Suing a sheriff in Federal Court

[bongomania]

May of 2004, I was driving east on hiway 50 back to my home in Boulder, CO. I was in Sevier County, Utah. I was driving full speed at 64 mph in my !982, air-cooled, 68 horsepower Volkswagon Vanagon.

deputy hillin pulled me over and claimed I was driving 67 mph in a 65 mph zone. I gave hillin my licensse, registration, and insurance. All cleared and I have no warrants. But hillin asks if he could search my van. I deny his request and simply say I want to be on my way. hillin asks again. I say, "No" again. hillin then asks why I won't let him search and I don't answer himbut instead say, "state your probable cause or let me be on my way".

hillin called in for a drug sniffing K9 and they find a 1/2 oz of sticky icky in the back of my van.

I go to jail. I bail out. I research law in the law library. I get all criminal charges dismissed. I have now filed a pro se 1983 civil rights violation lawsuit in the US federal court in Salt Lake City.

I did interrogatories, depositions (which cost me a ton for a court reporter), and now have a hearing in Dec to see if it goes to trial. I'm not lawyer but I can kick a cop's ass in court!:dance:

[Th3 sand m4n]

good luck with that man sounds like you know your shit. :thumbsup:

[Myth1184]

I actually call this story BS...If he got a drug sniffing Dog to smell your car and he got a hit, he has every right to search your car (so says the Supreme Court of the United States)
Sorry dude but I dont believe this one at all.

Police Officers have what is called Blanket Immunity, meaning you cant sue the individual cop, but if your rights were violated (which they werent), you can only sue the sheriff department, not the individual

[l33t h4x0r]

However, if he was not being held under arrest the officer cannot keep him there and deny his request to leave.

[bongomania]

l33t h4x0r is very correct and Myth1184 is incorrect and owes me an apology for callikng me a liar. After my ID, registration, and insurance all cleared, hillin wasn't allowed to ask me if he could search my vehicle. the US Supreme Court has many times said that once everything clears I could either be given a warning or a citation, unless there is probable cause. there was no probable cause but hillin asked anyway. I denied his request. So hillin continued to break the law and he asked to search my vehicle again. I said, "No" again.
hillin then had the gall to ask me why I wouldn't let him search. I didn't answer his question but merely said, "State your probable cause or let me be on my way." Whereupon I was illegally ordered out of my vehicle, detained, and waited for a drug dog to arrive. ALL ILLEGAL. And smartalleck myth1884 missed the whole fact that I was pulled over and wasn't even speeding!!! everything hillin did to me was illegal. That is why the DA of Sevier County dismissed ALL criminal charges. I then filed a 1983 civil rights violation lawsuit, I'M THE PLAINTIFF IN A CIVIL TRIAL, when I declare that I was driving 64 and hillin claims I was driving 67 my word is believed over hillin's unsubstantiated claim. hillin aknowledges in his arrtest report that I "refused his request" to search my van. He was not allowed to order me out of my van without probable cause. hillin was not alolowed to detain me without probable cause. Myth1184 will always be ignorant of the laws because he chooses to be. Finally there is no such thing as "banket immuntiy" it's called qualified immunity and is only a defense when the cop is staying within the bounds of his jurisdiction, as soon as he violates Constitutional rights he relenquishes any immunity.

[KiEfBoyjBm]

^^
Wow, that's an incredible story. I wish you luck with your trial and hope that cops will get the message and respect our rights a bit. I know how it feels to have your rights trampled, I lacked the courage to fight back as you have.

Happy Tokin'

[bongomania]

Thanks kiefboy aka the kief commander! I have to drive to Salt Lake City for a summary judgement hearing on the 19th of Dec. I live in Boulder, CO so it's about an 14 hour drive in a Volkswagon. I of course want to convince the Magistrate Judge to allow my case to proceed to trial, and defendants' counsel (a Ms Kathleen Liuzzi of Dunn and Dunn law firm) is hoping the case is dismissed. The defendants are sheriff phil barney, deputy adrian hillin, and former deputy (now a truck driver) todd gardner. hillin is the one who pulled me over and arrested me, gardner arrived with the dog, and barney (who at the scene and during depositions seems actually like a decent guy) is responsible whether or not he showed up at the scene because of 'respondeat superior' meaning the master is responsible for his servants.

As of today, I have a ponytail that is halfway down my back and my beard is about 6 months old and very thick. By the end of the week it will all be gone... I'm going to go to the barber and say, "Make me look like a republican." Then I will be ready to see Magistrate Judge Paul M. Warner, first impression are everything. And for the possibility of a HUGE out of court settlement, yeah, I'll cut my hair.:stoned:

[birdgirl73]

Bongomania, Myth didn't call you a liar. He said he simply didn't believe your story, which he's perfectly within his rights to do, even if he's incorrect in not believing you. I'm assuming you don't always believe everything you read, either.

Thank you for your added measure of civility in these more recent responses. If you feel deeply troubled by the fact that you're not believed, however, your best solution would probably be to avoid posting the details of your legal situation on a public forum where doubters are free to reply. You're always going to run into people like that in places like this.

Best of luck with your case.

