The Ninth Circuit Rules the Fairbanks Four Allowed to Sue the City for Malicous Prosecution. Malicious Prosecution is an Epidemic in the United States

Ninth Circuit Clears ‘Fairbanks 4’ to Sue City for Malicious Prosecution 

 

Very happy for them. The Ninth Circuit Court of Appeals just keeps on making good decisions for the people of this country. I am proud of them. Malicious Prosecution is used all over the country, as the justice system has been weaponized against the population just like everything else. They also ruled that arresting the homeless for sleeping outside when there was no room in the shelters was unconstitutional in Martin vs Boise, one would think anyone could figure that out, but bullies seem to ignore laws and the rights of citizens to get their way. There is a combination of racism, incompetence and corruption that cause horrendous cases like this in Alaska. Many of the so called officers of the court are compromised. Check out David Haeg's website, ALASKA -"STATE OF CORRUPTION"

Presenting evidence relevant to the case is one of the things the system seeks to prevent the defendant from doing. They want public defenders to prevent that from happening. They take drastic measures to block pr se defendants from presenting the truth so the public and journalists can figure out what is really going on.





The falsification of the map was done by the Alaska State Troopers I had some corruption from them as well, they lied all the way to the top and had only a short encounter with David Haeg's corrupt judge who doesn't listen to the truth. She is retired now.

Law enforcement in Boise Idaho has harassed me for years, they are as bad as Alaska. But Boise does not allow citizens to even have a voice here. The people running things are incompetent and corporate controlled just like Alaska but block people from contacting them or having meetings with those in charge. Unlike city council or borough type meetings in Alaska where citizens can speak for 3 minutes on any subject they only have certain scheduled topics that can be discussed by citizens and threaten to have people thrown out who try to speak with cops standing by to menace.





There is a lot more I have published and more is coming. That day the Boise Police Department did this menacing behavior which is SOP with them I was working on a video about police harassment and the smear campaign against me they participate in. The NSA or their contractors are generally the ones who monitor electronics for the fusion centers who send these junior high bullies out to stalk and harass citizens minding their own business. The Constitution is taking is taking it's last breaths.

In Alaska over a long period of time the justice system was weaponized so those with power and money could get rid of or harm people in their way. Those who are in the way of corruption and corporate bullying are in general good people trying to change things for the better. 

Recently in a PBS documentary someone described Sarah Palin as being "pre-Trump." We know she takes action to harm people even from a distance using her friends and perhaps relatives in law enforcement. In the case of Shawn Christy this has gone on for over a decade and included setting him up, gangstalking his family with the usual sabotage of his life. I believe they also compromised people to force their cooperation.

Sarah Palin was not the only one who did this. I have just started listening to 'A Very Stable Genius: Donald J. Trump’s Testing of America.' So far they describe people who had no idea what they were doing who did not vet people in the normal way for important government positions. This is one way we got all the corruption that has been being investigated. I described the same thing under Sarah Palin many years ago, that she appointed people based on protection of herself and family, who would cover up for her and would do shady things she asked of them. That is the same as Trump who it is well known based his selection of people in his administration on loyalty to him.  

The court systems are used by corporations and powerful people such as politicians to get rid of people who cause them problems. Corrupt justice is also used to go after subsets of society based on race or poverty. Designing a system where only those who have money to hire a decent lawyer get justice is henious, not democracy, but is what we now have. Even if one gets a public pretender their job is to prevent trials, threaten the client, say positive things about plea deals to get the client to just take a plea, innocent or gulity or guilty of a much lesser crime. 

Many people in Alaska have cases where corruption was the over riding theme in their cases. I am one of those people. I knew absolutely nothing about how the system of justice actually worked still believing the propaganda that the United States had a great system of justice and everyone got a fair trial. No, it is the opposite of that. We have judges who are compromised, some who cooperate with crimes against humanity to get a promotion or job they want. The same is true of other lawyers in the system including public defenders which is part of my own story.  In my corrupt story out of the corrupt court system in Nome Alaska which was designed to railroad Native people into the prison system my first public defender was a very severe drunk, the second one is a pathological liar who worked to screw me over and the third one had issues and is now dead mysteriously, having died on April Fools day. The judge, the same one that screwed over one of the Fairbanks Four, Ben Esch who I called Judge "Ex Parte" Esch due to the tactics he used to screw us died of fast cancer.

