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(VIDEO) Breaking - Bodycam Released - Lawsuit Filed Today
The Civil Rights Lawyer (You Tube channel) ^ | August 5, 2022 | John H. Bryan, Attorney at Law

Posted on 09/15/2022 9:18:03 AM PDT by MeganC

(Text for the vide from this link: https://thecivilrightslawyer.com/2022/08/05/police-harass-innocent-citizens-on-their-porch-lawsuit-filed-today/ )

Police Harass Innocent Citizens on Their Porch – Lawsuit Filed Today

Posted on August 5, 2022

What you’re about to see here is outrageous body cam footage that has never before been seen by anyone, other than law enforcement. It shows what happened to my clients, Jason Tartt, the property owner and landlord, as well as Donnie and Ventriss Hairston, his innocent and mistreated tenants, on August 7, 2020, when they were subjected to civil rights violations by two deputies with the McDowell County Sheriff’s Office, Dalton Martin and Jordan Horn.

Today we filed a federal civil rights lawsuit, which is posted below. But you can watch the footage for yourself. Before the body cams were turned on, what you need to know is that there was a complaint received that an abandoned church, in an overgrown parcel of land not owned by any of these individuals, apparently had four marijuana plants growing there, among the thick brush. Crime of the century, right? The perpetrators must be one of the elderly African American residents nearby, of course. Instead of treating them as human beings, let’s accuse them first thing, then mistreat, harass, and retaliate against, them if they dare to get uppity, or not know their place.

Donnie and Ventriss Hairston were sitting on the front porch of their rural home, when two deputies approached and began to harass and intimidate them. Their landlord, who lives next door, joined them shortly afterwards and began to ask questions. When they asserted their opinions and rights, retaliation ensued. The landlord, Jason Tartt, was seized and arrested. The Hairstons were shoved into their home against their will. This is never before seen footage, outside of law enforcement of course. Take a look and form your own opinion about what happened.


TOPICS:
KEYWORDS: 4thamendment; 5thamendment; civilrights; donutwatch
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To: Openurmind

Well...depending on the local and state property tax, that is correct. They pay per Sq ft it is considered within the house.

As soon as he TOUCHED that person, that cop was also in violation.

Like I said. I do not know WTH they are teaching these kids these days in the academy, but they had better fire the GD instructors and start over.


101 posted on 09/16/2022 7:35:34 AM PDT by crz
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To: Ken H

Yes. Correct. What I meant is that he said he was the owner of the house. Town Hall would have records containing what the police were asking for.


102 posted on 09/16/2022 7:40:36 AM PDT by Bloody Sam Roberts (Great minds drink alike...me and my baby havin' a hell of a night. - - BB King)
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To: MeganC

First 60 seconds of video mentions black victims and white cops. Seems if there was some violation of procedure, that would not even come into play.


103 posted on 09/16/2022 7:47:23 AM PDT by CodeJockey ("The duty of a true Patriot is to protect his country from its government.” –Thomas Paine)
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To: crz

I sure know what they do not teach... The Constitution and bill of rights. To LE they just do not exist anymore and they are allowed to use personal discretion to negate these as they like.


104 posted on 09/16/2022 7:59:50 AM PDT by Openurmind (The ultimate test of a moral society is the kind of world it leaves to its children. ~ D. Bonhoeffer)
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To: MeganC

It is a mystery why they would hold this guy for guilt by living close to a crime scene.


105 posted on 09/16/2022 8:00:17 AM PDT by Midwesterner53
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To: Midwesterner53

“It is a mystery why they would hold this guy for guilt by living close to a crime scene.”

No mystery... Low IQ idiot who should be working at Taco Bell.


106 posted on 09/16/2022 8:13:18 AM PDT by Openurmind (The ultimate test of a moral society is the kind of world it leaves to its children. ~ D. Bonhoeffer)
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To: faucetman

“They should have just gone in their house and shut the door and called the police.”

Um, the idiots at their door WERE the police. Do you really think calling 911 about the idiot cops at your front door is going to change anything?


107 posted on 09/16/2022 8:23:42 AM PDT by MeganC (There is nothing feminine about feminism. )
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To: rockrr

That’s the kind of idiots I used to deal with as a teenager. They’d murder a five year old if some ass in a black robe told them to do it.


108 posted on 09/16/2022 8:28:00 AM PDT by MeganC (There is nothing feminine about feminism. )
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To: Bloody Sam Roberts

I meant to say he doesn’t own the property where the weed was growing.


109 posted on 09/16/2022 8:29:14 AM PDT by MeganC (There is nothing feminine about feminism. )
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To: bort

“As a former prosecutor, I can tell you that we routinely dropped cases based on the concept of “abated by arrest.” In other words, we knew that the cops on occasion made questionable arrests and that the arrest itself was enough punishment for the defendant whether a crime had or had not been committed.”

Too late for a completely innocent person. Punished for life because of the arrest record alone guilty or not? “Enough punishment” even if a crime had been committed or not?

And you do not see a problem with this UNCONSTITUTIONAL practice and concept? We are right back to “everyone is guilty no matter what” again. “We only punished innocent people a little bit...”

