Thank you for this video. Im pro se and the defendant admitted to 7 of the 11 claims. Based on this video I could of filed 12(c) but were in the discovery phase now and ive already sent out the interrogatories. There is no dispute to the material facts when there is admission. After discovery and thanks to your video ill file rule 56 because there is no objection to the facts. This is a detailed video and i appreciate it more than my words can describe, feel more confident than ever before moving forward in this complex legal field. Thank you!
I appreciate your work, this is very helpful and I can actually understand it. I have a question and it is very long, hopefully you can help. I'm not educated in law to the point of being a attorney, I'm learning as I go. Sorry in advance if this is hard to follow. I am pro se in Federal court, 42 USC 1983 complaint, December 2016 I moved from california to South Carolina to be closer to my children after separation. I'm mixed minority, poor, and was using Wal Mart parking lots to park and sleep in my car. I was approached by sheriff's deputies and a live tv crew live PD without reason. Blue lights flashing in front of my car. I had also just spent pretty much my last 500 bucks on Xmas gifts for my kids, as I was going to see them the first time in a year the very next day. So I am a customer, plus Wal Mart parking lots are safe zones for overnight parking... I will also be clear I'm a medical cannabis patient and advocate for the state of California. Fully within california state law and licensed. Why do I use cannabis? I was two years old witnessed my mother murdered and kidnapped and trafficked for 4 years, sex drugs, violence. I suffer from severe PTSD, and let me be clear I hate it, it's destroyed my life the past 40 years. So that being said, I exit my vehicle to ask the officer how can I help. He didn't articulate I was committing any crime, he kinda gestures he was seeing if I was ok... Because the big lights on TV crew two cameras, my natural instincts called it BS, so I naturally ask kinda yeah right, do you have probable cause I committed a crime? He responds I do now I smell marijuana. I notified him I'm a 215 patient, I have a medical purpose not a criminal purpose for having it. It's not legal in this state he responded. Fair enough. Two searches of my car, round and round explaining to them I've committed no crime, you are acting outside due process of the law. Interstate travel protects citizens to not be discriminated against for being from another state, and to retain that states laws. I was let go with a traffic ticket, the ticket gets dismissed mainly because I showed up to traffic court challenged subject matter jurisdiction, and had my federal complaint pack the magistrate/lawyer/judge See's, wanted no part of my desire to go to federal court... I file lawsuit. On the TV show the host verbally defames me calling me a sidewalk attorney and sovereign citizen. This is important because I go on to get arrested by 2 other different agencies being called a sovereign citizen. I'm not a sovereign citizen one bit, don't like them because obviously it sucks to be them if I'm treated like such without being one. In my case magically the body cams and TV show destroyed the video footage, episode 22 season 2. Now my case has no material evidence and of course as the plan they move for summary judgment.(But) the defense happened to find a 7 minute edited clip and used it for their defense, because the edit they felt it made me look bad, so I motion and bring up the fact there is now material evidence. Also the cops affidavit under oath lied and said he never had his emergency lights on, which I claimed, but silly lier's produced that 7 min video that shows the blue emergency lights. This case is waiting to be ruled on by judge... Fast forward one year, before that case was filed, in another Wal Mart parking lot, yes I'm working but still living in my car, I witnessed a man and woman walking past my car, the man screaming at her trying to get something from her..... I noticed her as the possible crackhead panhandler in the parking lot before, but not the guy, and due to my PTSD triggers watching a female get assaulted is no bueno... I approach them tell the smaller guy as I'm huge, to chill out or come hit on me, he goes off verbally which I showed didn't scare me, but scared her. She calls 911, claims I'm trying to kill them..... I expressed that is a false report and I'm waiting for the cops, she freaked out gives whatever the guy was wanting telling him to run to the river, he takes off... Cop shows up, I'm standing at the back of my vehicle she's up on a embankment ten feet away, cop gets out car and says did I know my tag was expired... I responded I am not contracted with the state, he responded, oh... One of you.... I responded what do you mean? He said a sovereign citizen, I said no I am not, and see where he's going so