ROL_2023-09-01_16k_Hr3-4.timecode

[00:00.000 --> 00:05.800]  The Bill of Rights contains the first 10 amendments of our Constitution.
[00:05.800 --> 00:09.440]  They guarantee the specific freedoms Americans should know and protect.
[00:09.440 --> 00:10.920]  Our liberty depends on it.
[00:10.920 --> 00:14.860]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[00:14.860 --> 00:16.960]  your First Amendment rights.
[00:16.960 --> 00:18.560]  Privacy is under attack.
[00:18.560 --> 00:22.160]  When you give up data about yourself, you'll never get it back again.
[00:22.160 --> 00:26.920]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:26.920 --> 00:32.080]  So protect your rights, say no to surveillance, and keep your information to yourself.
[00:32.080 --> 00:34.680]  Privacy, it's worth hanging on to.
[00:34.680 --> 00:38.960]  This public service announcement is brought to you by Startpage.com, the private search
[00:38.960 --> 00:42.520]  engine alternative to Google, Yahoo, and Bing.
[00:42.520 --> 00:44.840]  Start over with Startpage.
[00:44.840 --> 00:47.800]  Spar, it's what fighters do.
[00:47.800 --> 00:51.280]  It's also how I remember the five guarantees of the First Amendment.
[00:51.280 --> 00:54.480]  If you plan to take away my rights, I'm going to spar with you.
[00:54.480 --> 01:01.600]  Spar with an extra P, S for speech, P for press, another P for petition, A for assembly,
[01:01.600 --> 01:02.960]  and R for religion.
[01:02.960 --> 01:07.000]  Most Americans are familiar with the First Amendment guarantees of free speech, press,
[01:07.000 --> 01:08.560]  assembly, and religion.
[01:08.560 --> 01:10.880]  But petition for redress is another matter.
[01:10.880 --> 01:14.600]  We have the right to petition the government for a redress of grievances.
[01:14.600 --> 01:18.120]  It means that if we're unhappy with what's going on in our government, we can spell out
[01:18.120 --> 01:20.800]  the reasons without fear of being thrown into jail.
[01:20.800 --> 01:22.760]  I'm Dr. Catherine Albrecht.
[01:22.760 --> 01:31.120]  More news and information at CatherineAlbrecht.com.
[01:31.120 --> 01:34.760]  The Bill of Rights contains the first 10 amendments of our Constitution.
[01:34.760 --> 01:38.220]  They guarantee the specific freedoms Americans should know and protect.
[01:38.220 --> 01:39.720]  Our liberty depends on it.
[01:39.720 --> 01:43.600]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[01:43.600 --> 01:46.720]  one of your constitutional rights.
[01:46.720 --> 01:48.320]  Privacy is under attack.
[01:48.320 --> 01:51.920]  When you give up data about yourself, you'll never get it back again.
[01:51.920 --> 01:56.680]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:56.680 --> 02:01.720]  So protect your rights, say no to surveillance, and keep your information to yourself.
[02:01.720 --> 02:04.440]  Privacy, it's worth hanging on to.
[02:04.440 --> 02:08.720]  This public service announcement is brought to you by StartPage.com, the private search
[02:08.720 --> 02:12.280]  engine alternative to Google, Yahoo, and Bing.
[02:12.280 --> 02:14.360]  Start over with StartPage.
[02:14.360 --> 02:20.200]  When I think of the Second Amendment, I visualize myself wrapping my two arms around the Bill
[02:20.200 --> 02:22.280]  of Rights in a big old bear hug.
[02:22.280 --> 02:26.760]  It's how I remember that the Second Amendment guarantees us the right to bear arms, arms
[02:26.760 --> 02:30.600]  that embrace our freedoms and won't let anyone take them away without a fight.
[02:30.600 --> 02:31.600]  Get it?
[02:31.600 --> 02:33.920]  Two arms, bear hug, bear arms?
[02:33.920 --> 02:37.520]  The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well
[02:37.520 --> 02:43.280]  when he said, the right of the citizens to bear arms is just one guarantee against arbitrary
[02:43.280 --> 02:47.400]  government, one more safeguard against the tyranny, which now appears remote in America,
[02:47.400 --> 02:50.440]  but which historically has proved to always be possible.
