded as directed solely against the official in his
representative character, but must be considered as also against the citizen exercising or enjoying the right or
privilege of accepting public employment and engaging in the administration of its functions. U.S. v. Patrick,
C.C.M.D.Tenn.1893, 54 F. 338.
It is not necessary to find that the conspiracy charged was formed against a particular individual, but it is sufficient
if it appear that he was included in a class actually conspired against. U.S. v. Butler, C.C.S.C.1877, 25 F.Cas. 213
This section prohibiting conspiracy to injure, oppress, threaten or intimidate any citizen in free exercise or
enjoyment of any right or privilege secured to him by Constitution or laws of United States extends to conspiracies
with respect to rights and privileges protected by Fourteenth Amendment and extends to conspiracies, otherwise in
scope of this section, participated in by officials alone or in collaboration with private persons. U. S. v. Price,
U.S.Miss.1966, 86 S.Ct. 1152, 383 U.S. 787, 16 L.Ed.2d 267.
The mere acquiescence or silence or failure of an officer to perform a duty does not make him a participant in a
conspiracy, unless he acts or fails to act with knowledge of purpose of conspiracy and with view of protecting and
aiding it. Luteran v. U.S., C.C.A.8 (Mo.) 1937, 93 F.2d 395
The fact that members of a conspiracy to offer violence to prisoners under arrest are in charge of them as deputy
marshals or guard does not lessen their guilt. U.S. v. Logan, C.C.N.D.Tex.1891, 45 F. 872
Statute prohibiting conspiracy to interfere with right secured by Constitution or laws of United States creates no
substantive rights, but prohibits interference with rights established by Constitution or laws and by decisions
interpreting them. U.S. v. Kozminski, U.S.Mich.1988, 108 S.Ct. 2751, 487 U.S. 931, 101 L.Ed.2d 788
This section prohibiting conspiracy to injure, oppress, threaten or intimidate any person in free exercise or
enjoyment of any right or privilege secured to him by Constitution or laws of United States embraces all of rights
and privileges secured to citizens by all of Constitution and all of laws of United States and was not intended to be
confined to rights that are conferred by or flow from federal government as distinguished from those secured or
confirmed or guaranteed by Constitution. U. S. v. Price, U.S.Miss.1966, 86 S.Ct. 1152, 383 U.S. 787, 16 L.Ed.2d
267
Arrestees or detainees enjoyed constitutional right to be protected against assaults perpetrated by arresting or
detaining officers that was sufficiently definite under decisions or other rules of law to support civil rights
prosecution of housing authority officers. U.S. v. Reese, C.A.9 (Cal.) 1993, 2 F.3d 87
Statute prohibiting conspiracy to injure, oppress, threaten or intimidate any inhabitant of a state in free exercise or
enjoyment of right or privilege secured under Constitution or laws of United States applied to alleged Fourteenth
Amendment violations by city transit police officers. U.S. v. McDermott, C.A.2 (N.Y.) 1990, 918 F.2d 319
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Sweep of this section is not confined to rights expressly defined in the Constitution, but includes those rights
judicially determined to be fundamental and embraced by implication within the equal protection clause of
Amendment XIV, U.S. Constitution. U. S. v. Anderson, C.A.4 (W.Va.) 1973, 481 F.2d 685
A willful effort to deprive a Citizen accused of crime of his constitutional right to a trial, or to intimidate him in its
exercise, if mounted under color of state law, violates section 242 of this title; a conspiracy to effect such ends,
whether directed against citizens or mere inhabitants of the United States, is likewise punishable. U. S. v. O'Dell,
C.A.6 (Tenn.) 1972, 462 F.2d 224
The right of a citizen of the United States, in the custody of a United States marshal under a lawful commitment,
to answer for an offense against the United States, to be protected against lawless violence, was a right secured to
him by the constitution or laws of the United States, within the meaning of former 51 of this title [now this
section]. Logan v. U.S., U.S.Tex.1892, 12 S.Ct. 617
If predominant purpose of conspiracy is to impede or prevent exercise of right of interstate travel, or to oppress
person because of his exercise of that right, then whether or not motivated by racial discrimination conspiracy
becomes proper object of this section, pertaining to conspiracy against rights of citizens. U. S. v. Guest,
U.S.Ga.1966, 86 S.Ct. 1170
Specific intent required to violate this section is purpose of conspirators to commit acts which deprive citizen of
interests in fact protected by clearly defined constitutional rights; if that purpose is present, there is no good faith
defense because of lack of awareness of conspirators at time they commit proscribed acts that they are violating
constitutional rights. U. S. v. Ehrlichman, C.A.D.C.1976,
Police officer's unlawful stopping and detaining of female drivers on deserted stretch of highway, in early morning
hours, amounted to constitutionally significant conduct within statute imposing criminal sanctions for violations
of civil rights. U.S. v. Langer, C.A.2 (N.Y.)
The right to be secure in one's person and to be immune from illegal arrest and battery, and the right not to be
deprived of life or liberty without due process of law, and to enjoy equal protection of the laws, are rights secured
or protected by the Constitution within former 52 of this title punishing deprivation thereof because of color,
etc. Screws v. U. S., C.C.A.5 (Ga.) 1944
Suspected criminality or accomplished incarceration furnish no license for destruction of guaranteed constitutional
rights. Miller v. U. S., C.A.5 (La.) 1968
Criminal liability for violation of civil rights may be predicated upon mere failure to act to protect arrestee or
detainee from harm at hands of other law enforcement officers. U.S. v. Reese, C.A.9 (Cal.) 1993
This section which imposes criminal sanctions on whoever, under color of any law, statute, ordinance, regulation,
or custom, deprives any inhabitant of his or her civil rights applies to action of federal officer taken under color
of federal law. U. S. v. Otherson, C.A.9 (Cal.) 1980
County corrections supervisor's conviction for being accessory after the fact to conspiracy to deprive inmate of his
right to be free from cruel and unusual punishment and for substantive crime of depriving inmate of his right to be
free from cruel and unusual punishment was collaterally estopped from disputing his 1983 liability for
conspiracy to violate inmate's Eighth Amendment rights. Pizzuto v. County of Nassau, E.D.N.Y.2003, 239
F.Supp.2d 301.
This section was enacted pursuant to Amendment XIV of the U.S. Constitution, and relates to deprivations by
state, acting through state officials, and not to acts of private individuals, but it does not follow that private
individuals cannot be guilty as principals if they aid and abet state officers in such violations. U. S. v. Lynch,
N.D.Ga.1950, 94 F.Supp. 1011.
State judge may be found criminally liable for violation of civil rights even though the judge may be immune from
damages under section 1983 of Title 42. Dennis v. Sparks, U.S.Tex.1980, 101 S.Ct. 183.
Proof that defendant actually knew that it was a constitutional right that he was violating or was conspiring against
is not essential to conviction of violation of this section and section 241 of this title. U. S. v. O'Dell, C.A.6 (Tenn.)
1972
To establish violation of this section proof of specific intent on part of police officers to deprive persons of federal
rights, rather than to engage in conduct having effect of such deprivation, was unnecessary. U. S. v. McClean,
C.A.2 (N.Y.) 1976
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In order for a person to be guilty of crime of willful deprivation of constitutional rights while acting under color of
law, defendant's action must be done under color of law and, where use of force is involved, force used must be
unreasonable and unnecessary. U. S. v. Stokes, C.A.5 (Ga.) 1975
Prosecution for deprivation of civil rights does not depend upon death or serious physical injury to victim; penalty
is subject to enhancement if death results, but that does not concern guilt or innocence of the crime. U.S. v.
