Ex-Golden Beach cops sue town, Miami-Dade, FDLE.... Miami Herald!!!

[Unregistered]

By David Ovalle -
dovalle@MiamiHerald.com


Three ex-Golden Beach police officers who claim they were falsely implicated in an off-duty billing scam are now suing the town and public corruption investigators.

In lawsuits filed this month, ex-officers Lyndean Peters, Omar Paez and Jon Anterio insist they were victims of “bad faith” police work and “false and unreliable accusations.” Authorities arrested Peters and Paez, but prosecutors last year dropped the charges after determining they could not prove the charges to a jury.

“It was a travesty,” their civil lawyer, Roderick Hannah, said of the criminal probe. “The case had a devastating effect on them, their families and their careers.”

A fourth man, Yovany Diaz, still an active officer, will be filing a lawsuit in the coming days. He too saw criminal charges levied, then dropped. Anterio was never charged criminally but resigned, he claimed, because of the “increasingly hostile work environment” created by the investigation.


A lawyer for Golden Beach, Jeffrey Hochman, said the “claims lack any foundation.”

“My office will vigorously defend the Town of Golden Beach and Mayor [Glenn] Singer,” Hochman said.

The suit asks for monetary damages and legal fees.

In 2011, the Golden Beach officers were accused of under-reporting or not reporting off-duty security jobs they worked for local businesses or road projects in order to avoid paying a cut to the town. Peters was also accused of working off-duty when he was actually supposed to be patrolling the small Northeast Miami-Dade beach community.

The criminal probe was spurred by information given by ex-Golden Beach Officer Tammy Valdes, who is now doing 3 1/2 years prison for illegally dealing in stolen guns and filing false tax returns




Public corruption police, working with a prosecutor, obtained an arrest warrant from a judge to arrest the Golden Beach officers. The case churned through the courts for several years.

Miami-Dade prosecutors, after taking depositions with Golden Beach town officials, realized that much of how the department ran its off-duty program was off-the-books and against official policies — casting serious doubt on whether any laws were actually broken.

In a memo explaining the decision, prosecutors pointed out that officers routinely worked extra hours while on duty, and were allowed to informally shave the hours off another day’s shift as compensation time. That practice, prosecutors concluded, made it difficult to prove that the officers double billed when it was found they were working an off-duty shift at the same time.

According to the newly filed lawsuits, Golden Beach “carelessly provided ... obviously incorrect and incomplete information” to public corruption investigators.

The criminal probe was spearheaded by the Florida Department of Law Enforcement and Miami-Dade police’s public corruption bureau. The lawsuit is targeting Golden Beach, FDLE and Miami-Dade County.




Also named in the suit: FDLE agents Claudia Mulvey, her former supervisor Robert Breeden; Miami-Dade Detective John Loyal, and his former supervisor, Kelly Sullivan.

“I would describe it as frivolous,” said Breeden’s attorney, Chris Whitelock. “My guy did nothing wrong.”

Read more here: http://www.miamiherald.com/news/loca...#storylink=cpy

[Unregistered]

By David Ovalle -
dovalle@MiamiHerald.com


Three ex-Golden Beach police officers who claim they were falsely implicated in an off-duty billing scam are now suing the town and public corruption investigators.

In lawsuits filed this month, ex-officers Lyndean Peters, Omar Paez and Jon Anterio insist they were victims of “bad faith” police work and “false and unreliable accusations.” Authorities arrested Peters and Paez, but prosecutors last year dropped the charges after determining they could not prove the charges to a jury.

“It was a travesty,” their civil lawyer, Roderick Hannah, said of the criminal probe. “The case had a devastating effect on them, their families and their careers.”

A fourth man, Yovany Diaz, still an active officer, will be filing a lawsuit in the coming days. He too saw criminal charges levied, then dropped. Anterio was never charged criminally but resigned, he claimed, because of the “increasingly hostile work environment” created by the investigation.


A lawyer for Golden Beach, Jeffrey Hochman, said the “claims lack any foundation.”

