2024.09.13 U.S. Ninth Circuit Court of Appeals Written Decision: cdn.ca9.uscourts.gov/datastore/memoranda/2023/10/30/22-15665.pdf Father vs. the Fuzz: 2A Fight Heads to Federal Court! 💪🔥 ruclips.net/video/zHTWonkRzuE/видео.html Dad Defeats DA!💥 No Immunity for Lying Prosecutors in Civil Rights Suit! ruclips.net/video/hDoYNtKlF58/видео.html Lose 2A Rights for Mean Emails!😳 Susan Bassi’s Emails That Disturb the Peace Are Domestic Violence! ruclips.net/video/PKO6qQg-c2o/видео.html Father Gets $$$ From Corrupt El Dorado County, CA: ruclips.net/user/shortsi21jCcpJF7w?si=YiLrHHqIxxJcXp2j False Arrest Body-Cam One! 😳 El Dorado County, CA Obtains Warrant by Fraud & NV AG Participates!:ruclips.net/video/oJOtgCwh6OU/видео.html Kidnapper Judge Cindy Hendrickson Revokes Illegal Order 😳 (2023)! Admits Denying Me Due Process! ruclips.net/video/hRaX0g7rgS8/видео.html Ring Camera! Kidnapping Coppers Exposed! 😳 Admit I Reported Corruption But Refuse to Investigate! ruclips.net/video/ONUR0GL9Voc/видео.html Father Exposes Santa Clara Superior Court Complaint Shredding Operation: ruclips.net/video/u4JCc4qO30o/видео.html Another Interesting Case (lots more on my channel): Lawyer Cites Fake Cases! 😳 Parent's Civil Rights Appeal Thrown Out Due to Professional Misconduct! ruclips.net/video/1nmqZpPgfjE/видео.html UNLIMITED IMMUNITY! 🙄 State Judges Are Supreme Beings! But You Can Win Declaratory Relief! 42USC1983 ruclips.net/video/RFZCAdZeIso/видео.html Gangsta CPS Loses Immunity! 😳 Demands the Right to Lie to Violate Citizens & Kidnap Kids! ruclips.net/video/llXqlKB_AME/видео.htmlsi=q974eNTgxew4MKqE ----- I'm just trying to be a dad after my kids were abducted. Why I am the Father in Exile: How to Fight Corrupt Family Court (Expose it!) ruclips.net/video/pVgudZtNYiQ/видео.html Voter Fraud and Abduction Admission Caught on Court TV in NV ruclips.net/video/J9FeWPKEFo8/видео.html Judicial Misconduct & Rights Violations Caught on Court TV - Santa Clara, CA Judge Roberta Hayashi ruclips.net/video/Zgog-NLFyC8/видео.html Secret Judge Club Exposed 😳 at Corrupt California State Bar Meeting! (2023) ruclips.net/video/LHRTQh0WTYk/видео.html Santa Clara County California Superior Court Judges Who Deny Due Process and Participate in Misconduct and Felonies: Roberta Hayashi, Cindy Seeley Hendrickson, Brooke Blecher, Thomas Kuhnle. Transcripts and Filings Will be Released Publicly on this Channel.
Qualified Immunity is clearly a joke. Judges already have very broad authority to dismiss frivolous lawsuits. How can a prisoner make a timely response to legally mailed documents if the prison withholds the mail and does not notify the prisoner that their mail is being held? Missing key dates can result in SEVERE legal consequences.
