This Is Your Civil Rights Legal Web Site Helper & Law School and Court Helper ! WESTLAW UPDATES + DISHONORABLE JUDGES.COM + WOMAN CIVIL RIGHTS !
BELOW IS THE SPOKANE, WASHINGTON 99260 USA THE SHERIFF & THE POLICE DEPT CODE OF ETHICS As a law enforcement officer, my fundamental obligation is to uphold the constitutional rights and freedoms of the people whom I have been sworn to protect....
I vow to perform all my duties in a professional and competent manner. I consider the ability to be courageous in the face of danger and exercise restraint in the use of my powers and authorities to be the ultimate public trust. I accept that I must consistently strive to achieve excellence in learning the necessary knowledge and skills associated with my duties. I will keep myself physically fit and mentally alert so that I am capable of performing my duties according to the standards of quality expected of my position.
I vow to be fully truthful and honest in my dealings with others. I deplore lies and half-truths that mislead or do not fully inform those who must depend upon my honesty. I will obey the very laws I am sworn to uphold. I will seek affirmative ways to comply with the standards of my agency and the lawful directions of my supervisors.
I vow to treat others with courtesy at all times. I consider it to be a professional weakness to allow another’s behavior to dictate my response. I will not allow others’ actions or failings to be my excuse for not performing my duties in a responsible, professional and expected manner.
I vow to empathize with the problems of people whom I come in daily contact. However, I cannot allow my personal feelings, prejudices, animosities, or friendships to influence the discretionary authorities entrusted to me. I will affirmatively seek ways to avoid conflicts and potential conflicts of interest that could compromise my official authority or public image.
While I consider the way I choose to conduct my private affairs a personal freedom, I accept the responsibilities for my actions, as well as inactions, while on-duty or off-duty, when those actions bring disrepute on the public image of my employer, my fellow officers, and the law enforcement profession.
I hold the authority inherent in my position to be an affirmation of the public’s trust in me as a law enforcement officer. I do not take this trust lightly. As long as I remain in this position, I will dedicate myself to maintaining this trust and upholding all the ideals of the law enforcement profession.
IN YOUR CASE ! Mr. Randles P. Tompkins + Pro-Se OUR CODE OF ETHICS ! IS VOID IN YOUR CASE”S & YOU DO NOT HAVE ANY CIVIL RIGHTS & MY OFFICERS AND OR DEPUTY DO NOT HAVE TO FOLLOW ANY LOCAL RULE”S AT ALL !
Sheriffs & Police or FBI Brutality - False Arrest Lawsuits
One of the most frequently abused police powers is the ability of law enforcement officers to detain and arrest people for no reason. False Arrest is easier to quantify than excessive force, because while the amount of power needed to perform a job is questionable, the ability to detain a person suspected of a crime is very clear and detailed.
Although police can only detain people on the grounds of “reasonable suspicion” or because of probable cause that the person has committed a crime, some unscrupulous officers use their power to arrest people for their own personal reasons. This flagrant abuse of power undermines the trust and faith people have in those they pay to protect them.
If you have been subjected to a false arrest you may have the right to seek damages against those who are liable. You need to have dedicated and experienced counsel in order to pursue justice against those who abuse their power as law enforcement officers. You need not be a victim of unchecked power any longer.
Sheriffs & Police or FBI Brutality - Abuse of Power
Abuse of power is a catch-all term for the ways police officers can abuse their positions in law enforcement to take advantage of those they are supposed to serve and protect. Police officers are bound by United States Code 42, section 1983 that states any person who acts as a law enforcement officer is liable for any offenses they commit in violation of a person’s civil rights.
As part of their jobs, police can detain, arrest, and kill people. Although most peace officers take their duty to protect and serve the public very seriously, a small percentage will always abuse their power to fulfill selfish personal desires and goals. Abuse of police power usually includes excessive force, false arrest, assault, and illegal killings. Many people who are victims of police abuse of power feel they have no recourse or ability to take action against those who injure them.
Fortunately, those who enforce the law are not above the law. If you or someone you know has been a victim of abuse of power you may have the right to seek compensation for the injury and damage you suffer. Take action against those who abuse their power and cause you harm. Contact a dedicated and experienced lawyer today.
Sheriffs & Police or FBI Misconduct
We trust that law enforcement officers will not take advantage of their positions of authority, and respect the constitutionally guaranteed rights of every citizen of the United States. Police misconduct occurs when officers of the law violate someone's constitutional rights. When police violate rights both the officer and their agency can be held liable in both civil and criminal courts.