[02:50.440 --> 02:52.440]  I'm Dr. Catherine Albrecht.
[02:52.440 --> 03:18.600]  More news and information at CatherineAlbrecht.com.
[03:18.600 --> 03:47.240]  Okay, we are back in Kelton, Wet Fountain, rule of law radio, and we're talking to Roger
[03:47.240 --> 03:53.280]  from Wisconsin, alas, David in Kansas, and I really wanted to talk to him.
[03:53.280 --> 03:56.880]  But Roger, be a nuisance.
[03:56.880 --> 03:57.880]  Start a fight with him.
[03:57.880 --> 03:58.880]  This is the-
[03:58.880 --> 04:08.080]  Well, I did confront the person I said, you know, I couldn't care less, I publicly state
[04:08.080 --> 04:15.320]  I'm not against the judicious use of marijuana, I'm just against people being subjected without
[04:15.320 --> 04:20.200]  their consent, especially minor children and everything, and to-
[04:20.200 --> 04:25.280]  Okay, this is not about, we're not talking the moral side, we're talking how to get the
[04:25.280 --> 04:27.480]  police off the dime.
[04:27.480 --> 04:35.760]  Yeah, thank you so much for all that information, and gosh, I mean, you guys do a wonderful
[04:35.760 --> 04:50.760]  job of presenting this pro se issue to common people, and I just wish it was a lot easier
[04:50.760 --> 04:57.480]  for people like Cookie Cutter, you know, and I know that you made up your website, which
[04:57.480 --> 05:03.480]  is exactly that, right, kind of like a Cookie Cutter procedural-
[05:03.480 --> 05:06.040]  I'm working on that.
[05:06.040 --> 05:12.280]  I've got 15 years and a half a million dollars in it, and I'm still working on it, but I'm
[05:12.280 --> 05:17.000]  talking to an attorney now who may help me get it launched.
[05:17.000 --> 05:20.080]  Fantastic, I can't wait.
[05:20.080 --> 05:27.040]  Yeah, I think you addressed, I asked you before about the fees or whatever, but anyways, you
[05:27.040 --> 05:33.960]  guys, I thank you so much, you know, every time I call you, thank you for taking my call,
[05:33.960 --> 05:43.480]  first of all, and secondly, just, I don't know how to give such tremendous information
[05:43.480 --> 05:49.480]  that you guys are putting out there, and I just wish every common citizen was aware of
[05:49.480 --> 05:54.200]  half of it, you know, and I'll end it with that.
[05:54.200 --> 05:56.200]  I thank you again.
[05:56.200 --> 05:59.400]  Okay, thank you for calling, Roger.
[05:59.400 --> 06:02.720]  Now we're going to go to Mary in California.
[06:02.720 --> 06:06.520]  Okay, Mary, what do you have for us?
[06:06.520 --> 06:12.200]  First, I want to set the record straight that my name is not Mary, it's Teresa.
[06:12.200 --> 06:19.200]  Oh, no, no, no, you're in our computer as Mary, so you're stuck.
[06:19.200 --> 06:23.000]  Okay, we'll fix that.
[06:23.000 --> 06:26.640]  Okay, Teresa in California.
[06:26.640 --> 06:33.960]  Yes, and I don't exactly recall why I was trying to be incognito when I first called
[06:33.960 --> 06:34.960]  in.
[06:34.960 --> 06:41.600]  I think it's to Eddie, but I just want to set the record straight because I have some
[06:41.600 --> 06:45.960]  really good news for you guys, and I'm excited to share it with you.
[06:45.960 --> 06:52.720]  Okay, well, if you have been talking to Eddie, I understand why you want to be incognito.
[06:52.720 --> 07:03.360]  Well, I think I called him about questions regarding my car, because the sheriff's department
[07:03.360 --> 07:05.040]  stole my car.
[07:05.040 --> 07:12.400]  But when I called in to you guys, we were talking about how I got arrested on the beach
[07:12.400 --> 07:15.400]  and that I had submitted a writ of mandate.
[07:15.400 --> 07:18.840]  Yes, I remember you now.
[07:18.840 --> 07:20.960]  Okay, okay.