[bongomania]

Birdgirl you're way cool and I appreciate your feedback, but he did call me a liar, he said specifically that my story was BS. I took offense to that (which I'm sure anyone else would have also if a stranger called them a liar) but I've cooled off.:o I don't like being called a liar,:( which is exactly what he did. He could have just as easily said, "I don't believe this story" or made no comment at all, but to call it BS is calling me a liar.

And with all due respect, I included my story because it might help some stoner someday who gets pulled over and they might know that, "Hey, unless this cop states his probable cause, I don't have to let them to search my car.":)

[birdgirl73]

Bongo, even in your cooled-off state, you're still clearly determined to take great offense at what was said. Myth actually said he "called this story BS" and didn't call you a liar. To do that, he'd have needed to say directly, "You're a liar." There's a difference. A subtle one. But there is a difference. Welcome to subtle differences in meaning and semantics, which, incidentally, the legal world is full of.

Again, if you don't want to open yourself up to responses like Myth's, don't post on a public cannabis forum where people like him troll. Another little tip about Myth: He frequently doubts. And he has never been known to revisit a thread or respond after anyone confronts him. So he's not ever going to see all this noise you're making. With all due respect in return, I also will continue to believe, whether you're doing others a public service or not by publishing your story here, that you'd be far wiser, considering that you have a pending case, to refrain from detailing your case on a public cannabis forum until it has been heard and ruled upon.

[bongomania]

OK, you're right. But where I grew up in NYC, if someone said, "Your full of shit" or "your story is bullshit" that was tantamount to saying you're a liar. But, thanks to your levelheaded discussion, my first realization is, "hey, this ain't NYC" it's a fun gathering of stoners on an anonymous discussion board. So I will no longer take it personally when someone disagrees with me, I will stay much more controlled, just like I have to do when I'm talking with a federal judge about how I was illegally pulled over, illegally searched, and illegally thrown in jail.

As a side note, when I was cuffed and put in the back seat of the copcar to be taken 17 miles to the jail in Richfield, Utah, I told the two cops, "This is the nicest back of a copcar I've ever been in". Which it was, it had real cushioned seats. WOW, just like flying first class. Unlike those rock hard plastic seats that almost all cop cars have. And at the time I didn't know I was in Sevier County until I saw the patch on the shoulder of the transport cops, so I asked, "how do you pronounce that... Sav ee air?"

And they said, "No, it's severe".

I replied, "it sure as the fuck is".

[Zohar]

OK, you're right. But where I grew up in NYC, if someone said, "Your full of shit" or "your story is bullshit" that was tantamount to saying you're a liar. But, thanks to your levelheaded discussion, my first realization is, "hey, this ain't NYC" it's a fun gathering of stoners on an anonymous discussion board. So I will no longer take it personally when someone disagrees with me, I will stay much more controlled, just like I have to do when I'm talking with a federal judge about how I was illegally pulled over, illegally searched, and illegally thrown in jail.

As a side note, when I was cuffed and put in the back seat of the copcar to be taken 17 miles to the jail in Richfield, Utah, I told the two cops, "This is the nicest back of a copcar I've ever been in". Which it was, it had real cushioned seats. WOW, just like flying first class. Unlike those rock hard plastic seats that almost all cop cars have. And at the time I didn't know I was in Sevier County until I saw the patch on the shoulder of the transport cops, so I asked, "how do you pronounce that... Sav ee air?"

And they said, "No, it's severe".

I replied, "it sure as the fuck is".

I kinda agree with you here, although you did get a bit riled up, I think it was justifiable. It's somewhat understandable, police abuse their power often. It's likely quite a rush to be able to assert your rights that this countries founders fought so hard to obtain and protect, one of those things that makes you remember why being an American is a so great.

[DLEEZN]

good luck with the case....im praying ofr you!

[Left]

http://www.mapinc.org/drugnews/v06.n1405.a06.html sais hwy 70 not 50. and now we all know his name.

[keeko]

After my ID, registration, and insurance all cleared, hillin wasn't allowed to ask me if he could search my vehicle. the US Supreme Court has many times said that once everything clears I could either be given a warning or a citation, unless there is probable cause. there was no probable cause but hillin asked anyway. I denied his request. So hillin continued to break the law and he asked to search my vehicle again..

thank you for this story, i was not aware of this^, maybe someday it will help me out. best of luck

[bongomania]

yo Left,

Couldn't really care less if everyone knows my name.:dance: And the reporter doing the story in the Salt Lake Weekly had a typo. I'm not really sure of the point you're trying to make. Either way, I'm the guy with the multimillion dollar lawsuit pending against the Sevier County sheriff and his deputies.:pimp: And I have a summary judgement hearing on Dec. 19 in the federal court. (If the judge decides this should go to trial, I am looking for a considerable out of court settlement... and you're not).

And Keeko, I'm glad you are smart enough to realize the service I was trying to enable everyone with, a little knowledge of the law goes a long way.

For instance, if you consent to a search while the cop is still holding your ID, you can easily get it thrown out of court (if the cop is holding your ID, your consent to search was not given freely).

