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U.S. Constitution Title: Taxpayers to Be Held Liable After Cops Steal Man’s Phone, Film Themselves Conspiring to Frame Him Hartford, CT — On September 11, 2015, journalist and police accountability activist, Michael Picard was illegally detained for lawfully open carrying and filming police on public property. During the illegal detainment, Connecticut state troopers confiscated his gun and his camera. However, the trooper who took the phone went on to make a critical mistake — he left the camera rolling while conspiring with fellow officers to falsely charge Picard. In 2017, it was revealed by the department that they investigated themselves and found they did nothing wrong when they conspired to frame an innocent man. “They were exonerated,” police union attorney Mark Dumas said. “The troopers didn’t do anything wrong. They were doing their jobs, and they do an excellent job.” Apparently this “excellent job” consisted of trampling the rights of an innocent person and conspiring to have them kidnapped and locked in a cage. Sure thing, Dumas. Now, because the system failed to hold the officers accountable, the case is now a civil matter and the troopers involved have been ordered to stand trial in the civil suit brought on by the ACLU of Connecticut. The taxpayers, not the officers will be the ones to pay for the crimes. The Free Thought Project spoke to the ACLU via email this week, who issued the following statement on the case. “The Constitution is clear: people have a right to protest the police, and people have a right against police taking their property from them without a warrant,” said ACLU of Connecticut legal director Dan Barrett, who is representing Picard in the lawsuit. “The evidence, including video, will show that these police employees were more concerned with covering up their bad behavior, undermining free speech, and retaliating against a protester than with upholding the law. We look forward to getting justice for Michael in front of the jury.” We agree. TFTP also spoke to Picard, who told us the following. “People have the right to protest, including the right to protest police, without ticketing or retaliation against them. I am deeply disappointed that these police ignored my rights, and I am hopeful that the court will hold them accountable so that no one else has to experience what I did,” said Picard. As TFTP reported at the time, on that September night, Picard and a friend were on public property and warning drivers of a DUI checkpoint ahead. They were several hundred yards from the checkpoint and not interfering at all when troopers drove up, without lights on, and against the flow of traffic, to begin harassing the two gentlemen. Trooper First Class John Barone, Sergeant John Jacobi, and Trooper Jeff Jalbert falsely claimed that Picard was waving his gun around and pointing it at people. However, Picard was holding a sign the entire time and did not touch his gun. Also, as you will see below, the officers admit that they were lying. “Police should be focused on public safety, not punishing protesters and those who film public employees working on a public street,” said ACLU-CT legal director Dan Barrett, who is representing Picard in the lawsuit. “As the video shows, these police officers were more concerned with thwarting Mr. Picard’s free speech and covering their tracks than upholding the law.” Had Picard actually been waving a gun, these troopers would have approached the situation in an entirely different manner, with guns drawn and possible SWAT backup. However, they did no such thing, because there was clearly no threat from the activists. The fact that there was no threat did not stop the subsequent assault, however. Two troopers approached Picard while forcefully removing his gun and then grabbing his camera, falsely claiming it is illegal to film. When Picard informs the officer can legally film here, the officer ignorantly asserts that “It’s illegal to take my picture. Personally, it is illegal.” “Did you get any documentation that I am allowing you to take my picture”? asks the cop. When Picard attempts to explain to the aggressive officer that he doesn’t need a permit because he is on public property, the trooper then makes the asinine declaration that, “No I’m not (on public property). I’m on state property. I’m on state property.” State-owned roadways and right of ways are public property. The trooper’s assertion that it is illegal to film on his ‘state property’ was entirely false and in violation of Connecticut Bill No. 245, which “protects the right of an individual to photograph or video record peace officers in the performance of their duties.” All this aggressive and unlawful behavior of these troopers, however, was about to come back to haunt them. After illegally confiscating the camera — the trooper forgot to stop it from recording. What happened next was a behind the scenes glimpse of what it looks and sounds like when cops lie to charge innocent people with crimes.
