Roger Dennis Fleury Jr.
Sep 04, 2013 9:19 AM22. NOTICE TO DEFENDANT(S): Pursuant to U.S.C. Title 42 Chapter 21 � 1981 and � 1983. take notice of the following:
a. The amount sought for relief is set forth in the last paragraph of the Complaint.
b. The names of the PLAINTIFFS seeking relief are set forth at the top of the Complaint and described as �PLAINTIFFS.�
c. If a person making an arrest never identifies themselves, a detainee has cause to believe s/he is the target of kidnapping and assault.
d. An arrest is presumed to be false. The Officer (Agent) has the burden of proof.
1. �The only thing the plaintiff needs to plead and to prove if alleging false arrest, is either (1) that the defendant made an arrest or imprisonment, or (2) that the defendant affirmatively instigated, encouraged, incited, or caused the arrest or imprisonment.� Burlington v. Josephson, 153 Fed.2d 372,276 (1946).
2. �When the plaintiff has shown that he was arrested, imprisoned or restrained of his liberty by the defendant, "the law presumes it to be unlawful.� People v. McGrew, 20 Pac. 92 (1888); Knight v. Baker, 133 P. 544(1926).
3. �The burden is upon the defendant to show that the arrest was by authority of law." McAleer v. Good, 65 Atl. 934, 935 (1907); Mackie v. Ambassador, 11 P.2d 6 (1932).
4. �As in the case of illegal arrests, the officer ... must keep within the law at his peril.� Thiede v. Scandia, 217 Minn. 231, 14 N.W.2d 400 (1944).
e. An arresting agent must show warrant upon request.
1. �He must show it to the accused, if requested to do so.� Smith v. State, 208 S.2d 747 (Miss., 1968).
2. �If demanded, he must produce the warrant and read it to the accused, that he may know by what authority and for what cause he is deprived of his liberty.� State v. Shaw, 89 S.E. 322 (1916).
3. �An accused person, if he demands it, is entitled to have the warrant for his arrest shown to him at the time of arrest.� 42 L.R.A. 682, 51 L.R.A. 211, Crosswhite v. Barnes, 124 S.E. 242, 245 (1924).
4. �A special deputy is bound to show his warrant if requested to do so, and if he omit, the party against whom the warrant issues may resist an arrest, and the warrant under such circumstances is no protection against an action for an assault, battery and false imprisonment.� Frost v. Thomas, 24 Wendell's Rep. (N.Y.) 418, 419 (1840).
5. �It is doubtless the duty of an officer who executes a warrant of arrest to state the nature and substance of the process which gives him the authority he professes to exercise, and, if it is demanded, to exhibit his warrant, that the party arrested may have no excuse for resistance.� Shovlon v. Com., 106 Pa. 369, 5 Am. Crim. Rep. 41 (1884)
6. �It was the duty of an officer who attempts to make an arrest to exhibit the warrant if he has one.� Jones v. State, 114 Ga. 79, 39 S.E. 861 (1901)
f. False arrest is assault and battery.
1. �An illegal arrest is an assault and battery. The person so attempted to be restrained of his liberty has the same right, and only the same right, to use force in defending himself as he would have in repelling any other assault and battery.� State v. Robinson, 72 Atl.2d 262 (1950).
2. �An arrest without warrant is a trespass, an unlawful assault upon the person ... where one is about to be unlawfully deprived of his liberty he may resist the aggressions of the offender, whether of a private citizen or a public officer, to the extent of taking the life of the assailant, if that be necessary to preserve his own life, or prevent infliction upon him of some great bodily harm.� State v. Gum, 69 S.E. 464 (1910).
3. �Every person has the right to resist an unlawful arrest ... and, in preventing such illegal restraint of his liberty, he may use such force as may be necessary.� Columbus v. Holmes, 152 N.E.2d 306 (1958).
g. Placing a person in handcuffs without consent is unlawful.
1. �But a constable cannot justify handcuffing a prisoner unless he has attempted to escape, or unless it be necessary in order to prevent his doing so.� 51 L.R.A. 216.
2. �The handcuffing was utterly unlawful.� Osborn v. Veitch 1 Foster & Fin Eng Rep 317.
h. Fingering and photographing a suspect without consent prior to conviction is unlawful.
1. "To detain the person arrested in custody for any purpose other than that of taking him before a magistrate is illegal.� Kominsky v. Durand, 12 Atl.2d. 654 (1940).
2. �Compulsory fingerprinting before conviction is an unlawful encroachment...[and] involves prohibited compulsory self-incrimination.� People v. Helvern, 215 N.Y. Supp. 417 (1926)
3. 'The taking of the plaintiff�s picture before conviction was an illegal act.� Hawkins v. Kuhne, 137 NY Supp 1090, 153 App Div 216 (1912).
4. Any undue delay is unlawful and wrongful, and renders the officer himself and all persons aiding and abetting therein wrongdoers from the beginning.� Ulvestad v. Dolphin, 278 Pac. 684 (1929).
NOTICE TO AGENT IS NOTICE TO PRINCIPLE. NOTICE TO PRINCIPLE IS NOTICE TO AGENT.
WHEREFORE, judgment is demanded against DEFENDANTS in the amount of $ 347,180.00 for relief of damages including, to the exclusion of no other: false arrest and imprisonment, malicious prosecution, abuse of process, kidnapping, assault, pain and discomfort, fear of harm, loss of liberty, sleep deprivation, mental stress, duress, defamation, embarrassment, lodging, plus all costs herein expended, and other relief to which the PLAINTIFFS may appear entitled jointly or severally. FURTHERMORE, the PLAINTIFFS respectfully request all records of the false arrest and charge related to Case No. GS636478 filed in the Davidson County Clerk's Office be expunged from the public record forthwith.
Unique Facebook User ID:
Last Updated: Sep 04, 2013 9:19 AM
Type of Post:
Place of Post: