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Louisiana man wins appeals case against sheriff's office that arrested him for making a joke about Covid...
On March 20, 2020, right when things began to be locked down across the country, Bailey posted this joke on his Facebook page:
SHARE SHARE SHARE ! ! ! !" Bailey wrote in an emoji-filled post. "JUST IN: RAPIDES PARISH SHERIFFS OFFICE HAVE ISSUED THE ORDER, IF DEPUTIES COME INTO CONTACT WITH ‘THE INFECTED' SHOOT ON SIGHT….Lord have mercy on us all. #Covid9teen #weneedyoubradpitt.
This was a clear joke and reference to the movie World War Z starring Brad Pitt.
But the Sheriff's Office in Rapides did NOT find this joke funny.
Just a few hours after this post, a literal SWAT team showed up at his door and placed him under arrest for making a terroristic threat!
The post had no threat in it. It wasn't an instruction anyone would take seriously. It wasn't even really making fun of the Sheriff's department. It was just a silly "Everyone is scared of Covid!" joke.
Without a warrant, according to court documents, they arrested Bailey and locked him up with a $1,200 bond.
Over a Facebook joke.
Fortunately for Bailey, the DA decided not to prosecute him, surely realizing he had no case and that Warren was just making a joke.
But by that time, Warren's face had been plastered all over the news, he had been destroyed in the press, and called a threat. The Sheriff's Office, according to Bailey, really messed up his life.
Bailey decided he was going to go on the offensive, taking the case to court himself by suing the department.
In September 2020, Bailey filed a lawsuit alleging Detective Randell Iles and Sheriff Mark Wood violated his First and Fourth amendment rights.
The first court ruled on the side of the cops, saying that the post could be legitimately perceived as a terrorist threat.
But justice was still coming. In the Fifth Circuit Court of Appeals in New Orleans, a judge has finally ruled in Bailey's favor, overturning the lower court's ruling.
In Friday's ruling, the appellate judges declared that Bailey's Facebook post was not a threat and did not incite violence. The reference to Pitt's fictional character was a giveaway that it was not serious, the court said.
"The post did not direct any person or group to take any unlawful action immediately or in the near future," the judges wrote. " … at worst, his post was a joke in poor taste, but it cannot be read as intentionally directed to incitement."
The sheriff is now being ruled to have violated Warren's 1st Amendment right to free speech and 4th Amendment right by arresting him with no probable cause.
I'm a back-the-blue kind of guy, and it honestly helps the police's credibility when jokers like this officer are punished for pushing the envelope.
"It's a great victory for Waylon and for the Constitution," Field said. "It clearly lays out that police have to respect First Amendment rights online, and that they can't wantonly arrest people who make jokes about them."
Honestly, I am shocked that WaPo is writing this pro-First Amendment piece. But I am glad to see it.
Bailey isn't sure his life will return to normal, but said he hopes he will no longer fear his hometown's sheriff's office. He's still seeking money for damages and attorney's fees and an apology from the sheriff'soffice.
In my non-legal opinion, he deserves every cent from that department and a public apology from everyone involved.
Hopefully, this puts a fear into other vindictive sheriffs and police departments.
Teachers in New York City, who were fired for refusing to comply with Covid vaccine mandates, must be given their jobs back and awarded full backpay, a judge has ruled.
The case was taken to the State Supreme Court by 10 employees of the New York City Education Department.
State Supreme Court Judge Ralph Porzio ruled that the decision to fire the teachers and deny them religious exemptions was unlawful, arbitrary, and capricious.
The group included school principals, teachers, and other educators.
They sued the city after they were fired over the draconian mandates.
In his 22-page opinion, the judge blasted the city for forcing teachers to get vaccinated against their will.
The New York Times ran a delicious story yesterday headlined, “Appeals Court Rules White House Overstepped 1st Amendment on Social Media.” “Overstepped” is a bit understated.