The corruption starts as an unidentified trooper begins to search for anything that these gentlemen may have done to make up charges against them. However, they were clean. At this point, Trooper first class Barone chimes in describing how they now have to charge these men with something to justify their harassment and subsequent detainment. “Want me to punch a number on this? Gotta cover our ass,” explains the trooper as they begin conspiring. “Let’s give him something,” says an unidentified trooper, pondering the ways they can lie about this innocent man. “What are they going to do? Are they going to do anything?” says Sergeant Jacobi, noting that they are entirely innocent. “It’s legal to do it,” he continues, describing how the actions of the two activists are completely legal, before going on to make up charges on them. “I think we do simple trespass, we do reckless use of the highway and creating a public disturbance,” Jacobi says as he makes up these false charges against innocent people. “All three are tickets.” Once they figure out the false charges to raise, the officers then brainstorm a story of lies to back them up. “And then we claim that, um, in backup, we had multiple, um,” the unidentified trooper stutters as he makes up his fake story. “Um, they (the non-existent complainants) didn’t want to stay and give us a statement, so we took our own course of action.” The corrupt cops had then solved their fake case, lied about a cover story, and were set to charge an innocent man with three crimes — all in a day’s work. But there was just one more thing…. “Oh s**t!” blurts out the cop as he realizes their entire scandalous corrupt conversation was just recorded. Apparently, however, the officer felt that it must not have recorded their conversation as the phone was returned. The cops then gave the innocent man back his weapon, and it’s back to the DUI checkpoint for them — to harass and detain more innocent people. Picard explained that all of the troopers involved in his unlawful situation were never disciplined and allowed to progress through the ranks, with some of them retiring. Picard explains:
This is justice in the land of the free. Post Comment Private Reply Ignore Thread Top • Page Up • Full Thread • Page Down • Bottom/Latest Begin Trace Mode for Comment # 93.
[Matt Agorist] The taxpayers, not the officers will be the ones to pay for the crimes. One must wonder why the taxpayer will pay if no governmental entity is a party to this lawsuit. The COMPLAINT at 2, paragraphs 10-13, identifies the Defendants:
10. Defendant John Barone was and is, at all time relevant to this suit, employed by the Division of State Police within the Connecticut Department of Emergency Services and Public Protection, with the job title of trooper first class. No government entity is party to the lawsuit. The three officers are sued in their individual capacity. Just curious, but what is your legal theory of government liability. Do you infer that the court may order the government to pay, even though they are not party to the lawsuit? If you have no legal theory, you may have to start riding the short bus again.
#76. To: Deckard, A K A Stone (#74)
[nolu chan #74] No government entity is party to the lawsuit. The three officers are sued in their individual capacity. Just curious, but what is your legal theory of government liability. Regarding a legal theory, it appears the legal theory is *c*r*i*c*k*e*t*s*. https://libertysflame.com/cgi-bin/readart.cgi?ArtNum=60173&Disp=7#C7
[A K A Stone] The free thought project article in question contained no lies. The tax payers will pay. Why? What is your legal theory? Do you expect the court to order the taxpayers to pay? Perhaps a U.S. Supreme Court opinion will help rouse y'all from your stupor. Edelman v. Jordan, 415 U.S. 651, 677 (1974) At 675-677:
But it has not heretofore Just asking, trying to clarify what y'all are saying. Do you expect judgment for the plaintiff and against the government?
#78. To: Deckard (#76) Deckard, where are you? Stand tall and be counted. Hiding in a corner, squatting in your own puddle of warm piss is no way to go through life. I await your legal theory of how the taxpayers are liable. In the meantime, while you hide in silence... With a view toward your CLE, here is another U.S. Supreme Court opinion.