Civil police misconduct can include a wide range of topics that can sometimes be vague and confusing. No officer can continually deprive a person of their constitutionally rights without good cause. One incident does not usually establish a pattern, and it courts can pass injunctions against officers in order to prevent further police misconduct. Furthermore, officers cannot discriminate unfairly based on race or ethnicity.
Criminal police misconduct involves the deprivation of constitutional rights in a criminally inappropriate way. There is also no requirement that the police are discriminatory in any way. Typical examples of police misconduct include excessive force, sexual assault, intentional false arrest, and fabrication of evidence. It is important to retain any kind of documentation in the types of cases, for it will allow you to better illustrate your side of the case.
If you or someone you love was the victim of police misconduct, you may be entitled to take legal action against those responsible, and claim financial restitution based on your situation. You must not hesitate, because statute of limitation laws can restrict the amount of time you have to press your case. Let a dedicated and experienced police misconduct lawyer help you today..
Political Corruption by The Sheriff or Police Dept or by District Court & Superior Court & Court of Appeals of Wa. State or Supreme Court of Wa. State Political Corruption is the use of legislated powers by government officials for illegitimate private gain. Misuse of government power for other purposes, such as repression of political opponents and general police brutality, is not considered political corruption. Neither are illegal acts by private persons or corporations not directly involved with the government. An illegal act by an officeholder constitutes political corruption only if the act is directly related to their official duties.& per 42 USC 1983 + U.S. CONSTITUTION & Civil Rights !
This Is Your Civil Rights Helper & FBI / CIA Civil Rights Legal & Law School Helper!
U.S. law enforcement officers and other officials like judges, prosecutors, and security guards have been given tremendous power by local, state, and federal government agencies—authority they must have to enforce the law and ensure justice in our country. These powers include the authority to detain and arrest suspects, to search and seize property, to bring criminal charges, to make rulings in court, and to use deadly force in certain situations. Preventing abuse of this authority, however, is equally necessary to the health of our nation’s democracy. That’s why it’s a federal crime for anyone acting under “color of law” willfully to deprive or conspire to deprive a person of a right protected by the Constitution or U.S. law. “Color of law” simply means that the person is using authority given to him or her by a local, state, or federal government agency.
The FBI is the lead federal agency for investigating color of law abuses, which include acts carried out by government officials operating both within and beyond the limits of their lawful authority. Off-duty conduct may be covered if the perpetrator asserted his or her official status in some way.
During 2009, the FBI investigated 385 color of law cases. Most of these crimes fall into five broad areas:
• excessive force; • sexual assaults; • false arrest and fabrication of evidence; • deprivation of property; and • failure to keep from harm.
Excessive force: In making arrests, maintaining order, and defending life, law enforcement officers are allowed to use whatever force is "reasonably" necessary. The breadth and scope of the use of force is vast—from just the physical presence of the officer…to the use of deadly force. Violations of federal law occur when it can be shown that the force used was willfully "unreasonable" or "excessive."
Sexual assaults by officials acting under color of law can happen in jails, during traffic stops, or in other settings where officials might use their position of authority to coerce an individual into sexual compliance. The compliance is generally gained because of a threat of an official action against the person if he or she doesn’t comply.
False arrest and fabrication of evidence: The Fourth Amendment of the U.S. Constitution guarantees the right against unreasonable searches or seizures. A law enforcement official using authority provided under the color of law is allowed to stop individuals and, under certain circumstances, to search them and retain their property. It is in the abuse of that discretionary power—such as an unlawful detention or illegal confiscation of property—that a violation of a person's civil rights may occur.
Fabricating evidence against or falsely arresting an individual also violates the color of law statute, taking away the person’s rights of due process and unreasonable seizure. In the case of deprivation of property, the color of law statute would be violated by unlawfully obtaining or maintaining a person’s property, which oversteps or misapplies the official’s authority.
The Fourteenth Amendment secures the right to due process; the Eighth Amendment prohibits the use of cruel and unusual punishment. During an arrest or detention, these rights can be violated by the use of force amounting to punishment (summary judgment). The person accused of a crime must be allowed the opportunity to have a trial and should not be subjected to punishment without having been afforded the opportunity of the legal process.
Failure to keep from harm: The public counts on its law enforcement officials to protect local communities. If it’s shown that an official willfully failed to keep an individual from harm, that official could be in violation of the color of law statute.