Calhoun, C.A.4 (W.Va.) 1984,
Mistake of law will not generally excuse commission of offense; thus, defendant's error as to his authority to
engage in particular activity, if based upon mistaken view of legal requirements or ignorance thereof, is mistake of
law, and fact that he relied upon erroneous advice of another is not, typically, an exculpatory circumstance; he will
still be deemed to have acted with culpable state of mind. U. S. v. Barker, C.A.D.C.1976, 546 F.2d 940
Prosecution for conspiracy against citizen's rights in violation of election laws was not subject to dismissal under
doctrine of de minimis. Fields v. U.S., C.A.4 (Va.) 1955, 228 F.2d 544
This section prohibiting conspiracy against rights of citizens does not require that any overt act at all be shown.
U. S. v. Morado, C.A.5 (Tex.) 1972, 454 F.2d 167
1116 Suing /olice Officers, <udges, Court Cler=s, and Other 4o)ernment Emploees
and Contractors!
(he goal of this docu"ent is to assist Citi=ens in $utting a sto$ to unconstitutional $ractices
0% the state through its !arious indi!idual o$erators. State officers !iolate Citi=enDs
Constitutional +ights e!er% da%. #!er% Citi=en who has had go!ern"ent action taken
against the" has had their Constitutional +ights !iolated. (here is not a single $olice officer
who does not !iolate Citi=ens Constitutional +ights e!er%da%, and who does not do so in
al"ost all their conduct.
Note: .hen taking legal action against the state for its actions, the law of indi!idual
res$onsi0ilit% a$$lies. (o sue the state as a $art% in court "eans literall% to sue %ourself as
"uch as an%0od% else, and so it "a% not "ake "uch sense to do so in redressing
Constitutional rie!ances. In fact the ,,
th
-"end"ent of the ;S Constitution has 0een !er%
re$eatedl% u$held to act as a 0ar to na"ing the state as a $art% in *ederal Court. >It has
0een challenged lots of ti"es, and the courts ha!enDt 0udged in centuries.) -s a legal
Huestion howe!er, one has to ask, does the stateDs a$$earance in *ederal 6istrict Court as
a Part% Plaintiff act as a wai!er of itDs ,,
th
-"end"ent I""unit%, or otherwise as consent to
a$$ear as a Part% 6efendant?
So, as a $ractical "atter, the $rocedure is to sue the indi!idual $olice officer, 9udge, court
clerk, $s%chologist, social worker, 62SM' worker, elected official, or whoe!er the indi!idual
is that did the act, as o$$osed to the state as a go!ern"ental or $olitical 0od%. In that suit
one can seek cri"inal charges, "onetar% relief, or other relief.
If %ou are after "one%, 0e $re$ared for a long haul, and a lot of work, not to "ention
needing a legiti"ate clai" for da"ages. Mone% is generall% $aid where real $ro$ert% or
$h%sical da"age is suffered. >(here is of course no e:cuse for an% har" caused to an
indi!idual 0% actions of a state official, 0ut those in!ol!ed are t%$icall% deli0eratel% indifferent
0ecause if nothing else the state has an insurance $olic% to co!er the".)
Revision: 1359560948 Page 6 of 20
-s for 0eing a0le to clai" da"ages on 0asis of B#"otional 2ar"C, or B#"otional 6istressC,
One "a% 0e a0le to co"$lain on these grounds. Male eHui!alents to these "a% include
BPro!ocationC, BInsultC, BSnu0C, B2arass"entC, BPunking 3ou OffC, BMockingC or B6issingC 3ou.
In other words if causing so"eone B#"otional 2ar"C >whate!er that is, or howe!er that is
done), is considered a good enough reason to sue so"eone, >it is), then for so"e $olice or
other state officer acting in such a "anner as would $ro!oke an% Breasona0le "anC to a
9ustified act of !iolence against the", 0ut that when done during their official e"$lo% would
cause %ou felon% charges e:clusi!el% due to that e"$lo%, for correcti!el% disci$lining the
conduct of an errant $u0lic ser!ant, then %ou ha!e grounds to sue. ItDs 9ust that Men are
"ore likel% to want to 0eat so"eoneDs ass, as o$$osed cra$$ing their $ants or whate!er, so
the conce$t of Ge"otional distressG 0eing a$$lied to to Men "akes not "uch sense. In legal
ter"s, G-deHuate Pro!ocationG is the "ale eHui!alent. It should 0e noted that none of the
the sort of conduct "entioned a0o!e is $art of Bofficial dutiesC of an% $u0lic ser!ant, and so
when the% act like an ass to %ou, the% are literall% Boff the clock.C
(he nickelEandEdi"e usur$ations $ut down dail% 0% these cree$s is disgusting, and in the
end its how such things get carried out. ;nfortunatel%, a nickel here, ten cents there, $rett%
soon %ouDre talking 0ig "one%.
2owe!er, %ou can get a refund.
In order to do that, %ou do not ha!e to s$onsor a 0allot initiati!e and collect thousands of
signatures. In -"erica we ha!e 3 Iranches of go!ern"ent. .hen $eo$le collect signatures
for a 0allot initiati!e, the% are acting as the legislati!e 0ranch, to a"end, $ass, or re$eal a
law. In the Judicial 0ranch, Court, the wa% that one BPetitions (heir o!ern"ent for a
redress of grie!ances,C is to sue.
It is i"$ortant to "ake the distinction at this $oint 0etween lawsuits for "one% and lawsuits
for other kind of relief. (his docu"ent concerns the latter. (he *ederal Court +ules >*ederal
+ules of Ci!il Procedure) $ro!ide that declarator% 9udg"ent actions "a% 0e "o!ed u$ the
calendar. >*.+.C.P. +ule A1). (his "eans that a suit 0rought for the sake of Bsettling the
HuestionC can 0e heard Huickl%. Likewise is true in state courts. -gain the reason is that
when suits are 0rought for "one% a whole lot of litigation needs to 0e done to "ake sure
e!er%0od% gets their filth% little $iece. .hen a Huestion is 0rought $urel% as a "atter of law,
"aking the case can 0e !er% straightforward. In other words when seeking onl% non-
monetar relief, %ou can get Huick results.
JonE"onetar% relief includes 0ut is not li"ited to:
"6 1n9uncti)e 2elief and (eclarator 2elief:
a) In9unctions t%$icall% will co"$el a $erson under threat of cri"inal charges or conte"$t of
court to do a $articular act or likewise cease and desist so"e act.
0) 6eclarator% relief can 0e thought of as the Court B6eclaringC so"ething, like for instance
that a $articular statute, $olic% or custo" is unconstitutional. -n% $erson can challenge an%
state or federal law in federal court, $ursuant to @7 ;.S.C F ,5)3. (he cost for this is starts
Revision: 1359560948 Page , of 20
at 9ust K3A8.88 >the current filing fee). .hen %ou file %our co"$laint, the Co!er Sheet that
the clerk hands %ou to file with %our co"$laint will ha!e a check 0o: indicating the t%$e of
co"$laint 0eing filed. Check the 0o: for: Cause of -ction L5A8, BConstitutionalit% of State
Statutes.C If %ou do not ha!e an% "one%, %ou can file %our co"$laint for free, 0ecause this is
-"erica and thatDs $articularl% how we roll. It is called filing a co"$laint BIn *or"a
Pau$eris.C >Latin for BIrokeC).
&6 E;traordinar 0rits: 7andamus, /rohi:ition, -a:eas Corpus, Certiorari>
- G.ritG "a% issue when there is no other $lain, s$eed%, or adeHuate re"ed% a!aila0le. It
can 0e thought of as a t%$e of Ge"ergenc%G action, as o$$osed to an ordinar% one.
a) Manda"us:
- writ of G"andateG to compel a $articular indi!idual, 0oard or 0od% to $erfor" a $articular
act.
0) Prohi0ition:
- si"ilar writ as "anda"us to prevent a $articular indi!idual, 0oard or 0od% fro" co""itting
a $articular act.
c) 2a0eas Cor$us:
Get out of 9ail free...G so to s$eak. - G2a0easG action can 0e used when a $erson is illegall%
held, 0ut can also 0e used in other cases where a $ersonDs Li0ert% is restricted. >(%$icall% 0%
a cri"inal charge, or sentence).
d) Certitorari:
- writ that GcertifiesG a lower CourtDs ruling. (his is the t%$e of case "ost often 0rought to the
;.S. Su$re"e Court. .hen a 9udg"ent or ruling is rendered in a lower Court, >like a
cri"inal con!iction), and a $erson a$$eals, the ;.S. Su$re"e Court 0eco"es the *oru" of
Last +esort. (o challenge a lower CourtDs ruling, %ou ask the Court to Gcertif%G that the lower
CourtDs ruling is correct, or otherwise e:$lain wh% it is wrong. If the Su$re"e Court finds the
lower CourtDs ruling as 0eing wrong, %our challenge was successful.
?6 E@uita:le 2elief:
Getting #!en...G #Huita0le +elief is where %ou can get creati!e. *or e:a"$le, if a G$oliceG
officer takes %our dri!erDs license, getting a Court order to "ake the" stand in line at the
62SM' office to get a re$lace"ent instead of %ou, would 0e an e:a"$le of G#Huita0le
+elief.G (here is a for" for that on the we0site.
1.6 TA31N4 T-E LA0 TO CO$2T
"6 Filing the Complaint:
So, to challenge a law in court, one can file a co"$laint in *ederal Court and ask the court
to declare that a $articular statute, $olic% or custo" is unconstitutional, and get an order
fro" the court telling the other $art% to cut it out, or else.
Revision: 1359560948 Page 8 of 20
Likewise state laws can 0e challenged in state court thanks to >in fact in !er% great thanks
to) the ;nifor" 6eclarator% Judg"ents -ct. >In Law, a ;nifor" Code is a 0od% of law
ado$ted across two or "ore states or legal entities.) (he ;nifor" 6eclarator% Judg"ents
-ct is ado$ted in e!er% state in the ;S. (his "eans that %ou can walk in to the Pal" Ieach
Count% Circuit Court, file a clai" that sa%s: G*lorida Statute section nu"0er 444.444 is
unconstitutional 0ecause...G, la% out all the reasons it is, and de$ending on the t%$e of clai"
$resented, either %ou will ha!e to $ro!e %our case, or, %ou si"$l% challenge the state on the
law in Huestion, and then the% ha!e to $ro!e %ou wrong. -nd that as the% sa%, is where it
gets interesting.
(hanks again to the *ounders of this nation, %ou can file a fairl% si"$le co"$laint, in State
or *ederal Court, and al"ost alwa%s 0e in the $osition of calling the state out, and "aking
the" $ro!e the necessit% of the law. (he ke% conce$t here is B*unda"ental +ightsC
In those cases where the 0urden is on %ou to $ro!e unconstitutionalit%, the ke% conce$t is
Bar0itrar% and ca$ricious.C
&6 Standards of 2e)ie*:
(he first instance "entioned a0o!e, where the state "ust $ro!e the Constitutionalit% of the
Law, is referred to as the BStrict Scrutin%C test. .hen funda"ental +ights are re$ugned, the
state "ust show that 0oth a Bco"$elling o09ecti!eC "ust e:ist, and that there is a lack of a
Bless restricti!e alternati!eC. >IO(2 these ele"ents "ust 0e true).
(he second case "entioned a0o!e, where the 0urden is u$on %ou to $ro!e the Law wrong,
is referred to as the rational 0asis test. (he idea 0eing that $assing laws and such is $art of
what the state is there to do, and if *unda"ental +ights are not re$ugned, then the Plaintiff
"ust show the eHui!alent of that the law is worthless, does nothing, or worse.
(here is a third standard of re!iew BMiddle +e!iewC where the court sees fit to a$$l%
whate!er as$ects of the other two need 0e, when the distinction is not clear.
6istur0ingl%, Gengaging in co""erceG is not considered a *unda"ental +ight, and as such,
laws affecting co""erce are su09ect to the looser standard. 2owe!er, clai"s 0rought in
Court challenging laws, conduct, $olic% or custo"s that affect *unda"ental +ights $ut %ou
in the challengers role, and the state, >or state official) in the defenderDs role. .hen $eo$le
talk a0out the B-"erican .a%C, this is one of the things the% are talking a0out.
?6 /rocedure:
So, the $rocedure 0eco"es one of:
i6 filing a co"$laint in state or federal court, (emand a <ur.
ii6 ser!ing co$ies of the co"$laint to the other $art%,
iii6 wait for their res$onse, then,
i)6 re$l% to that.
-fter filing the original co"$laint, %ou can ;se G7otionsG to "ake reHuests of the Court,
>%ou can "o!e that the other $art% 0e su09ect to a G"ental e:a"G for instance, or that the%
ha!e their $ro$ert% sei=ed, or that the% 0e $rohi0ited fro" "aking an% further contact with
Revision: 1359560948 Page 9 of 20
%ou, or so"e other $art%, that the% 0e $rohi0ited fro" entering a $articular area, or that the%
0e sus$ended or re"o!ed fro" dut%, to list so"e e:a"$les). ;se 2e@uests for /roduction
of E)idence to o0tain e!idence, >like $u0lic and $ri!ate records), 7otions To Compel if
the% donDt $ro!ide the e!idence %ou reHuested, and (epositions to interrogate the ad!erse
$arties.
6uring the course of the case, %ou "a% or "a% not get an% court dates, or e!en a trial. 3ou
"a% or "a% not get an% or all of what %ou seek. 3ou "a% win the case with a sla"Edunk:
(he 9udge knows %our right, the state knows the%Dre corru$t, >the% knew it all along, kind of
like children who stir u$ trou0le 9ust to get attention, and need to 0e %elled at, and so the%
9ust go awa% and suck their thu"0 for a while until the% co"e u$ with so"e other shit the%
want to $ull). In that case at least, the order can co"e fro" the 0ench, and there is no need
for a trial. If the "atter does go to trial it is i"$ortant to de"and a Jur%. Juries can 0e
asse"0led in declarator% 9udg"ent actions and it is a great wa% to get %our co""unit%
in!ol!ed.
- 0rief digression at this $oint for the haters:
If %ou are a B$s%cholog% "entalit% $ersonalit% t%$eC, or a BsocialistC >the two "a% 0e related),
or e!en worse, %ou are a Bco""unistC, or otherwise gain filth% lucre fro" contracts and
associations with state organi=ations, %ou are $ro0a0l% against $eo$le challenging the state
in Court like this on so"e kind of $ersonal or econo"ic grounds. >i.e. %ou "ake "one% off
these state o$erations 0% i"$ounding cars, or $ro!iding GsocialG or ser!ices to the court,
and earn %our li!ing this wa%), for %ou, it is $ointed out that there are $lent% of shithole
countries that do not allow Citi=ens to challenge the state in Court. 3ou are free to go there.
-s for the $articular o09ections that $eo$le clog the courts with these clai"s, si"$l%, we $a%
for this ser!ice. If need 0e the% can o$en "ore courts to hear Ci!il +ights clai"s against
state officers. (he state can di!ert funds fro" the taser 0udget. >(housand 0ucks a$iece.)
Perha$s the worst sni!elers are the $s%cholog% "entalit% t%$es. It turns out that their sho$
"anual lists suing $eo$le as a GdisorderG. >/ind of like !oting, right?) Ieware of these
$eo$le.
