2023.06.07 US Ninth Circuit Court of Appeals Bodycam: kzbin.info/www/bejne/bWOzp2aff7GAjJY Written Decision: cdn.ca9.uscourts.gov/datastore/memoranda/2023/07/17/22-55415.pdf News: www.nbc4i.com/business/press-releases/ein-presswire/645259294/9th-circuit-court-of-appeals-strips-lapd-officers-of-qualified-immunity-in-daniel-rivera-death-case/ Lose 2A Rights for Mean Emails!😳 Susan Bassi’s Emails That Disturb the Peace Are Domestic Violence! kzbin.info/www/bejne/hnyyZ6SHnJKWaNE Father Gets $$$ From Corrupt El Dorado County, CA: kzbin.infoi21jCcpJF7w?si=YiLrHHqIxxJcXp2j False Arrest Body-Cam One! 😳 El Dorado County, CA Obtains Warrant by Fraud & NV AG Participates!:kzbin.info/www/bejne/pXuypZp5rM1phbc Kidnapper Judge Cindy Hendrickson Revokes Illegal Order 😳 (2023)! Admits Denying Me Due Process! kzbin.info/www/bejne/noPEiWOdbNeaiZo Ring Camera! Kidnapping Coppers Exposed! 😳 Admit I Reported Corruption But Refuse to Investigate! kzbin.info/www/bejne/hX-4g2N9gZ6JpcU Father Exposes Santa Clara Superior Court Complaint Shredding Operation: kzbin.info/www/bejne/q2WtdJZqprRmZtE Another Interesting Case (lots more on my channel): Lawyer Cites Fake Cases! 😳 Parent's Civil Rights Appeal Thrown Out Due to Professional Misconduct! kzbin.info/www/bejne/Z5_Qoo2mhcyZoKc UNLIMITED IMMUNITY! 🙄 State Judges Are Supreme Beings! But You Can Win Declaratory Relief! 42USC1983 kzbin.info/www/bejne/iHe9dHSaj8p8qdE Gangsta CPS Loses Immunity! 😳 Demands the Right to Lie to Violate Citizens & Kidnap Kids! kzbin.info/www/bejne/op27op-Bd8R0g6csi=q974eNTgxew4MKqE ----- I'm just trying to be a dad after my kids were abducted. Why I am the Father in Exile: How to Fight Corrupt Family Court (Expose it!) kzbin.info/www/bejne/pofKppeQqbOMn7M Voter Fraud and Abduction Admission Caught on Court TV in NV kzbin.info/www/bejne/gGqploqGgKp5pZo Judicial Misconduct & Rights Violations Caught on Court TV - Santa Clara, CA Judge Roberta Hayashi kzbin.info/www/bejne/kJjSmGCEgauseZo Secret Judge Club Exposed 😳 at Corrupt California State Bar Meeting! (2023) kzbin.info/www/bejne/gnm1hYSeZbyHj80 Santa Clara County California Superior Court Judges Who Deny Due Process and Participate in Misconduct and Felonies: Roberta Hayashi, Cindy Seeley Hendrickson, Brooke Blecher, Thomas Kuhnle. Transcripts and Filings Will be Released Publicly on this Channel.
@carolbamforth74756 ай бұрын
We need to demand an end to qualified immunity. Corruption and no accountability in policing is an epidemic.
@chrisoakey98416 ай бұрын
you need criminal charges laid as well as recognising qualified immunity is a direct overstep by the courts. it first contradicts 42:1983. a statute directly intended to help people sue govt. second it says a law is not "clearly established" until a court rules on it. placing the court as the only part of government who can truly enact law. laws were legally established when passed then signed into law. the judiciary are the "impartial' body that isn't involved in making law. not the only one really making law.
@ygrittesnow17016 ай бұрын
@@chrisoakey9841 Prime example of how SCOTUS overstep legislative authority. This law was create precisely for this. So now even if congress were to enact a law, which they already did, SCOTUS would simply reverse whatever they come up with. I want to know why the DOJ is not charging criminally in cases like this. 18US241 and 18US242 clearly apply here.
@chrisoakey98416 ай бұрын
@@ygrittesnow1701 one great reason for Biden to sack the 6 GOP justices if not all 9. all of them violated their oath with 14th amendment , and 6 with the immunity decision. both ironically giving comfort and protection to an insurrectionist and therefore disqualifies them from holding any govt office in USA.