Are you kidding? That is about the most inept concept and defense I have heard in my life.


110 posted on 09/16/2022 8:35:58 AM PDT by Openurmind (The ultimate test of a moral society is the kind of world it leaves to its children. ~ D. Bonhoeffer)
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To: Openurmind

Question: How many times does a police officer have to ask for your name? And how many WARNINGS does the cop have to give you that you will be arrested if you don’t provide your information before he puts the cuffs on? Seriously. This guy was warned at least 5X that he would be arrested. I have little sympathy.


111 posted on 09/16/2022 9:09:22 AM PDT by bort
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To: bort

“How many times does a police officer have to ask for your name?”

In 99% of the cases the officer has no right, probable cause, or evidence to even ask. In this particular case the officer had absolutely no right period. Let alone the fact the accused had absolutely no legal obligation to comply.

Asking for ID immediately presumes guilt. Officer’s discretion does NOT negate Constitutional presumption of innocence or private property rights.

This was pure and simple “I am your master and YOU WILL OBEY”.


112 posted on 09/16/2022 9:23:39 AM PDT by Openurmind (The ultimate test of a moral society is the kind of world it leaves to its children. ~ D. Bonhoeffer)
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To: MeganC
Got it. So we're both right. Glad we got that sorted out.

So, moving right along...how 'bout those Mets?

113 posted on 09/16/2022 9:25:24 AM PDT by Bloody Sam Roberts (Great minds drink alike...me and my baby havin' a hell of a night. - - BB King)
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To: bort

Here is the deal... What you and the system needs to understand is that when a public servant enters onto/into private property without a warrant they are legally trespassing without permission from the owner.

LE has absolutely no legal authority to trespass at just personal discretion and/or suspicion.

At that point they have no more legal authority than any Joe blow civilian stranger from off the street. They no longer have any legal authority to ask or command one damned thing let alone conduct an investigation without a warrant.

Do you feel you are legally obligated to answer questions from a total civilian stranger off the street trespassing on your property? There is absolutely no difference here with this interaction and many many like it that happen all the time.


114 posted on 09/16/2022 11:33:33 AM PDT by Openurmind (The ultimate test of a moral society is the kind of world it leaves to its children. ~ D. Bonhoeffer)
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To: Openurmind

Unless there is a sign up that says “No Trespassing,” there is no law broken, anymore than if someone walks up my driveway and knocks on the door. Was there a “No Trespassing” sign clearly posted on the driveway? I doubt it.

Second, I have the right to belch, burp, pick my nose, grab my crotch, etc. when interacting with someone. That doesn’t make my behavior “constitutional.” These black “victims” would be far fewer if they simply acted cordial.


115 posted on 09/16/2022 11:58:37 AM PDT by bort
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To: bort
As a former prosecutor,

Oh, so now, you were not only an attorney, but you were a Prosecutor.....got it!

I can tell you that we routinely dropped cases based on the concept of “abated by arrest.” In other words, we knew that the cops on occasion made questionable arrests and that the arrest itself was enough punishment for the defendant whether a crime

LOL! So you busted the balls of a known innocent citizen, forcing them to spend monies on legal defense, knowing full well they were innocent just to "teach them a lesson". A lesson from what? Make sure that uppity N####r stays in line?

You may have been a lawyer and a questionable Prosecutor, but by your own admission, you were nothing but a political hack who had no respect for the rule of law that protects all Americans.

How many times have we witnessed the same "Prosecutors" with your twisted mentality going after Trump?

116 posted on 09/16/2022 1:57:51 PM PDT by Hot Tabasco (Don't walk thru the watermelon patch)
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To: Openurmind

It isnt just that.

Some of these kids get the confrontational attitude from somebody. And that somebody is the academy they go to.


117 posted on 09/16/2022 3:12:52 PM PDT by crz
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To: crz

I agree...


118 posted on 09/16/2022 3:31:19 PM PDT by Openurmind (The ultimate test of a moral society is the kind of world it leaves to its children. ~ D. Bonhoeffer)
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To: bort
You claim to be a prosecutor? Then surely you are aware of the 1980 Supreme Court opinion in Payton Vs. New York:

In order to arrest someone in a home or on their property rather than in a public place absent consent or exigent circumstance, POLICE OFFICERS MUST HAVE A WARRANT!

Now go back to law school, you obviously slept thru that class.....

119 posted on 09/17/2022 7:13:39 AM PDT by Hot Tabasco (Don't walk thru the watermelon patch)
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To: bort
And there it is...

These black “victims” would be far fewer if they simply acted cordial.

"Oh lordy mister po-leaze officer sir, wez dont wants no troubles round hears partz, we just being on our porch shucking and jivn like us blackies want ta do. But iffn youze says we be grown' that there weed not on our property, you probably be right, plez dont beat on me to hard, sir when youze arrest me."

That kind of "cordial"?

120 posted on 09/17/2022 7:56:31 AM PDT by MD Expat in PA (No. I am not a doctor nor have I ever played one on TV. The MD in my screen name stands for Maryland)
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