It is my belief that the weaponized rapes, lack of law enforcement, crap health care and corrupt justice systems are not just due to racism or incompetence or just not giving a damn about Native people on the part of the government. I believe this was on intentionally done to subjugate the Alaska Natives for oil and mineral interests. I also believe the State Department and DOD are involved.

Law enforcement is also used to falsify, harass, gangstalk, set people up for arrest by traumatizing them until they lose it and do something to get arrested. They are trying to do that to me now and have been for years. The whole damn system is corrupt. I wonder if the DOJ has a department for setting up targets, they could call it The Department of Assholery. Most certainly Fixer Barr would be proud to add it to his pre-crime program and the Presidential Commission on Law Enforcement and the Administration of Justice which will likely be used to get more targets incarcerated. "At the same time, law enforcement faces more and greater challenges than ever before. If the new obstacles presented by technology weren’t enough, in many communities, our officers must confront a wave of social problems, such as homelessness, drug addiction, and mental illness – problems that demand solutions beyond their authority and expertise."

But wait, they use the police to diagnose people, they don't know a damn thing about it but that happens.  They allow the police to slander people in many ways. For instance Greg Russell is used to organize gangstalking for the Department of Public Safety which is over law enforcement, he also does contract work for corporations in which he sets up meetings to mob people. He did that at a USDA senior and disabled apartment complex in Soldotna and considering he is still doing contract work for the city of Nome I believe he was involved in setting one up at Norton Sound Regional Hospital that happened to me because the similarities are amazing.

Why were mentally ill people, the drug addicted and the homeless criminalized and then surrounded by police to harass them? Why are the police in Boise Idaho allowed to stalk, harass and endanger my life by doing things such as run cars at me? Why are the police allowed to refuse to investigate crimes of stalking and harassment? Why are they allowed to do these things themselves? Why are they participating in smear campaigns and slandering targets? 

I believe William Barr was put in place to control more of the good people in this country who are speaking up about Democracy being destroyed, the prison industrial complex, the massive money being spent on the DOD while people who are struggling to live get no help, the intentionally created homelessness crisis, the Phoenix Program in America aka Gladio Program against citizens, the destruction of the environment, etc. We know activists, truth tellers, real investigative journalists, whistleblowers are all under attack, getting arrested for false charges and the usual organized harassment tactics. William Barr is not about justice, what needs to be done is the cleaning up of law enforcement not jacking up the aggressive abuse of certain subsets of the population.

Community policing is community mobbing and created as an essential tool of the organized harassment program managed through the Fusion Centers. It allows them to use bullying and terrorizing tactics against targets by reporting false things to get the police to harass them. It allows moronic bullies to harass people. They use them for many tactics such as just showing up wherever the target goes or by going by them at strategic times to freak them out. I know because they have been doing this to me for years. It is a brownshirt program and they choose people who can't tell the difference between right and wrong, often with low IQs. After living in Boise Idaho I believe about 1/3 of the population here are involved in mobbing people. These are crimes but the perpetrators are protected in a system of corrupt justice using moronic sociopaths to carry out crimes to traumatize good people. Why? The oligarchy seeks to control the population.

Day before yesterday I had harassment issues around the Boise city library system and went to three different libraries trying to get a study room. I am a DES Daughter with immune system issues, so need to protect myself from airborn viruses. Boise is oriented towards younger people, families and ignored the needs of older people and the disabled. I wrote this in a library at a university in Boise. The small study rooms were occupied by men from the homeless community who have issues, they had the lights off and the doors blocked. That is because I used one of those rooms yesterday. That was done to expose me to harassment in a different type of room. While writing this a young black man occupied the room on one side of the one I am in and began doing fake coughing and slamming things around, then he began to yell into his cell phone. Then he left when I got up to ask him why is he yelling. He came back to do some more fake coughing and noise making. There are lots of people in Boise who participate in harassment and disruption, they get paid or get things they want for doing it. There are large numbers of people in this country who will do things to harm others to get something they want.

