|
|
Joined: Jan 2005
Posts: 53,303
Campfire Kahuna
|
OP
Campfire Kahuna
Joined: Jan 2005
Posts: 53,303 |
Sorry, no dread PCP here,...just Everclear, though I'm pretty sure that this arch criminal mattress burner could grade the stuff...  I see this as a pretty good example of firm handed, yet clearly GENTLE "enforcement" of code / law,....coupled with indulgence in a luxury that will become scarcer,into rarity. The luxury discussed? ....common sense. Kudos, and thanks to alla' my local law dogs, and more than a few amusing outlaws. GTC FED JUDGE: CCSO VIOLATED RIGHTS OF ARRESTEE BY REMOVING MEDS FROM HOME; DAMAGE AWARD = $1Link: http://www.cochisecountyrecord.com/...Y-REMOVING-MEDS-FROM-HOME-DAMAGE-AWARD-1“When I violate the law, I get arrested. When the sheriffs break the law the only option is to sue”
pro se plaintiff failed to establish dollar value of damages
WILLCOX – On Monday, U.S. District Court magistrate judge Bernardo Velasco ruled that a Cochise County Sheriff deputy violated the rights of Walter Cleveland, Jr. by removing the man’s prescription medication from his rural Willcox house following a 2015 arrest. The medicine was not returned until the next evening.
Velasco found that deputy Marsha Callahan-English’s decision “was made for Plaintiff’s best interest” and did not rise to the level of negligence. However, the deputy’s good intention did not comply with the law, Velasco ruled, adding that without proper permission or authority, “the removal of the medication from Plaintiff’s home violated the Fourth Amendment’s proscription against unreasonable seizures of property.”
Although Velasco determined the deputy’s action violated Cleveland’s rights under the U.S. Constitution, the judge awarded judgment against Cochise County for only $1, citing the plaintiff’s failure during the June 13 trial to demonstrate damages.
Cleveland's initial complaint said he was suing for $5 million.
Acting as his own counsel (pro se) in the lawsuit, Cleveland filed the claims under Title 42 of U.S. Code Section 1983 which allows a person to sue when someone acts under the color of law to deprive the person of rights secured by the Constitution and laws.
According to the judge’s September 12 “Findings of Fact and Conclusions of Law,” all of Cleveland’s other claims - excessive force, false arrest, assault, and negligence - stemming from his August 7, 2015 arrest were decided in favor of Cochise County and deputies Troy Haymore, Robbin Cronin, and Callahan-English.
Even though Velasco ruled against the county on the medication seizure claim, Deputy County Attorney (Civil Division) Laurie Owen says she is “very pleased” with the findings, noting that the judge “helped clarify a procedure by which deputies can ensure that prisoners’ medication needs are met and that meets the strict standards of the U.S. Constitution.” Owen had argued at trial that Cleveland's allegations “have no basis in law.”
THE FIRE, THE ARREST AND MISSING MEDICINE
In the late evening of August 7, 2015 Cleveland’s brother Fred called 911 for help after Walter had set a mattress on fire near a power pole. Fred and Walter lived next to each other on Sidewinder Rd, about 5 miles northeast of Willcox.
The county’s witnesses all testified that Cleveland appeared intoxicated and was upset about being arrested for reckless burning and domestic threats. Cleveland testified he had been drinking Everclear, despite a previous court order to refrain from use of alcohol. It was later determined his blood alcohol concentration was .15%.
A.V. Reid, assistant chief of the Willcox Rural Fire Dept, testified at trial that after the fire was out and Cleveland was under arrest, Callahan-English and two paramedics went into Cleveland’s home to ensure his dogs had food and water. The deputy testified that Cleveland replied “ok” when she made the suggestion.
Cleveland insisted he did not give the deputy permission to go into his home, testifying there was no reason for her to enter his house because his brother would take care of the dogs.
While in the house, Callahan-English saw a machete and a BB gun in plain sight. She removed those items, she testified, because Cleveland was being charged with making domestic threats and he had been previously accused of shooting out a vehicle window.
Callahan-English also removed Cleveland’s blood pressure medication, testifying she did so because she expected he would be held at the jail overnight and might need his medicine. But Cleveland ended up at the hospital instead, and when he returned home his medication was missing.
ARRESTED & RELEASED, THEN ARRESTED & RELEASED AGAIN
Testimony was given that Cleveland became combative while sitting in a deputy’s patrol car and tried to injure himself. After arriving at the Sheriff's detention center in Willcox, a decision was made to transport Cleveland to the nearby Northern Cochise Community Hospital.