The story referred to the case of Missouri v. Biden. In what the Times goofily called “a victory for conservatives,” rather than for all Americans, the Fifth Circuit Court of Appeals upheld a lower court injunction banning the White House, CDC, and FBI from influencing social media companies to remove so-called “disinformation.”
In the delightful 75-page order, the judges opined that the White House and its Surgeon General had "coerced the platforms to make their moderation decisions by way of intimidating messages and threats of adverse consequences" and "significantly encouraged the platforms' decisions by commandeering their decision-making processes."
The appellate court also found that the FBI had illegally coerced the companies, which had taken down 50% of the online material that the bureau's agents flagged as problematic. "Given the record before us, we cannot say that the F.B.I's messages were plainly threatening in tone or manner,” the judges wrote. But "we do find the F.B.I's requests came with the backing of clear authority over the platforms."
It’s not an exaggeration to say this case is probably the most important civil rights case in our lifetimes. This ruling is terrific news. To give you some inside baseball about how good it was, I’ll explain some injunction law.
There are four main elements that a party must prove to get an injunction. Three of them are tough. One of the tough ones is that the party must show a “substantial likelihood of prevailing on the merits.” In simpler words, that means the party seeking the injunction has to convince the court it will probably win the whole case.
So when a court grants an injunction, it must also find that, at this point, it looks like the party is probably going to win. It’s like an early trial, a preview of the court’s final decision, a trial-before-the-trial. The party that wins the injunction then has a huge, permanent advantage in the case.
So the fact that in Missouri v. Biden, the trial court and now the appellate court have both agreed on the injunction, things are looking very bad for the government and its censorship machine. Which explains why the New York Times finally reported on the case.
According to the story, the White House “is considering” appealing to the Supreme Court, and I hope they do. But I would be very surprised if that happens, because we all know the Supreme Court is probably dying to weigh in on this issue.
Major progress.
AB 587 requires large social media companies like X Corp. to (1) post terms of service dictated by the government and include terms about how content is moderated on their platforms (the "Terms of Service Requirement") and (2) submit, on a semi-annual basis, to the California Attorney General a "terms of service report" that includes, among other things, (a) "a detailed description of content moderation practices used by the social media company for that platform"; (b) information about whether, and if so how, the social media company defines and moderates (i) hate speech or racism, (ii) extremism or radicalization, (iii) disinformation or misinformation, (iv) harassment, and (v) foreign political interference; as well as (c) information and statistics about actions taken by the social media company to moderate these categories of content (the "Terms of Service Report").
AB 587 violates the First Amendment of the United States Constitution and Article I, Section 2, of the California Constitution because it compels companies like X Corp. to engage in speech against their will, impermissibly interferes with the constitutionally-protected editorial judgments of companies such as X Corp., has both the purpose and likely effect of pressuring companies such as X Corp. to remove, demonetize, or deprioritize constitutionally-protected speech that the State deems undesirable or harmful, and places an unjustified and undue burden on social media companies such as X Corp.
The estimates are that the average overturning of anti Constitutional laws, mandates, actions etc. is 18 months,
In 2017, Christian Ard began to scrutinize the bills for his daughter’s regular psychotherapy appointments. He noticed that besides the roughly $400 charge for the therapy, she was also being charged over $500 for each patient visit.
Even though insurance was covering two-thirds of the cost, something didn’t seem right.
He called his daughter’s nurse practitioner, but she had no idea what the $500 charges were for. The insurance company said it meant his daughter’s sessions had run over 50 minutes—only they hadn’t. UCSF billing said the charges were for documentation but couldn’t tell him what was being documented.
“If you don’t know, why should I pay for it?” Ard recalled asking. The response? “Good health care is priceless.”
“That’s when I said, ‘OK, I’m going to go and file in court,’” he told The Standard.
That decision sent Ard on a yearslong quest to defeat UCSF Health, San Francisco’s leading medical center, in court.