@chrisoakey98416 ай бұрын
@onceagain6184 you need to charge the dodgy judges with their crimes.
@northgrrl6 ай бұрын
@@chrisoakey9841và
@johnmagnotta84016 ай бұрын
A cop saying "stop resisting" comes as second nature to many officers.. cops aren't stupid.. say stuff the lawyers can use to defend you.
@chrisordway26926 ай бұрын
Cops are trained to say that when they are using force
@SylvanasWindrunnerResurrected6 ай бұрын
That corpse was resisting!!
@chrisoakey98416 ай бұрын
they are trained to say stop resisting for the camera. if they are actually struggling, they are too busy to say stop resisting. cops yelling stop resisting are confessing to unreasonable force. and felony 18:242 can mean life in prison. the cops murdered the guy by doing exactly what they are trained to do. even an unconcious man is a threat. and a corpse moves when officers grab the body. and pulling hands from under someone is hard when you are on top of the corpse.
@FeckArseIndustries6 ай бұрын
Why the cops in the US have qualified immunity seems to be completely insane and beyond all reason. Totally unaccountable- mental. Do other 1st world countries have this system of state sponsored abuse and murder?
@abbswinston42585 ай бұрын
The auditory environment is consistently loud, with a particularly repetitive emphasis on verbal commands, notably the phrase "stop resisting," which is prioritized in training. This phrase serves as a crucial justification for subsequent actions. I mention this from personal experience, as I underwent the same training. An injustice inflicted upon one individual is an injustice to all. Such occurrences can affect anyone. Unless qualified immunity is abolished, the situation is likely to deteriorate significantly, I assure you. It will become much worse.
@havenbastion6 ай бұрын
Funny how it's not clearly established that if you have overwhelming physical power over someone you shouldn't hurt them. Funny how it's not clearly established that if someone is presumed innocent you shouldn't treat them exactly as if they're presumed guilty.
@douglashoward-t8o6 ай бұрын
And one shouldn't administer capital punishment till after a conviction.
@Rashnak6618 күн бұрын
"if someone is presumed innocent you shouldn't treat them exactly as if they're presumed guilty." lets be real here, dude committed felony burgulary, fled, and was being arrested after the chase. He was guilty of that, not that it justifies the force used, but this isn't an innocent angel
@ygrittesnow17016 ай бұрын
"None of the officers present at the scene adhered to LAPD’s policy, which mandates specific measures to prevent positional asphyxiation. The Board of Police Commissioners found that Rivera did not pose a threat to the 10 officers on the scene, further finding the officers acted out of policy." This was no less then a murder. There should have been federal criminal charges as well as the civil suit.
@douglashoward-t8o6 ай бұрын
And they violated actual laws.
@theespartanff31886 ай бұрын
You say you can't breathe, they say you can or else you couldn't say that. You don't say you cant breathe, well if you couldn't breathe you'd say so. What the hell judge
@martystrasinger38016 ай бұрын
Yeah, the concept that you can squeak out a desperate plea (requiring exhale) but not able to breathe enough to sustain life (inhale) seems to escape a lot of people.
@sailguy20105 ай бұрын
Who can say they can’t breathe while being taxed 4 times? I’d like to see the judge demonstrate that. Garbage justice.
@PaulRoos-p3o3 ай бұрын
here's the thing, if a person is having great difficulty breathing they say "i can't breathe"!!! no one who has had great difficulty breathing has said " i', having GREAT DIFFICULTY breathing" EVER! again they say "i can't breathe" but cops are so callous and stupid that never occurs to them !
@TheOneandOnlyD-R-E6 ай бұрын
The two worst phrases in our criminal justice system: qualified immunity and totality of circumstances. 😡
@ygrittesnow17016 ай бұрын
'We are the government. We're here to help you.
@sudipghosh57746 ай бұрын
And officer safety
@PaulRoos-p3o3 ай бұрын
funny how totallity of circumstances doesn't apply to us ! only them !
@evenbet9603Ай бұрын
I appreciate your observation. I agree completely, one is a "benefit of the doubt card," the other is a means to obfuscate the truth used by law enforcement and their representatives.
@paulwood34606 ай бұрын
If justice was served, then life in jail with no parole. But we all know that justice won’t be served.