What I am saying is on every level the government manipulates the population to facilitate their goals. We do not have democracy, we have a system in which people are propagandized to believe they are in one. That is called inverted totalitarianism.

CHIEF JUDGE KOZINSKI, DISSENTING HERO OF THE FOURTH AMENDMENT

Chief Judge Kozinski, "It seems to me that this is what makes this country truly great -- that we can have a judiciary where the person who appoints you doesn't own you."










By Adam Cohen for Time:

Government agents can sneak onto your property in the middle of the night, put a GPS device on the bottom of your car and keep track of everywhere you go. This doesn't violate your Fourth Amendment rights, because you do not have any reasonable expectation of privacy in your own driveway - and no reasonable expectation that the government isn't tracking your movements.
That is the bizarre - and scary - rule that now applies in California and eight other Western states. The U.S. Court of Appeals for the Ninth Circuit, which covers this vast jurisdiction, recently decided the government can monitor you in this way virtually anytime it wants - with no need for a search warrant.
It is a dangerous decision - one that, as the dissenting judges warned, could turn America into the sort of totalitarian state imagined by George Orwell. It is particularly offensive because the judges added insult to injury with some shocking class bias: the little personal privacy that still exists, the court suggested, should belong mainly to the rich.
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Chief Judge Alex Kozinski, who dissented from this month's decision refusing to reconsider the case, pointed out whose homes are not open to strangers: rich people's. The court's ruling, he said means that people who protect their homes with electric gates, fences and security booths have a large protected zone of privacy around their homes. People who cannot afford such barriers have to put up with the government sneaking around at night.

Judge Kozinski is a leading conservative, appointed by President Ronald Reagan, but in his dissent he came across as a raging liberal. "There's been much talk about diversity on the bench, but there's one kind of diversity that doesn't exist," he wrote. "No truly poor people are appointed as federal judges, or as state judges for that matter." The judges in the majority, he charged, were guilty of "cultural elitism."
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There is no liberal or conservative in the constitution. Here is the section this quote comes from:

There’s been much talk about diversity on the bench, but there’s one kind of diversity that doesn’t exist: No truly poor people are appointed as federal judges, or as state judges for that matter, Judges, regardless of race, ethnicity or sex, are selected from the class of people who don’t live in trailers or urban ghettos. The everyday problems of people who live in poverty are not close to our hearts and minds because that’s not how we and our friends live. Yet poor people are entitled to privacy, even if they can’t afford all the gadgets of the wealthy for ensuring it. Whatever else one may say about Pineda-Moreno, it’s perfectly clear that he did not expect-----and did certainly did not consent----to have strangers prowl his property in the middle of the night and attach electronic tracking devices to the underside of his car. No one does.
When you glide your BMW into your underground garage or behind an electric gate, you don’t need to worry that somebody might attach a tracking device to it while you sleep. But the constitution doesn’t prefer the rich over the poor; the man who parks his car next to his trailer is entitled to the same privacy and peace of mind as the man whose urban fortress is guarded by the Bel Air Patrol. The panel’s breezy opinion is troubling on a number of grounds, not least among them it’s unselfconscious cultural elitism.

Judge Kozinski’s dissenting opinion is a thing of beauty and I would encourage everyone to please read the whole thing. I have included my favorite parts which I read with glee and hope I did not wake my neighbor yelling YES several times. Chief Judge Kozinski was born in Romania, his parents were both survivors of the Holocaust. His nicknames are the Big Kozinski and the Wizard of Koz.


…our court now proceeds to dismantle the zone of privacy we enjoy in the home’s curtilage and in public. The needs of law enforcement, to which my colleagues seem inclined to refuse nothing, are quickly making personal privacy a distant memory. 1984 may have come a bit later than predicted, but it’s here at last.