“My office will vigorously defend the Town of Golden Beach and Mayor [Glenn] Singer,” Hochman said.

The suit asks for monetary damages and legal fees.

In 2011, the Golden Beach officers were accused of under-reporting or not reporting off-duty security jobs they worked for local businesses or road projects in order to avoid paying a cut to the town. Peters was also accused of working off-duty when he was actually supposed to be patrolling the small Northeast Miami-Dade beach community.

The criminal probe was spurred by information given by ex-Golden Beach Officer Tammy Valdes, who is now doing 3 1/2 years prison for illegally dealing in stolen guns and filing false tax returns




Public corruption police, working with a prosecutor, obtained an arrest warrant from a judge to arrest the Golden Beach officers. The case churned through the courts for several years.

Miami-Dade prosecutors, after taking depositions with Golden Beach town officials, realized that much of how the department ran its off-duty program was off-the-books and against official policies — casting serious doubt on whether any laws were actually broken.

In a memo explaining the decision, prosecutors pointed out that officers routinely worked extra hours while on duty, and were allowed to informally shave the hours off another day’s shift as compensation time. That practice, prosecutors concluded, made it difficult to prove that the officers double billed when it was found they were working an off-duty shift at the same time.

According to the newly filed lawsuits, Golden Beach “carelessly provided ... obviously incorrect and incomplete information” to public corruption investigators.

The criminal probe was spearheaded by the Florida Department of Law Enforcement and Miami-Dade police’s public corruption bureau. The lawsuit is targeting Golden Beach, FDLE and Miami-Dade County.




Also named in the suit: FDLE agents Claudia Mulvey, her former supervisor Robert Breeden; Miami-Dade Detective John Loyal, and his former supervisor, Kelly Sullivan.

“I would describe it as frivolous,” said Breeden’s attorney, Chris Whitelock. “My guy did nothing wrong.”

Read more here: http://www.miamiherald.com/news/loca...#storylink=cpy

You Tammy Golden Beach supporters/followers better give her a call and ask her what to do next. She put you into this mess. Let me give you her address and contact information. :

FPC ALDERSON

A federal prison camp.

GLEN RAY RD. BOX A

ALDERSON, WV. 24910

Visiting Information:
THEY ONLY KNOW HER BY HER INMATE NUMBER.
I'm BETTING SHE WISHES SHE HAD SAVED HER MONEY AND NOT GOTTEN THOSE BANNER PLANES.

CONTACT INFORMATION BELOW.



TAMMY LYNN VALDES
Register Number: 01315
Age: 47
Race: White
Sex: Female
Located at: Alderson FPC
Release Date: 01/24/2017

[doc justice]

Hey guys,
Congrats on getting the lawsuits filed. I'm praying everyday you receive the justice you deserve as well as others like Mulvey, Sullivan, Loyal, etc. I had the pleasure of meeting one of the civil rights attorneys on these cases, and can say I wouldn't want to be on the other side of that.

One question do you guys have the pacer numbers? I would love to read these complaints.

I got a Federal case right now against the MDSAO 15-CV-20038

The Attorney Generals Office Defending KFR actually tried to cite Roe v. Wade as protecting the Chief of Homestead Police from me. What did they think, that I was going to abort him? ROTFLOL. The courts chastised them severely for even trying that crap. The courts rejected all of their arguments out of hand and denied their motion to dismiss without me even responding. Of note however, is the court made the same argument and relied upon the same case law I was going to use in my response, which was already written when the court acted.

This one is just for declaratory/injunctive relief. Number 2 will be a 1983 claim against HPD and the MDSAO for threatening my First Amendment rights. Then there are about 4-6 more that will be coming down the pike after that. I have approximately 50 defendants from MDPD, HPD, MCSO, FDLE and MDSAO.

The ASA was not acting in the course of prosecution or initiation there of, so she doesn't or shouldn't have her absolute immunity, and Bacon v McKeithen shows that there is no qualified immunity either.

Stay safe and God bless.

Doc Justice
James "Eric" McDonough


Some videos for those interested.