[07:20.960 --> 07:30.240]  So the good news is, after three years of living under three illegitimate criminal charges
[07:30.240 --> 07:38.640]  and two warrants, I marched into the Superior Court last month and got them all thrown out
[07:38.640 --> 07:41.640]  without an attorney.
[07:41.640 --> 07:47.160]  Okay, now is time to sue them.
[07:47.160 --> 07:56.360]  Well, I'm in the middle of a lawsuit, and I filed it last June.
[07:56.360 --> 08:06.000]  And then I requested from the federal judge, because I also submitted, it was a motion
[08:06.000 --> 08:12.320]  for injunctive relief on the criminal charges and the warrant, which he actually warrants,
[08:12.320 --> 08:14.320]  which he denied.
[08:14.320 --> 08:20.440]  And after he denied it, I requested that he stay the lawsuit, so I can deal with all this
[08:20.440 --> 08:24.960]  other stuff in the Superior Court, and he granted that.
[08:24.960 --> 08:30.600]  Okay, what is the nature of your lawsuit that stayed?
[08:30.600 --> 08:37.280]  It was stayed, and he just opened it at the beginning of last month, August.
[08:37.280 --> 08:41.840]  Well, what was the nature of it?
[08:41.840 --> 08:51.280]  I had 10 causes of action, so it's violations of my religious freedom, redress of grievances,
[08:51.280 --> 08:54.560]  malicious prosecution, unlawful search.
[08:54.560 --> 09:01.560]  Oh, so my recommendation was a bit late.
[09:01.560 --> 09:03.720]  You've already got them.
[09:03.720 --> 09:07.600]  I had already filed a lawsuit, yes.
[09:07.600 --> 09:08.600]  Oh, wonderful.
[09:08.600 --> 09:09.600]  Okay.
[09:09.600 --> 09:14.200]  Okay, I have a question for you.
[09:14.200 --> 09:22.520]  When you sued them, did you sue them in their professional capacity or their private capacity?
[09:22.520 --> 09:31.280]  I did on the first complaint, and then the second complaint, I changed it to individually,
[09:31.280 --> 09:35.720]  and I'm suing the two public entities.
[09:35.720 --> 09:46.040]  Okay, did you file a separate action or did you file an amended complaint?
[09:46.040 --> 09:49.120]  I filed an amended complaint.
[09:49.120 --> 09:55.880]  In the amended complaint, where you changed from the professional capacity to their private
[09:55.880 --> 10:02.640]  capacity, who was the lawyer?
[10:02.640 --> 10:08.160]  Was it a government lawyer?
[10:08.160 --> 10:10.160]  Do you mean for the defendants?
[10:10.160 --> 10:12.800]  Yeah, who paid for them?
[10:12.800 --> 10:22.840]  Well, there's two firms, and there's one government firm for the county, and then there's a private
[10:22.840 --> 10:24.680]  firm for the city.
[10:24.680 --> 10:27.840]  So I'm battling two separate firms.
[10:27.840 --> 10:29.480]  Okay, wait a minute.
[10:29.480 --> 10:34.320]  You sued the city.
[10:34.320 --> 10:39.320]  How is the city involved if you sued the individuals?
[10:39.320 --> 10:49.000]  Okay, just so I'm being clear, I sued two public entities, the county and the city,
[10:49.000 --> 10:55.840]  and I'm also suing the officers that worked for the city.
[10:55.840 --> 11:00.280]  Who represented the officers?
[11:00.280 --> 11:09.920]  So the same firm that was representing both the city and the officers from the first complaint
[11:09.920 --> 11:16.240]  are continuing to represent both, even though now I'm suing them individually.
[11:16.240 --> 11:20.200]  Okay, did you listen to the show yesterday?
[11:20.200 --> 11:21.200]  No.
[11:21.200 --> 11:26.320]  Oh, I'm crushed.
[11:26.320 --> 11:32.680]  I thought everybody just weighs pins and needles for every show.
[11:32.680 --> 11:37.400]  Okay, enough of the ham bone stuff.
[11:37.400 --> 11:39.840]  Okay, yesterday I talked about this.
[11:39.840 --> 11:53.160]  I sued all of the highest judges in Texas, in the federal court, in their personal capacity,
[11:53.160 --> 11:56.440]  and the attorney general responded for them.