Don't forget that they kept it a further 40 days, even once he had returned, which was 4 days after his father died. To me, their argument that the mail room didn't know where he was, (even if that was avalid argument, which I dont believe it is), cannot stand once he is back in their facility(prison) and was there for a full 40 days before they finaly gave him his stored mail. Therefore, to me, that smacks either of intentional, deliberate and malicious withholding his mail, or gross negligence and incompetence. That is a point for a jury to decide which of those two possibilities it is. Either way it is a clear breach of his constitutional rights and a breach of their own policy that states "immediately forward the mail", which later changed from "immediately" to "within 7 days". They still did neither of these, even after he had returned to their facility (jail), and they could easily have given him his mail once he returned to them given that they had to have known where he was at least by the time he had returned to them! Note that their own prison policy does state that they must forward the mail immediately and to what ever agency is now holding the prisoner. It doesn't say they can hold it, or how long they can hold it just because he is in the custody of another governnent agency. This clearly contradicts the spirit if not the word of their own policy to forward it immediately (or within 7 days as it was later changed to), and to what ever agency is holding him. They swore an oath to uphold the constitution and therefore undisputedly, must not infringe upon his right to receive his mail without undue delay. The prison therefore had a duty to make considerable efforts, (which they did not do), to try to find where the prisoners was, and continue to keep trying to find them, until they do eventually find them, in order to forward their mail to them. Remember thst their own policy specifically mentioned their requirement to forward it to what ever agency was holding him. Therefore I beleive this clearly implies an obvious duty of care to confirm a valid mail forwarding address. In this case they didn't do that, and in fact they didn't even give him his stored mail for 40 more days after he had returned back to the same prison! I believe that the prisons argument that they presented here at this appeal hearing, that it wasn't reasonable for them to forward mail to a prisoners in transit, is a disingenuous one. The policy clearly does not give them leeway to make those kind of decisions and their own response of only giving him his mail 40 days after ge returned to the facility proves this. They still had a clear duty of care to find out where is, no matter how long thst takes or how long he is in transit for, in order to forward his mail to him. The fact that such a long transportation period may legitimately breach the aspect of the policy to immediately or within 7 days forward the mail, is a separate argument, and one thst they would win, I believe, if they were showing good faith by even attempting and continuing to attempt to find out his forwarding address for his stored mail to be sent to! However, even as blind man can see that the prison didn't do any of these things here!
Their reliance on prior caselaw in courts instead of any reasonable common-sense moral/ethical standards is really a problem. I'm reminded of Toby from the office saying it would be impossible to make an HR rule book that specifically addresses all the niche circumstances Michael contrives. One shouldn't need caselaw to determine what's right and wrong and certainly not to know that holding someone's mail for several months without their knowledge or consent is wrong.
We are responsible for a prisoners mail. So you knew the guy was not in his cell for months. Did you make any attempt to find out where he was and/or let him know he had mail and if he would like it forwarded on? Well there is no case law that says we have to care.... Pretty sure that falls under plainly incompetent as far as 1983 QI rulings.
@@fatherinexile Sad thing it sounds like this guy's dad died a few days before he finally got his mail many months later and he didn't get any correspondence until after he had passed. I can only imagine what they might have been trying to communicate while he was still alive. And even worse he lost out on a fundamental appeal option because of the lack of mail.
@@enderfal I was in jail for 2 weeks after scumbag NV AG Aaron Ford falsely arrested me and kidnapped my kids. It was 2 weeks because loser Las Vegas Judge Eric Goodman somehow thinks I don't get the same bail rules as other Nevada citizens, because I was arrested on a California warrant that has no legal effect in NV. I was tortured in jail. I can tell you that they routinely play games with prisoner's due process rights, and it must have been devastating for him to find out about his father after the fact. I will not stop my lawsuits until I get injunctions against government losers and their depositions are plastered all over RUclips. And then I'm going to teach others what I learn. Enough is enough with these TaxpayerDefrauders!
There may have been a small window of escape in the State's argument due to the unknown/moving address. However even if we accept all of the "I don't know how long he will be gone" or "I don't know where to forward" (which seems ridiculous to a reasonable person), there's _still_ the clearly established cases which are relevant here because *they **_still_** withheld that mail for 40 days after he returned to the prison.*
Merry Christmas or Happy Holidays! I think I told you I was starting paralegal school. I shared your channel with my professor and he may be interested in sharing a case or 2 with class. Does he need any permission? Oh, and how's your rescue dogs 🐾
He does not need my permission to use any public, court related content from my channel. Check out my latest shorts to see how the doggies are doing! Congrats on starting school!