Anderson v. Creighton et al, 483 U.S. 635 (1987) qualified immunity
#83. To: nolu chan (#78) The state, faced with the expected testimony of child-protection experts and a social worker’s troubling case notes, has reached a $4.97 million settlement with the father of Athena Angeles, the 3-year-old Windham girl who was beaten to death in 2011 by her mother’s live-in boyfriend despite her bearing the black eyes and bruises of previous abuse and the warning calls of the staff at her pre-school. There is a different case in connecictut and they settled and payed taxpayer money. So they do pay out and were held liable. In the end I suspect Connecticut will pay out in the case we are discussing too. If I am wrong I don't care. It is just my opinion of what will happen. States pay out all the time.
#85. To: A K A Stone (#83) Well, maybe. Apparently there is a state law that can into play.
Due to the state's indemnification law, courts may assign liability to parties not named in the original lawsuit. Or so it seems. I can't find anything that indicates that Connecticut's legislature has subsequently changed that law so it does seem that it is still in effect. Unless nolu can prove that avenue of liability has otherwise been closed off. Certainly, AKA has an argument to make here since a court did impose liability on a party (the town) which was not originally named as a plaintiff in the case. And a federal court could do the same, using Connecticut's own indemnification laws and precedents like this case to justify such a decision.
#86. To: Tooconservative (#85) courts may assign liability to parties Spreading liability (aka passing blame for personal responsibilities) IS A LIBERAL TRAIT. I’d be cautious about how far you would support such a slippery slope... even if it is a police officer you would like to hem-up. IMHO, when someone is able to walk to a vehicle, unlock it, sit in it, start it.... and drive it any kind of distance, and they willingly drank alcohol, there is only ONE person 100% responsible.
#87. To: GrandIsland, nolu chan, A K A Stone, Deckard (#86) (Edited) I’d be cautious about how far you would support such a slippery slope... even if it is a police officer you would like to hem-up. I am not supporting it at all. I don't live in Connecticut and have no opportunities to change the unique laws of Connecticut. I am simply demonstrating a case where Connecticut law and Connecticut courts and a Connecticut jury did assign liability to a party not named in the lawsuit (the town) when an off-duty cop let a drinking buddy drive and kill himself and a few others. The jury said, at least in part, that the town was responsible because the job description for town police was that they were considered on-duty 24 hours a day and therefore they were always acting under the city's civil liability, even if the city is not named in a lawsuit. Unless the laws of Connecticut are changed, it seems to me that in another case where Connecticut state police are being sued, another jury and another court might decide that the state is responsible for their actions. So do you know whether CT state police are considered legally on-duty 24 hours a day or not? If they are, then how can the state be shielded from liability for any action of state cops as long as it happens on Connecticut soil? There may not be federal laws that can apply to this (as nolu says) but a federal court can and will impose liability if the federal court believes that the state courts are misapplying state laws or are acting corruptly in trying to let responsible agencies off the hook for their liability regarding the conduct of their employees. Federal courts are not utterly powerless in such cases even if federal laws do not apply directly.
IMHO, when someone is able to walk to a vehicle, unlock it, sit in it, start it.... and drive it any kind of distance, and they willingly drank alcohol, there is only ONE person 100% responsible. Well, you'd better move to Connecticut and inform the jurors and the voters and the courts of that fact. Have fun with that.
#88. To: Tooconservative (#87) So do you know whether CT state police are considered legally on-duty 24 hours a day or not? There is case law that state they can make arrests, off duty, provided they have the PC to make that arrest, and if they get hurt making that arrest, they are covered by work insurance. However, they aren’t paid off duty... so I would think they don’t have to act.
#89. To: GrandIsland (#88) There is case law that state they can make arrests, off duty, provided they have the PC to make that arrest, and if they get hurt making that arrest, they are covered by work insurance. And yet, in the CT case I cited, the jury did hold the town liable.
#90. To: Tooconservative (#89) And yet, in the CT case I cited, the jury did hold the town liable. Where does your local court pick it’s jury pool from? The same liberally indoctrinated people that watch MSM, get college indoctrinated degrees... and watch indoctrinated Hollyweird on TV. Pretty soon, we’ll be able to sue a taxi driver for going off duty 5 minutes before a drunk leaves the bar. Of course he could have prevented it.