I establish if I'm free to go, he says no and handcuffs me, no reason other than the tag I assume. He lets lady walk off, he doesn't investigate the call at all, my vehicle is unlawfully searched, they find a trash bag with 2 old empty beer cans, and then say I'm being charged with public drunkenness... I wasn't drunk, and never given any test to suggest that, and I go fight in traffic court motion to dismiss, failure to state a claim, subject matter jurisdiction, I want change of venue to district court for a jury trial, all refused and pissed the judge off royally... She holds a bench trial anyways, watches the video evidence and is embarrassed because I wasn't drunk, she asked cop why the search no answer, finds me not guilty but with unkind words because I disrespected her court, having 5 bailiffs behind me... I file a foia request on video and trial transcripts, file lawsuit. The foia request gave me the cops hand written notes, no video claiming it's destroyed no transcripts. Fast forward the defense moves for summary judgment because no video material evidence, well again the cops affidavit lies, says he pulled me over, got me out my vehicle found open containers and arrest me... But his hand notes explain my story, he even says I was not slurring or unsteady on my feet. So he's also caught lying. And, the defense is using the court transcripts of traffic court as material facts, something I was told destroyed and not given in my foia... Waiting on ruling.... I say all this to ask, in my position as pro se plaintiff, does the summary judgment still apply given these facts? Because I've made such wonderful state actor friends in the state of South Carolina I have those two stops, then I get hit on purpose by a off duty cop getting on freeway, I'm claiming he recognized my vehicle from livePD, he was sited at fault but I get arrested for no insurance... The reason I don't have a license insurance registration, is because when I moved her, my ex was afraid I would just take my kids back to California. She filed for child support, I went to the voluntary hearing, refused to sign a voluntary agreement to waive fundamental PARENTAL rights and told them and my ex to kick rocks, they got so mad called the sheriff over, he explained he can't force me to sign, They defaulted me anyways, I can't get a state license because the state criminalized me on a bogus contract, of which eventually gets me locked up 30 days. I file a complaint against judge in Federal court, heard nothing for 9 months now... I go on to have 3 arrest in 12 days, they took my california plate so I get pulled over and arrested, I have my own footage of that case, and being cautious before I file the case because I don't want to mess up having my own proof since I see how justice works. I've not been convicted of any crime since the 90s, traffic tickets yes, but that's civil, not criminal. So God knows I need some help here. Sorry so long, hope you respond... Thank you.
Hello Jerome, I just wanted to say you rock - I am filing a lawsuit pro se as well after spending a lot of money on attorneys and ultimately finding that I would do a better job if I expend enough time on it. I'm sure you're well-acquainted with the legal research platform Casetext/Parallel Search/Westlaw but on the off chance you're not, I wanted to make sure you could. I feel like I've become a semi-decent pseudo-lawyer over the past 4 months or at least I've figured out how to use Casetext adequately to give me some probably undeserved confidence. Anyways, they have a 14-day trial - just make sure you choose your jurisdiction and hide unpublished cases before you search or you'll have to go over everything again. I wish you the best of luck and thank you for sharing - your determination is encouraging. It gives me hope to know I'm not the only pro se litigant out there who is up to such a daunting challenge. Till next time. Nessa
Also, If traffic court is a state court of administrative laws, a article 1 executive branch of government, the state judge is not elected, or holds judicial title of judicial branch, Doesn't allow motions to dismiss for unlawfully holding court, having a state employee cop as standing party of damages, the states ruling is conflict of interest for financial interest, The 14th amendment due process is violated because to take property or freedom there must be procedural due process. How are traffic civil claims being treated as criminal cases? The tickets themselves would be violation of article 1 section 9-10 right? And if cops are doing this it's outside the scope of fiduciary duty thus being in fact against procedural due process of the law, having no standing party of damages as the case law of Sherar v Cullen defined crime as a standing party of damages... If the state has been damaged they need to file in correct court........ How is this lawful? And how can I ask this without being called a sovereign citizen?
