Our New Civil Rights: You Can't Take Our Stuff

[AmishRnot4ganja]

I have been lying low for several months, waiting for some legal issues to clear before posting about a complaint that has been filed with the United States Department of Justice, stemming from a traffic stop and subsequent arrest, where the officers involved ignored the civil rights guaranteed under the Americans With Disabilities Act. With those issues behind me, I think it is time to let the community know about it, because most, if not all of us, are disabled and are included as a class of "qualified individuals with disabilities," a key term within the ADA, and this can be a substantial level of protection from police misconduct toward us. This thread speaks to some of these same issues, and I hope this will help resolve some concerns.

 

There was cannabis involved, and the possession and use charges were eventually dropped. The officers confiscated it, along with some paraphernalia, but returned it all within a few days. They were visibly agitated and angry that I was unable to comply to all of their demands to submit as promptly as they wanted because of my mobility issues, and were violent to the point that I was further injured, as has been subsequently medically documented.

 

During arrest and subsequent custody, the officers were told that there are certain disabilities that required accommodation. I am reluctant to disclose any further details here because the matter is being investigated. It can be said, however, that they were out of line on all counts.

 

The DOJ complaint was filed timely and is taking its time going through process. Not having heard back from them yet, they have been provided with reams of documentation that spells out the necessary facts. In speaking with the Michigan Department of Civil Rights, I was told that it is best to have only one government agency perform an investigation at a time, because there are serious complications that can arise with more than one agency getting involved. Legal counsel has advised that it is correct. The MDCR does enforce the laws of the state against state agencies. They tell me, however, that they are not authorized to involve themselves with local departments or agencies. They can, so they say, investigate the Michigan State Police, but not local municipal departments. Justice, on the other hand, is responsible to enforce the provisions of the ADA where any entity, i.e., federal, state, local, or private are concerned. There is no requirement that any other administrative remedies be sought and exhausted before bringing a federal complaint. The State does have that requirement, which would require that I confront any and all local entities and take them to a resolution, whatever that may be, before they can become actively involved. Essentially, that is an out for them to game us, because it is a long, drawn out process and the deck is stacked against us and in their favor. Subsequently it is not just unnecessary, but important, in this instance, that Justice perform the investigation rather than the State. Immunity provisions are especially problematic, but are more readily dismissed under federal law, those being the ADA, Section 504 of the Civil Rights Act of 1964, and 42 USC, Section 1983. There are other laws that speak to immunity and to necessary and required accommodation for disabled indviduals, but those loom largest in the scheme of things. Some of you may recall that I posted regarding this a short while ago referring to: http://www.nlg-npap....rringtonADA.pdf

 

Pending the outcome of the government investigation, there will be charges brought. A civil action is a clear option. Treble damages are permitted under the ADA. With any luck, some of the people involved will lose their jobs. Most importantly, it could lead to Justice compelling the local departments to adequately train their personnel in the proper handling of disabled people, helping to put a stop to the violence they take obvious pleasure in.

 

It will take time to go through the moves. Inasmuch as it has been a few months since the complaint was filed, a response should be coming shortly.

 

 

 

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I hope and pray with all my heart that these thugs get what is coming to them - a huge, much needed dose of humility. I also hope they have to pay handsomely so their humility will be deeply felt.

[Tripleberry]

Well said PB. That would make a great speech at the upcoming rally!