#91. To: GrandIsland (#90) Pretty soon, we’ll be able to sue a taxi driver for going off duty 5 minutes before a drunk leaves the bar. Of course he could have prevented it. Well, maybe. I wonder what the liability is if a veteran police officer poisons a neighbor's cat with a fish poisoned with antifreeze, a piece of bait intended to harm a domestic animal. What would the police officer's employer's liability be? Know of any cases like that? I know a lot of states have laws to protect domestic animals, even crappy ones like rats and hamsters and ferrets, from being killed even if the laws would otherwise allow it if they were not someone's pet. You may be able to kill feral cats in all 50 states. But a cat or dog or other pet is pretty hard to consider feral, especially if they have a home base and lack hunting skills to feed themselves which is true of a lot of pets, some of whom may kill prey, like a cat killing a mouse, but won't eat it.
#92. To: Tooconservative (#91) You may be able to kill feral cats in all 50 states. But a cat or dog or other pet is pretty hard to consider feral, especially if they have a home base and lack hunting skills to feed themselves which is true of a lot of pets, some of whom may kill prey, like a cat killing a mouse, but won't eat it. If it’s roaming free... it’s feral. do·mes·ti·cate (dY-ms′t--kt′) tr.v. do·mes·ti·cat·ed, do·mes·ti·cat·ing, do·mes·ti·cates 1. To cause to feel comfortable at home; make domestic. Wild animals roam. Domestic pets belong on your property or IN your home. Do you let your cat shit on your neighbors, too? Be honest.
#93. To: GrandIsland (#92) I don't have any pets currently. I take a very dim view of large dogs roaming free and leaving surprises on other people's lawns to find when mowing grass. I'm extremely hostile to large dogs crapping on my lawn and to their owners. Cats, well, I don't like the little dead-looking spots they cause for a month when they take a big pee on your lawn. But their turds aren't big enough to make a mess out of the mower. So I wouldn't throw a antifreeze-poisoned fish out on the lawn to kill a trespassing cat to keep it from peeing or pooping on my lawn, you know, like some cops would. We do have a roaming cat problem in the neighborhood though. Including mama cats who keep crapping out litters of kittens. They were down to two kittens, then one disappeared. Last week, I went out to walk and noticed the last kitten, barely able to navigate on its own, was crying and mewling more than a block away in the alley. I think its mama lost track of it and it wandered off. It's probably dead by now if some softie idiot didn't take it in so they could brag to their friends about "rescuing" that poor kitten, blah-blah-blah. So we're back to a couple of mama cats, waiting to get knocked up and have kittens in the spring, of which only one or two will survive to reproduce. But they don't make a big mess or pee on stuff too much. I suppose they do pose a hazard to other cats and the old bat and her granddaughter who feed the cats (sometimes) and let them live under her porch might catch toxoplasmosis from them but that is their business if they want to catch brain diseases from semi-feral cats. It's a free country and people can have all the cat-based brain diseases they want.
Replies to Comment # 93. #94. To: Tooconservative (#93) (Edited) We do have a roaming cat problem in the neighborhood though. You wanna know how that’s caused? lol. Two things. 1) Lazy cat owners like A K A Flip Flop, who are too fucking lazy and cheap to buy cat litter, and clean a fucking litter box. So they love on the cat for an hour a day and allow it to shit on their neighbors for 23.... that’s called love. Then they EXPECT ME TO VALUE THEIR CAT, LIKE THEY DO. YOUR CAT is no different than a deer to me. You expect too much. 2) Sheep that allow it, and call animal control... and nothing is done. For the record, I’ve not killed a single kitty, besides a few unfortunate ones that kamikaze ran under my moving vehicle... and I don’t even know if they died. I just can testify that when I looked in the rear view mirror, the vermin was still flopping around like a fish out of water.
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