Thank you for this video. Im pro se and the defendant admitted to 7 of the 11 claims. Based on this video I could of filed 12(c) but were in the discovery phase now and ive already sent out the interrogatories. There is no dispute to the material facts when there is admission. After discovery and thanks to your video ill file rule 56 because there is no objection to the facts. This is a detailed video and i appreciate it more than my words can describe, feel more confident than ever before moving forward in this complex legal field. Thank you!
I appreciate your work, this is very helpful and I can actually understand it.
I have a question and it is very long, hopefully you can help. I'm not educated in law to the point of being a attorney, I'm learning as I go.
Sorry in advance if this is hard to follow.
I am pro se in Federal court, 42 USC 1983 complaint, December 2016 I moved from california to South Carolina to be closer to my children after separation.
I'm mixed minority, poor, and was using Wal Mart parking lots to park and sleep in my car.
I was approached by sheriff's deputies and a live tv crew live PD without reason. Blue lights flashing in front of my car.
I had also just spent pretty much my last 500 bucks on Xmas gifts for my kids, as I was going to see them the first time in a year the very next day.
So I am a customer, plus Wal Mart parking lots are safe zones for overnight parking...
I will also be clear I'm a medical cannabis patient and advocate for the state of California. Fully within california state law and licensed.
Why do I use cannabis? I was two years old witnessed my mother murdered and kidnapped and trafficked for 4 years, sex drugs, violence. I suffer from severe PTSD, and let me be clear I hate it, it's destroyed my life the past 40 years.
So that being said, I exit my vehicle to ask the officer how can I help. He didn't articulate I was committing any crime, he kinda gestures he was seeing if I was ok...
Because the big lights on TV crew two cameras, my natural instincts called it BS, so I naturally ask kinda yeah right, do you have probable cause I committed a crime? He responds I do now I smell marijuana.
I notified him I'm a 215 patient, I have a medical purpose not a criminal purpose for having it. It's not legal in this state he responded. Fair enough.
Two searches of my car, round and round explaining to them I've committed no crime, you are acting outside due process of the law.
Interstate travel protects citizens to not be discriminated against for being from another state, and to retain that states laws.
I was let go with a traffic ticket, the ticket gets dismissed mainly because I showed up to traffic court challenged subject matter jurisdiction, and had my federal complaint pack the magistrate/lawyer/judge See's, wanted no part of my desire to go to federal court...
I file lawsuit. On the TV show the host verbally defames me calling me a sidewalk attorney and sovereign citizen. This is important because I go on to get arrested by 2 other different agencies being called a sovereign citizen.
I'm not a sovereign citizen one bit, don't like them because obviously it sucks to be them if I'm treated like such without being one.
In my case magically the body cams and TV show destroyed the video footage, episode 22 season 2. Now my case has no material evidence and of course as the plan they move for summary judgment.(But) the defense happened to find a 7 minute edited clip and used it for their defense, because the edit they felt it made me look bad, so I motion and bring up the fact there is now material evidence.
Also the cops affidavit under oath lied and said he never had his emergency lights on, which I claimed, but silly lier's produced that 7 min video that shows the blue emergency lights.
This case is waiting to be ruled on by judge...
Fast forward one year, before that case was filed, in another Wal Mart parking lot, yes I'm working but still living in my car, I witnessed a man and woman walking past my car, the man screaming at her trying to get something from her.....
I noticed her as the possible crackhead panhandler in the parking lot before, but not the guy, and due to my PTSD triggers watching a female get assaulted is no bueno...
I approach them tell the smaller guy as I'm huge, to chill out or come hit on me, he goes off verbally which I showed didn't scare me, but scared her. She calls 911, claims I'm trying to kill them.....
I expressed that is a false report and I'm waiting for the cops, she freaked out gives whatever the guy was wanting telling him to run to the river, he takes off...
Cop shows up, I'm standing at the back of my vehicle she's up on a embankment ten feet away, cop gets out car and says did I know my tag was expired...
I responded I am not contracted with the state, he responded, oh... One of you.... I responded what do you mean? He said a sovereign citizen, I said no I am not, and see where he's going so I establish if I'm free to go, he says no and handcuffs me, no reason other than the tag I assume.