Deputy Callahan-English testified she believed Cleveland would be admitted and under medical care for several hours, so she cited and released him at the hospital in the early morning of August 8. Later, however, Cleveland became upset and attempted to leave the hospital, at which time he was arrested by Willcox Police for disorderly conduct.
Cleveland was released from jail on that charge, returned home and discovered his blood pressure medication was missing. He testified that all parties - the Sheriff’s Office, Willcox Police, and hospital - denied having his medicine. His attempt to refill the prescription was turned down by his insurance company.
Callahan-English returned the medication to Cleveland at his house between 7:30pm and 8:00pm on August 8. Cleveland testified that he suffered physical pain and anxiety for several hours as a result of the missing medication.
4th AMENDMENT VIOLATED, BUT NO NEGLIGENCE
In finding against Cleveland’s other claims related to his arrest, judge Velasco ruled the deputies “had reasonable suspicion to detain Plaintiff and the arrest was supported by probable cause” and any use of force or minor injuries Cleveland sustained were predicated by his own actions.
Velasco concluded Callahan-English had Cleveland’s consent to check on the dogs, making the deputy’s entry into the house lawful, as well as her seizure of the weapons which was “justified under the plain view doctrine.”
The judge also ruled the deputy’s taking of the medication - although an unlawful seizure - did not rise to Cleveland’s claim of negligence or intentional harm, noting “Callahan-English had no way of knowing when she took the medication that Plaintiff was not going to be incarcerated at the jail overnight. Nor did she know, after leaving him at the hospital, that he would demand release from the hospital against the recommendation of medical staff.”
After finding that a constitutional violation occurred with the taking of the medication, Velasco had to determine the amount of monetary damages Cochise County must pay Cleveland. He found that Cleveland failed to link the deputy’s action to a specific injury, loss or cause of damage and therefore was not due actual damages.
Even if actual damages are not awarded, Velasco noted it is the practice of the Ninth Circuit to award nominal damages to a plaintiff who proves a violation of constitutional rights as a “symbolic vindication” for prevailing in the case. On that basis, Velasco issued a judgment in Cleveland’s favor of $1.
PLAINTIFF COULDN'T AFFORD ATTORNEY, DIDN'T KNOW HOW TO ARGUE
Cleveland pleaded guilty on September 17, 2015 in Willcox Justice Court to misdemeanor reckless burning and a misdemeanor disorderly conduct charge for the August incidents.
Upon learning of Velasco’s decision and the $1 damage award, Cleveland said proving the “illegal taking of my medication” was the most rewarding part of the ruling. “When I violate the law, I get arrested. When the sheriffs break the law the only option is to sue,” he explained, adding he represented himself in the case because he could not afford an attorney.
Cleveland explained he did not know to argue about damages during the trial, and will look into an appeal. He insists “I would do it again in a heartbeat” even if $1 is his only award, because “they need to be accountable for what they did to me so they won’t do it again, to me or somebody else.”
This is the second time Cochise County has paid Cleveland as the result of a federal claim. Last year he received $250 after a deputy arrested him on a warrant that had not been properly removed from the system, even though Cleveland had a letter from the Willcox Justice Court stating the warrant was quashed.
Contact reporter Terri Jo Neff at 520-508-3660 and cjw_media yahoo.com[quote]
Last edited by crossfireoops; 09/21/16.
Member, Clan of the Border Rats
-- “Sometimes I wonder whether the world is being run by smart people who are putting us on or by imbeciles who really mean it.”- Mark Twain
|
|
|
|
|
Joined: Jun 2006
Posts: 16,379
Campfire Ranger
|
Campfire Ranger
Joined: Jun 2006
Posts: 16,379 |
I didn't know judges were allowed to use common sense, anymore!
I've always been a curmudgeon - now I'm an old curmudgeon.
~Molɔ̀ːn Labé Skýla~
|
|
|
|
|
Joined: Jan 2005
Posts: 53,303
Campfire Kahuna
|
|
OP
Campfire Kahuna
Joined: Jan 2005
Posts: 53,303 |
I'd heap kudos on the CCSO deputies involved, too.
Bad infestation of bedbugs/ fleas + Everclear = Mattress afire in the ditch, out on Sidewinder Road.
No Tazing, no shooting, just a minor scuffle, and than off to the horse spittle (whoops)
......John Steinbeck could have written this one.
GTC
Member, Clan of the Border Rats
-- “Sometimes I wonder whether the world is being run by smart people who are putting us on or by imbeciles who really mean it.”- Mark Twain
|
|
|
|
|
Joined: Feb 2001
Posts: 73,096
Campfire Kahuna
|
|
Campfire Kahuna
Joined: Feb 2001
Posts: 73,096 |
The true picture of Peace Officers. Good job folks, good job.
