by Highline | Jul 16, 2011 |
With the memorial to Thomas Ball in mind, a man chewed up and spit out by the family court system, I wanted to share a lawsuit against a police officer who illustrates the unintended consequences of using state violence to address thee non-violent problems of someone not paying their obligated child support.
The case is Henry v. Purnell, No. 08-7433 and it is from the 4th Federal Circuit Court of Appeals. The case is another instance of a police officer “accidently” using a gun to shoot someone running away in lieu of a Taser.
From Findlaw.com:
In a Section 1983 action arising from the fatal shooting of a suspect wanted for misdemeanor failure to pay child support, summary judgment in favor of defendant-police officer is reversed because: 1) although defendant intended to use his Taser rather than his gun to stop fleeing suspect, Tennessee v. Garner prohibits shooting suspects who pose no significant threat of death or serious physical threat; and 2) defendant’s use of force could be viewed by a jury as objectively unreasonable.
Yeah, I’d say that blasting a non-violent person with lead “could be” construed as “objectively unreasonable.” When you use state violence to solve non-violent problems, this is what happens. People get shot. Over owed child support.
If you think these cases are rare, you’d be incorrect. This particular case came out yesterday. I only chose to share it with you now in reflection of Mr. Ball’s memorial.
CORRECTION: Findlaw was incorrect in their syllabus stating that the man in this case was murdered. The man thankfully lived through this encounter, but it clearly could have turned out far worse.
Thank you to NGDGT for catching that error.
by Highline | Jul 9, 2011 |
In this state it is a crime to falsely report to law enforcing authorities that an individual has committed an offense. Specifically RSA 641:4 “False Reports to Law Enforcement” prohibits this type of conduct.
The law reads in part:
A person is guilty of a misdemeanor if he:
I. Knowingly gives or causes to be given false information to any law enforcement officer with the purpose of inducing such officer to believe that another has committed an offense; or
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by Highline | Jul 5, 2011 |
Police and federal agents are not your friends. When they talk with you, everything you say is being committed to their memory to be used against you in court, should they decide to arrest you for some arbitrary reason. Lying to them can also get you in significant trouble as it is always illegal to lie in federal jurisdiction and frequently illegal in state jurisdiction.
If you don’t believe me… just ask Martha Stewart. As rich and influential as she is, it is too bad she didn’t know to just keep her mouth shut. Had she not spoken with federal investigators she may have never been convicted of anything. This is why I frequently advise people that when they interact with government agents that the best thing they can do is always remain silent.
Back in March I wrote about how I practice the art of not answering prying questions from federal agents when returning to the United States. Some may perceive this as me purposefully being disrespectful or looking for trouble. It is not intended to be either of those things. My refusal to answer questions is an attempt to protect myself and my privacy.
Two days ago I visited Nogales, Mexico. When I returned I was arrested, handcuffed, and thrown in a cage by a US Customs Agent. It was my first time ever being arrested. I was released without charges.
Why would I be released from federal custody without any charges?
I didn’t break the law.
Here’s what happened:
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by Highline | Jun 20, 2011 |
The United States Supreme Court just ruled that an individual facing civil commitment for failure to pay child support does not have an automatic right to a lawyer.
“The 14th Amendment’s due process clause allows a state to provide fewer procedural protections to civil contempt defendants than in a criminal case, which is governed by the Sixth Amendment,” said Justice Stephen Breyer.
As someone who has arrested and caused the imprisonment of quite a few people for child support warrants, two questions always floated in my mind.
First, it costs a county roughly $30,000 a year to imprison someone. That’s about $82 a day. During this time the individual obviously cannot work, find work, or do anything productive. The children the individual is supposed to be supporting isn’t receiving any money either. Wouldn’t that $82/day better be spent feeding, clothing, or housing a child?
Second, civil commitment for child support really is a debtor prison. Didn’t this country allegedly abolished them in the 1800’s?
by Highline | Jun 19, 2011 |
While listening to NH Public Radio I caught an interview involving the Keene Sentinel justifying its choice to publish Thomas Ball’s suicide note.
I hunted down the archive so I could share it with you.
Find it here.