Homestead Chief of Police Alexander Rolle committing official misconduct. When I first published this Chief Rolle had them try to come at me for cyberstalking. That is the 6th attempt at me with false stalking charges, for me exercising my First Amendment rights. This includes aggravated stalking, simple stalking, cyberstalking and three stalking injunctions. Maybe they should actually read FS. 784.048 sometime. LOL.
https://www.youtube.com/watch?v=czMpouApGuI

Homestead City Manager and Mayor committing a prior restraint on speech at a public meeting.
https://www.youtube.com/watch?v=LmDGK0xZXM0

Homestead head of IA talking about Russian espionage and secondary aliens running the country, as I am trying to give a formal complaint including many felonies.
https://www.youtube.com/watch?v=B9lD6UmMy_o

Monroe County Sheriff's Deputy Luis Gomez, giving the same lie to the MDPD detective who arrested me that Homestead Officer Murguido who started it did. This also has a recording of the conversation that both Murguido and Gomez lied about under oath.
https://www.youtube.com/watch?v=xiFDYjPUrkA

Whats funny is I have between 30-40 hours of digital recording of police officers and other officials misbehaving in my case. They are scared to death of these videos, and they only include about maybe 15 minutes of the recordings I possess. I promise you I have saved the best for last. I want them to know beyond any shadow of a doubt I got them. I will use what they don't know for when they commit perjury, as an impeachment exhibit, or until at least after depositions get taken.

This whole private attorney general thing is fun. I'm glad congress gave citizens the authority to investigate public corruption in the civil rights law, and encouraged us to do a diligent investigation of Constitutional violations.

Also the media is getting ready to do another story, this one on my fight with the SAO. I'll post the link here when its published.

[Unregistered]

Hey guys,
Congrats on getting the lawsuits filed. I'm praying everyday you receive the justice you deserve as well as others like Mulvey, Sullivan, Loyal, etc. I had the pleasure of meeting one of the civil rights attorneys on these cases, and can say I wouldn't want to be on the other side of that.

One question do you guys have the pacer numbers? I would love to read these complaints.

I got a Federal case right now against the MDSAO 15-CV-20038

The Attorney Generals Office Defending KFR actually tried to cite Roe v. Wade as protecting the Chief of Homestead Police from me. What did they think, that I was going to abort him? ROTFLOL. The courts chastised them severely for even trying that crap. The courts rejected all of their arguments out of hand and denied their motion to dismiss without me even responding. Of note however, is the court made the same argument and relied upon the same case law I was going to use in my response, which was already written when the court acted.

This one is just for declaratory/injunctive relief. Number 2 will be a 1983 claim against HPD and the MDSAO for threatening my First Amendment rights. Then there are about 4-6 more that will be coming down the pike after that. I have approximately 50 defendants from MDPD, HPD, MCSO, FDLE and MDSAO.

The ASA was not acting in the course of prosecution or initiation there of, so she doesn't or shouldn't have her absolute immunity, and Bacon v McKeithen shows that there is no qualified immunity either.

Stay safe and God bless.

Doc Justice
James "Eric" McDonough


Some videos for those interested.

Homestead Chief of Police Alexander Rolle committing official misconduct. When I first published this Chief Rolle had them try to come at me for cyberstalking. That is the 6th attempt at me with false stalking charges, for me exercising my First Amendment rights. This includes aggravated stalking, simple stalking, cyberstalking and three stalking injunctions. Maybe they should actually read FS. 784.048 sometime. LOL.
https://www.youtube.com/watch?v=czMpouApGuI

Homestead City Manager and Mayor committing a prior restraint on speech at a public meeting.
https://www.youtube.com/watch?v=LmDGK0xZXM0

Homestead head of IA talking about Russian espionage and secondary aliens running the country, as I am trying to give a formal complaint including many felonies.
https://www.youtube.com/watch?v=B9lD6UmMy_o

Monroe County Sheriff's Deputy Luis Gomez, giving the same lie to the MDPD detective who arrested me that Homestead Officer Murguido who started it did. This also has a recording of the conversation that both Murguido and Gomez lied about under oath.
https://www.youtube.com/watch?v=xiFDYjPUrkA

Whats funny is I have between 30-40 hours of digital recording of police officers and other officials misbehaving in my case. They are scared to death of these videos, and they only include about maybe 15 minutes of the recordings I possess. I promise you I have saved the best for last. I want them to know beyond any shadow of a doubt I got them. I will use what they don't know for when they commit perjury, as an impeachment exhibit, or until at least after depositions get taken.

