Tag: wrongful arrest

Supreme Court strikes obstruction charge used for hundreds of Jan. 6 rioters

Federal prosecutors improperly charged a Jan. 6 defendant with obstruction, a divided Supreme Court ruled on Friday, likely upending many cases against rioters who disrupted the certification of the 2020 presidential election.

After the Jan. 6, 2021 attack on the Capitol, federal prosecutors charged more than 350 participants in the pro-Trump mob with obstructing or impeding an official proceeding. The charge carries a 20-year maximum penalty and is part of a law enacted after the exposure of massive fraud andshredding of documents during the collapse of the energy giant Enron.

Writing for the majority, Chief Justice John G. Roberts Jr. said the government’s broad reading of the statute would give prosecutors too much discretion to seek a 20-year maximum sentence “for acts Congress saw fit to punish only with far shorter terms of imprisonment.”

To use the statute, he wrote, the government must establish that a defendant “impaired the availability or integrity” of records, documents or other objects used in an official proceeding.

In dissent, Justice Amy Coney Barrett — joined by Justices Sonia Sotomayor and Elena Kagan — said the court’s reading of the obstruction statute is too limited and requires the majority to do “textual backflips to find some way — any way — to narrow the reach” of the law.

Friday’s ruling has the potential to affect the convictions and sentences of a small set of rioters — around 27— who are serving time in prison for only this felony. It also could impact about 110 more who are awaiting trial or sentencing, according to prosecutors.In addition, the ruling may affect former president Donald Trump’s stalled trialfor allegedly trying to remain in power after his 2020 defeat; two of the four charges he faces are based on the obstruction statute, and he could move to have those charges dismissed.

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Woman spent a MONTH in jail because police mistook dried SpaghettiO’s residue on a spoon for meth before crime lab tests finally realized their error

A Florida woman is free to eat pasta in her car once again after serving a month in jail because cops confused a crusty spoon in her possession with SpaghettiO’s residue as being the drug methamphetamine.

  • Ashley Gabrielle Huff, 23, was arrested on July 2 by police after they suspected her of having meth residue on a spoon that was actually sauce
  • Huff served one month in jail because she could not make court dates or pay bond and even considered admitting to a crime she did not commit
  •  The Crime Lab report showed no controlled substances on the spoon submitted for testing,’ said Judicial Circuit District Attorney Lee Darragh

Ashley Gabrielle Huff, 23, was arrested on July 2 by the Gainesville police department after they suspected her of having meth residue on a spoon in her car that she hard pressed was SpaghettiO’s residue.

She was released from Hall County Jail on Thursday after a crime lab analysis confirmed that the spoon had sauce residue instead of drugs, reports The Gainesville Times.

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SCOTUS Makes It Easier for Victims of Retaliatory Arrests To Vindicate Their First Amendment Rights

When someone claims to have been arrested in retaliation for constitutionally protected speech, what sort of evidence is necessary to make that case? Five years ago in Nieves v. Bartlett, the Supreme Court held that an arrest can violate the First Amendment even if it was based on probable cause, provided the claimant can present “objective evidence that he was arrested when otherwise similarly situated individuals not engaged in the same sort of protected speech had not been.” Today in Gonzalez v. Trevino, the Court said that showing does not require “very specific comparator evidence” indicating that “identifiable people” engaged in very similar conduct but were not arrested.

“This is a great day for the First Amendment and Sylvia Gonzalez, who has courageously fought against retaliatory actions by government officials,” says Anya Bidwell, a senior attorney at the Institute for Justice, which represents Gonzalez, a former Castle Hills, Texas, city council member who says her political opponents engineered her arrest on a trumped-up charge of tampering with a government document. The document in question was a petition that Gonzalez herself had spearheaded, calling for the replacement of City Manager Ryan Rapelye. Gonzalez had run for office on a promise to seek Rapelye’s removal, and she claimed his allies were determined to punish her for that position.

During a May 2019 city council meeting that addressed complaints about Rapelye’s performance, Gonzalez picked up the petition, which had been presented to the council, and placed it in her personal folder. She says she did that accidentally. But Mayor Edward Trevino, Police Chief John Siemens, and Alexander Wright, a “special detective” assigned to investigate Gonzalez, accused her of deliberately removing the document to avoid scrutiny of alleged improprieties in collecting signatures for the petition.