O/, so how do %ou end t%rann% in -"erica?
*ill out a for".
Iut, if %ou are going to take the ti"e to do %our $a$erwork, %ou "ight as well get so"ething
for it. .h% not ask to get indi!idual co$s and an% $u0lic ser!ants fired? -nd while %ouDre at
it, also seeing to it that the% refund all their earnings to the state, forfeit all $ension and
0enefits, and 0e $rohi0ited fro" -J3 kind of future e"$lo%"ent or association with the
state. -s in, their whole career was a waste of ta: dollars, the% owe it all 0ack. Or otherwise
%ou can seek the end to whate!er hassle %ou are ha!ing to deal with toda%.
2ere are so"e guidelines to a$$l% when for"ulating a Constitutional clai":
Revision: 1359560948 Page 10 of 20
"6 Are ou pissed a:out something the state is doingA
In order to $re!ail in a clai" one "ust ha!e Standing. (he "ini"u" reHuire"ent of
Standing is that one 0e an Gaggrie!ed $art%G.
&6 Can ou identif the specific person or persons responsi:leA
(he law of indi!idual res$onsi0ilit% a$$lies. (his 0rings to the fore so"e legal histor%. (his
legal $rece$t was $erha$s "ost nota0l% to date a$$lied at Juere"0erg in ,5@AE@& during
the trial of JS6-P officials as war cri"inals. *or that trial our own Justice +o0ert 2.
Jackson fro" the ;S Su$re"e Court a$$eared as $rosecutor for the -"erican sector, and
stated, regarding G(he Law of Indi!idual +es$onsi0ilit%G:
Of course, the idea that a state, an% "ore than a cor$oration co""its cri"es, is a fiction. Cri"es alwa%s
are co""itted onl% 0% $ersons. .hile it is Huite $ro$er to e"$lo% the fiction of res$onsi0ilit% of a state or
cor$oration for the $ur$ose of i"$osing a collecti!e lia0ilit%, it is Huite intolera0le to let such a legalis"
0eco"e the 0asis of $ersonal i""unit%. (he Charter recogni=es that one who has co""itted cri"inal
acts "a% not take refuge in su$erior orders nor in the doctrine that his cri"es were acts of states.
*or those con!icted, the sentences handed down included life in $rison or death 0%
hanging. >'er% unEcere"oniousl% in so"e nondescri$t 0uilding in 0o"0ed out Ierlin). *our
9udges were e"$aneled, one each for the -"erican, #nglish, *rench and +ussian sectors.
-s in an% "ultiE9udge $anel, like state or *ederal Courts Su$re"e, when decisions are
handed down there will 0e a majority o$inion >the effecti!e decision or ruling) or each 9udge
not in the "a9orit% "a% file a concurring o$inion >the% agree with the "a9orit% 0ut wish to add
distinction to it, or clarif%, etc), or, a dissenting o$inion, >(he% do not agree with the "a9orit%
and e:$lain wh%). In the case of the trial at Juere"0erg, all three western allies were the
"a9orit% o$inion. (he +ussians $roffered the dissenting o$inion. (heir dissent was that the
sentences handed down were not $uniti!e enough.
?6 Can ou identif the specific *rong that needs correctingA
(his is !er% !er% i"$ortant, and takes so"e knowledge of Constitutional Law to $ut into
legalEese. 2owe!er, the good news is that if %ou feel that %ou ha!e 0een wronged 0% the
state, %ou $ro0a0l% ha!e 0een. (hat is the $lace to start. Identif% all the as$ects of the
circu"stances and how the% are wrong. *ocus !er% fir"l% on *unda"ental +ights.
.6 Fundamental 2ights:
*unda"ental +ights include 0ut are not li"ited to:
-) (he +ights to Pri!ac% and to Ie Let -lone:
Pri!ac% usuall% i"$lies Bin ones ho"eC as there is su$$osedl% Bno reasona0le
e:$ectation of $ri!ac%C while in $u0lic. B(he +ight to Ie Let -loneC is a"ong other things the
inE$u0lic analog of the B+ight to Pri!ac%.C (his "eans that no state official has an% $lace
0othering %ou in the first $lace. If the% "ake an% contact with %ou at all, or 0other %ou for
e!en a "o"ent, %ou can think of this as the" ha!ing Bfailed to fuck the fuck off in the first
$laceC, >and as Men understand, this is clearl% a grie!ous offense).
Revision: 1359560948 Page 11 of 20
#!er% natural $erson has the right to 0e let alone and free fro" go!ern"ental intrusion into the $ersonDs
$ri!ate life e:ce$t as otherwise $ro!ided herein. (his section shall not 0e construed to li"it the $u0licDs
right of access to $u0lic records and "eetings as $ro!ided 0% law. *lorida Constitution -rticle I, Sec. 73
I) 6ue Process:
Constitutional Law guarantees a $erson G6ue ProcessG. State e"$lo%ees rarel%
honor this. G6ue ProcessG falls into two categories:
a) Procedural 6ue Process: Jotice, O$$ortunit% to 6efend.
0) Su0stanti!e 6ue Process: laws "ust 0e of such su0stance as the% can reasona0l%
0e e:$ected to 0e o0e%ed.
C) (he +ight to *reedo" fro" harass"ent:
-ll $ersons ha!e a +ight to 0e free fro" harass"ent 0% their go!ern"ent. >Much less 0%
an%0od% else). 2owe!er, "uch of the conduct engaged in 0% $olice officers >and other
go!ern"ent o$erators) on a dail% 0asis falls under the legal definition of harass"ent, 0ut for
whate!er twisted reasons the Courts ha!e GdecidedG that the state G"a%G harass %ou as
such. Its not that the% ha!e decided that the conduct is not harass"ent when engaged in 0%
$olice or the state, 0ut that the state su$$osedl% has the GrightG to do so. .ell, %ou decide
this.
6) *reedo" of S$eech:
-oss of .irst /mendment freedoms for even minimum periods of time is 0irrepara(%e in$ur0 supporting
pre%iminar in$un#tion+ 1pringfie%d v+ 1an 2iego 3nified Port 2ist+! 1+2+4a%+1996! 950 .+1upp+ 1482+
4onstitutiona% rights to assem(%e pea#ea(% and to petition for redress of grievan#es are intimate% #onne#ted (oth
in origin and in purpose with other rights of free spee#h and free press under this amendment! and a%% these rights!
though not identi#a%! are insepara(%e+ 3nited 5ine 6or*ers of /meri#a! 2ist+ 12 v+ I%%inois 1tate 7ar /ss8n!
3+1+I%%+196,! 88 1+4t+ 353
/ (road% defined freedom of the press assures maintenan#e of /meri#an po%iti#a% sstem and an open so#iet+
'ime! In#+ v+ 9i%%! 3+1+:+;+196,! 8, 1+4t+ 534!
'he purpose of the 7i%% of Rights was to withdraw #ertain su($e#ts from the vi#issitudes of the po%iti#a%
#ontrovers! to p%a#e them (eond the rea#h of ma$orities and offi#ia%s and to esta(%ish them as %ega% prin#ip%es to
(e app%ied ( the #ourts+ 6est <irginia 1tate 7oard of =du#ation v+ 7arnette! 3+1+6+<a+1943! 63 1+4t+ 11,8
'he #onstitutiona% prote#tions for spee#h and press were fashioned to assure unfettered inter#hange of ideas for
(ringing a(out po%iti#a% and so#ia% #hanges desired ( the peop%e+ :ew ;or* 'imes 4o+ v+ 1u%%ivan! 3+1+/%a+1964!