This whole private attorney general thing is fun. I'm glad congress gave citizens the authority to investigate public corruption in the civil rights law, and encouraged us to do a diligent investigation of Constitutional violations.

Also the media is getting ready to do another story, this one on my fight with the SAO. I'll post the link here when its published.

2015-cv-20444 with more on the way.

[doc justice]

2015-cv-20444 with more on the way.

Thanks, God bless you sir/mam. I will read it while I am waiting on tonight's video to get uploaded.

You want to see some First Amendment violating crap? Showing the City Manager and Mayor of Homestead covering up the corruption of the Homestead PD, Chief of Police and IA?

https://www.youtube.com/watch?v=LmDGK0xZXM0

I'm waiting for tonight's video to upload. They didn't get treated well, even with their new policy. I made the first story of the front page of the local newspaper in Homestead.
http://www.southdadenewsleader.com/n...d8e6e4635.html

They didn't name me, but that's OK., the story and policy is because of me. I'm honored that a city with so much going on, would take time out of their busy schedule to make a policy change on account of me speaking a few words of truth.

Can you believe the Chief of police, head head of IA, and Officer Murguido, of HPD called themselves my victims of cyberstalking because I made videos of them committing crimes, then published them?

How pathetic.

If anyone wants to be added to my BCC list email me at phd2b05@gmail.com

[doc justice]

Can't read it tonight, but anyone,v. Mulvey excites me.

[Unregistered]

How's the lawsuit coming along?

[Unregistered]

Sorry Doc,

That is just one of many pending lawsuits, easy, the rest will soon to follow. You see each of the defendants, 7 of them, are attempting to hide behind this little thing the Supreme Court has put in place called "immunity" Immunity comes into play when an officer can say oops, Sorry shouldn't have done that one I guess and walk away Scot free. The only way to lose immunity is to show that, like the defendants in this case, had complete knowledge or malicious intent also in this case. Then they lose their 'immunity" which is surely what their anxiously awaiting. But wait what they really don't want is to sit through a taped deposition. However they have lost that because the one case is going to trial against Golden Beach. Where each and every little lying piggie scumbag , and they know who they are, will have to sit under the unblinking eye of a video camera with attorneys are extremely well versed at these cases just as if they were their own children. Including some little piggy lying detectives and their supervisors ( one currently unemployed ) and the other known around town as the thief.

So sit back get some popcorn and enjoy the show. Get a good topper for the popcorn and free refills your going to need em. They threw everything but the kitchen sink and then some in an attempt to cover this huge f**cup.

Hey if we're lucky well get to witness a Quadruple bypass on seven victims at once M.

Find a common!!

[Unregistered]

Sorry Doc,

That is just one of many pending lawsuits, easy, the rest will soon to follow. You see each of the defendants, 7 of them, are attempting to hide behind this little thing the Supreme Court has put in place called "immunity" Immunity comes into play when an officer can say oops, Sorry shouldn't have done that one I guess and walk away Scot free. The only way to lose immunity is to show that, like the defendants in this case, had complete knowledge or malicious intent also in this case. Then they lose their 'immunity" which is surely what their anxiously awaiting. But wait what they really don't want is to sit through a taped deposition. However they have lost that because the one case is going to trial against Golden Beach. Where each and every little lying piggie scumbag , and they know who they are, will have to sit under the unblinking eye of a video camera with attorneys are extremely well versed at these cases just as if they were their own children. Including some little piggy lying detectives and their supervisors ( one currently unemployed ) and the other known around town as the thief.