Ard was not alone in his frustrations. Many patients have complained about the high cost of health care at UCSF and the University of California medical system’s opaque billing procedures.
But Ard was persistent and knew his way around small claims court. He fought the bills, and he won.
His path to victory offers a window into the long and, at times, Kafkaesque struggle that can await patients who battle what they believe to be unjustified or inexplicably large medical bills. It’s a microcosm of a larger problem plaguing American health care, experts say.
Finally, in more terrific legal news, yesterday the LA Times ran a story headlined, “Controversial law punishing doctors who spread COVID misinformation on track to be undone.” Gosh. That was fast!
A few days ago, California bill SB815 was sneakily amended to include a provision to repeal AB2098, the state’s currently-enjoined doctor censorship law. Everything you need to know is in the LA Times’s description of that law as “a well-intentioned poorly worded and ultimately doomed effort to curb the most flagrant cases of COVID-related falsehoods by people wielding medical licenses.”
Haha, “people wielding medical licenses.” Just say ‘doctors,’ morons.
The LA Times reported there are four separate pending lawsuits attacking AB 2098. The state clearly doesn't like its chances of winning, especially since one group of plaintiffs has already obtained a preliminary injunction against the unconstitutional law. Judge William Shubb of the U.S. District Court for the Eastern District of California ruled that the law’s “unclear phrasing and structure” could have a “chilling effect,” and even called the law “grammatically incoherent.”
Last year when the law was passed, the censorship law was critical and essential to save the lives of patients too stupid to make up their own minds. But now, all of a sudden, woke California legislators don’t think the original bill was even necessary. Much ado about nothing, and so forth. As they say, success has many fathers, but failure is an orphan.
Haha, “people wielding medical licenses.” Just say ‘doctors,’ morons.
You've never had your landlord storm out of court when they were forced to repay $300 of fake paint charges because they failed to provide receipts.
A man in Louisiana has just won a lawsuit against the town of Grand Isle.
Ross Brunet flies anti-Biden flags on the back of his truck. He has been ticketed multiple times and the town even went so far as to pass an ordinance in an effort to stop him.
He won the lawsuit on free speech grounds. This article doesn’t specify what the flags say, but one could easily assume it says something like ‘F’ Joe Biden. ...
The report goes on to say that Brunet is receiving $40,000 in legal fees, and that the town is reversing the ordinance. That is good news. ...
Why was this even an issue in the first place? When Trump was president, celebrities and members of the media said vulgar things about the president every day. It was inescapable. Why the sudden outrage now?
For most people lawsuits are not the answer but just a major legal bill.
A Black Mountain Climber Ruined A Man’s Career With False Accusation Of ‘Racism,’ Lawsuit States
💉 Outstanding Orlando-based freedom law firm Liberty Counsel issued a press release yesterday headlined, “DOD Pays Liberty Counsel $1.8 Million for COVID Litigation” According to a settlement agreement filed in the Middle District of Florida yesterday, the DOD must pay Liberty Counsel $1.8 million within 21 days to cover attorney’s fees and costs after two years of litigation over vaccine mandates.
After Liberty Counsel successfully obtained multiple restraining orders and injunctions, including a class-wide injunction, on January 10th, 2023, the DOD was finally forced to abandon its grotesque medical mandate and rescind its August 24, 2021 and November 30, 2021 memoranda.
It took a year and a half to beat the mandates, which seemed like forever but is not a long time in legal terms.
Liberty Counsel Founder and Chairman Mat Staver said, “The military COVID shot mandate is dead. Our heroic service members [—some of the finest people who love God and love America—] can no longer be forced to take this experimental jab that conflicts with their religious convictions.”
Kudos to Liberty Counsel and the steely resolve of its founder, Mat Staver.