@bettyjones9736 ай бұрын
This is barbaric and inhumane. Would these criminals do this to their own family members 🤔
@delresearch54166 ай бұрын
Yes
@douglashoward-t8o6 ай бұрын
Yes
@delresearch5416Ай бұрын
Yes, and they say look what you made me do.
@kevinfields75006 ай бұрын
They tased an unarmed man that was clearly not going anywhere. That's use of deadly force.
@michaelherring72106 ай бұрын
What a sick woman arguing for these cops. I know it’s her job to defend them, but that doesn’t make it any less ghoulish. Just because someone is a felon, doesn’t mean cops can do whatever they want to them. This was a non-violent crime being investigated by 10 cops who couldn’t put handcuffs on 1 man without killing him? These cases are laughable to normal people who don’t know much about QI.
@dermotlynch22236 ай бұрын
She would strenuously argue that they didn't kill him. He just happened to die while they were helping him.
@benanderson30416 ай бұрын
These judges are obviously highly intelligent but an 8 year old knows right from wrong but these judges and district attorney's are oblivious
@Delimon0076 ай бұрын
17:20 She just lied. . . she said she knew what the cause of death was, then said that it was "sealed" meaning she doesn't have access to it and neither does the court. . . Also does she know what a "seizure" is? Your body is acting without YOU telling it to do things. Of course he body can automatically tense up if he is unconscious or having seizures! I thought this would be common sense. . . Edit: In case this doesn't make sense, just think of it this way. Things that are "sealed" in court would be things like private information say, someone's address for example. You also have classified information that would also be sealed. This is the first time out of the 10+ years I've been watching GOD knows how many court cases I've seen "cause of death" be sealed. Chances are, they don't know what the cause of death is and it hasn't been verified. That's why it can't be used in court. It makes absolutely NO sense to seal away the reason why someone died when talking about manslaughter or murder does it?!?!? Obviously not.
@isaacclark98256 ай бұрын
Sealed as used here means you cannot discuss the details in front of the public. It does not mean that the court won't consider the evidence. It is not sealed in the same sense that a juvenile record is sealed and cannot be used in court.
@martj13136 ай бұрын
It's very discriminatory that only the government get qualified immunity, if they taught cops the law and stopped recruiting psychos then they wouldn't need it.
@ygrittesnow17016 ай бұрын
Cops don't exactly spend their time reading case law to find out what has and hasn't been clearly established. It is amazing that even in cases where it is clearly establish they don't try to claim QI.
@justinknighton-po4vn6 ай бұрын
@@ygrittesnow1701every other profession requires their employees to learn and keep up with new regulations
@douglashoward-t8o6 ай бұрын
But it's war man.
@harveyblough72046 ай бұрын
Nothing will happen from this.Being that they are allowed to investigate and find themselves innocent
@CeanStrauss6 ай бұрын
This is a qualified immunity appeal hearing. Qualified immunity only applies to civil litigation and has nothing to do with criminal prosecution. A win here would only allow the family to attempt to sue the LEO(s) involved. QI doesn't save government officials from being criminally prosecuted for their blatant crimes, that's what the rest of the corrupt "justice" system is for.
@HuntingtonTownshipWatch6 ай бұрын
The attorney for the police really had no argument.
@chriscopley72656 ай бұрын
"negligent tactics don't constitute a violation of the Constitution" ???????
@johnmagnotta84016 ай бұрын
Let me see if I have this right.. if a suspect is saying "I can't breathe" we've heard cops say "you're talking so you can breathe" and courts mostly agree.. then, on the other hand the judge brings up "well, I didn't hear the suspect say 'I can't breath' so.." Maybe I'm reading too much into this.
@ibe3106 ай бұрын
WHEN DO JUDGES AND COPS BECOME MEDICAL EXPERTS?
@11C1P6 ай бұрын
@@ibe310 Whenever it suits them. Then whenever it suits them, they also will gleefully say they aren't medical experts.
@Delimon0076 ай бұрын
The funny thing is, if you bring on ANY medical expert, ie. an actual F'in doctor who specializes in respiratory issues, they will tell you that just because someone can speak doesn't mean they can breath. Exhaling =/= Inhaling. They are two totally different things. Also you may not be able to get an adequate amount of air but you can still talk etc. If someone is choking and they can still talk, does that mean they are okay and they can breathe?!?!? NO! So why the F is this stupid myth still circulating when a 5 second google search would EASILY debunk it?!?!?