As a result, Gonzalez was briefly jailed and suffered the attendant damage to her reputation. Bexar County District Attorney Joe Gonzales, according to Gonzalez’s Supreme Court petition, “dropped the charges as soon as he learned about them.” Trevino et al. nevertheless achieved what Gonzalez says was their goal all along. “Gonzalez was so hurt by the experience and so embarrassed by the media coverage of her arrest,” the petition says, that “she gave up her council seat and swore off organizing petitions or criticizing her government.”

In July 2022, the U.S. Court of Appeals for the 5th Circuit rejected Gonzalez’s First Amendment claim against Trevino, Siemens, and Wright, saying it was doomed by her failure to cite other cases in which people had not been arrested for conduct like hers. “Were we writing on a blank slate,” Judge Kurt D. Engelhardt wrote in the majority opinion, “we may well agree” that “the Constitution ought to provide a claim here, particularly given that Gonzalez’s arrest was allegedly in response to her exercise of her right to petition.” But “Nieves requires comparative evidence,” he said, “because it required ‘objective evidence’ of ‘otherwise similarly situated individuals’ who engaged in the ‘same’ criminal conduct but were not arrested. The evidence Gonzalez provides here comes up short.”

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A Florida Man Was Arrested for Filming Marion County Sheriff’s Deputies. Now He’s Suing.

A Florida man has filed a federal civil rights lawsuit three years after a Marion County sheriff’s deputy arrested him for filming officers from a public sidewalk.

In 2021, Marion County Sheriff’s Deputy Neil Rosaci arrested George Nathansen and charged him with obstruction of justice for refusing to follow his orders to leave the scene of an investigation. However, body camera footage showed Nathansen standing at least 30 feet away on a public sidewalk before Rosaci walked over and handcuffed him.

In Nathansen’s lawsuit, filed last Friday in the U.S. District Court for the Middle District of Florida, he alleges that Rosaci and the Marion County Sheriff’s Office (MCSO) violated his Fourth Amendment and Fourteenth Amendment rights by falsely arresting and incarcerating him.

Numerous federal appeals courts have ruled that filming the police is protected under the First Amendment, but police around the country continue to illegally arrest people for it. The Justice Department released a report this month on pervasive civil rights violations by the Phoenix Police Department, including retaliating against citizens who were trying to record them. Earlier this year, Texas prosecutors dropped charges against a citizen journalist who was arrested, strip-searched, and jailed for filming police.

Nathansen’s case is yet another example of police retaliation against someone for core First Amendment activities.

The incident began on July 24, 2021, when Rosaci arrived at the scene of a car crash. While deputies were talking to the two parties involved in the accident, Nathansen arrived and began filming with his cell phone. There are a growing number of self-styled “First Amendment auditors” around the country who record police interactions and post them online. (In response to alleged harassment, several states have passed dubious “buffer-zone” laws that criminalize being too close to a first responder.) 

Rosaci’s body camera footage, obtained by the Ocala Post, showed that Nathansen was filming near the deputies’ cars when Rosaci first shooed him away and told him, “You can stand on the sidewalk over there.”

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California Cops Locked an Innocent Man in a Sex Offender Unit for 3 Days

In 2021, Whittier, California, police arrested Victor Manuel Martinez Wario on an outstanding warrant related to a 2012 child molestation conviction. The only problem? Police had arrested the wrong person. However, despite Wario frequently telling police he didn’t have any warrants out for his arrest, they didn’t bother to check—leaving Wario imprisoned for five days. 

Now, Wario is suing, claiming that police negligence amounted to a violation of his Fourth Amendment rights against unreasonable search and seizure. The officer’s actions caused Wario to suffer “emotional and mental trauma,” according to the suit. “He also missed time at work, and was unable to provide care to his disabled fiancée.”

In March 2021, Wario was pulled over by several Whittier police officers for a minor traffic violation. During the stop, police mistakenly found that he had an active warrant out for his arrest. Even though Wario denied that he had any active warrants, he was still arrested and booked into a nearby jail.

According to the lawsuit, during the booking process, police told Wario that the warrant originated from Wario’s failure to register as a sex offender and “check in with the probation department” after a 2012 conviction for child molestation. Wario again “adamantly told them that they had the wrong person,” the complaint reads. But, again, no one decided to double-check that the police had arrested the correct person.

Two days later, Wario was transferred to another jail. This time, “he was assigned special housing for custodies with child molestation cases, given a specially colored jumpsuit indicating his status as a sex offender, and a wristband was placed on his wrist also showing that his case involved child molestation,” the suit reads. “Because of his perceived status as a convicted child molester, Mr. Wario was in serious jeopardy of being attacked by fellow inmates.”