@@16MedicRN Also make sure you point your professor to my posts tab and my videos where I update everyone on my personal case and post the judge's orders. Your professor may be interested in a pro se father making mincemeat out of dozens of lawyers.
She's arguing no obligation. Maybe not by their POLICIES but alternate legislation, which is obligation heavy: That once mail has been delivered to a place where the addressee recieves mail, anyone getting in-between the mail's delivery by the Postmaster Generall, that interception is theft. Offences under that statute are severe given the legal power and responsibility of the Postmaster General. This is the law in 🇨🇦. I'll have to watch and see if the defence argues something similar. Are these lawyers new? They are pulling irrelevant law. What a mess! Disbarred, both of you.
If he asked the marshall for his mail at some time during the seven months I could see a clear violation but OUT TO COURT, it's reasonable to assume they're coming back or getting a status update... No case imho unless he asked for it.
He was out doing witness stuff with the marshall so it's very likely the prison had no idea where he was. The Marshalls are a higher agency and have concerns about gangs jacking transports ect so often don't tell the prison much. It's like fbi for prisons.
@@rumls4drinkin What that implies is that the prison, which has a duty of care, lost a prisoner. Plainly incompetent, and arguably criminal negligence. Also, in US prisons, cellphones are considered contraband - which means that, outside of a prisoner deciding to use their time to call their lawyer on a regular basis, a prisoner not receiving their mail has zero ability to actually know whether or not they have anything they need to respond to (such as appeals, *other* court cases, etc.) which, as others have pointed out, can have serious legal ramifications. Not to mention the fact that their lawyer is likely not the person receiving their mail, so whether or not they're calling their lawyer is probably irrelevant. In addition, a prisoner not receiving their mail can be expected to have a higher level of disconnect from non-incarcerated communities. A lack of connection to people outside prison is one of the biggest causes of recidivism - which means that withholding prisoner mail leads to higher crime rates *and* a higher rate of reoffending. Furthermore, the idea that prisoners have to ask to receive their mail, rather than just be given it, *further* disadvantages an already disadvantaged group, and can potentially see them faling victim to brutality because they want their legal rights to be respected - this is particularly egregious if someone has been falsely convicted. So, to make a long story short - no, he does (or at least certainly should) have a case. And also - come on man, *seven months* without receiving mail.
Qualified immunity does have to go & I love the channel but, do you think you could possibly upload a case that qualified immunity is granted every once in a while? I only ask that because it would allow for some uncertainty & also give viewers a chance to decide for themselves if it was or wasn't granted before knowing the actual verdict? I'm only making a suggestion & I'll continue to watch the cases either way but, I think it might add a little something something to channel!
The reason I am uploading these this way right now is that I have limited time. I am totally focused on my two federal lawsuits, and my appeal to the 9th circuit. Brief due 12/27. Stay tuned! Anyway, you may be watching these for entertainment, but a lot of people are watching because they are suffering civil rights abuses right now, and are trying to figure out how to protect themselves. These cases are showing them how to do it. How to win. After my own cases are winding down, I will work on making things more balanced and will also add commentary to the videos. I have uploaded one so far where they kept immunity and not a lot of people watched it.