As a result of Liberty Counsel’s class action lawsuits in Navy SEAL 1 v. Austin and Colonel Financial Management Officer, et al. v. Austin, and after Liberty Counsel obtained multiple restraining orders and injunctions, including a class-wide injunction, the DOD was forced to abandon its mandate and rescind the August 24, 2021 and November 30, 2021 memoranda on January 10, 2023. This settlement agreement comes after thousands of service members have been denied religious accommodation requests (RAR) from the unlawful federal COVID shot mandate. Some service members have been punished, demoted, or discharged as a result. The many restraining orders and the class-wide injunction Liberty Counsel won stopped the DOD’s unlawful shot mandate.
The DOD is now required to pay Liberty Counsel within 21 days.
Liberty Counsel Founder and Chairman Mat Staver said, “The military COVID shot mandate is dead. Our heroic service members can no longer be forced to take this experimental jab that conflicts with their religious convictions. Through our daily work with service members in every branch, we have had the privilege of knowing some of the finest people who love God and love America. These heroes should not have been mistreated by our own government. At the same time, we have come to realize that many of the high-ranking members of leadership, the Pentagon, and the Biden administration need to be replaced. Collectively, they dishonored the brave men and women who defend our freedom. We stand ready to defend our defenders of freedom if any religious discrimination occurs in the future.”
https://www.dailywire.com/news/a-black-mountain-climber-ruined-a-mans-career-with-false-accusation-of-racism-lawsuit-states
A Black Mountain Climber Ruined A Man’s Career With False Accusation Of ‘Racism,’ Lawsuit States
I’ve now written several articles pointing out the obvious. Namely, that all important organizations that are supposed to discover the truth are completely captured.
One of the most-important of these professions is Plaintiffs’ Trial Lawyer firms. These are attorneys and law firms that are supposed to exist to represent people who suffered grave harms from malfeasance or nefarious (and illegal) acts.
First questions: Where are these fearless, justice-seeking lawyers today? What are they doing with their lives and careers?
We know what they are NOT doing: They are not suing any person or company whose activities directly or indirectly injured or killed hundreds of millions of possible plaintiffs who are pleading for justice. ...
Potential lawsuits might expose (and give some compensation or “justice”) to tens of millions of people who suffered harm from lockdowns, iatrogenic deaths and injuries, vaccine deaths and injuries and/or vaccine mandates that resulted in people losing their jobs and incomes.
So why aren’t these lawsuits being filed? Why won’t 99 percent of these firms even consider representing a potential plaintiff class that’s so massive in size?
Nobody wants to leave the safety of the herd
Or: club membership bestows benefits
My answer is that plaintiff trial lawyers are part of a “club” that’s now completely captured. It’s more important to these attorneys to remain in this privileged and protected club than it is to do the job lawyers were created to do. ...
What these lawyers in their $5,000 suits are really admitting is that they do fear repercussions from the most powerful entities in the world.
They are either scared as hell of getting on the wrong side of the “Powers that Be” … or they are admitting they’d prefer to remain a member in good standing of the club that rules the world. ...
It’s possible legions of members of Plaintiffs Trial Bar are waiting for one brave lawyer in their group who does say, “Damn the torpedoes” and starts suing away.
Of course, this scenario would entail a handful of judges who would allow good cases to go to trial … and this possibility is being blocked as well.
It turns out that the judges are lawyers too. This makes one think everyone who could make a difference …. won’t … because they’re all members of the same captured club.
I wonder what his chances are.
Breaking: You can now sue the mRNA COVID vaccine manufacturers for damages and the FDA is required to take the COVID vaccines off the market. Why? Adulteration. The plasmid bioactive contaminant sequences were NOT pointed out to the regulatory authorities. It's considered adulteration. ...
The FDA is now at a crossroads. Either they admit that they knew about the plasma contamination, and failed to disclose that to the public and to the outside committees, or they can claim that they didn’t know about it in which case Pfizer is liable. But we have the Pfizer documents that were given to the FDA so we know what the FDA got. And I seriously doubt there’s any disclosure of SV40 contamination. That means we have an adulterated vaccine and the FDA has to remove it from the market until the adulteration is fixed. If the FDA doesn’t do that, they should face criminal prosecution for endangering the public, and not following the law. ...