That day, he was taken to be arraigned. During a brief discussion with his attorney, he again insisted that he was the wrong person. However, when the attorney relayed this to Judge Mary Lou Villar, she set a $30,000 bail and refused to release Wario.  

“She ordered a fingerprints expert to appear in court the following week to take his fingerprints and verify his identity,” the suit reads. 

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LA’s District Attorney Sued By Game Of Thrones Actor Over Dismissed Pedophilia Charges

Los Angeles District Attorney George Gascón is facing legal action after a “Game of Thrones” actor filed suit over dismissed pedophilia charges.

Joseph Gatt—best known for his role as “Thenn Warg” on the popular HBO television series—is suing the city of Los Angeles, the LAPD, and the District Attorney’s office.

The 52-year-old is seeking $40 million in damages, and says the allegations made against him were not only career-ending, but ruined his reputation by branding him as a “serial pedophile.”

The charges stem from a 2022 arrest after Mr. Gatt was accused of engaging in sexually explicit online communication with a minor across state lines. He notes the claims were inadequately investigated prior to his felony charges being publicly announced in an LAPD press release.

The alleged interaction resulted from a video on Cameo Mr. Gatt recorded for a fan’s 16th birthday, before being contacted by the teenage girl via social media on multiple occasions. Mr. Gatt did respond, but according to the suit it was in a manner that was “wholly appropriate and consistent with typical celebrity-fan exchanges.” The two, however, never met in person.

Cameo is a video-sharing website often used by public figures. Users can purchase a personalized video for the individual receiving it. This gives fans a chance to connect with their favorite celebrities with a video message for any occasion. A crucial bit of information the lawsuit says backs claims that the teenage girl was an “admittedly obsessed fan of Gatt.”

The 16-year-old went on to claim to have pictures of the supposed inappropriate conversations, but the defendants failed to “interview or even remotely assess for credibility.” Mr. Gatt was arrested in April of 2022 following a search warrant on his home. He called the act an “invasion of privacy” that deprived him of his “liberty and freedom.”

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An Alabama Couple’s Lives Were Upended by an Unconstitutional Police Raid. A Jury Awarded Them $1 Million.

Six years ago, Greg and Teresa Almond were left destitute and living in a utility shed after sheriff’s deputies in Randolph County, Alabama, illegally raided their house and seized their savings over a misdemeanor drug crime.

Now the Almonds will be made partly whole, at least financially. Last month, a jury in their federal civil rights lawsuit awarded the couple $1 million in punitive and compensatory damages after trial testimony showed the deputies never got a warrant to search the Almonds’ property.

The Randolph County Sheriff’s Department’s 2018 raid on the Almonds’ house, first reported by the Alabama Appleseed Center for Law and Justice, exemplified the worst aspects of the war on drugs and civil asset forfeiture—a practice that allows police to seize property when it’s suspected of being connected to criminal activity. 

On January 31, 2018, a Randolph County sheriff’s deputy showed up at Greg and Teresa Almond’s house in Woodland, Alabama, to serve Greg court papers in a civil matter. The deputy reported that he smelled marijuana.

A county drug task force returned two hours later, busted down the Almonds’ front door, threw a flash-bang grenade at Greg Almond’s feet, detained the couple at gunpoint, and ransacked their house. The search only turned up $50 or less of marijuana, which the Almonds’ adult son tried in vain to claim as his, and a single sleeping pill outside of a prescription bottle with Greg’s name on it.

Using the paltry amount of narcotics as justification, deputies seized roughly $8,000 in cash, along with dozens of firearms and other valuables, under Alabama’s civil asset forfeiture laws. The deputies took the money right out of his wallet, Greg Almond told Reason in 2019.

More than a year after the initial raid, the Almonds were indicted on two misdemeanor charges: unlawful possession of marijuana for personal use and unlawful possession of drug paraphernalia, thus violating “the peace and dignity of Alabama.” However, prosecutors dropped the charges, and a judge ordered their property to be returned.

The Almonds filed a federal civil rights lawsuit in 2019 alleging that the Randolph County Sheriff’s Department used excessive force; stole, lost, or failed to inventory their missing property; and violated their constitutional protections against unreasonable searches and seizures, as well as their right to due process.

That was in addition to the other injuries they suffered. As a result of the raid and arrest, the Almonds’ missed a crucial deadline to refinance loans on their farm and lost their house. Their reputation was tarnished, and their ability to earn a living was practically destroyed.