[11:56.440 --> 11:57.440]  Okay.
[11:57.440 --> 12:01.440]  So that didn't seem right.
[12:01.440 --> 12:08.200]  Here I sued these judges in their personal capacity, accusing them of an ongoing criminal
[12:08.200 --> 12:16.200]  enterprise that costs the taxpayers of the state of Texas $11.9 billion a year, and they
[12:16.200 --> 12:22.480]  use those same taxpayers' dollars for their defense.
[12:22.480 --> 12:25.080]  That didn't seem right.
[12:25.080 --> 12:29.520]  So I did some research.
[12:29.520 --> 12:32.180]  It was not right.
[12:32.180 --> 12:38.120]  Not only was it wrong, it was absolutely forbidden.
[12:38.120 --> 12:40.440]  And here's how it got there.
[12:40.440 --> 12:52.080]  The Texas Constitution says that once an employee is employed under a contract and receives
[12:52.080 --> 13:00.580]  any payment under that contract, he cannot, the legislature is forbidden to grant them
[13:00.580 --> 13:09.480]  any further emoluments, that's the term I'm using, but any further payment.
[13:09.480 --> 13:15.120]  And that's to grant gratuitous something, I found that in case law.
[13:15.120 --> 13:21.080]  They're forbidden to give them anything extra by constitution.
[13:21.080 --> 13:29.060]  The fact that it's in our constitution, because it's such a big problem, that would allow
[13:29.060 --> 13:34.600]  the legislature to buy off public officials.
[13:34.600 --> 13:40.120]  So our founders said that crap's not going to happen and forbid it.
[13:40.120 --> 13:47.720]  Look at the California Constitution as it goes to payment to public officials.
[13:47.720 --> 13:54.840]  Okay, so are you, yeah, sorry, go ahead.
[13:54.840 --> 14:01.600]  You wanna look and see where, the way I found most of it was the attorney general.
[14:01.600 --> 14:05.680]  The attorney general is the state's lawyer.
[14:05.680 --> 14:12.440]  And your city attorney will be in essentially the same position relative to the city as
[14:12.440 --> 14:17.840]  the attorney general is relative to the state.
[14:17.840 --> 14:24.480]  Who is your attorney general authorized to represent?
[14:24.480 --> 14:32.360]  Is there anywhere in California law that allows the attorney general to represent a public
[14:32.360 --> 14:37.880]  official suit in their personal capacity, their private capacity?
[14:37.880 --> 14:39.320]  I don't know.
[14:39.320 --> 14:43.840]  I could not find it in Texas anywhere.
[14:43.840 --> 14:53.120]  Now if there is a suit for which the state could be liable, the attorney general can
[14:53.120 --> 14:59.560]  act as an interpreter and enter the case.
[14:59.560 --> 15:06.160]  Or if a public official is sued in his official capacity, the attorney general can represent
[15:06.160 --> 15:07.160]  them.
[15:07.160 --> 15:14.400]  But it says nothing about private capacity anywhere.
[15:14.400 --> 15:24.880]  So you sue the lawyer who filed a document in the defense of these two officers sued
[15:24.880 --> 15:27.120]  in their private capacity.
[15:27.120 --> 15:34.480]  When you filed the amended complaint, did you do it in the Fed?
[15:34.480 --> 15:36.640]  I did, yes.
[15:36.640 --> 15:38.440]  Did they file a Rule 12?
[15:38.440 --> 15:46.680]  Yes, they just filed one yesterday, both opposing counsel and a motion to strike.
[15:46.680 --> 15:49.520]  Okay, perfect timing, perfect timing.
[15:49.520 --> 15:56.840]  See what they're counting on is that, okay, hold on, let me back up and make sure I get
[15:56.840 --> 16:01.520]  into everything.
[16:01.520 --> 16:08.360]  Make sure I don't forget to speak to the young doctor, I'll get that in a minute.
[16:08.360 --> 16:12.080]  The first thing you want to do, and I did it second because I didn't find out about
[16:12.080 --> 16:21.840]  it soon enough, the first thing you want to do is file a motion to strike the Rule 12
[16:21.840 --> 16:32.320]  as it relates to the police officers, as the city paid lawyer had no standing to represent
[16:32.320 --> 16:35.240]  police officers sued in their private capacity.