Here's the Michigan story for those who asked showing when there is contamination, there is no immunity. It makes sense. Otherwise, they can add arsenic into the vaccines and not be liable. ...
https://wwmt.com/news/local/michigan-judge-denies-drug-manufacturers-immunity-in-case-of-contaminated-covid-19-medication
DETROIT, Mich.— A Michigan judge has ruled for the first time that a drug manufacturer is not protected by the Public Readiness and Emergency Preparedness (PREP) Act in a case where a man suffered two strokes and a leg amputation after receiving a COVID-19 medication contaminated with glass particles.
The PREP Act was declared by the U.S. Department of health and Human Services for emergency use, and shields manufacturers, administrators and distributors of vaccines from liability claims of loss caused by a drug.
The case, filed by Ven Johnson Law on behalf of Dan Nowacki, focuses on how Nowacki suffered a stroke after receiving Remdesivir that was contaminated with glass particles.
The drug was administered intravenously at St. Joseph Mercy Chelsea Hospital and is designed to combat COVID-19 symptoms.
Two lots containing 55,000 vials of the drug were recalled after it was found they were contaminated with glass particles.
In November 2021, Nowacki was admitted to St. Joseph Mercy Hospital in Chelsea with COVID-19.
During his stay, he was administered five doses of Remdesivir and at least two of those doses belonged to the contaminated lot, the lawsuit states.
Days later, he suffered a massive stroke and other serious complications.
Nowacki developed hematomas and swelling on his face, thighs and arms.
According to the lawsuit, around December 16, 2021, Nowacki suffered another stroke, which left him permanently bedridden and in need of 24/7 round-the-clock care.
On July 12, 2023 and August 2, 2023, Judge Carol Kuhnke heard oral arguments from both Ven Johnson Law and the defendants as to whether the case should continue to trial.
The defendants in the lawsuit was filed in Washtenaw County Circuit Court and listed Gilead Sciences, Inc., the drug manufacturer and St. Joseph Mercy Chelsea Hospital, Inc. as defendants.
The judge ruled that Congress did not plan to extend the PREP Act immunity to a drug that substantially deviated from FDA approval and included glass particles.
The defendants now must stand trial.
Here is a list of 90 lawyers that you can contact if you want to sue the vaccine manufacturers:
https://airtable.com/appGIUGnttjzscdJF/shrAqtpTOTkoOgrbx/tblfVuObLpclbtF0W
The SV40 promoter is found in all the vials and it was in the gene sequence that was provided to the regulators. There is no mistake. The problem was that neither drug company ever pointed it out to the regulators. It's an unapproved contaminant that doesn't meet the standards set. So the regulators are off the hook. But if the regulators don't take action, then they dig themselves into a very deep hole. The law requires the FDA to stop the vaccine.
Robert Malone @RWMaloneMD just messaged me: “Yes I think that this DNA adulteration issue could be the wedge we have been looking for. Use of a plasmid with SV40 sequences as the template for manufacturing the pseudo-mRNA is, at a minimum, reckless and I can see no logical justification”
It does appear that Biden and most all of the US lawmakers are supporting the drug companies. That’s what they’re paid to do.
Why do I say that? The adulteration has been known since April 2023 and nobody has called for an investigation. Not even after Health Canada confirmed it. They didn’t even ask for an investigation!! ...
A writ of mandamus can be used to force the FDA to follow the law.
Also, a court injunction could halt both mRNA vaccines in the US immediately. But this would require a showing of "irreparable harm" (among other criteria).
If we can prove that the plasmid contamination is causing "irreparable harm" (i.e., integrating into your DNA), the vaccine is TOAST.