George Orwell was a Prophet, not a novelist. Read 1984 and then look around you!
Old cat turd!
"Some men just need killing." ~ Clay Allison.
I am too old to fight but I can still pull a trigger. ~ Me
|
|
|
|
|
Joined: Aug 2002
Posts: 19,106
Campfire Ranger
|
|
Campfire Ranger
Joined: Aug 2002
Posts: 19,106 |
Good on the police for trying to do the right thing by having His needed medicine available for him. I will testify that ever-clear, especialy mixed with Mad dog 20-20 will cause you to do strange things. miles
Look out for number 1, don't step in number 2.
|
|
|
|
|
Joined: Feb 2001
Posts: 24,239
Campfire Ranger
|
|
Campfire Ranger
Joined: Feb 2001
Posts: 24,239 |
This is the second time Cochise County has paid Cleveland as the result of a federal claim. Last year he received $250 after a deputy arrested him on a warrant that had not been properly removed from the system, even though Cleveland had a letter from the Willcox Justice Court stating the warrant was quashed.
As far as I'm concerned, the County really skated on this prior deal.Consider that a guy gets a warrant withdrawn and the Judge gives him a letter to show L E that the warrant is no longer valid. And a Deputy ignores the letter. I'd be REALLY pissed if I was the one arrested.
As far as the prescription deal, I'd say the Judge got it right.
Never holler whoa or look back in a tight place
|
|
|
|
|
Joined: Aug 2002
Posts: 37,876
Campfire 'Bwana
|
|
Campfire 'Bwana
Joined: Aug 2002
Posts: 37,876 |
I will testify that ever-clear, especialy mixed with Mad dog 20-20 will cause you to do strange things. The strangest thing it ever did for me was cause me to pass out WAY before midnight one New Year's Eve. Sadly, nowadays when I fall asleep before midnight, neither Everclear nor MD 20/20 have anything to do with it. Birdwatcher
"...if the gentlemen of Virginia shall send us a dozen of their sons, we would take great care in their education, instruct them in all we know, and make men of them." Canasatego 1744
|
|
|
|
|
Joined: Jan 2005
Posts: 53,303
Campfire Kahuna
|
|
OP
Campfire Kahuna
Joined: Jan 2005
Posts: 53,303 |
This is the second time Cochise County has paid Cleveland as the result of a federal claim. Last year he received $250 after a deputy arrested him on a warrant that had not been properly removed from the system, even though Cleveland had a letter from the Willcox Justice Court stating the warrant was quashed.
As far as I'm concerned, the County really skated on this prior deal.Consider that a guy gets a warrant withdrawn and the Judge gives him a letter to show L E that the warrant is no longer valid. And a Deputy ignores the letter. I'd be REALLY pissed if I was the one arrested.
As far as the prescription deal, I'd say the Judge got it right. I just hope he doesn't keep up his nonsense with that damned BB gun, Gene. We've got a really fine crew working dispatch, most days, but things can and do get balled up on weekends,.....BIG geography, sparce coverage,...the Border and the I-10 = inevitable FUBARS. Anybody know the 10 code for 'just one of the local crazies' ? GTC
Member, Clan of the Border Rats
-- “Sometimes I wonder whether the world is being run by smart people who are putting us on or by imbeciles who really mean it.”- Mark Twain
|
|
|
|
|
Joined: Jan 2005
Posts: 53,303
Campfire Kahuna
|
|
OP
Campfire Kahuna
Joined: Jan 2005
Posts: 53,303 |
I was joking with a CCSO friend the other day, asked her if she'd heard about the new business up in Wilcox, "Cleveland Brothers Pest Control, LLC."
Member, Clan of the Border Rats
-- “Sometimes I wonder whether the world is being run by smart people who are putting us on or by imbeciles who really mean it.”- Mark Twain
|
|
|
|
|
Joined: Jan 2005
Posts: 53,303
Campfire Kahuna
|
|
OP
Campfire Kahuna
Joined: Jan 2005
Posts: 53,303 |
^
...bump for those who missed it
GTC
Member, Clan of the Border Rats
-- “Sometimes I wonder whether the world is being run by smart people who are putting us on or by imbeciles who really mean it.”- Mark Twain
|
|
|
|
|
555 members (10gaugemag, 11point, 16penny, 10gaugeman, 160user, 1936M71, 67 invisible),
2,911
guests, and
1,329
robots. |
|
Key:
Admin,
Global Mod,
Mod
|
|
|
Forums81
Topics1,191,383
Posts18,469,596
Members73,931
| |
Most Online11,491
Jul 7th, 2023
|
|
|
|