84 1+4t+ ,10
It is purpose of this amendment to preserve uninhi(ited mar*et p%a#e of ideas in whi#h truth wi%% u%timate%
prevai%! rather than to #ountenan#e monopo%i>ation of mar*et! whether it (e ( government itse%f or private
%i#ensee+ Red -ion 7road#asting 4o+ v+ .+ 4+ 4+! 3+1+2ist+4o%+1969! 89 1+4t+ 1,94
Prin#ipa% fun#tion of free spee#h under our sstem of government is to invite dispute) it ma indeed (est serve its
high purpose when it indu#es #ondition of unrest! #reates dissatisfa#tion with #onditions as the are! or even stirs
peop%e to anger+ 'e"as v+ ?ohnson! 3+1+'e"+1989! 109 1+4t+ 2533!
4onstitutiona% right of free e"pression is intended to remove governmenta% restraints from arena of pu(%i#
dis#ussion! putting de#ision as to what views sha%% (e voi#ed %arge% into hands of ea#h of us in (e%ief that no other
approa#h wou%d #omport with premise of individua% dignit and #hoi#e upon whi#h our po%iti#a% sstem rests+
1imon @ 1#huster! In#+ v+ 5em(ers of :ew ;or* 1tate 4rime <i#tims 7d+! 3+1+:+;+1991
/t the heart of this amendment is the ine%u#ta(%e re%ationship (etween free f%ow of information and a se%fA
governing peop%e) em(odied in our demo#ra# is firm #onvi#tion that wisdom and $usti#e are most %i*e% to prevai%
Revision: 1359560948 Page 12 of 20
in pu(%i# de#isionAma*ing if a%% ideas! dis#overies! and points of view are (efore #iti>enr for its #onsideration!
and! a##ording%! #ourts must remain profound% s*epti#a% of government #%aims that state a#tion affe#ting
e"pression #an survive #onstitutiona% o($e#tions+ 'homas v+ 7oard of =d+! Branvi%%e 4entra% 1#hoo% 2ist+! 4+/+2
C:+;+D 19,9
#) +ight to /ee$ and Iear -r"s:
(here ha!e 0een recent ;S Su$re"e Court decisions regarding the 7nd -"end"ent of the
;S Constitution, and it is of the ut"ost i"$ortance that #!er% Citi=en understand this law
and where it is going. uns and other ar"s are necessar% to $rotect Pu0lic Safet%. *or
e:a"$le, $olice officers co""it acts of !iolence against the $u0lic all the ti"e. (hat is a
danger to $u0lic safet%. >It "a% not get shown on tele!ision, 0ut the stacks at the Law
Li0rar% are filled with such cases). It is likewise i"$ortant to understand that "ost if not all
states ha!e $ro!isions in their State Constitutions that are si"ilar to the 7nd -"end"ent of
the ;S Constitution. (his adds a second la%er of $rotection to %our +ight to /ee$ and Iear
-r"s. (his is i"$ortant 0ecause if the ;S Su$re"e Court chooses to Ginter$retG the 7nd
-"end"ent in such a wa% as to li"it or restrict that +ight, state law can 0e used to
strengthen it.
*) Personal S$ace:
Police officers ha!e an anno%ing ha0it of co"ing u$ to %ou and getting in %our face, and
t%$icall% %elling and screa"ing like $unks. It ha$$ens all the ti"e. If a $olice officer enters
%our $ersonal s$ace %ou "ust file a co"$laint against the" on the we0site. .e will assist
%ou in o0taining a restraining order. 3ou are not reHuired to warn a $erson in ad!ance not to
a$$roach %ou, "uch less enter %our $ersonal s$ace and anno%, alar", harass or threaten
%ou.
) *ree #:$ression:
*ree e:$ression is $rotected 0% the *irst -"end"ent. It does not co!er acts of !iolence
against another regardless of how "uch %ou would like to e:$ress %ourself 0% 0eating
so"eoneDs ass. Likewise, GartG installations on pu:lic $ro$ert% see" not to 0e co!ered
either. So, a $icture of %our local Sheriff wearing a dress "a% 0e free e:$ression, 0ut
a$$arentl% the state can $re!ent %ou fro" hanging it in the Courthouse lo00%. (hings like
"usic, tele!ision, and other "edia that "a% not 0e $art of the G$ressG $er se, are co!ered
under this $ro!ision.
2) Criticis" of o!ern"ent:
Criticis" of go!ern"ent is likewise $rotected 0% the *irst -"end"ent, and is $erha$s one of
our strongest $rotections. If %ou ha!e 0een threatened or harassed >or worse) 0% an% $olice
officer or go!ern"ent agent for critici=ing go!ern"ent %ou "ust file a co"$laint on the
we0site.
(here is a $rofound national co""it"ent to the $rinci$le that de0ate on $u0lic issue should 0e
uninhi0ited, ro0ust, and wideEo$en, and that >such de0ate) "a% well include !ehe"ent, caustic, and
so"eti"es un$leasantl% shar$ attacks on go!ern"ent and $u0lic officials. J3 (i"es ' Sulli!an, )@ S.
Ct., at 17,.
Criticis" of go!ern"ent is at the !er% center of the constitutionall% $rotected area of free discussion.
Criticis" of those res$onsi0le for go!ern"ent o$erations "ust 0e free, lest criticis" of go!ern"ent itself
0e $enali=ed. +osen0latt !. Ia%er ;S. S. Ct ,5&&
Revision: 1359560948 Page 13 of 20
*irst -"end"ent $rotects e!en $rofanit%Eladen s$eech directed at $olice officers. Pa%ne !. Paule%,
C.-.1 >Ill.) 7883, 331 *.3d 1&1.
I) Protection for %our $ersonal Pro$ert%:
If %ou ha!e had %our car i"$ounded and held for the $a%"ent of a fee, >t%$icall% an e!er
increasing fee), then %ou ha!e a clai". Si"$le as that. (here are a series of for"s on the
we0site to hel$ %ou deal with this. Likewise if %ou ha!e had other $ro$ert% sei=ed.
Otherwise no"inall% $ri!ate acti!it% of defendant in de$ri!ing $laintiff of his "otor !ehicle under
i"$ound"ent $rocedures authori=ed 0% "unici$al ordinances and *.+.S. F )A.83,>3) 0eca"e state
action as a result of defendantDs relationshi$ with, and $artici$ation in, conduct of sheriff and de$ut% in
res$ect to i"$ound"ent. 2ann !. Carson, M.6.*la.,51), @&7 *.Su$$. )A@.
Ordinance allowing towing or i"$ounding for !iolation of Gan% traffic lawG was o!er0road, since there is a
strong $ri!ate interest in use of a !ehicle, since the risk of an erroneous de$ri!ation of said interest
through the $rocedures used was su0stantial, and since there would 0e no great fiscal or ad"inistrati!e
0urden in "aking the ordinance "ore s$ecific with res$ect to e:actl% which ordinances $resent
$roscri$tions whose !iolation will su09ect a car to the risk of towing< further"ore, the ordinance was
unconstitutional in $ractice, since notice is not sent $ro"$tl% and storage fees are assessed $rior to
sending notice. illa" !. Landrieu, #.6.La.,51), @AA *.Su$$. ,838.
Procedure wherein $risoner was gi!en notice of $ending dis$osition of his i"$ounded auto"o0ile 0%
wa% of certified "ail, return recei$t reHuested, to $risoner at his ho"e address when state knew that
$risoner was in 9ail denied $risoner due $rocess. Seals !. Jicholl, J.6.Ill.,513, 31) *.Su$$. ,17.
I"$ound"ent statute which authori=ed i"$ound"ent of !essel was constitutionall% defecti!e in that
there was no $ro!ision for "eaningful hearing e!en after sei=ure. Jolt !. Isadore, 6.C.-laska ,5)@, A58
*.Su$$. A,).