Filing a Complaint
To file a color of law complaint, contact your local FBI office by telephone, in writing, or in person. The following information should be provided:
• all identifying information for the victim(s); • as much identifying information as possible for the subject(s), including position, rank, and agency employed; • date and time of incident; • location of incident; • names, addresses, and telephone numbers of any witness(es); • a complete chronology of events; and • any report numbers and charges with respect to the incident.
You may also contact the United States Attorney's Office in your district or send a written complaint to:
Assistant Attorney General Civil Rights Division Criminal Section 950 Pennsylvania Avenue, Northwest Washington, DC 20530
FBI investigations vary in length. Once our investigation is complete, we forward the findings to the U.S. Attorney’s Office within the local jurisdiction and to the U.S. Department of Justice in Washington, D.C., which decide whether or not to proceed toward prosecution and handle any prosecutions that follow.
Title 42, U.S.C., Section 14141 makes it unlawful for state or local law enforcement agencies to allow officers to engage in a pattern or practice of conduct that deprives persons of rights protected by the Constitution or U.S. laws. This law, commonly referred to as the Police Misconduct Statute, gives the Department of Justice authority to seek civil remedies in cases where law enforcement agencies have policies or practices that foster a pattern of misconduct by employees. This action is directed against an agency, not against individual officers. The types of issues which may initiate a pattern and practice investigation include:
• Lack of supervision/monitoring of officers' actions; • Lack of justification or reporting by officers on incidents involving the use of force; • Lack of, or improper training of, officers; and • Citizen complaint processes that treat complainants as adversaries.
Under Title 42, U.S.C., Section 1997, the Department of Justice has the ability to initiate civil actions against mental hospitals, retardation facilities, jails, prisons, nursing homes, and juvenile detention facilities when there are allegations of systemic derivations of the constitutional rights of institutionalized persons. The vast majority of the law enforcement officers in this country perform their very difficult jobs with respect for their communities and in compliance with the law. Even so, there are incidents in which this is not the case. This document outlines the laws enforced by the United States Department of Justice (DOJ) that address police misconduct and explains how you can file a complaint with DOJ if you believe that your rights have been violated.
Federal laws that address police misconduct include both criminal and civil statutes. These laws cover the actions of State, county, and local officers, including those who work in prisons and jails. In addition, several laws also apply to Federal law enforcement officers. The laws protect all persons in the United States (citizens and non-citizens).
Each law DOJ enforces is briefly discussed below. In DOJ investigations, whether criminal or civil, the person whose rights have been reportedly violated is referred to as a victim and often is an important witness. DOJ generally will inform the victim of the results of the investigation, but we do not act as the victim's lawyer and cannot give legal advice as a private attorney could.
The various offices within DOJ that are responsible for enforcing the laws discussed in this document coordinate their investigation and enforcement efforts where appropriate. For example, a complaint received by one office may be referred to another if necessary to address the allegations. In addition, more than one office may investigate the same complaint if the allegations raise issues covered by more than one statute. What is the difference between criminal and civil cases?Criminal and civil laws are different. Criminal cases usually are investigated and handled separately from civil cases, even if they concern the same incident. In a criminal case, DOJ brings a case against the accused person; in a civil case, DOJ brings the case (either through litigation or an administrative investigation) against a governmental authority or law enforcement agency. In a criminal case, the evidence must establish proof "beyond a reasonable doubt," while in civil cases the proof need only satisfy the lower standard of a "preponderance of the evidence." Finally, in criminal cases, DOJ seeks to punish a wrongdoer for past misconduct through imprisonment or other sanction. In civil cases, DOJ seeks to correct a law enforcement agency's policies and practices that fostered the misconduct and, where appropriate, may require individual relief for the victim(s).
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. Enforcement of these provisions does not require that any racial, religious, or other discriminatory motive existed. What remedies are available under these laws?Violations of these laws are punishable by fine and/or imprisonment. There is no private right of action under these statutes; in other words, these are not the legal provisions under which you would file a lawsuit on your own.
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. In order to be covered by this law, the misconduct must constitute a "pattern or practice" -- it may not simply be an isolated incident. The DOJ must be able to show in court that the agency has an unlawful policy or that the incidents constituted a pattern of unlawful conduct. However, unlike the other civil laws discussed below, DOJ does not have to show that discrimination has occurred in order to prove a pattern or practice of misconduct. What remedies are available under this law?The remedies available under this law do not provide for individual monetary relief for the victims of the misconduct. Rather, they provide for injunctive relief, such as orders to end the misconduct and changes in the agency's policies and procedures that resulted in or allowed the misconduct. There is no private right of action under this law; only DOJ may file suit for violations of the Police Misconduct Provision.