@bobthetitanic6 ай бұрын
Don't forget about the immunity@@11C1P
@Bri_g36 ай бұрын
@@Delimon007if you can’t count to 10 without having difficulty breathing then you need to get to hospital immediately, that’s what I was taught.
@cynthiarowley7196 ай бұрын
Tribal issues, ? A fish out of water, it's KNOWN the fish can't breath.
@AlexeiTetenov6 ай бұрын
Keep Pressing!!!
@fatherinexile6 ай бұрын
🫡
@damonday34516 ай бұрын
Bruh they always say if you can tell me you cant breath, youre breathing. So how the fuck you supposed to tell them you cant breathe? Gotta wait until you really cant breathe?
@integralmath6 ай бұрын
Dear lord. Appellants' counsel is one terrible appellate litigator. Go to the beginning of the argument when one of the judges asks counsel, because to her the written brief didn't make it absolutely clear, about whether he forfeiting one of the claims that was pressed in the court below. He answered her that they were abandoning that claim. The judge accepted the representation. Counsel then spent 35 seconds explaining what he was thinking when writing the brief droned on and on about the subject. An answer that took less than one second to give and in turn took less than one second for the court to accept as a binding forfeiture of a claim, for no reason other than counsel's own deficiencies at oral argument, consumed 35 seconds of his total argument time, which was scheduled for only 15 minutes. Good appellate counsel do not make these mistakes, the problems presented thereby become evident later in the hearing when he's exhausted his time. But even then the judges graciously grant him a brief period to make a single point, and he starts regaling the court with tales of his time as a new lawyer in the 1990s... this is just a dreadfully unprofessional lawyer larping as a litigator. Court: counsel, what's your name? Lawyer: well, my parents started dating in high school. They were lovely high school sweethearts who just did everything together. And then one day, they got engaged. Later they were married and then my mom became pregnant. WITH ME! And then nine months after that, she was in labor. In a hospital! With doctors! I was born. They named me Sir Talks-a-lot because, if you can believe it, I have a complete inability to shut my mouth. I just mindlessly talk and talk and talk. Interminably! Judges hate counsel like this. So do competent litigators.
@davidgrossman79656 ай бұрын
You no realize that if anyone of us made arguments as ridiculous as the state does here, wed be laughed out of court. Even courts that kinda make the rught decision, like here they take these ridiculous arguments from the state seriously. If our lawyers made such hair brained arguments, they'd be sanctioned
@hillbillyhookin19866 ай бұрын
I should have been an attorney I love these videos
@lochnesswes16 ай бұрын
The BS "we need clearly established law" that tasing a person to death to demonstrate that act as criminal/negligent by the officer(s). How do we create clearly establish law/precedent if every case is dismissed for lack clearly established law/precedent? Its judicial cowardice.
@douglashoward-t8o6 ай бұрын
It stymies the advancement of justice in America by the Justus system the king has on place.
@will.m11106 ай бұрын
Is it a LAPD policy violation if an officer observes another officer committing a violation, and doesn’t report said violation?
@douglashoward-t8o6 ай бұрын
Under the actual laws. This is called torture to murder.
@RandyLaheySunnyvale6 ай бұрын
Love the audio on this.
@PaulRoos-p3o3 ай бұрын
"your honor i'm reminded of the saying " 2 wrongs don't make a right " and in this case i would say that 1 wrong should suffice ,
@bluevegas016 ай бұрын
XD, that man in the back with the black hair is after the beginning of this video is looking at the other guy like "This man's cookin'. Let me take mental notes." LOL.
@andrewewels30544 ай бұрын
I think the law the judges are looking for is " cruel and unusual punishment "
@sailguy20105 ай бұрын
Man, hearing that lady lawyer lie about the guy struggling after being tazed is sickening. Just cus a cop says “don’t resist” as he beating somebody to death doesn’t make it right.
