Happy Friday

Unregistered · 05-01-2016, 01:36 AM

Originally Posted by Unregistered

Happy friday officers. Stay safe and aim true! God bless you all.

-officer to be

When you get on your Friday's will be Wednesday starting 7am

Unregistered · 05-01-2016, 02:01 AM

https://www.pacermonitor.com/public/...mi_Dade_County

**doc justice** · 05-01-2016, 02:11 AM

Originally Posted by Unregistered

https://www.pacermonitor.com/public/...mi_Dade_County

That's the case they settled on. It was quick too.

That was a YUGE First Amendment win. Got the 9th largest PD in the nation to unblock everyone from all their social media accounts (facebook, twitter, etc.), and change their policies before I even asked. WOO HOO!!!

Funny thing is Homestead PD, the Mayor and City all did it on the pages as well. LMAO.

However, what's real interesting is that they are basically refusing to provide the public records that were requested several months ago by the media. Thinking the media may be dropping a 119 suit on them soon for non-compliance. This could get interesting, I'm curious who it was that deleted the post and/or had them deleted.

Another good case on pacer is 15-14642-G.

Doc Justice

Unregistered · 05-01-2016, 03:53 AM

Originally Posted by doc justice

That's the case they settled on. It was quick too.

That was a YUGE First Amendment win. Got the 9th largest PD in the nation to unblock everyone from all their social media accounts (facebook, twitter, etc.), and change their policies before I even asked. WOO HOO!!!

Funny thing is Homestead PD, the Mayor and City all did it on the pages as well. LMAO.

However, what's real interesting is that they are basically refusing to provide the public records that were requested several months ago by the media. Thinking the media may be dropping a 119 suit on them soon for non-compliance. This could get interesting, I'm curious who it was that deleted the post and/or had them deleted.

Another good case on pacer is 15-14642-G.

Doc Justice

Case settled? Or dismissed ?
Because I see a judge signed an order of dismissal. Just curious that is why I'm asking.

**doc justice** · 05-01-2016, 05:03 AM

Originally Posted by Unregistered

Case settled? Or dismissed ?
Because I see a judge signed an order of dismissal. Just curious that is why I'm asking.

It settled and they paid my attorney cost. The case was dismissed only after settlement, this is typical. They asked for an extension because they were trying to settle. They clearly and in a well documented manner violated FSS. 119, as well as the First amendment rights of many people. If they did anything else, other thn settle, they would have been fools.

I didn't ask for money just for attorney fees, because they fixed the problem immediately. They did this by unblocking everyone.

MDC attorneys balked initially at the request for fees and cost, until I filed a 119 request for the copies of deleted post. Then their changed their tune real fast.

The media has been researching this story and I hear through the grapevine MDPD is not responding to their 119 request. So it may get more interesting still.

Homestead, however, claims they never deleted my post or blocked my access in response to my 119 request, when I have all the screen shots to prove otherwise. Another suit to be filed soon.

Doc Justice.

Unregistered · 05-01-2016, 07:48 PM

Originally Posted by doc justice

That's the case they settled on. It was quick too.

That was a YUGE First Amendment win. Got the 9th largest PD in the nation to unblock everyone from all their social media accounts (facebook, twitter, etc.), and change their policies before I even asked. WOO HOO!!!

Funny thing is Homestead PD, the Mayor and City all did it on the pages as well. LMAO.

However, what's real interesting is that they are basically refusing to provide the public records that were requested several months ago by the media. Thinking the media may be dropping a 119 suit on them soon for non-compliance. This could get interesting, I'm curious who it was that deleted the post and/or had them deleted.

Another good case on pacer is 15-14642-G.

Doc Justice

Regarding the case 15-14642-G, a search on Google shows the SAO did not prosecute the case, what's going on with that case? Did it get dropped ?

**doc justice** · 05-01-2016, 10:52 PM

Originally Posted by Unregistered

Regarding the case 15-14642-G, a search on Google shows the SAO did not prosecute the case, what's going on with that case? Did it get dropped ?

The case is at the 11th Us Circuit Court of Appeals. I wrote the opening breif pro se, the state filed a response brief, and I wrote the reply brief pro se. All briefs are done and neither side asked for oral arguments. SO we are waiting on a panel of three judges to decide the matter. How long that will take is anybody's guess.

Really interesting case actually. I recorded a meeting I had with Homestead Chief of Police Alexander Rolle to file a formal complaint against one of his subordinate officers. I gave the Chief reams of evidence and documentation during the meeting in the presence of a civilian witness. The Chief then destroyed or concealed all the documentation I gave him, and is claiming I gave him no evidence/documentation.