Together, these laws prohibit discrimination on the basis of race, color, national origin, sex, and religion by State and local law enforcement agencies that receive financial assistance from the Department of Justice. (42 U.S.C. § 2000d, et seq. and 42 U.S.C. § 3789d(c)). Currently, most persons are served by a law enforcement agency that receives DOJ funds. These laws prohibit both individual instances and patterns or practices of discriminatory misconduct, i.e., treating a person differently because of race, color, national origin, sex, or religion. The misconduct covered by Title VI and the OJP (Office of Justice Programs) Program Statute includes, for example, harassment or use of racial slurs, unjustified arrests, discriminatory traffic stops, coercive sexual conduct, retaliation for filing a complaint with DOJ or participating in the investigation, use of excessive force, or refusal by the agency to respond to complaints alleging discriminatory treatment by its officers. What remedies are available under these laws?
The Americans with Disabilities Act (ADA) and Section 504 prohibit discrimination against individuals with disabilities on the basis of disability. (42 U.S.C. § 12131, et seq. and 29 U.S.C. § 794). These laws protect all people with disabilities in the United States. An individual is considered to have a "disability" if he or she has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment.
The ADA prohibits discrimination on the basis of disability in all State and local government programs, services, and activities regardless of whether they receive DOJ financial assistance; it also protects people who are discriminated against because of their association with a person with a disability. Section 504 prohibits discrimination by State and local law enforcement agencies that receive financial assistance from DOJ. Section 504 also prohibits discrimination in programs and activities conducted by Federal agencies, including law enforcement agencies.
These laws prohibit discriminatory treatment, including misconduct, on the basis of disability in virtually all law enforcement services and activities. These activities include, among others, interrogating witnesses, providing emergency services, enforcing laws, addressing citizen complaints, and arresting, booking, and holding suspects. These laws also prohibit retaliation for filing a complaint with DOJ or participating in the investigation.
What remedies are available under these laws? If you would like to file a complaint alleging a violation of the criminal laws discussed above, you may contact the Federal Bureau of Investigation (FBI), which is responsible for investigating allegations of criminal deprivations of civil rights. You may also contact the United States Attorney's Office (USAO) in your district. The FBI and USAOs have offices in most major cities and have publicly-listed phone numbers. In addition, you may send a written complaint to: Criminal Section Civil Rights Division U.S. Department of Justice P.O. Box 66018 Washington, D.C. 20035-6018
If you would like to file a complaint alleging violations of the Police Misconduct Statute, Title VI, or the OJP Program Statute, you may send a written complaint to: Coordination and Review Section Civil Rights Division U.S. Department of Justice P.O. Box 66560 Washington, D.C. 20035-6560
You may also call the Coordination and Review Section's toll-free number for information and a complaint form, at (888) 848-5306 (voice and TDD).
If you would like to file a complaint alleging discrimination on the basis of disability, you may send a written complaint to: Disability Rights Section Civil Rights Division U.S. Department of Justice P.O. Box 66738 Washington, D.C. 20035-6738
You may also call the Disability Rights Section's toll-free ADA Information Line at (800) 514-0301 (voice) or (800) 514-0383 (TDD).
How do I file a complaint about the conduct of a law enforcement officer from a Federal agency?
If you believe that you are a victim of criminal misconduct by a Federal law enforcementofficer (such as the Immigration and Naturalization Service; the FBI; the Customs Service; Alcohol, Tobacco, and Firearms; or the Border Patrol), you should follow the procedures discussed above concerning how to file a complaint alleging violations of the criminal laws we enforce. If you believe that you have been subjected by a Federal law enforcement officer to the type of misconduct discussed above concerning "Federal Civil Enforcement," you may send a complaint to the Coordination and Review Section, at the address listed above. That office will forward your complaint to the appropriate agency and office.
What information should I include in a complaint to DOJ?
Your complaint, whether alleging violations of criminal or civil laws listed in this document, should include the following information: Your name, address, and telephone number(s).The name(s) of the law enforcement agency (or agencies) involved. A description of the conduct you believe violates one of the laws discussed above, with as many details as possible. You should include: the dates and times of incident(s); any injuries sustained; the name(s), or other identifying information, of the officer(s) involved (if possible); and any other examples of similar misconduct. The names and telephone numbers of witnesses who can support your allegations. If you believe that the misconduct is based on your race, color, national origin, sex, religion, or disability, please identify the basis and explain what led you to believe that you were treated in a discriminatory manner (i.e., differently from persons of another race, sex, etc.).
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