What’s more, depositions and trial testimony showed that the deputies never obtained an official search warrant from a judge for the raid.

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Texas Cops Held a Terrified Couple at Gunpoint After Raiding the Wrong House

Tyler Harrington and his wife were asleep in their beds when four Harris County, Texas, Constable Officers burst into their home and held the terrified couple at gunpoint. While the cops eventually realized they were in the wrong house, they didn’t leave without admonishing the couple for keeping their door unlocked.

Harrington has now filed a lawsuit, arguing that the officers’ invasion of his home was an unconstitutional breach of his Fourth Amendment protections against unreasonable search and seizure.

On September 24, 2022, Officer James Lancaster responded to a call from a woman, named “Mrs. H” in the complaint, who said that she heard a knock at her back door. Lancaster spoke to Mrs. H and examined the outside of her property, finding nothing suspicious. 

Mrs. H also told Lancaster that her daughter and her daughter’s boyfriend would arrive to check out the house themselves. Mrs. H then decided to “get in her car and drive around until others came home.” When Mrs. H’s daughter and her boyfriend arrived, another neighbor, named “Mr. S,” called the police to report their truck as suspicious. When talking to dispatchers, Mr. S accidentally gave the wrong address for Mrs. H’s house, reporting Harrington’s address instead.

Soon, two more officers arrived. According to the complaint, Lancaster clearly should have known that dispatch had been given the wrong address. While pointing to Mrs. H’s house, he told the other officers, “That’s the house with the person knocking on the back door, that was the house earlier….I checked the one across the street.” In reference to Harrington’s address, he said he had “never been to this house.”

But the officers decided to enter the Harrington’s home anyway, testing both the front and back doors and finding them unlocked. A fourth officer arrived, and according to the suit, Lancaster told him that they were “waiting on the owner,” despite knowing that it was a different house than the one owned by Mrs. H, where the owner had left and was to return shortly.

Around midnight, two of the officers burst into the Harrington’s home with their guns drawn, shouting “Constable’s Office, come up with your hands out!” Harrington’s wife, whose full name wasn’t identified in the suit, was woken up by the officer’s shouting. She confirmed that she lived at the house, and one of the officers, Jared Lindsay ordered her to get her ID and come to the door.

Around the same time, Lancaster entered the home with his gun drawn, shouting the Spanish phrase for “hands up,” and began searching the home. As the officers held his wife at gunpoint, Tyler Harrington woke up and walked out of the bedroom, at which point the officers began pointing their guns at him as well, shouting questions at the couple. 

Eventually, the officers realized they were at the wrong house but still led the couple back into their own home at gunpoint. After releasing the couple, Lindsay told them that “someone had reported people searching the front and back doors of this house,” adding that the caller had told them the owner was gone. 

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He Was Arrested for Making a Joke on Facebook. A Jury Just Awarded Him $205,000 in Damages.

On a Friday in March 2020, a dozen or so sheriff’s deputies wearing bulletproof vests descended upon Waylon Bailey’s garage at his home in Forest Hill, Louisiana, with their guns drawn, ordered him onto his knees with his hands “on your fucking head,” and arrested him for a felony punishable by up to 15 years in prison. The SWAT-style raid was provoked by a Facebook post in which Bailey had made a zombie-themed joke about COVID-19. Recognizing the harm inflicted by that flagrantly unconstitutional arrest, a federal jury last week awarded Bailey $205,000 in compensatory and punitive damages.

“I feel vindicated that the jury agreed that my post was satire and that no reasonable police officer should have arrested me for my speech,” Bailey said in a press release from the Institute for Justice, which helped represent him in his lawsuit against the Rapides Parish Sheriff’s Office and Detective Randell Iles, who led the investigation that tarred Bailey as a terrorist based on constitutionally protected speech. “This verdict is a clear signal that the government can’t just arrest someone because the officers didn’t like what they said.”

On March 20, 2020, four days after several California counties issued the nation’s first “stay-at-home” orders in response to an emerging pandemic, Bailey let off some steam with a Facebook post that alluded to the Brad Pitt movie World War Z. “RAPIDES PARISH SHERIFFS OFFICE HAVE ISSUED THE ORDER,” he wrote, that “IF DEPUTIES COME INTO CONTACT WITH ‘THE INFECTED,'” they should “SHOOT ON SIGHT.” He added: “Lord have mercy on us all. #Covid9teen #weneedyoubradpitt.”