I"$ound"ent and warrantless in!entor% search of defendantDs auto"o0ile were unreasona0le where
defendant was not ad!ised that i"$ound"ent need not occur if reasona0le alternati!e was $ro!ided and
where defendantDs suggested alternati!es to i"$ound"ent were not e!en considered. Judge !. State,
-$$. 7 6ist., @,5 So.7d ,,1, >,5)7).
Patrol"anDs failure to tell defendant that his car was going to 0e towed awa% and failure to gi!e
defendant reasona0le o$$ortunit% to $ro!ide alternati!e to i"$ound"ent rendered in!entor% search of
defendantDs car illegal and e!idence gathered therefro" inad"issi0le. Moore !. State, -$$. A 6ist., @,1
So.7d ,,3, >,5)7).
.here $olice officers, although infor"ing arrestee that his truck was going to 0e i"$ounded, did not
infor" arrestee that i"$ound"ent would not occur if arrestee could $ro!ide reasona0le alternati!e to
i"$ound"ent, contents sei=ed during in!entor% search would 0e su$$ressed. State !. Miller, -$$. 7
6ist., @8@ So.7d ,A5 >,5),).
#!en if defendant were lawfull% in officersD custod% when the% learned where his car was $arked, the%
had no legal 0asis to search his car without a warrant or his consent. Cu!a !. State, -$$. A 6ist., &)1
So.7d 71@ >,551).
Police officer illegall% sei=ed ite"s in $lain !iew inside $assenger co"$art"ent of !ehicle when, after
encountering "otorist $arked on rightEofEwa% and ordering "otorist to e:it !ehicle and walk to $olice car,
officer then a$$roached "otoristDs now !acant !ehicle and looked inside< assu"ing arguendo that
officer, for his own safet%, could order "otorist who had not co""itted an% !iolation of the law to e:it
!ehicle in order to check on "otoristDs well 0eing, officer then had no 9ustification for then ins$ecting
"otoristDs !acant !ehicle, and officer had no $ro0a0le cause to "ake an% arrest until ite"s were
o0ser!ed inside !ehicle. Jenkins !. State, -$$. A 6ist., A&1 So.7d A7) >,558).
Revision: 1359560948 Page 14 of 20
Patrol"anDs failure to tell defendant that his car was going to 0e towed awa% and failure to gi!e
defendant reasona0le o$$ortunit% to $ro!ide alternati!e to i"$ound"ent rendered in!entor% search of
defendantDs car illegal and e!idence gathered therefro" inad"issi0le. Moore !. State, -$$. A 6ist., @,1
So.7d ,,3, >,5)7).
6etaining a dri!er and his !ehicle for inordinate a"ount of ti"e is unreasona0le sei=ure. luesenka"$
!. State, 35, So.7d ,57 >,5)8).
+e"o!al of !ehicle identification nu"0er >'IJ) sticker fro" defendantDs car 0% $ri!ate citi=en, who was
acting solel% at direction of $olice officer, was an illegal sei=ure in !iolation of defendantDs *ourth
-"end"ent rights. lasser !. State, -$$. @ 6ist., 131 So.7d A51 >,555)
(here was no 0asis for i"$ounding !ehicle which defendant was dri!ing, e!en though he could not
$roduce !ehicle registration or $roof of ownershi$, where he did gi!e the officers the na"e of the owner.
Montal!o !. State, -$$. 7 6ist., A78 So.7d 757 >,5)1)
J) *reedo" of (hought:
.e reach a different $lane of social and "oral !alues when we $ass to the $ri!ileges and i""unities
that ha!e 0een taken o!er fro" the earlier articles of the federal 0ill of rights and 0rought within the
*ourteenth -"end"ent 0% a $rocess of a0sor$tion. (hese, in their origin, were effecti!e against the
federal go!ern"ent alone. If the *ourteenth -"end"ent has a0sor0ed the", the $rocess of a0sor$tion
has had its source in the 0elief that neither li0ert% nor Justice would e:ist if the% were sacrificed. Twining
v. New Jersey 211 U. S. 99. (his is true, for illustration, of freedo" of thought, and s$eech. Of that
freedo" one "a% sa% that it is the "atri:, the indis$ensa0le condition, of nearl% e!er% other for" of
freedo". .ith rare a0errations, a $er!asi!e recognition of that truth can 0e traced in our histor%, $olitical
and legal. So it has co"e a0out that the do"ain of li0ert%, withdrawn 0% the *ourteenth -"end"ent
fro" encroach"ent 0% the states, has 0een enlarged 0% latterEda% 9udg"ents to include li0ert% of the
"ind as well as li0ert% of action. Palko !. Connecticut, 387 ;.S. 3,5 >,531).
#!er%one has the right to freedo" of thought, conscience and religion< this right includes freedo" to
change his religion or 0elief, and freedo", either alone or in co""unit% with others and in $u0lic or
$ri!ate, to "anifest his religion or 0elief in teaching, $ractice, worshi$ and o0ser!ance. ;J ;ni!ersal
6eclaration On 2u"an +ights -rticle ,).
(his is where the G$s%cholog% "entalit%G is so nauseating. (hose t%$e clai" that $eo$le
ha!e GdisordersG 0ased on the content of their thought or the nature of their $ersonalit%.
.hen listening to these $eo$le, instead of 0eing sucked in 0% their "ani$ulati!e conduct,
>note that the% $ractice their 0eha!iors constantl% in order to a$$ear as acting natural), take
a ste$ 0ack consciousl% and anal%=e what the% sa% in ter"s of Constitutional Law. 2o$efull%
then %ou will see the sickness at hand. +e"e"0er, that these $eo$le a "ake a $ractice and
$rofession of >not to "ention a $reoccu$ation with) engaging conduct that is against 0oth
Guni!ersall%G recogni=ed $rinci$les, and the law of this land. .hile stud%ing hu"an thought
and 0eha!ior are certainl% Constitutionall% $rotected, as well as o$inions a0out such things,
when state action is taken on grounds of a $ersons su$$osed Gthought content,G or
$ersonalit% Gdisorder,G then that action 0eco"es i""ediatel% Huestiona0le under
Constitutional Law, if not $rohi0ited.
(his is directed $articularl% to an%one who has had to seek courtEordered counseling,
thera$%, Gtreat"entG, or who has had to deal with a $s%chologist, $s%chiatrist, socialEworker,
caseEworker, or otherwise fro" the state. If this has ha$$ened to %ou, there is a for" on the
we0site that %ou can fill out to sol!e the $ro0le". Likewise if %ou ha!e 0een ordered to deal
with such $ersons, understand in ad!ance that these $eo$le will act $erfectl% friendl%, $olite
and a"ica0le to %our face, then write a re$ort a0out how %ou ha!e all "anner of things
Revision: 1359560948 Page 15 of 20
Gwrong with %ouG. >Iecause %ouDre you, $resu"a0l%, and of course wh% %ou need to take
$art in so"e stateE"andated Gtreat"entG $rogra" or another, that ulti"atel% su0sidi=es
the". (his 0eha!ior is known as Gsocial $arasitiaG). It is a good idea to si"$l% not talk to
these $eo$le at all, or at "ini"u" record the sessions, or ha!e a witness during an% state
ordered Gtreat"entG.
2) -nd MoreM (he 5th -"end"ent...
(he enu"eration in the Constitution, of certain rights, shall not 0e construed to den% or dis$arage others
retained 0% the $eo$le.
Just Dcu= it ainDt in there doesnDt "ean %ou donDt got it...
