$200,000 Settlement Acknowledged for Micklovich Beating

christophermicklovichIt has been over three years since the face-fracturing beating of Christopher Micklovich by four off duty Manchester police officers, and today it was announced that there was ultimately an admission of culpability from the city. For $200,000, a federal civil rights lawsuit was withdrawn by the plaintiff, with city risk manager Harry Ntapalis revealing that the case was settled privately and was paid off in May of last year. The Union Leader has the story.

The Attorney General’s distasteful exoneration of the four officers, as well as the killing of James Breton in front of his daughter in May of 2011 was what inspired a police accountability rally at the former MPD station house on June 4 of that year. The demonstration against duchesne_chalking8police violence became a demonstration of petty police violence, as around a dozen cameras were confiscated and eight people were kidnapped for offenses such as chalking, standing near chalk, and not following illegal orders fast enough. The Chalking 8 incident only proved the protesters’ point.

How Micklovich’s search for justice in his case snaked through the law enforcement bureaucracy before being resolved by the city further illustrates how detached from responsibility individuals in law enforcement are. Taxpayers are the source of both police salaries and plaintiff payoffs, yet legal immunity shields those tax recipients who are directly culpable from any restitution obligation.

Cheshire Sheriff’s No-Trespass Orders Ruled Unconstitutional

footeAt the very beginning of 2012, several activists including myself were banned from the entire Cheshire “superior” court property by then-Sheriff Dick Foote. Foote’s ridiculous order claimed it was due to “persistent harassment” of court staff. He was referring to some activists wishing the court bureaucrats “happy holidays” as they entered and left their workplace. Additionally, we sang them some Chronic Carols and asked them some questions about the thuggish behavior of their coworkers, the court security agents.

A couple months later, Kelly, Derrick J, and I teamed up with Miami photojournalist Carlos Miller and paid a visit to the court on official court business. Sheriff Foote refused to return calls from us, which is what he was demanding in his order before we’d be allowed on the public property for which we’re all forced to pay. All three of us were arrested and Carlos was threatened by Sheriff Caleb Dodson.

Due to facing multiple charges from multiple arrests, Derrick made the tough choice of taking a plea, but Kelly and I didn’t have the same weight of charges on us and we knew we were in the right and the trespass order was wrong, so we pressed on. County attorney David Lauren met with us and offered a pretty sweet plea deal – he’d drop the charge to a violation level (it was being charged as a Class A with up to a year in jail the possible penalty) offense and it’d be a $250 fine, suspended on condition of good behavior. I was out of jail on a nine-month suspended sentence from my last conviction and if I received another misdemeanor conviction I could go back to jail for the remaining nine months. Despite that looming threat, I refused the plea, as did Kelly, and the matter was to continue to trial.

Attorney Jon MeyerShortly thereafter, heroic free-speech attorney Jon Meyer stepped forward to take the case on principle and pro-bono. In a hearing held regarding the validity of the no trespass order, Meyer had Sheriff Dick Foote on the ropes. That raw video is long (and entertaining in many parts), but for those with less time, Meyer also summarized Foote’s ridiculous claims regarding the order in post-hearing memorandums, which you can read here.

Now, several months after that hearing, Keene district court’s judge Edward Burke has made the right decision. He has ruled in an order that the no-trespass orders, as applied to me and Kelly Voluntaryist, are unconstitutional and dismissed the cases against us! (more…)