So sit back get some popcorn and enjoy the show. Get a good topper for the popcorn and free refills your going to need em. They threw everything but the kitchen sink and then some in an attempt to cover this huge f**cup.

Hey if we're lucky well get to witness a Quadruple bypass on seven victims at once M.

Find a common!!

Can't wait!!!

Please keep us informed when you can, or give us other pacer numbers if available.

MDPD folded like a tent on my first First Amendment suit. They balked at first, but then when I filed a records request they agreed to settle if I withdrew the 119 request. LOL

Thing is they have no record I withdrew it, and the media refiled it anyway, and they are refusing to provide the records. This is gonna be fun.

The First Amendment right to record case, against KFR, is at the 11th Circuit. She argued that when the Chief called me and asked me to come to a meeting in his office, because I agreed to the meeting, that means I was NOT invited. Apparently her intelligence is on level with her alleged integrity.

The AGO argued that the Chief of Police has an expectation of privacy because of Roe v Wade that surpasses my First Amendment rights. Another really bright legal bulb came up with that doosey.

Some people, maybe one, were threatening my job on the Homestead forum, so I pulled their internet history for 16 months for Homestead. Opened a random month, hit control + F, typed sex and hit enter, the second hit they were on a police computer checking out a party bus with stripper poles. Deciding whether or not to have the data mined by a professional. If I do decide to start the miners digging, break out the extra large popcorn, it could be Pulitzer material.

Got a bunch of thing in the works, will share the pacer numbers when filed.

DJ

[Unregistered]

Sorry Doc,

That is just one of many pending lawsuits, easy, the rest will soon to follow. You see each of the defendants, 7 of them, are attempting to hide behind this little thing the Supreme Court has put in place called "immunity" Immunity comes into play when an officer can say oops, Sorry shouldn't have done that one I guess and walk away Scot free. The only way to lose immunity is to show that, like the defendants in this case, had complete knowledge or malicious intent also in this case. Then they lose their 'immunity" which is surely what their anxiously awaiting. But wait what they really don't want is to sit through a taped deposition. However they have lost that because the one case is going to trial against Golden Beach. Where each and every little lying piggie scumbag , and they know who they are, will have to sit under the unblinking eye of a video camera with attorneys are extremely well versed at these cases just as if they were their own children. Including some little piggy lying detectives and their supervisors ( one currently unemployed ) and the other known around town as the thief.

So sit back get some popcorn and enjoy the show. Get a good topper for the popcorn and free refills your going to need em. They threw everything but the kitchen sink and then some in an attempt to cover this huge f**cup.

Hey if we're lucky well get to witness a Quadruple bypass on seven victims at once M.

Find a common!!

Meant to add on the immunity, I think the entire notion is BS. You break the law, you break the law, equal protection of the law, period.

However, the standard for civil rights is objective, and intent or knowledge does not come into play as in a criminal case, at least with respect to guilt.

An officer can arrest you with ill will and bad intent if the arrest is lawful, i.e. a First Amendment retaliatory arrest, but there is PC for arrest separate from the protected act. For instance some idiot is flicking you off which is protected, but is also drinking in public, so you can arrest him for that.

The best of intent does not cover unlawful actions, i.e. Sgt. DoRight is out protecting his neighborhood, there have been breaks in, he arrest a pedestrian who does not match any description, but makes an arrest because the guy looks suspicious, is scary and he must be up to no good, believing this in his heart of hearts. This officer could be in big trouble.

To pierce qualified immunity you have to the right was well established at the time. To do this you must show:
1) The right is so clearly evident in the Constitution no case law is necessary. This is super rare.

2) A broad binding precedent governs the novel facts of the case. Like Smith v City of Cumming holding: "The First Amendment protects the right to gather information about what public officials do on public property specifically the right to record matters of public interest". The facts were basically someone taking pictures while standing on the road, but covers recording a police officer during a traffic stop, at a public meeting, or in their office.

3) A binding case that reads on the facts of your case.