The Rapides Parish Sheriff’s Office snapped into action, assigning Iles to investigate what he perceived as “an attempt to get someone hurt.” According to a local press report, the authorities were alarmed by “a social media post that promoted false information related to the ongoing COVID-19 pandemic.” In response, “detectives immediately initiated an investigation,” and as a result, Bailey, then 27, was “arrested for terrorism.”

Another news story reported that Bailey “was booked into the Rapides Parish Detention Center on one count of terrorizing.” William Earl Hilton, the sheriff at the time, explained why, saying he wanted to “impress upon everyone that we are all in this together, as well as remind everyone that communicating false information to alarm or cause other serious disruptions to the general public will not be tolerated.”

Bailey’s joke was deemed to pose such a grave and imminent threat that Iles did not bother to obtain an arrest warrant before nabbing him, just a few hours after Bailey’s facetious appeal to Brad Pitt. But in a probable cause affidavit that Iles completed after the arrest, the detective claimed that Bailey had violated a state law against “terrorizing,” defined as “the intentional communication of information that the commission of a crime of violence is imminent or in progress or that a circumstance dangerous to human life exists or is about to exist, with the intent of causing members of the general public to be in sustained fear for their safety; or causing evacuation of a building, a public structure, or a facility of transportation; or causing other serious disruption to the general public.”

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Facial recognition used after Sunglass Hut robbery led to man’s wrongful jailing, says suit

A 61-year-old man is suing Macy’s and the parent company of Sunglass Hut over the stores’ alleged use of a facial recognition system that misidentified him as the culprit behind an armed robbery and led to his wrongful arrest. While in jail, he was beaten and raped, according to his suit.

Harvey Eugene Murphy Jr was accused and arrested on charges of robbing a Houston-area Sunglass Hut of thousands of dollars of merchandise in January 2022, though his attorneys say he was living in California at the time of the robbery. He was arrested on 20 October 2023, according to his lawyers.

According to Murphy’s lawsuit, an employee of EssilorLuxottica, Sunglass Hut’s parent company, worked with its retail partner Macy’s and used facial recognition software to identify Murphy as the robber. The image that was put through the facial recognition system came from low-quality cameras, according to the lawsuit. While Houston police department was investigating the armed robbery, the EssilorLuxottica employee called police to say they could stop the investigation because the employee had identified one of two robbers with the technology. The employee also said the system had pointed to Murphy as committing two other robberies, according to the lawsuit.

When Murphy returned to Texas from California, he went to the department of motor vehicles (DMV) to renew his license. Within minutes of identifying himself to a DMV clerk, Murphy told the Guardian he was approached by a police officer who notified him there was a warrant out for his arrest for an aggravated robbery. Murphy said he was not told any details about his supposed crime except for the date the robbery occurred. He realized he was in Sacramento, California, at the time of the robbery – more than a thousand miles away.

“I almost thought it was a joke,” Murphy said.

Still, he was arrested and taken to the local county jail, where he was held for 10 days before being transferred to and processed in Harris county jail.

After a few days at Harris county, his alibi was confirmed by both his court-appointed defense attorney and the prosecutor, and the charges against him were ultimately dropped, according to the lawsuit.

Murphy was never convicted of a crime. Nonetheless, he says his detainment left him with deep scars. He was brutally beaten and gang-raped by three other men in the jail hours before he was released, he alleges. They threatened to kill him if he tried to report them to the jail staff, according to Murphy. After the alleged attack, Murphy remained in the same cell as them until he was released.

“That was kind of terrifying,” Murphy said. “Your anxiety is up so high, you’re still shaking the entire time. And I just got up on my bunk and just faced the wall and was just praying that something would come through and get me out of that tank.”

“The attack left him with permanent injuries that he has to live with every day of his life,” the lawsuit reads. “All of this happened to Murphy because the Defendants relied on facial recognition technology that is known to be error prone and faulty.”

Murphy did not realize facial recognition technology may have been used as evidence against him until two weeks ago, when he began working with his attorney, Daniel Dutko.

Dutko said he discovered from police documents that the Sunglass Hut worker shared camera footage with Macy’s, which employees from the department store chain used to identify Murphy. After that, Macy’s and Sunglass Hut contacted the police together, according to Dutko. Though Macy’s has retail partnerships with the eyewear brand in several locations, Macy’s had no connection to this robbery as the Sunglass Hut in question is a standalone location, he said.

“We feel very comfortable saying facial recognition software is the only possible explanation, and it’s the only reason why [Sunglass Hut] would go to Macy’s to try to identify him,” Dutko said.

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