So can you guess what we are working on now?
I noted a few weeks ago that a lawyer for the Los Angeles Unified School District had faced an obviously hostile panel of judges from the 9th Circuit while defending that district’s morally and scientifically insane Covid-19 “vaccine” mandate for its employees.
Soon after, the school board voted to drop the mandate, with board president Jackie Goldberg nonetheless shrieking like the dimwitted lunatic she is that the mandate had been entirely proper and wonderfully effective.
Yes, this is an image from September 26, 2023 ...
The LAUSD ended hundreds of careers with a shameful policy that attacked the principle of informed consent and the medical autonomy of its employees, then refused reasonable demands to change the policy, then dragged litigants through a long and expensive cycle of legal conflict — and then, facing not just obvious defeat but the prospect of making case law over the topic of their horrible behavior, they dropped the policy and told the court to consider the whole argument moot. Whoops, can’t make case law, now.
This is why it’s so hard to sue governments into behaving reasonably. If they’re winning, they play out the game. If they’re losing, they flip the board and scatter the pieces.
https://twitter.com/MdBreathe/status/1717328883945509057
with board president Jackie Goldberg nonetheless shrieking like the dimwitted lunatic she is
https://twitter.com/MdBreathe/status/1717328883945509057
https://twitter.com/Storiesofinjury/status /1718090740377473327
Finally, after LibsOfTikTok’s author, Chaya Raichik, had her lawyers send the Anti-Defamation League a spicily-worded demand letter, the ADL capitulated and removed Chaya from their awful “glossary of extremists.”
The so-called Anti-Defamation League has yet to call out any of the pro-Hamas protests or disgraceful politicians and insurrectionists, like Rashida Tlaib (D-Mi.). But Libs of TikTok sure got them going.
All Chaya ever did was republish crazy leftwing TikTok videos onto platforms that conservatives use, occasionally adding a snarky comment. But just that has been too much for the liberal machine, which has relentlessly tried to doxx and destroy the young conservative.
Now Chaya’s pushing back a little. Progress!
Murder, terrorism, and a host of abuses have been committed. On October 24, 2023, a request for a criminal investigation, particularly regarding the crime of Second Degree Murder while Committing Acts of Terrorism by Anthony Fauci and several other high-level federal officials, as well as Administrators of hospital systems providing care to patients in Florida, (“Accused”) was filed with the Attorney General of the State of Florida. The filing was made pursuant to the requests of 32 residents of Florida who are next-of-kin of relatives, and former healthcare providers, of deceased victims who perished due to the COVID-19 infection mismanagement and/or fatal “COVID countermeasure” treatments received while life-saving, treatments were suppressed & denied in Florida hospitals, nursing homes, and other facilities.
The two attorneys who extensively researched and compiled this brief, and many other concerned citizens, believe that it is essential that the Florida Attorney General and her staff conduct a thorough investigation to determine if the evidence contained in the filing (and/or other evidence found during the investigation) substantiates indictment of the Accused for the alleged, or related, crimes. If the evidence provides probable cause that crimes have been committed, then a Florida grand jury should indict these Accused and the state prosecute them to the fullest extent of the law. Based on the currently available evidence, it appears that the most applicable crimes the Accused should be charged with are Second Degree Murder while Committing Acts of Terrorism and Florida RICO.
Presently, it is believed that no other request has been made to a state Attorney General similar to this filing with the Florida Attorney General. Based on the current legal landscape, if Fauci, et al are ever to be held accountable and punished for COVID-related crimes, such justice has to be delivered by a state or county level criminal court. For the truth of the victim’s and their families suffering to be heard and justice pursued on their behalf, we must not permit these horrific actions be left unchecked and unchallenged.
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Corporations in particular are afraid of lawsuits because they have a lot of money. Sue them first.
But it's also useful to sue the government when they are violating our rights.
A nice suit started by https://www.americasfrontlinedoctors.org/ :