[16:35.240 --> 16:47.160]  Now that is a misuse of public funds, a misappropriation of public funds.
[16:47.160 --> 16:50.800]  Oh, this is going to be fun.
[16:50.800 --> 16:57.160]  Hang on, Randy Kelton, Brett Founding, Wheel of Law Radio, don't go anywhere, we'll be
[16:57.160 --> 17:00.280]  right back.
[17:00.280 --> 17:05.560]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[17:49.600 --> 17:57.280]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com.
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[18:04.720 --> 18:08.280]  In today's America, we live in an us against them society and if we the people are ever
[18:08.280 --> 18:12.640]  going to have a free society, then we're going to have to stand and defend our own rights.
[18:12.640 --> 18:15.680]  Among those rights are the right to travel freely from place to place, the right to act
[18:15.680 --> 18:19.360]  in our own private capacity, and most importantly, the right to due process of law.
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[19:54.440 --> 20:24.000]  Okay, we are back.
[20:24.000 --> 20:51.760]  It was so strong in Texas law, in Texas constitution.
[20:51.760 --> 20:56.280]  I was amazed the constitution addressed this issue.
[20:56.280 --> 21:03.120]  But they addressed it in Article III, Section 44, 50 and 52.
[21:03.120 --> 21:06.640]  Three different sections addressed this issue.
[21:06.640 --> 21:09.680]  No extra money to public officials.
[21:09.680 --> 21:14.060]  So almost certainly it's going to be in California.
[21:14.060 --> 21:16.520]  So here's the deal.
[21:16.520 --> 21:20.080]  You file a motion to strike the Rule 12.
[21:20.080 --> 21:30.200]  They filed the Rule 12 and that told the time to file an answer.
[21:30.200 --> 21:41.200]  If you get the ruling that the city attorney could not represent these two policemen, then
[21:41.200 --> 21:45.760]  you move for default judgment because they didn't file an answer.
[21:45.760 --> 21:54.040]  If the Rule 12 is stricken, then the time limit to file the answer didn't toll and
[21:54.040 --> 21:57.040]  their 21 days would be up.
[21:57.040 --> 22:03.880]  Okay, let me make sure that I explain myself properly.
[22:03.880 --> 22:08.080]  It's not the city attorney that's defending them.
[22:08.080 --> 22:09.080]  That's one guy.
[22:09.080 --> 22:11.360]  This is a different firm.
[22:11.360 --> 22:15.080]  Does that make a difference?
[22:15.080 --> 22:20.040]  What makes the difference is who's paying.
[22:20.040 --> 22:27.320]  Is the firm representing the city and the police officers or do the police officers
[22:27.320 --> 22:29.280]  have separate counsel?
[22:29.280 --> 22:33.580]  No, the police officers do not have separate counsel.
[22:33.580 --> 22:39.480]  They are all being represented by the city and the officers are being represented by
[22:39.480 --> 22:41.120]  one firm.
[22:41.120 --> 22:42.480]  Okay.
[22:42.480 --> 22:43.960]  There you have it.
[22:43.960 --> 22:46.040]  There you got it.
[22:46.040 --> 22:53.080]  You want to see the bill, the invoices from the policemen.
[22:53.080 --> 22:57.320]  You want to see all the invoices to this law firm.
[22:57.320 --> 23:08.200]  So you send in the motion to strike and with it you send a petition for discovery to find
[23:08.200 --> 23:13.600]  out who paid them, who paid the firm.
[23:13.600 --> 23:23.400]  Now you may not win this in the trial court, but this is gonna be a holy crap.
[23:23.400 --> 23:32.120]  These policemen may have to dig in their own pockets over something this minor.
[23:32.120 --> 23:35.320]  Every policeman on the force will hit the road.
[23:35.320 --> 23:44.000]  Oh, awesome, Randy, this is amazing, okay, now let me ask you about the county, because
[23:44.000 --> 23:54.160]  the county has hired Monterey County Council to be their attorney.
[23:54.160 --> 23:57.360]  Is that a conflict of interest or?