2024.09.13
U.S. Ninth Circuit Court of Appeals
Written Decision: cdn.ca9.uscourts.gov/datastore/memoranda/2023/10/30/22-15665.pdf
Father vs. the Fuzz: 2A Fight Heads to Federal Court! 💪🔥 ruclips.net/video/zHTWonkRzuE/видео.html
Dad Defeats DA!💥 No Immunity for Lying Prosecutors in Civil Rights Suit! ruclips.net/video/hDoYNtKlF58/видео.html
Lose 2A Rights for Mean Emails!😳 Susan Bassi’s Emails That Disturb the Peace Are Domestic Violence! ruclips.net/video/PKO6qQg-c2o/видео.html
Father Gets $$$ From Corrupt El Dorado County, CA: ruclips.net/user/shortsi21jCcpJF7w?si=YiLrHHqIxxJcXp2j
False Arrest Body-Cam One! 😳 El Dorado County, CA Obtains Warrant by Fraud & NV AG Participates!:ruclips.net/video/oJOtgCwh6OU/видео.html
Kidnapper Judge Cindy Hendrickson Revokes Illegal Order 😳 (2023)! Admits Denying Me Due Process! ruclips.net/video/hRaX0g7rgS8/видео.html
Ring Camera! Kidnapping Coppers Exposed! 😳 Admit I Reported Corruption But Refuse to Investigate! ruclips.net/video/ONUR0GL9Voc/видео.html
Father Exposes Santa Clara Superior Court Complaint Shredding Operation: ruclips.net/video/u4JCc4qO30o/видео.html
Another Interesting Case (lots more on my channel):
Lawyer Cites Fake Cases! 😳 Parent's Civil Rights Appeal Thrown Out Due to Professional Misconduct! ruclips.net/video/1nmqZpPgfjE/видео.html
UNLIMITED IMMUNITY! 🙄 State Judges Are Supreme Beings! But You Can Win Declaratory Relief! 42USC1983 ruclips.net/video/RFZCAdZeIso/видео.html
Gangsta CPS Loses Immunity! 😳 Demands the Right to Lie to Violate Citizens & Kidnap Kids! ruclips.net/video/llXqlKB_AME/видео.htmlsi=q974eNTgxew4MKqE
-----
I'm just trying to be a dad after my kids were abducted.
Why I am the Father in Exile:
How to Fight Corrupt Family Court (Expose it!)
ruclips.net/video/pVgudZtNYiQ/видео.html
Voter Fraud and Abduction Admission Caught on Court TV in NV
ruclips.net/video/J9FeWPKEFo8/видео.html
Judicial Misconduct & Rights Violations Caught on Court TV - Santa Clara, CA Judge Roberta Hayashi
ruclips.net/video/Zgog-NLFyC8/видео.html
Secret Judge Club Exposed 😳 at Corrupt California State Bar Meeting! (2023) ruclips.net/video/LHRTQh0WTYk/видео.html
Santa Clara County California Superior Court Judges Who Deny Due Process and Participate in Misconduct and Felonies: Roberta Hayashi, Cindy Seeley Hendrickson, Brooke Blecher, Thomas Kuhnle. Transcripts and Filings Will be Released Publicly on this Channel.
Saying that "The Constitution" is not clearly established Law, is the definition of insanity.
Qualified Immunity is clearly a joke. Judges already have very broad authority to dismiss frivolous lawsuits.
How can a prisoner make a timely response to legally mailed documents if the prison withholds the mail and does not notify the prisoner that their mail is being held?
Missing key dates can result in SEVERE legal consequences.
Yep, failure to object timely is fatal.
Qualified immunity has to go.
🎯
Wow!
Kept his mail from him for 7+ months and they have the gall to argue that they didn't know it was wrong to do so.
Mind Blowing
Taxpayer Defrauder gall knows no bounds!
Don't forget that they kept it a further 40 days, even once he had returned, which was 4 days after his father died. To me, their argument that the mail room didn't know where he was, (even if that was avalid argument, which I dont believe it is), cannot stand once he is back in their facility(prison) and was there for a full 40 days before they finaly gave him his stored mail. Therefore, to me, that smacks either of intentional, deliberate and malicious withholding his mail, or gross negligence and incompetence. That is a point for a jury to decide which of those two possibilities it is.
Either way it is a clear breach of his constitutional rights and a breach of their own policy that states "immediately forward the mail", which later changed from "immediately" to "within 7 days". They still did neither of these, even after he had returned to their facility (jail), and they could easily have given him his mail once he returned to them given that they had to have known where he was at least by the time he had returned to them!
