Name of officer: TO MANY TO COUNT
Date and time: 12/10/2018
Location of interaction: Miller Avenue and Marine Avenue
Citizen Name: Eddie Johnson
Description of incident: I, Eddie Johnson on my own FREE WILL and ACCORD, a resident at 15033 Miller Ave., in Gardena, CA 90249 WAS ATTACKED WITH A TASER IN MY CHEST, AND MY CIVIL RIGHTS HAVE BEEN VIOLATED BY YOUR POLICE OFFICERS ON 12/10/2018 in the Superior Grocers parking lot on Miller Avenue and Marine Avenue. I will be requesting a FULL INVESTIGATION into this matter, as I will be humbly seeking monetary damages for pain and suffering; physically and emotionally, brought on by your officers. I am humbly submitting this and ask that you look into this matter seriously, and provide me with the case number you file with the DOJ, after you do so, I would like those involved who broke their oaths punished to the maxima extent of the laws they broke.
I asked all the officers present as I ask you now, DID YOU SWEAR AN OATH?
What’s in an Oath?
Code of Civil Procedure
2094. (a) An oath, affirmation, or declaration in an action or a proceeding, may be administered by obtaining an affirmative response to one of the following questions:
(1) "Do you solemnly state that the evidence you shall give in this issue (or matter) shall be the truth, the whole truth, and nothing but the truth, so help you God?"
(2) "Do you solemnly state, under penalty of perjury, that the evidence that you shall give in this issue (or matter) shall be the truth, the whole truth, and nothing but the truth?"
(b) In the alternative to the forms prescribed in subdivision (a), the court may administer an oath, affirmation, or declaration in an action or a proceeding in a manner that is calculated to awaken the person's conscience and impress the person's mind with the duty to tell the truth. The court shall satisfy itself that the person testifying understands that his or her testimony is being given under penalty of perjury.
Elections Code 12321(3)
State of California )
County of _________ ) ss.
I do hereby solemnly declare that I will support the Constitution of the United States and the
Constitution of the State of California, and that I will to the best of my ability, faithfully discharge the duties of…….
ARTICLE 20 MISCELLANEOUS SUBJECTS
SEC. 3. Members of the Legislature, and all public officers and employees, executive, legislative, and judicial, except such inferior officers and employees as may be by law exempted, shall, before they enter upon the duties of their respective offices, take and subscribe the following oath or affirmation:
"I, ______, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. "And I do further swear (or affirm) that I do not advocate, nor am I a member of any party or organization, political or otherwise, that now advocates the overthrow of the Government of the United States or of the State of California by force or violence or other unlawful means; that within the five years immediately preceding the taking of this oath (or affirmation) I have not been a member of any party or organization, political or otherwise, that advocated the overthrow of the Government of the United States or of the State of California by force or violence or other unlawful means except as follows:
(If no affiliations, write in the words "No Exceptions") and that during such time as I hold the office of ______________________________________________
I will not (name of office) advocate nor become a member of any party or organization, political or otherwise, that advocates the overthrow of the Government of the United States or of the State of California by force or violence or other unlawful means."
And no other oath, declaration, or test, shall be required as a qualification for any public office or
Employment. "Public officer and employee" includes every officer and employee of the State, including the University of California, every county, city, city and county, district, and authority, including any department, division, bureau, board, commission, agency, or instrumentality of any of the foregoing.
In One Year, 57,375 Years of Life Were Lost to Police Violence!
There seems to be an epidemic of hate and violence towards African-American males going on in this country today. Yes! In 2018 these racist aren’t hiding their faces behind mask and attacking blacks, they are swearing oaths to the Constitution, receiving a bandage and a gun and hunting down black people.
Repossession company name: Repossess Auto Sales
Agent name: John
License plate number: Unknown
Name of ALL police officers on the scene:
Police department: Gardena Police Department
Request a copy of the police report:
I have photographs and Videos of personal injury caused by the taser and the assault by your officer. I have gathered written statements from witnesses as well as, I will be asking for the full audio and video from all officers present body cams. I would like a full investigation into the matter to be taken by the DOJ, and would like my family to be protected against these terrorist disguised as officers of the peace.
I am seriously afraid of the Police! I have had no rest since being attacked by officers of the Gardena Police Department on 12/10/2018, where I was tased on the left side of my chest, directly on my heart, oh I wasn’t committing any crime, only defending my wife from the threatening and verbal assaults of your officers, the video will show this as well.