[23:57.360 --> 23:59.320]  Wait, hired who?
[23:59.320 --> 24:10.120]  So I'm suing the county and the county has hired Monterey County Council to defend them.
[24:10.120 --> 24:14.280]  Is that the same where it's a misappropriation of funds?
[24:14.280 --> 24:21.120]  Wait, I couldn't understand what you said, the county has hired what?
[24:21.120 --> 24:25.000]  So there's two separate firms, right?
[24:25.000 --> 24:28.640]  I'm suing the city and I'm suing the county.
[24:28.640 --> 24:35.720]  I'm suing Monterey County in California and Monterey County has hired Monterey County
[24:35.720 --> 24:40.840]  Council as their attorney.
[24:40.840 --> 24:46.040]  Does that make sense?
[24:46.040 --> 24:49.840]  You understand, I'm not understand, I'm missing something.
[24:49.840 --> 24:52.280]  Your attorney has hired another council?
[24:52.280 --> 24:55.560]  No, no, no, I don't have an attorney.
[24:55.560 --> 25:07.000]  I'm a pro se litigant from hell, okay, so there's two firms and there's one firm that
[25:07.000 --> 25:13.280]  is defending the city and there's a second firm that is defending the county.
[25:13.280 --> 25:17.600]  So I'm battling two separate firms.
[25:17.600 --> 25:20.560]  One of the defendants is the county.
[25:20.560 --> 25:27.680]  The county has hired their county council as their attorney.
[25:27.680 --> 25:33.720]  County council.
[25:33.720 --> 25:38.840]  Is this some public officials?
[25:38.840 --> 25:42.720]  Is this an attorney that normally represents the county?
[25:42.720 --> 25:49.760]  Yeah, it's like county attorney and district attorney kind of people or are you saying
[25:49.760 --> 25:53.760]  they've hired council that is not a public official?
[25:53.760 --> 25:58.760]  No, the name of the firm is Monterey County Council.
[25:58.760 --> 26:00.320]  Oh, okay.
[26:00.320 --> 26:05.400]  Yeah, they can hire attorney outside attorneys if they want to.
[26:05.400 --> 26:06.400]  Okay.
[26:06.400 --> 26:11.580]  You sued the county, the county can hire attorneys to represent them.
[26:11.580 --> 26:14.760]  They could use the county attorney or they can hire a separate firm.
[26:14.760 --> 26:15.760]  That's up to them.
[26:15.760 --> 26:16.760]  Okay, okay.
[26:16.760 --> 26:17.760]  All right.
[26:17.760 --> 26:22.840]  I think that's it, and the city can hire a law firm to represent them.
[26:22.840 --> 26:23.840]  Okay.
[26:23.840 --> 26:29.640]  But if the police officers are sued in their private capacity, the city can't pay for their
[26:29.640 --> 26:30.640]  litigation.
[26:30.640 --> 26:31.640]  Okay.
[26:31.640 --> 26:34.680]  Oh, this is juicy.
[26:34.680 --> 26:41.320]  That's what I found in Texas and I'm relatively certain you'll find the same thing.
[26:41.320 --> 26:44.240]  First look at the Constitution.
[26:44.240 --> 26:47.120]  Okay.
[26:47.120 --> 26:54.880]  And if the Constitution, our Constitution didn't speak to the hiring council.
[26:54.880 --> 27:05.160]  It didn't speak to the attorney general representing the officials sued in their private capacity.
[27:05.160 --> 27:07.440]  Didn't speak to that at all.
[27:07.440 --> 27:16.400]  What it spoke to was after a public official is employed and they have a contract.
[27:16.400 --> 27:22.120]  The legislature is forbidden to grant them any more money.
[27:22.120 --> 27:23.120]  Okay.
[27:23.120 --> 27:25.120]  Nothing, nada.
[27:25.120 --> 27:32.400]  And that's to keep them from buying off the legislature from buying off public officials.
[27:32.400 --> 27:34.400]  Special person, thanks.
[27:34.400 --> 27:35.400]  Okay.
[27:35.400 --> 27:42.040]  And so you want me to file a motion to strike.
[27:42.040 --> 27:55.200]  If you find nothing that authorizes a government attorney to represent a person in their, sued
[27:55.200 --> 27:58.040]  in their private capacity.