Note that their own prison policy does state that they must forward the mail immediately and to what ever agency is now holding the prisoner. It doesn't say they can hold it, or how long they can hold it just because he is in the custody of another governnent agency. This clearly contradicts the spirit if not the word of their own policy to forward it immediately (or within 7 days as it was later changed to), and to what ever agency is holding him. They swore an oath to uphold the constitution and therefore undisputedly, must not infringe upon his right to receive his mail without undue delay. The prison therefore had a duty to make considerable efforts, (which they did not do), to try to find where the prisoners was, and continue to keep trying to find them, until they do eventually find them, in order to forward their mail to them. Remember thst their own policy specifically mentioned their requirement to forward it to what ever agency was holding him. Therefore I beleive this clearly implies an obvious duty of care to confirm a valid mail forwarding address.
In this case they didn't do that, and in fact they didn't even give him his stored mail for 40 more days after he had returned back to the same prison!
I believe that the prisons argument that they presented here at this appeal hearing, that it wasn't reasonable for them to forward mail to a prisoners in transit, is a disingenuous one. The policy clearly does not give them leeway to make those kind of decisions and their own response of only giving him his mail 40 days after ge returned to the facility proves this. They still had a clear duty of care to find out where is, no matter how long thst takes or how long he is in transit for, in order to forward his mail to him. The fact that such a long transportation period may legitimately breach the aspect of the policy to immediately or within 7 days forward the mail, is a separate argument, and one thst they would win, I believe, if they were showing good faith by even attempting and continuing to attempt to find out his forwarding address for his stored mail to be sent to! However, even as blind man can see that the prison didn't do any of these things here!
This reminds me of a kid trying to come up with a lie so they don’t get in trouble!!! This proves these are just kids playing make believe!!!!!
Their reliance on prior caselaw in courts instead of any reasonable common-sense moral/ethical standards is really a problem. I'm reminded of Toby from the office saying it would be impossible to make an HR rule book that specifically addresses all the niche circumstances Michael contrives. One shouldn't need caselaw to determine what's right and wrong and certainly not to know that holding someone's mail for several months without their knowledge or consent is wrong.
Its crazy to me how many lawyers will argue against their own rights. They would literally give them a away to make a buck, disgusting
🎯
@@fatherinexile everyone is entitled to a vigorous defense
Mailroom meanie makes man miss mail for months
I like it!
It's well established law to not interfere with mail delivery. Qualified immunity revoked.
Your entire existence is for the delivery of mail. Past six months, it should be a defacto loss of immunity under willful neglect.
We are responsible for a prisoners mail. So you knew the guy was not in his cell for months. Did you make any attempt to find out where he was and/or let him know he had mail and if he would like it forwarded on? Well there is no case law that says we have to care....
Pretty sure that falls under plainly incompetent as far as 1983 QI rulings.
The lower court said this appeal was frivolous! Look at the money this lawyer representing the government stole from taxpayers for this nonsense!
@@fatherinexile Sad thing it sounds like this guy's dad died a few days before he finally got his mail many months later and he didn't get any correspondence until after he had passed. I can only imagine what they might have been trying to communicate while he was still alive. And even worse he lost out on a fundamental appeal option because of the lack of mail.
@@enderfal I was in jail for 2 weeks after scumbag NV AG Aaron Ford falsely arrested me and kidnapped my kids. It was 2 weeks because loser Las Vegas Judge Eric Goodman somehow thinks I don't get the same bail rules as other Nevada citizens, because I was arrested on a California warrant that has no legal effect in NV. I was tortured in jail. I can tell you that they routinely play games with prisoner's due process rights, and it must have been devastating for him to find out about his father after the fact. I will not stop my lawsuits until I get injunctions against government losers and their depositions are plastered all over RUclips. And then I'm going to teach others what I learn. Enough is enough with these TaxpayerDefrauders!
@@fatherinexile You are doing great work showing the slovenly disregard for citizen's right precisely because of Qualified Immunity.
There may have been a small window of escape in the State's argument due to the unknown/moving address.
However even if we accept all of the "I don't know how long he will be gone" or "I don't know where to forward" (which seems ridiculous to a reasonable person), there's _still_ the clearly established cases which are relevant here because *they **_still_** withheld that mail for 40 days after he returned to the prison.*
If they were withholding her mail she would be outraged. BS argument
thanks again
You’re welcome!