In other words the 5th -"end"ent lea!es roo" for constructing >inter$reting) laws, 0ut
whether or not the courts will inter$ret it as an e:tension clause is Huestiona0le. 2owe!er,
it is i"$ortant to ne!er 0elie!e an% go!ern"ent official who tries to con %ou into 0elie!ing the
go!ern"ent creates or grants +ights. +ights e:ist regardless of an%thing else. .hat
go!ern"ents do is restrict or $rotect the", and all too often !iolate the".
.16 /olice authorit:
Jo $olice officer has an% authorit% that %ou did not gi!e the". >See *+S @@1.785) (o use
Ioca +aton as an e:a"$le, >%our "unici$alit% "a% !ar%), the BSororital Order of Police,
Lodge 3AC is a $ri!ate organi=ation, >a la0or 0argaining unit), which has a contract with the
"unici$al cor$oration of Ioca +aton to $ro!ide ser!ices as a $olice de$art"ent. (he
contract has se!eral fatal flaws, and such needs to 0e reEwritten at least , if not rescinded.
.hether the B$oliceC ha!e an% authorit% at all while o$erating under an unconstitutional
contract "a% 0e in Huestion. (he current contract which e:$ires ?B Septem:er &B"?, has
for e:a"$le the following $ro!isions:
,) Jo to0acco $olic%. 6rug use will get %ou counseling and treat"ent, 0ut to0acco use
gets %ou fired, or 9ust not hired in the first $lace. ItDs a legal $roduct >.hate!er good
0ad or otherwise it "a% do) and there "ust 0e at least so"e to0acco users who wish
to get that 9o0. >Jot to stick u$ for wanna0e co$s of course, 0ut in!idious
discri"ination is a0out the worst kind.)
7) (his unit gets lia0ilit% $rotection, 0ut if %our co"$an% cleans the toilets at cit% hall %ou
ha!e to $ro!ide %our own sli$EandEfall insurance. Sa"e with an% ser!ice contractor.
;neHual $rotection of law here. Ouch. #ither e!er%one gets the sa"e deal or no one
gets it. Jo e:clusi!e franchises.
3) Per *lorida Statutes Cha$ter @@1, the $u0lic e"$lo%er G;nilaterall%C decides the
$ur$oses of its de$art"ents. 3ou are the $u0lic e"$lo%er. 6o not e!er tolerate a
$olice officer atte"$ting to suggest the% ha!e the authorit% to act as the% wish. (he%
are %our su0ordinates, and "ust 0e confor"ed 0% %ou to act as such.
ACTION ITEM: (he Ioca +aton G$oliceG contract is u$ for renewal SOOJM Jow is an
o$$ortunit% to Gget in!ol!ed.G .e ha!e a for" on the .e0site for that. I% si"$l% filling out a
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for", %ou can see to it that their new contract will contain a$$ro$riate co"$liance $ro!isions
that 3O; set. #!en if %ou do not li!e in Ioca +aton, $lease Gget in!ol!edG -fter all, %ou "a%
find %ourself in Ioca +aton one da%. (hen what?
If a co$ tries to tell %ou that the% do what the% want, or co$ that attitude with %ou, %ou "ust
re$ort the". (he we0site has a for" for that. +e"e"0er when dealing with a $olice officer
alwa%s "ake note of their na"e at least, and their 0adge nu"0er. Iefore answering an%
Huestions or listening to an%thing the% sa%. (o 0e sure to co""it it to "e"or% re$eat it to
%ourself at least three ti"es. 3ou will need this infor"ation when filing a co"$laint.
-n officers identit% can 0e o0tained fro" !arious $u0lic records, 0ut this slows the $rocess
down considera0l%. It can take weeks. Iut, if an officers identit% is known, a co"$laint can
0e filed with the de$art"ent, 0efore the officer finishes harassing %ou. If %ou are 0eing
harassed 0% a $olice officer, call 5,,, and clai" that the officer is harassing %ou andNor
threatening %ou, or if nothing else is 9ust acting like a dick, and needs to 0e fired, and 0e
sure to gi!e the officers na"e and 0adge nu"0er to the dis$atcher. >3ou can use that
language if %ou want and if the 5,, dis$atcher harasses %ou for using it, file a co"$laint on
FireACop!com, along with the co"$laint against the GofficerG harassing %ou.
.116 0hat 3ind Of Assistance is A)aila:le:
(here are se!eral different ser!ices on the we0site a!aila0le to hel$:
Free complaints! *ill out a for", $ro!ide the facts, $ersons in!ol!ed, the $ro0le" caused,
and what sort of correcti!e action is needed. - $rinted co$% of the co"$laint will 0e
generated. 3ou can download it, sign it, send it in, or 9ust lodge it in our data0ase for future
infor"ation.
/aid ser)ices: If %ou 0elie!e a co"$laint is such that it needs to 0e followed through u$on,
then assistance with $a$erwork and follow u$ is a!aila0le. Prices start as little as K,8.88.
(his is for $rocesses not in!ol!ing lawsuits. >*or as little as K,8.88 an ad"inistrati!e
co"$laint can 0e lodged with whate!er de$art"ent, and seen to it that it is $laced in the
officers de$art"ent file.)
/ro-Se legal assistance! If %ou want to $ursue declarator% 9udg"ent actions, in9unctions,
writs, or other such clai"s, assistance is a!aila0le for those re$resenting the"sel!es. *ree
for"s to start the $rocess are on the we0site. Note: If %ou are seeking "onetar% da"ages
contact a good Ci!il +ights law%er, or learn to do it on %our own. (he $rocess is sufficientl%
co"$le: that it should 0e undertaken 0% a co"$etent law%er, or a sufficientl% "oti!ated
indi!idual. 2owe!er, If %ou are seeking In9unctions, .rits, 6eclarator% Judg"ents, and JonE
Monetar% Puniti!e 6a"ages, >i.e. #Huita0le +elief), then the we0site has resources to hel$.
.1116 -o* +ou Can /articipate:
,) /ro)ide us *ith a commercial e-mail account! >3ahoo, Mail, 2ot"ail, -OL, etc.) .e
sell those addresses to "arketing co"$anies as highl% Hualified "arketing leads. >(his
costs nothing to %ou, e:ce$t a little ti"e, 0ut that infor"ation can 0e sold to "arketers to
Revision: 1359560948 Page 1, of 20
hel$ raise funds. 3ou will also recei!e news letters, u$dates, and infor"ation regarding %our
case at this address). (his is for $eo$le who wish to recei!e ad!ertising. In other words, %ou
agree to recei!e GSP-MG >ad!ertising eE"ail), 0ut set u$ a se$arate account to do it. >It is
usuall% 0est to do this through a free s%ste" like 3ahoo or Mail). (he we0site has a signE
u$ $age with a selection for" that allows %ou to decide what t%$es of local and national
$roducts that %ou would like to know a0out. 3ou can recei!e s$ecials fro" national and local
co"$anies selling food, clothing, auto"o0iles, and other consu"er $roducts. *or e:a"$le,
%ou can recei!e eE"ails with cou$ons for local eateries. (his hel$s su$$ort local "erchants
in %our area, and $a% for this $u0lication. (he s%ste" is geared toward local and national
consu"er $roducts. >Jot "edications, $ersonal aids, or in!est"ent sca"s. (hese are
$rohi0ited fro" our ad!ertising s%ste").
7) /a C"B! (his docu"ent costs a0out K, E K7 in $rinting costs, and we $rint thousands.
3ou can hel$ 0% $a%ing K,8.88 for this docu"ent on our we0site. - Pa%EPal 0utton is
a!aila0le where %ou can $a% 0% de0it card, or online account if %ou ha!e one.
