Posted on 07/15/2016 7:15:40 AM PDT by Hotlanta Mike
San Jose, Calif. -- Fourteen individuals who attended the Donald J. Trump presidential campaign rally on June 2, 2016, in San Jose, Calif., filed a class action lawsuit this morning against the City of San Jose, its mayor, Sam Liccardo, its chief of police, Edgardo Garcia, certain named individual rioter defendants, and 38 yet-unknown "Doe" defendants, alleging that the Defendants created a dangerous situation for all Trump Rally attendees that caused plaintiffs to be exposed to brutal assault, intimidation, false imprisonment, and threats by an angry mob of hundreds of anti-Trump protesters.
“Law-abiding citizens leaving the Trump rally were victimized by being forced by armed police to walk into a riot in full swing where many were assaulted while police looked on," said Plaintiffs' attorney, Harmeet K. Dhillon. “We seek redress for the serious physical and other injuries our clients and the class suffered as a direct result of the City’s acts and omissions, as well as the deliberate acts of the individual assailants."
(Excerpt) Read more at us3.campaign-archive1.com ...
Excellent.
Good for them. It’s time to stop just taking it and fight back.
Yes. Cleveland take notice.
I wish I had a sliver of faith left in our criminal justice system.
Still, I hope this has legs.
Trump for President.
If successful these suits will cause property taxes to soar and result in these elected and appointed officials to be tossed out by outraged citizens.
This is the CIVIL Justice system. If you believe in huge jury awards, then this is the court system you want to be in.
Good
GOOD! But you know they’ll say it’s Trump’s fault. “Hateful rhetoric.”
Excellent. Beat the litigious left with their own weapons, HELL yeah!
Great idea.
Just wondering though, where will they find a court to accet the suit? My guess is, they will be turned down for the reason most of us do not understand.
Lack of Standing.
Although the Hobbs Act was enacted as a statute to combat racketeering in labor-management disputes, the statute is frequently used in connection with cases involving public corruption.....
WIKI---The Hobbs Act, named after Congressman Sam Hobbs (D-AL) and codified at 18 U.S.C. § 1951, is a U.S. federal law enacted in 1946 that provides:
(a) Whoever in any way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by robbery or extortion or attempts or conspires so to do, or commits or threatens physical violence to any person or property in furtherance of a plan or purpose to do anything in violation of this section shall be fined under this title or imprisoned not more than twenty years, or both.
Section 1951 also proscribes conspiracy to commit robbery or extortion without reference to the conspiracy statute at 18 U.S.C. § 371.
The Hobbs Act criminalizes both robbery and extortion, where: "robbery" means the unlawful taking or obtaining of personal property from the person or in the presence of another, against his will; "extortion" means the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right.
=======================================
ITEM The Mayor the Police Chief (perhaps the Fire Dept) are easy targets for lawsuits.
La Raza Mayor Liccardo has to be stupidity personified. He has already admitted guilt.... he opined about previous Trump rallies noting "the pattern" of thuggery (using RICO language). He knew there would be trouble.....he abdicated his reponsibility....did nothing to protect San Jose taxpayers from thugs.
===================================================
ITEM Appears there is a conspiracy by Mayor Liccardo and Police Chief Garcia (1) to let thugs burn the American flag, (2) to maul and attack Trump supporters, and, (3) advance intl plots to overthrow the US govt.
L/E looking the other way as Trump supporters were attacked cannot be tolerated. This MUST be investigated and punishment meted out at the highest level possible.
=================================
ITEM Time to open the books of tax-subsidized San Jose law enforcement agencies. What are they requesting tax dollars for? And what are they doing with tax dollars?
Garcia and Liccardo are both La Raza activists---did La Raza ever receive tax dollars from S/J budgets? For what reason? How as it used?
Taxpayers demand investigations by the following agencies commence at once:
<><> FBI -- Wire Fraud Division
<><> IRS-Fraud Unit
<><> Department of Justice’s Office of the Inspector General,
<><> Department of Commerce’s Office of Inspector General.
<><> DOJ's Criminal Division-- Public Integrity Section
<><> DOJ Criminal Division--Organized Crime and Gang Section.
===============================================
ITEM It is also possible that San Jose L/E official committed other federal offenses including but not limited to:
<><> Title 18 U.S.C. §1341, Mail Fraud, 18 U.S.C.§1001, Presenting a False Document to an Agent of the US Government (involves several felonies and could include forgery); NOTE falsifying official documents is the preferred criminal method to cover-up larger crimes)
<><> 18 U.S.C.§1027 False statements and concealment of facts in relation to documents required by the Employee Retirement Income Security Act of 1974 and other possible offenses including civiland/or criminal RICO violations.
<><> 18 U.S.C. §§1961-68 (RICO Act)18 U.S.C. §1001 (making false Statements to Agents of the US Government),
<><> 18 U.S.C. §241(Conspiracies, collusion, aiding and abetting violations of the Civil Rights of San Jose taxpayers).
ITEMPossibly full investigations centering on RICO conspiracies under 18 U.S.C. §1962(c) could be warranted because: (1) the errant L/E personnel are (1) employed by or associated with an enterprise (2) that engaged in or affected interstate commerce and that (3) the persons operated or managed the enterprise (4) through a "pattern" (5) of racketeering activity, and, (6) the taxpayers were injured by reason of the "pattern" of racketeering activity.
Alleged Offenses could include: Violation of Title 18 U.S.C. §241 – Conspiracy Against Constitutional Rights – which prohibits in relevant part, “two or more persons (from conspiring) to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same . . .” See, 18 U.S.C. §241.
<><>42 U.S. Code § 1983 - Civil action for deprivation of rights Current through Pub. L. 114-38. (See Public Laws for the current Congress.)
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable.
For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia. (R.S. 1979; Pub. L. 96–170, Dec. 29, 1979, 93 Stat. 1284; Pub. L. 104–317, title III, 309(c), Oct. 19, 1996, 110 Stat. 3853.)
A very useful “community organizing” tactic Obama and his DOJ would use in this case.
Declare a “civil rights” investigation of the San Jose Police, and mayor.
Use the threat of that to force political and administrative changes that benefit Obama’s ideological allies in that area.
Use same “settlement” for funding of one’s allies.
Glenn Reynolds at Instapundit suggests offended parties might make use of Bivens actions. This makes the gov't offender personally liable for damages. From the link:
About time!
Excellent INDEED.
Just like Mexico for the Wall, they’ll pay for it...
Excellent news bump. It is past time to use lawfare against the Left.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.