The keyword here is ARREST! Nor was I ever suspected of a crime. I was assaulted simply for defending my wife, during a civil matter, in which the video will clearly show. The tow truck driver had a right to inform the local police department, this he exercised, after I made it clear that the police could do nothing, because this was a CIVIL matter and their role is to keep the PEACE and maintain ORDER, not threaten or ask us to turn over any keys, or make comments about pay our bill. The repossession agent informed the local police department of the intent to seize a vehicle. During the repossession, the police may be contacted by the consumer or the repossession agent to come to the scene only to...
Keep the peace
The police are to aid in keeping the peace. If the situation becomes volatile, they should assist in diffusing the confrontation between the repossession agent and the consumer.
The police should NOT assist or enable the repossession. They should NOT order you to turn over your keys or to “step aside” and let the repossession agent take your vehicle.
Under the U.S. Constitution, the state can’t take your property without notice and an opportunity to be heard. This is called due process.
Breach the peace
If the police threaten you with arrest or command you to turn over the vehicle, they may have crossed the line from keeping the peace to breaching the peace. This could violate your constitutional rights. You may be entitled to bring a lawsuit against the police department, the repossession company, and the lender for wrongfully repossessing your vehicle.
The creditor can repossess your vehicle without any court involvement whatsoever. Notice is not required and there’s no opportunity for you to be heard before your car is taken. So why isn’t this a violation of the Constitution? Because the Constitution only gives you due process rights when your property is seized by a government, or state, actor. Private repossession companies aren’t state actors. But police officers are. So if a police officer assists in the repossession of your car, it’s potentially a violation of your constitutional rights because a state actor is depriving you of your property without due process.
We documented the event
We document the repossession (WE RECORDED THE SITUATION,OFFICER THREATENING MY WIFE, TELLING HER TO PAY HER BILL, ME BEING TASED, AND MY WIFE PUSHED BY AN OFFICER, OH AND BEING TOLD WE HAVE NO RIGHTS)
As outlined by California Civil Jury Instructions (CACI 2017) an officer may use “only that degree of force necessary to accomplish the ARREST….” When the force becomes excessive, beyond what is necessary to bring a suspect under control, and a detainee is harmed, the use of police force becomes illegal. In some cases, under the United States Code Section 1983, CACI No. 3020, use of excessive force may also be considered a civil rights violation.In response to the climbing rate of excessive police force incidents, the California Department of Justice (DOJ) passed a new Assembly bill (#953) which, as of July 1, 2018 requires all law enforcement agencies to collect and report all police caused injuries and fatalities to the state.
Yet, proving serious injuries or fatalities were caused by excessive police force can be a complex and challenging endeavor. Officers and their supervisors often employ a code of silence, and the victim is less likely than police are to be believed by authorities and juries.
In California and throughout the country, policies, procedures, and legal mandates dictate the use of appropriate police officer force. All Police Officers must be trained according to Police Officer Standard Training. (P.O.S.T.) and keep up to date on its standards. When an officer uses deadly force in self-defense, standard police practices and most agencies policies dictate that the officer must be facing what is reasonably believes to be an imminent or immediate threat of death or serious bodily injury.
It is the responsibility of individual police departments to teach and prepare their officers in proper use of force through repetitive, consistent training so during a potentially dangerous and volatile situation, these techniques are second nature and not influenced by emotional, adrenaline-fueled reactions. Also, police department supervisors and their subordinates share responsibility in reporting and responding to warning signs when an officer is at risk of being violently out-of-control or has exceeded reasonable force in the line of duty.
Why such brutality and discrimination exists against black people is because of America’s bitter history of slavery, racism, and segregation for the better part of its existence as a nation. Because of the racial tensions that existed well until the later half of the 21st century, many police officers have adopted the approach of willfully discriminating against black people when pursuing criminal offenders (Owen 2016). In other cases, individuals are simply given the advantage of exploiting their socially responsible position of being a police officer in order to carry out racially motivated hate crimes that can later be easily justified on the basis of their respectable posts.
Police brutality against African Americans is an unfortunate but very real social problem. It results in the unlawful and unethical discrimination, persecution and abuse of millions of black Americans, many of whom live in everyday fear thanks to the knowledge of this prejudice among the police forces. Many police officers are inclined to consider black people as bigger threats than they really are, especially when the statistics are compared to incidents involving white people. This may be either due to some police officers having harmful personal world-views, or to the existence of a deeply ingrained prejudiced mentality in the police force, thanks to America’s history of racial oppression. In either case, the ongoing cases and reports of police brutality against African Americans are a sign that there is still a lot that needs to be done on this matter.
E-mail Address: firstname.lastname@example.org