An Early Christmas Gift From ‘Homeland Security’ and the TOPD

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Not to be disappointed on the 6 year anniversary of an illegal joint task force roadblock I ran afoul of on December 20, 2002, I was molested by the same agencies yet again six years later under slightly different circumstances.

In 2002, the U.S. Border Patrol (and U.S. Customs) assisted the Tohono O’odham Police Department with conducting an illegal dragnet roadblock masquerading as a sobriety checkpoint inside the reservation along a state highway. After being stopped at the roadblock in 2002 while driving home from work, I was deemed to be insufficiently submissive and was promptly arrested and maliciously prosecuted.

After defeating the charges in court a year later, I filed a lawsuit which is still ongoing today. Whether or not this history has anything to do with tribal police involvement in the incident described below remains to be seen. A review of the lawsuit’s discovery documentation however reveals that TOPD Officer R. Carrasco, badge #166, the tribal officer who engaged in joint action with the Border Patrol below, also participated in the 2002 roadblock that’s currently being litigated in the 9th Circuit.

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Appeals Court Audio Recording of Roadblock Hearing Now Available

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As previously announced, a three judge panel in the United States Court of Appeals for the 9th Circuit heard oral argument in my five year running civil rights lawsuit on the morning of November 20, 2008. The lawsuit, filed in December of 2003, stemmed from an illegal joint task force roadblock I ran afoul of on December 20, 2002. A full account of this incident spanning the past six years is available here.

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9th Circuit To Hear Oral Argument in Roadblock Lawsuit

criminal_justice_jurisprudence_2For those of you who have been following my five year civil rights lawsuit regarding my encounter at an illegal joint task force roadblock on December 20, 2002, we’ve finally heard from the 9th Circuit Court of Appeals.

The court has agreed to review the case and has scheduled fifteen minutes of oral argument in front of a three judge panel. The hearing will take place in San Francisco on November 20, 2008.

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Appeals Court Opening Brief Filed in ‘Right To Travel’ Lawsuit

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On September 4, 2007, my Federal Appeal’s Court Opening Brief was hand delivered to the 9th Circuit Court of Appeals in San Francisco. This appeal, from final rulings made in District Court Case No. CV-04-264-JMR in the District of Arizona, marks the forty-fifth month of litigation regarding a civil rights lawsuit filed in December 2003 against four tribal police officers from the Tohono O’odham Nation.

Those unfamiliar with the incident and associated legal action leading up to this appeal should go to Checkpoint USA for a comprehensive overview.

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ICE Agent William Dreeland Deposed

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* Note – Originally posted on March 5, 2007. this blog entry has been significantly updated with additional information and analysis.

Late last year, four Tohono O’odham tribal police officers and one federal agent were deposed in my civil rights lawsuit stemming from an illegal joint task force roadblock over four years ago. I spent most of 2003 successfully defending myself against various trumped-up charges. After the charges were prejudicially dismissed by a judge in December 2003, I filed a lawsuit against the tribal officers which resulted in the deposition of ICE Agent William Dreeland late last year. For those unfamiliar with this fifty-five month legal saga, a comprehensive overview is available here.

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USA Stretches The Facts In Objection To Motion For Summary Judgment

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In followup to my March 9th and 10th posts, Tucson-based assistant U.S. attorney Gerald Frank has responded to our opposition to the USA’s Motion for Summary Judgment. As has become the norm, Mr. Frank distorts the facts in his motion along with associated case law in order to justify summary judgment.

Read on for further discussion regarding Mr. Frank’s motion.
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USA Files Motion for Summary Judgment

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In an attempt to have the malicious prosecution charge against the Bureau of Indian Affairs dismissed related to my ongoing civil rights lawsuit, Gerald Frank, with the U.S. Attorney’s Office, has filed a Motion for Summary Judgment with the federal district court in Tucson. This motion coincides with a similar motion filed by the attorney for the tribal police defendants.
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