Most appeal judges don't seem to like QI but are stuck with it because of the Supreme Court.
The Supreme Courr cannot make law. Qualified immunity is unconstitutional
There are times I feel sorry for attorneys that have to defend the indefensible, this is one of them.
Merry Christmas or Happy Holidays! I think I told you I was starting paralegal school. I shared your channel with my professor and he may be interested in sharing a case or 2 with class. Does he need any permission? Oh, and how's your rescue dogs 🐾
He does not need my permission to use any public, court related content from my channel. Check out my latest shorts to see how the doggies are doing! Congrats on starting school!
@fatherinexile will do. Love those pups!
@@fatherinexile And, thank you 🙏
@@16MedicRN Also make sure you point your professor to my posts tab and my videos where I update everyone on my personal case and post the judge's orders. Your professor may be interested in a pro se father making mincemeat out of dozens of lawyers.
She's arguing no obligation. Maybe not by their POLICIES but alternate legislation, which is obligation heavy: That once mail has been delivered to a place where the addressee recieves mail, anyone getting in-between the mail's delivery by the Postmaster Generall, that interception is theft. Offences under that statute are severe given the legal power and responsibility of the Postmaster General. This is the law in 🇨🇦. I'll have to watch and see if the defence argues something similar.
Are these lawyers new? They are pulling irrelevant law. What a mess! Disbarred, both of you.
You can say that this case was shipped out.
📦
If he asked the marshall for his mail at some time during the seven months I could see a clear violation but OUT TO COURT, it's reasonable to assume they're coming back or getting a status update... No case imho unless he asked for it.
He was out doing witness stuff with the marshall so it's very likely the prison had no idea where he was. The Marshalls are a higher agency and have concerns about gangs jacking transports ect so often don't tell the prison much. It's like fbi for prisons.
@@rumls4drinkin What that implies is that the prison, which has a duty of care, lost a prisoner. Plainly incompetent, and arguably criminal negligence.
Also, in US prisons, cellphones are considered contraband - which means that, outside of a prisoner deciding to use their time to call their lawyer on a regular basis, a prisoner not receiving their mail has zero ability to actually know whether or not they have anything they need to respond to (such as appeals, *other* court cases, etc.) which, as others have pointed out, can have serious legal ramifications. Not to mention the fact that their lawyer is likely not the person receiving their mail, so whether or not they're calling their lawyer is probably irrelevant.
In addition, a prisoner not receiving their mail can be expected to have a higher level of disconnect from non-incarcerated communities. A lack of connection to people outside prison is one of the biggest causes of recidivism - which means that withholding prisoner mail leads to higher crime rates *and* a higher rate of reoffending.
Furthermore, the idea that prisoners have to ask to receive their mail, rather than just be given it, *further* disadvantages an already disadvantaged group, and can potentially see them faling victim to brutality because they want their legal rights to be respected - this is particularly egregious if someone has been falsely convicted.
So, to make a long story short - no, he does (or at least certainly should) have a case. And also - come on man, *seven months* without receiving mail.
Keep doing stuff like this.
🫡
👀✌️
✌️
Qualified immunity does have to go & I love the channel but, do you think you could possibly upload a case that qualified immunity is granted every once in a while?
I only ask that because it would allow for some uncertainty & also give viewers a chance to decide for themselves if it was or wasn't granted before knowing the actual verdict?
I'm only making a suggestion & I'll continue to watch the cases either way but, I think it might add a little something something to channel!
The reason I am uploading these this way right now is that I have limited time. I am totally focused on my two federal lawsuits, and my appeal to the 9th circuit. Brief due 12/27. Stay tuned! Anyway, you may be watching these for entertainment, but a lot of people are watching because they are suffering civil rights abuses right now, and are trying to figure out how to protect themselves. These cases are showing them how to do it. How to win. After my own cases are winding down, I will work on making things more balanced and will also add commentary to the videos. I have uploaded one so far where they kept immunity and not a lot of people watched it.
Great suggestion
Every woman lawyer voice is so shakey. I get it's scary. They are not prepared.