[27:58.040 --> 28:08.360]  Now in Texas, if I'm sued in my private capacity, I can go to the court and say, I want you
[28:08.360 --> 28:13.840]  to appoint me a government lawyer.
[28:13.840 --> 28:18.840]  They're gonna tell me the only time I can be appointed a government lawyer is if I've
[28:18.840 --> 28:25.600]  been charged with a crime and I'm indigent.
[28:25.600 --> 28:33.840]  I can't find anything else in law where a private citizen can get in a government lawyer.
[28:33.840 --> 28:35.840]  Right, right.
[28:35.840 --> 28:40.240]  Even that, it's a government paid lawyer.
[28:40.240 --> 28:45.080]  It's just still gonna be some random person that's not a public official.
[28:45.080 --> 28:48.080]  It'll just be, at least the government's paying for it.
[28:48.080 --> 28:49.080]  Yeah.
[28:49.080 --> 28:53.880]  And when you sued them in their personal capacity, they became the random person.
[28:53.880 --> 28:58.400]  Right, okay, okay.
[28:58.400 --> 29:06.360]  Now, the reason I called in, and by the way, I just wanted to give a shout out to the guy
[29:06.360 --> 29:12.720]  that helped me to get the charges dismissed and the warrants recalled, because he has
[29:12.720 --> 29:13.720]  a long time-
[29:13.720 --> 29:16.440]  We were just talking about Bob on the break.
[29:16.440 --> 29:20.520]  Yes, that's right, it was Bob.
[29:20.520 --> 29:24.440]  I just talked to him a few days ago.
[29:24.440 --> 29:29.360]  He's, Bob, if you're listening, call in, will you?
[29:29.360 --> 29:31.400]  He does listen on occasion.
[29:31.400 --> 29:38.520]  But we were talking about, we also have Jerry in Pennsylvania, but Jerry is our guy in Pennsylvania
[29:38.520 --> 29:46.840]  who sued the grass police in the federal court and got him hammered.
[29:46.840 --> 29:50.320]  The judge ruled against him, he appealed it.
[29:50.320 --> 29:56.280]  He said that the grass police committed a criminal trespass.
[29:56.280 --> 29:57.280]  Trespass.
[29:57.280 --> 29:58.280]  Yeah.
[29:58.280 --> 30:01.360]  Hang on, we'll be right back.
[30:01.360 --> 30:05.760]  Everyone knows that walking is great exercise, but you might not know that the way you walk
[30:05.760 --> 30:07.920]  could predict how long you're going to live.
[30:07.920 --> 30:13.120]  I'm Dr. Catherine Albrecht, and I'll be back to tell you more about walking prognostication
[30:13.120 --> 30:14.440]  in just a moment.
[30:14.440 --> 30:16.400]  Privacy is under attack.
[30:16.400 --> 30:20.000]  When you give up data about yourself, you'll never get it back again.
[30:20.000 --> 30:24.760]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:24.760 --> 30:29.800]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:29.800 --> 30:32.520]  Privacy, it's worth hanging on to.
[30:32.520 --> 30:36.800]  This public service announcement is brought to you by StartPage.com, the private search
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[30:40.360 --> 30:43.640]  Start over with StartPage.
[30:43.640 --> 30:48.040]  New research shows how fast you walk could predict how long you're going to live.
[30:48.040 --> 30:52.620]  The Journal of the American Medical Association reports that older adults who walk one meter
[30:52.620 --> 30:55.840]  per second or faster live longer than expected.
[30:55.840 --> 31:00.240]  In case you're wondering, one meter per second is about two and a quarter miles per hour.
[31:00.240 --> 31:04.960]  A senior's age, gender, and walking speed were as good at predicting life expectancy
[31:04.960 --> 31:07.680]  as more traditional statistical measures.
[31:07.680 --> 31:10.600]  Generally speaking, faster walkers live longer.
[31:10.600 --> 31:13.120]  Measuring walking speed is quick and inexpensive.
[31:13.120 --> 31:16.960]  It only takes a stopwatch, some space to walk, and a few minutes.
[31:16.960 --> 31:21.120]  Researchers say it could help doctors identify older patients who need special care.
