Ex-marine-to-sue-over-detention-for-facebook-posts

[worfusa2008]

Exclusive
Times247
by: Cheryl K. Chumley
Wednesday, August 29, 2012
Marine vet to sue over arrest for Facebook posts
Former Marine Sgt. Brandon Raub Photo Credit:Facebook
The former Marine who was forcibly placed in a psychiatric ward by government officials who didn’t like his Facebook postings will sue for unlawful arrest, according to his attorneys.

“We are definitely going to move forward with a lawsuit,” said Nisha Whitehead, assistant to the president at the Rutherford Institute, the nonprofit civil rights firm defending Brandon Raub.

Mr. Raub, 26, a decorated former Marine who served in Iraq and Afghanistan, was arrested at his Richmond, Va., home Aug. 16 for anti-government statements and song lyrics posted on his private Facebook page. Secret Service, FBI and Chesterfield County police transported him to John Randolph Medical Facility in Hopewell, Va., for a psychiatric evaluation. Over the objections of attorney and Rutherford Institute President John Whitehead, Mr. Raub was then transferred to the VA Hospital in Salem, Va.

Mr. Raub won his freedom on Aug. 23 when Circuit Court Judge Allan Sharrett found his forced detention “so devoid of any factual allegations that it could not be reasonably expected to give rise to a case or controversy.”

The suit Mr. Raub is now filing is a civil complaint targeting all the government officials involved in both his arrest and detention, according to a written statement from the Rutherford Institute.

“Brandon Raub’s case exposed the seedy underbelly of a governmental system that seems to be targeting Americans, especially military veterans, for expressing their discontent over America’s rapid transition to a police state,” said Mr. Whitehead, in a written statement. “As we are learning, Brandon Raub is not the first veteran to be targeted for speaking out against the government, detained against his will. … Hopefully, by holding officials accountable, we can ensure that Brandon is the last.”

The case will be transferred to federal court where it will be dismissed because agents are immune from suit when operating within the scope of their authority, whether their decisions are correct or incorrect.

[worfusa2008]

What else is new? My idols have feet of clay and I have a very bad taste in my mouth over this.

There's got to be more to the original arrest than appears in this article.

The arrest MUST have had the approval of an assistant U.S. Attorney and the defendant MUST have gone before a judge who ordered him held. Of course federal prosecutors and judges cannot be sued so they are going after the law enforcement officers, which included local and FBI as well as USSS agents.

The case will be eventually transferred to federal court and dismissed because the agents were acting within the scope of their authority and followed lawful enforcement procedures.

I would like to know what the "anti-government statements" were. If they were not threats I don't see how they could be the basis for an arrest.

[worfusa2008]

Brandon Raub was never arrested, by the FBI, Secret Service, or Chesterfield County Police. Mr. Raub was handcuffed by the County Police because he "resisted arrest " (this charge was never pursued) and taken before a "Special Justice", who is not a Judge. The Special Justice agreed with the County Police, with the FBI and Secret Service offering words of encouragement no doubt, that Mr. Raub was "a danger to himself and others" and committed him for a 72 hour evaluation. Rather than being committed to a local mental health facility, Raub was taken to a locked ward in the VA hospital 4 hours away. After 72 hours, his case was presented to another "Special Justice", who agreed with Police that Mr. Raub should be committed for an additional 30 days. Subsequently, Mr. Raub won his freedom on Aug. 23 when Circuit Court Judge Allan Sharrett found his forced detention “so devoid of any factual allegations that it could not be reasonably expected to give rise to a case or controversy.” It would appear that the Political Police convinced the local Police to kidnap and unlawfully detain Mr. Raub in violation of his civil rights (42 USC 1983). So, once again the locals do our bidding and are left twisting in the wind. I speak, not from conjecture, but from experience. What's worse is that anyone of us who dares criticize the current regime in a social media could be tagged by DHS "naughty word" recognition software and find themselves in a locked ward for a mental evaluation by local Police, with the Political Police offering their expertise and encouragement in such matters. What has happened to us?

Brandon Raub was never arrested, by the FBI, Secret Service, or Chesterfield County Police. Mr. Raub was handcuffed by the County Police because he "resisted arrest " (this charge was never pursued) and taken before a "Special Justice", who is not a Judge. The Special Justice agreed with the County Police, with the FBI and Secret Service offering words of encouragement no doubt, that Mr. Raub was "a danger to himself and others" and committed him for a 72 hour evaluation. Rather than being committed to a local mental health facility, Raub was taken to a locked ward in the VA hospital 4 hours away. After 72 hours, his case was presented to another "Special Justice", who agreed with Police that Mr. Raub should be committed for an additional 30 days. Subsequently, Mr. Raub won his freedom on Aug. 23 when Circuit Court Judge Allan Sharrett found his forced detention “so devoid of any factual allegations that it could not be reasonably expected to give rise to a case or controversy.” It would appear that the Political Police convinced the local Police to kidnap and unlawfully detain Mr. Raub in violation of his civil rights (42 USC 1983). So, once again the locals do our bidding and are left twisting in the wind. I speak, not from conjecture, but from experience. What's worse is that anyone of us who dares criticize the current regime in a social media could be tagged by DHS "naughty word" recognition software and find themselves in a locked ward for a mental evaluation by local Police, with the Political Police offering their expertise and encouragement in such matters. What has happened to us?
I've read a few of your post, and it appears you are a rare commodity these days! a person with common sense.