3) $se Our Ser)ices! Si"$l% use one or "ore of our ine:$ensi!e $aid ser!ices to lodge a
co"$laint, and follow u$. *or less than K,88.88 %ou can lodge a co"$laint, and a $erson
will follow u$ with the officer and the de$art"ent.
If %ou si"$l% wish to co"$lain, 0ut take no action, that is free. >.e encourage %ou to
co"$lain for an% reason %ou feel 9ust). .e kee$ records of all co"$laints and follow u$
regularl%. (he co"$laints that are lodged are $rinted and "ailed to the de$art"ent. (his is
wh% it is i"$ortant to record all acts of a0use 0% go!ern"ent. ;ntil so"e kind of record is
"ade of the wrong it is difficult to actuall% do an%thing s$ecific a0out it. Once a record is
"ade howe!er, clai"s can 0e $ursued.
1D6 2easons to File a Complaint:
Mandatory Complaints:
If an% of the following ha!e ha$$ened to %ou, %ou 7$ST file a co"$laint against the officer:
,) .as %our license sus$ended for an% reason not related to highwa% safet%? >Jot $a%ing a
ticket, failure to a$$ear, child su$$ort or other issues).
7) 6id an% $olice officer harass, anno%, or threaten %ou in an% wa%.
3) 6id the% search or i"$ound %our !ehicle?
@) .ere %ou s$ra%ed with che"icals, or electrocuted with a taser? Or threatened of such?
A) 2a!e %ou witnessed an% B$oliceC officers a$$earing on $u0lic or $ri!ate $ro$ert% wearing
"asks o!er their faces?
If %ou ha!e witnessed or 0een su09ect to an% of these occurrences, %ou "ust contact us !ia
the we0site. (hese are all !iolations of law.
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If %ou are Male, and %our license has 0een sus$ended for fa"il% issues, or %ou ha!e an%
state child $rotecti!e ser!ices interfering with %our relationshi$ with %our children, %ou 7$ST
lodge a co"$laint on the we0site. (here are a nu"0er of $ro0le"s with this situation that
need to 0e taken care of like Men.
D6 Case La*:
GCase LawG as it is so"eti"es referred, "eans t%$icall% decisions 0% or GO$inionsG of Courts
of +ecord regarding "atters of law. 6oing Legal +esearch can "ean reading lots of Case
Law. 2owe!er, "uch of the infor"ation is a!aila0le on co"$uters. Lots of Case Law is now
a!aila0le on the internet as well, and there is e!en "ore a!aila0le !ia $aid search ser!ices.
Likewise, $rinted !olu"es of Case Law can 0e found in State and Count% Law Li0raries, >In
the 6elra% and .PI Court 2ouses, for e:a"$le), and ;ni!ersit% Law Li0raries.
(here are two "ain co"$anies that $ro!ide electronic Case Law searching: Le:isEJe:is,
and .estlaw. (hese co"$anies also kee$ a wealth of $ersonal infor"ation on %ou as well.
Stuff %ou thought no0od% else knew. 3es, the% know it. >.hen e"$lo%ers do 0ackground
checks, for instance, the% "a% o0tain infor"ation fro" these co"$anies.) ;sing CaseELaw
is how argu"ents are "ade in Court, and generall% s$eaking, the "ore %ou ha!e at hand,
the 0etter off %ou are.
Starting around the earl% ,518Ds, electronic Case Law data0ases >like those fro" Le:is and
.estlaw), started to e"erge, and until recentl% that infor"ation was onl% a!aila0le on an
e:$ensi!e su0scri$tion 0asis. Co"0ined with word $rocessing $rogra"s, a law%er could $ull
case law out of a co"$uter and $aste it into his $leadings in a "uch "ore co"$rehensi!e
and efficient fashion, than sa%, a ProESe litigant who had to use the law li0rar% and a
t%$ewriter or $en. (his was an enor"ous ti"eNcost ad!antage that led to 0oth the state, and
law%ers ulti"atel% 0eing a0le to $roduce "ore lawsuits at a lower cost than $re!iousl%
a!aila0le. (hat has not changed, 0ut now "ost of the sa"e tools and infor"ation are
a!aila0le to the Pu0lic at large, and can >and should) 0e used to eli"inate all
unconstitutional conduct 0% each and e!er% state officer, and likewise reduce the 0urden
that those indi!iduals $lace u$on $ri!ateEsector indi!iduals, and the in!asion of $eo$les
e:istence that the% engage in.
(he state"ents in the $receding $ages that cite a court case as: Plaint v. !eendant, etc,
are an e:a"$le of Case Law. (he following citation or GciteG of a fa"ous ;.S. Case, for
e:a"$le:
Marbury v. Madison, >, Cranch) ,31 >,)83),
Corres$onds to:
Parties, >+ecord) Page >3ear).
- legal GCiteG will usuall% indicate the $arties in the case, the court that decided the "atter,
which record is 0eing Huoted, the $age nu"0er, and the %ear. #ach state has at least one
GofficialG record. (here are also se!eral records of the *ederal s%ste". Pri!ate $u0lishing
co"$anies also $u0lish records of official $roceedings that can 0e cited. (o cite a case, a
rele!ant state"ent fro" the full o$inion is Huoted, and the na"es of the $arties in the case,
Revision: 1359560948 Page 19 of 20
and the Court that issued the o$inion is used. ;sing a G$recedentG to "ake %our clai" is the
general idea. *or e:a"$le, %ou "a% want to tr% to con!ince a Jur% in a *ederal Court that
%our local traffic court, and $olice de$art"ent should sto$ ro00ing %ou 0ecause the ;S
Su$re"e Court has said o!er and o!er that the% should.
D16 (oing Legal 2esearch:
(o use Le:is or .estlaw on co"$uter, tr% the co"$uters at a li0rar% under the *lorida State
;ni!ersit% S%ste". 3our Count%NMunici$al li0rar% "a% ha!e it as well. -l"ost an% decent
li0rar% will ha!e $rinted co$ies of Le:is and .estlaw $roducts. Court 2ouses t%$icall% ha!e
a law li0rar% for legal research. It is a good idea to 0rowse the stacks of a Law Li0rar% in
addition to doing research on the co"$uter. -s an e:ercise, tr% going to the Law Li0rar% in
the Court house, when %ou waiting for %our case, or finished, and look u$ and read the
following Case: "radwell v. #llinois )3 ;.S. ,38 >,)13). >;nited States Su$re"e Court.)
2ere are so"e +eco""ended Legal +esearch 'olu"es:
,) IlackDs Law 6ictionar% EE - !er% si"$le and straightforward wa% to learn the law. Si"$l%
fli$ the $ages and %ou can learn a wealth of legal conce$ts in one sitting. - great wa% to get
started.
7) .ords -nd Phrases ,&A) to 6ate EE (his is an enc%clo$edia set with thousands of $ages
of Court O$inions e:$laining 9ust a0out e!er% legal word and $hrase i"agina0le, and as the
na"e suggests, the o$inions date 0ack to the %ear ,&A).
D116 1nternet Legal 2esources:
State Law E *lorida +e!ised Statutes >*+S), can 0e !iewed online at:
http:88***!leg!state!fl!us8statutes
*lorida State Legislature .e0site.
*ederal Law E ;nites States Code >;.S.C) can 0e !iewed online at:
http:88Thomas!loc!go)
Li0rar% of Congress.
*ederal Court +ules, ;nited States Code:
http:88***!la*!cornell!edu8
Cornell ;ni!ersit%. >(he% 6o - ood Jo0. Please 6onate).
*lorida Court +ules:
http:88***!florida:ar!org8
See: Professional Practice EO +ules of Procedure
Practicing ood Citi=enshi$ #!er% 6a%...
http:88FireACop!com
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