The facts are disturbingly simple: Police snuck onto Pineda-Moreno’s property in the dead of night and attached A GPS tracking device to the underside of his car. The device continuously recorded the car’s location, allowing police to monitor all of Pineda-Moreno’s movements without the need for visual surveillance. The panel holds that none of this implicates the Fourth Amendment, even though the government concedes that the car was in the curtilage of Pineda-Moreno’s home at the time the police attached the tracking device. The panel twice errs in very significant and dangerous ways.
1. The opinion assumes that Pineda-Moreno’s driveway was part of his home’s curtilage, yet concludes that Pineda-Moreno had no reasonable expectation of privacy there. Curtilage is a quaint word most people are not familiar with; even among judges and lawyer, the word is seldom well understood. Yet, it stands for a very important concept because it rounds out the constitutional protections accorded an individual when he is at home.

Curtilage comes to us by way of Middle English and traces it’s roots to the Old French courtillage, roughly meaning court or little yard. In modern times it has come to mean those portions of a homeowner’s property so closely associated with the home as to be considered part of it. The walkway leading from the street to the house is probably part of the curtilage, and the stairs from the walkway to the porch almost certainly are, as is the porch where grandma sits and rocks most afternoons and watches strangers pass by. The attached garage on the side of the house is part of the curtilage, and so is the detached shed where dad keeps his shop equipment and mom her gardening tools-----so long as it’s not too far from the house itself. The front lawn is part of the curtilage, and the driveway and the backyard-----if it’s not too big, and is properly separated from the open fields beyond the house.
Whether some portion of property-----the porch, the stairs, the shed, the yard, the chicken coop----is part of the curtilage is sometimes a disputed question. But once it is determined that something is part of the curtilage, it’s entitled to precisely the same Fourth Amendment protections as the home itself. How do we know? Because the Supreme Court has said so repeatedly.

OK, everyone repeat after me.  Unless you have a warrant get the hell off of my curtilage.

By tracking and recording the movements of millions of individuals the government can use computers to detect patterns and develop suspicions. It can also learn a great deal about us because where we go says much about who we are. Are Winston and Julia’s cell phones together near a hotel a bit too often? Was Syme’s OnStar near an STD clinic? Were Jones, Aaronson and Rutherford at that protest outside the White House? The FBI need no longer deploy agents to infiltrate groups it considers subversive; it can figure out where the groups hold meetings and ask the phone company for a list of cell phones near those locations.
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I don’t think that most people in the United States would agree with the panel that someone who leaves his car parked in his driveway outside the door of his home invites people to crawl under it and attach a device that will track the vehicle’s every movement and transmit that information to total strangers. There is something creepy and un-American about such clandestine and underhanded behavior. To those of us who have lived under a totalitarian regime, there is an eerie feeling of de`ja` vu. This case, if any deserves the comprehensive, mature and diverse consideration that an en banc panel can provide. We are taking a giant leap into the unknown, and the consequences for ourselves and our children may be dire and irreversible. Some day, soon, we may wake up and find we’re living in Oceania.

*****
And then there is Judge Reinhardt:
REINHARDT, Circuit Judge, dissenting from the denial of rehearing en banc:
I concur in Chief Judge Kozinski’s dissent.
I have served on this court for nearly three decades. I regret that over that time the courts have gradually but deliberately reduced the protections of the Fourth Amendment to the point at which it scarcely resembles the robust guarantor of our constitutional rights we knew when I joined the bench....
These decisions have curtailed the “right of the people to be secure…against unreasonable searches and seizures” not only in our homes and surrounding curtilage, but also in our vehicles, computers, telephones, and bodies-----all the way down to our bodily fluids and DNA.
Today’s decision is but one more step down the gloomy path the current Judiciary has chosen to follow with regard to the liberties protected by the Fourth Amendment. Sadly, I predict that there will be many more such decisions to come.
I dissent.
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http://en.wikipedia.org/wiki/Nineteen_Eighty-Four#Doublethink
http://www.time.com/time/nation/article/0,8599,2013150,00.html
http://www.ca9.uscourts.gov/datastore/opinions/2010/08/12/08-30385.pdf
http://www.legalaffairs.org/issues/January-February-2004/feature_bazelon_janfeb04.msp
http://en.wikipedia.org/wiki/Alex_Kozinski