I made a youtube video detailing official misconduct under FS. 838.022(1)(a-c). The video is here: https://www.youtube.com/watch?v=czMpouApGuI
The one part where it sounds spliced is not, I had to amplify the Chief speaking so he could be heard.

Interestingly enough the Chief also repeatedly promised I would have no more retaliation: https://www.youtube.com/watch?v=36rq3FdP6I4

Then when photographyisnotacrime.com published my story https://photographyisnotacrime.com/2...ate-miami-man/ Murguido the homestead officer who started all of this, tried to file another criminal stalking complaint with MDPD, this time Det. Alvarez of south district refused to arrest me or act on the case. Murguido also filed another stalking injunction against me claiming I was stalking him because I filed a complaint against him, and the media published the above story. The Chief was made aware of this and did nothing.

That's when I made the videos.

The Chief went to MDPD, the MDSAO and FDLE trying to have me arrested for cyberstalking for making the video, but all three agencies refused to arrest me. They then went back to these agencies and tried to have me arrested for wiretap. Again all agencies refused to arrest, but the MDSAO sent me a letter threatening me with felony prosecution if I ever recorded another cop without permission.

This letter gave me standing to sue KFR in federal court for declaratory and injunctive relief.

I beat their motion to dismiss, but lost at summary judgement, due to reversible error on the court.

KFR is being represented by the Fla AGO. They actually argued that although I had a First Amendment right to record, the Chief has an expectation of privacy because of ROE v. WADE, which surpasses my First Amendment rights. Not sure if they thought I was trying to give the Chief an abortion or what.

KFR actually argued that when the Chief called me and asked me to come to his office for a meeting, because I agreed to the meeting, I was NOT invited. Yes our illustrious SAO actually argued that accepting an invitation somehow transforms this from being an invitation.

On appeal I made three arguments:
1) There was no reasonable expectation of privacy, which is the law of the state as there are no conflicting cases in other circuits or the supreme court, to the holding of the 1st Fla DCA in Dept. Agriculture v. Edwards holding; public officials acting in the performance of their official duties have no privacy privilege in their communications.

2) Recording/gathering information is passive activity and different than other expressive forms of speech, and is protected by the binding case 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", where the Chief is a public official, the station is public property and police conduct is a matter of public concern.

3) When the Chief invited me to his office, he took deliberate action to invite all or part of the public to make public speech or debate, thereby converting his officer for the purpose of the meeting into a limited public forum subject to intermediate scrutiny, under the holding of Cornelius.

In the State's response brief they completely ignored my first argument about privacy and the statute not applying, thereby conceding this argument.

They attempted to address the second argument, but ignored the cited binding law, and cited non-binding law that never addressed the First Amendment implications of recording police.

Then they in their response to my third argument, they finally explicitly conceded that I was invited, destroying their one point about the station being a non-public forum.

I cannot imagine this going any other way than in my favor. Actually thinking about it, I beleive the AGO purposefully threw the case, as it is not possible for them to be that incompetent as counsel. Whether they agree with me and the First Amendment, or they dislike KFR is anyone's guess.

If you email me (phd2b05@gmail.com) I will happily provide any PDF documents related to this. You can even make a fake email and send it to me anonymously. I am more than happy to continue to make all my evidence publicly available.

Thanks for the interest.

Take care, stay safe, and God bless.

Doc Justice

ps. You want to see a great video of the head of IA for Homestead acting like he is on drugs watch this:
https://www.youtube.com/watch?v=B9lD6UmMy_o

Unregistered · 05-08-2016, 03:29 AM

Originally Posted by doc justice

It settled and they paid my attorney cost. The case was dismissed only after settlement, this is typical. They asked for an extension because they were trying to settle. They clearly and in a well documented manner violated FSS. 119, as well as the First amendment rights of many people. If they did anything else, other thn settle, they would have been fools.

I didn't ask for money just for attorney fees, because they fixed the problem immediately. They did this by unblocking everyone.

MDC attorneys balked initially at the request for fees and cost, until I filed a 119 request for the copies of deleted post. Then their changed their tune real fast.

The media has been researching this story and I hear through the grapevine MDPD is not responding to their 119 request. So it may get more interesting still.

Homestead, however, claims they never deleted my post or blocked my access in response to my 119 request, when I have all the screen shots to prove otherwise. Another suit to be filed soon.

Doc Justice.

I have spoken to someone in the Miami dade legal bureau and they advised me that they did not paid any attorney cost in this case. They claimed this went to court and it was dismissed by the judge and no attorney fees were paid.

Unregistered · 05-08-2016, 11:14 AM

Originally Posted by Unregistered

I have spoken to someone in the Miami dade legal bureau and they advised me that they did not paid any attorney cost in this case. They claimed this went to court and it was dismissed by the judge and no attorney fees were paid.

Of course no one at MDPD lies!!