He lets lady walk off, he doesn't investigate the call at all, my vehicle is unlawfully searched, they find a trash bag with 2 old empty beer cans, and then say I'm being charged with public drunkenness...
I wasn't drunk, and never given any test to suggest that, and I go fight in traffic court motion to dismiss, failure to state a claim, subject matter jurisdiction, I want change of venue to district court for a jury trial, all refused and pissed the judge off royally...
She holds a bench trial anyways, watches the video evidence and is embarrassed because I wasn't drunk, she asked cop why the search no answer, finds me not guilty but with unkind words because I disrespected her court, having 5 bailiffs behind me...
I file a foia request on video and trial transcripts, file lawsuit.
The foia request gave me the cops hand written notes, no video claiming it's destroyed no transcripts.
Fast forward the defense moves for summary judgment because no video material evidence, well again the cops affidavit lies, says he pulled me over, got me out my vehicle found open containers and arrest me...
But his hand notes explain my story, he even says I was not slurring or unsteady on my feet. So he's also caught lying. And, the defense is using the court transcripts of traffic court as material facts, something I was told destroyed and not given in my foia...
Waiting on ruling....
I say all this to ask, in my position as pro se plaintiff, does the summary judgment still apply given these facts?
Because I've made such wonderful state actor friends in the state of South Carolina I have those two stops, then I get hit on purpose by a off duty cop getting on freeway, I'm claiming he recognized my vehicle from livePD, he was sited at fault but I get arrested for no insurance...
The reason I don't have a license insurance registration, is because when I moved her, my ex was afraid I would just take my kids back to California.
She filed for child support, I went to the voluntary hearing, refused to sign a voluntary agreement to waive fundamental PARENTAL rights and told them and my ex to kick rocks, they got so mad called the sheriff over, he explained he can't force me to sign,
They defaulted me anyways, I can't get a state license because the state criminalized me on a bogus contract, of which eventually gets me locked up 30 days.
I file a complaint against judge in Federal court, heard nothing for 9 months now...
I go on to have 3 arrest in 12 days, they took my california plate so I get pulled over and arrested, I have my own footage of that case, and being cautious before I file the case because I don't want to mess up having my own proof since I see how justice works.
I've not been convicted of any crime since the 90s, traffic tickets yes, but that's civil, not criminal.
So God knows I need some help here.
Sorry so long, hope you respond... Thank you.
Hello Jerome,
I just wanted to say you rock - I am filing a lawsuit pro se as well after spending a lot of money on attorneys and ultimately finding that I would do a better job if I expend enough time on it.
I'm sure you're well-acquainted with the legal research platform Casetext/Parallel Search/Westlaw but on the off chance you're not, I wanted to make sure you could. I feel like I've become a semi-decent pseudo-lawyer over the past 4 months or at least I've figured out how to use Casetext adequately to give me some probably undeserved confidence. Anyways, they have a 14-day trial - just make sure you choose your jurisdiction and hide unpublished cases before you search or you'll have to go over everything again.
I wish you the best of luck and thank you for sharing - your determination is encouraging. It gives me hope to know I'm not the only pro se litigant out there who is up to such a daunting challenge.
Till next time.
Nessa
@@penda2393 thank you, very nice to see someone else in this... 👍👍
Also,
If traffic court is a state court of administrative laws, a article 1 executive branch of government, the state judge is not elected, or holds judicial title of judicial branch,
Doesn't allow motions to dismiss for unlawfully holding court, having a state employee cop as standing party of damages, the states ruling is conflict of interest for financial interest,
The 14th amendment due process is violated because to take property or freedom there must be procedural due process. How are traffic civil claims being treated as criminal cases?
The tickets themselves would be violation of article 1 section 9-10 right? And if cops are doing this it's outside the scope of fiduciary duty thus being in fact against procedural due process of the law, having no standing party of damages as the case law of Sherar v Cullen defined crime as a standing party of damages...
If the state has been damaged they need to file in correct court........
How is this lawful? And how can I ask this without being called a sovereign citizen?
Thank you
Well explained. Sad that does not give feed back.
Thanks again