@CPIcivrights6 ай бұрын
Officer's using officer safety as a reason for the use of force, which is probably the biggest cause of harm to civilians. Officers overreacting with little thought because of qualified immunity being at the root. The older officers and trainers have been enforcing the law incorrectly for years. Then you put young officers that play video shoot Em up games all of their life, and they're very quick to pull a gun and pull the trigger, not even thinking of the consequences of their actions. Then you add officers who are afraid to be police officers who are afraid all the time of everyone, and they also hold guns and pull triggers too quickly. Acorn cop. Then you have the misuse of the Terry stop. When you combine all these things together, it spells a clear danger to the public. People who have carried gun lawfully and legally all their lives and have never committed a crime are being shot and killed by police for nothing more than owning a gun and legally carrying their weapon because police are so fearful of the general public. In the United States police kill more innocent people than all other countries together. Police in the US are very prone to violence against the public.
@jimosborne26 ай бұрын
To all those justifiably very upset over qualified immunity for cops, it’s only about to get far, far worse in the future. The Supreme Court has ruled that the President may be entitled to FULL IMMUNITY for any alleged criminal activity. I guarantee it will be only a matter of time before the idea of absolute immunity trickles down to other federal and state officials
@ajayazad16 ай бұрын
land of the free and home of the brave !! 😕
@Resist_JWO_19846 ай бұрын
Land of the fee, home of the slaves 🐑🐑
@PaulRoos-p3o3 ай бұрын
IF HE'S NOT GOING TO DO A MONELL CLAIM THEN WHAT IS HE AFTER?
@bettyjones9736 ай бұрын
Stop these stops, constitution states citizens should be able to go about their business without being harassed, kidnapped and killed.
@AuditingWithSmiley6 ай бұрын
Sounds like Ronald Greene and the Louisiana State Police.
@JosephKano6 ай бұрын
Tensed up... They love that tensed up dont they.
@reverendfry60886 ай бұрын
@ 03:50; Of course they were wrong.
@thomasspringer51876 ай бұрын
I have a question. What difference does it make if a Monel claim is sought after when the issue is justice?
@thomasspringer51876 ай бұрын
I believe the honorable Justices cant be honest if they have to protect the agency that facilitated the murder.
@memyselfandi32026 ай бұрын
US.. the place where people need to be trained on 'common sense' and 'using your brain'. Not to mention if someone is being asphyxiated they *will* struggle and *will* kick out. Somehow someone laying on their stomach is able to see behind themselves and can thus kick the hand of a cop. Not being able to breath also means you cannot say/scream your opposition to being.. well asphyxiated. FFS.. create a professional police force and train them! Not this 'learn to police in 30 days' crap
@AshehasawienerdogАй бұрын
sealing causes of death of poilice victums demands imprisonment of the officals covering things up at the least
@callumbush16 ай бұрын
Evil personified
@OlsonCox-uu7ob5 ай бұрын
They use sametas leand for to me to dobther duty job i did nt new drown was taking my pitur this people are evil this country
@OlsonCox-uu7ob5 ай бұрын
This ate crim this country they doing in her country
@OlsonCox-uu7ob5 ай бұрын
Way are taking ther pictures for ?
@colingregory74646 ай бұрын
Might the "lack of faculty", possible use of substances have been Head Injury ? Not sure it matters in an assessment ! Is the suspect's struggle supported by anything except Officer's word ? What was the cause of death and was restricted breathing contributory ?
@colingregory74646 ай бұрын
Would a mediated decision fix the law ? If there is doubt on The Law surely that should be settled ?
@OlsonCox-uu7ob5 ай бұрын
U tell cop wat to do in street wen they see us ?
@OlsonCox-uu7ob5 ай бұрын
Ther one doing crim wen us to dsamr crim to them they but in jail for crim they do ?
@OlsonCox-uu7ob5 ай бұрын
Way? U but camera in somebody house waching them tolk aboy them in public ?
@OlsonCox-uu7ob5 ай бұрын
How are people doing crim this country ? It's u guys working in front of government control ur country that waybit poor clop?
@OlsonCox-uu7ob5 ай бұрын
This people at my house menetor my house report me wat im doing in my own house its illgal it not ther business to new wat. Doing in mh own house
@frankwatson21656 ай бұрын
Am i the only one who hears the whiny screeching sounds when the defense counsel is speaking
@FeckArseIndustries6 ай бұрын
How they can state he was unconscious at a distance is a new one on me. Just saying, 38 years experience as a front line paramedic, I couldn't confirm loss off consciousness at 5yds, 10yds, any yards.