[Markass]

I actually call this story BS...If he got a drug sniffing Dog to smell your car and he got a hit, he has every right to search your car (so says the Supreme Court of the United States)
Sorry dude but I dont believe this one at all.

Police Officers have what is called Blanket Immunity, meaning you cant sue the individual cop, but if your rights were violated (which they werent), you can only sue the sheriff department, not the individual


He had no initial probable cause to even bring in the drug-sniffing dog though. Something would have to constitute the need for the dog, such as an odor, or drugs or paraphenlelia in plain sight. Know your rights :thumbsup:

[Hamlet]

Couldn't really care less if everyone knows my name. And the reporter doing the story in the Salt Lake Weekly had a typo. I'm not really sure of the point you're trying to make. Either way, I'm the guy with the multimillion dollar lawsuit pending against the Sevier County sheriff and his deputies. And I have a summary judgement hearing on Dec. 19 in the federal court. (If the judge decides this should go to trial, I am looking for a considerable out of court settlement... and you're not).

I'm skeptical that you're going to see any big settlement because the 'powers that be' protect their own.

But regardless...you're a hero dude! Fight the good fight for us all and help keep the fascists on a leash! Nothing would put the point across more acutely that the 'stormtrooper' shit won't be tolerated than some government agency having to fork over a sizable chunk of revenue. You rule! :)

[marvelous22]

Take care of business for all of us bongo!

[Left]

My point in posting was to prove you won your first case for those who thought that the officer was within his legal perameters to conduct the search. I did not mean to criticize or anything of that nature. Good luck in court is all.

[NSTassel]

Good luck, sound like you're on the right track. True, once the ticket was written, even if proper, the cop has to let you on your way without probable cause that a crime has been committed or reasonable suspicion that warrants further investigation. And there can be personal liability for the cop for a civil rights violation, though the agency covers any liability.

You should be careful when it comes to trying the case, that's not easy. At least bone up on evidence law. And too, you might win and obtain only a small judgement given that you did not go to jail for any real period of time. You hear about verdicts of $1 sometimes. The federal civil rights laws provide for attorney's fees to be paid if you win even a dollar. Having gone this far, you might want to discuss with a lawyer to take the case the rest of the way. Their fees will get paid and the presence of a lawyer and the potential for the fees may force a settlement. Good luck again.

[cpguitar1]

l33t h4x0r is very correct and Myth1184 is After my ID, registration, and insurance all cleared, hillin wasn't allowed to ask me if he could search my vehicle. the US Supreme Court has many times said that once everything clears I could either be given a warning or a citation, unless there is probable cause. there was no probable cause but hillin asked anyway. I denied his request. So hillin continued to break the law and he asked to search my vehicle again. I said, "No" again.


Actually you're slightly off-base here. He is allowed at any time to ask if you will consent to a search of your vehicle - there is absolutely nothing about that which violates your rights. However, you DO have the right to refuse at which point he must provide at the very least a "reasonable articulable suspicion" for minimally intrusive inspections for weapons (see Terry v. Ohio), or probable cause for a full out search/arrest for any form of illegal contraband (Wong Sun is one of the big cases you might look at or that).

On the K-9 issue, it would not have been illegal for the dog to have sniffed your car while he was running the license checks, etc... if he had the dog with him. Where the officer went astray was when he denied your request to leave after he had no reasonable articulable suspicion to hold you further. At that point the stop had turned into a detention where a "reasonable person would not have felt free to leave" and very well might have crossed the boundary into an arrest.

All this being said, i submit that you got lucky. The DA could have potentially won on an opposition to the suppression motion, arguing that your evident "nervousness" and maybe even a furtive gesture/motion thrown in may have provided a reasonable articulable suspicion in light of the officer's training and experience in dealing with narcotics. Not saying that this would be the right thing, but I've seen it done in my time working with the US Attorney's Office.

Good work handling your case though, and best of luck.

[nikweiser]

wow big whoops 2 mph over what a dickhead. he had no right to search you he broke the..... 4th? amendment the right to searches and sezuires (cant spell i dont care)
correct me if im wrong on the amendment though

[motorcycletony222]

The point is not what the dude in the van did or did not do. The point is that the popos in Sevier County are and have been in the business of violating peoples right to be secure against unreasonable searches. If its the policy of the sheriffs office, either written or unwritten, to pull over autos to find evidence of greater crimes, which is illegal, then it makes the popos the criminals. Put their ass in the Pen. And Myth you are such a cop. Dumb ass.

[JackdaWack]

i dont think there allowed to make you sit there and wait, unless its during the license check, but even then there only allowed to stop you for so long, Detainment can be a thin line to a cop, what you have to do is, suggest he's breaking your rights as if you have insight to the situation, adress his situation, dont act like you have the power over him to acknowlege your rights but its just simple and you feel the situtaion is neccessary to apply them. With out any cause to search your car, no matter what he finds is expelled in court. So dont sweat it, either way if he breaks your rights, thats alot worse, + abuse of power. I ussually dont run into to many problems with officers. If its a clean stop, i ussually adress him first chance give him my shit and smile, cause it could be worse, and they respect it when u make it comfterable for them and it eases suspicion.