[31:21.120 --> 31:23.040]  I'm Dr. Catherine Albrecht.
[31:23.040 --> 31:25.680]  More news and information at CatherineAlbrecht.com.
[31:25.680 --> 31:31.520]  I lost my son.
[31:31.520 --> 31:32.520]  My nephew.
[31:32.520 --> 31:33.520]  My uncle.
[31:33.520 --> 31:34.520]  My son.
[31:34.520 --> 31:35.520]  On September 11th, 2001.
[31:35.520 --> 31:38.880]  Most people don't know that a third tower fell on September 11th.
[31:38.880 --> 31:42.960]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[31:42.960 --> 31:48.840]  Although the official explanation is that fire brought down Building 7, over 1,200 architects
[31:48.840 --> 31:52.600]  and engineers have looked into the evidence and believe there is more to the story.
[31:52.600 --> 31:54.080]  Bring justice to my son.
[31:54.080 --> 31:55.080]  My uncle.
[31:55.080 --> 31:56.080]  My nephew.
[31:56.080 --> 31:57.080]  My son.
[31:57.080 --> 31:58.080]  Go to buildingwhat.org.
[31:58.080 --> 31:59.080]  Why it fell.
[31:59.080 --> 32:00.080]  Why it matters.
[32:00.080 --> 32:01.880]  And what you can do.
[32:01.880 --> 32:06.280]  Are you looking to have a closer relationship with God and a better understanding of His
[32:06.280 --> 32:07.280]  Word?
[32:07.280 --> 32:12.400]  Then tune in to logosradionetwork.com on Wednesdays from 8 to 10 p.m. Central Time for Scripture
[32:12.400 --> 32:18.840]  Talk where Nana and her guests discuss the scriptures in accord with 2nd Timothy 2.15.
[32:18.840 --> 32:23.340]  Study to show thyself approved unto God, a workman that needed not to be ashamed, rightly
[32:23.340 --> 32:25.760]  dividing the word of truth.
[32:25.760 --> 32:29.720]  Starting in January, our first hour studies are in the Book of Mark where we'll go verse
[32:29.720 --> 32:33.040]  by verse and discuss the true gospel message.
[32:33.040 --> 32:37.680]  Our second hour topical studies will vary each week with discussions on sound doctrine
[32:37.680 --> 32:40.080]  and Christian character development.
[32:40.080 --> 32:44.600]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[32:44.600 --> 32:48.920]  Our goal is to strengthen our faith and to transform ourselves more into the likeness
[32:48.920 --> 32:51.200]  of our Lord and Savior Jesus.
[32:51.200 --> 32:57.840]  So tune in to Scripture Talk live on logosradionetwork.com Wednesdays from 8 to 10 p.m. to inspire and
[32:57.840 --> 33:06.920]  motivate your studies of the scriptures.
[33:06.920 --> 33:36.840]  Okay, we are back, ready to Kelford, let's hop, we have our radio, we have our radio,
[33:36.840 --> 33:47.560]  on this Friday, the first day of September 2023, and we're talking to Teresa in California.
[33:47.560 --> 33:52.680]  And I tried to get ahold of Bob on the break, but he's not answering his phone, so he's
[33:52.680 --> 33:57.480]  probably not listening so we can talk about him now and he won't know about it.
[33:57.480 --> 34:03.400]  Okay, we had Jerry in Pennsylvania.
[34:03.400 --> 34:15.160]  They came onto his property and photographed his weeds, and he had no trespassing signs.
[34:15.160 --> 34:22.320]  So he charged him with criminal trespass and sued him in the federal court, and they went
[34:22.320 --> 34:28.560]  to the federal court and said, well, we have right to determine if he's violating the law.
[34:28.560 --> 34:31.120]  And the federal court said, yeah, you do, yeah, you do.
[34:31.120 --> 34:38.300]  He appealed it to the court of appeals and they said, no, you don't.
[34:38.300 --> 34:43.440]  You can't pass that no trespassing sign without a warrant.
[34:43.440 --> 34:48.320]  So they reversed and remanded.
[34:48.320 --> 34:58.160]  The federal court of appeals reversed and remanded these guys over grass.
[34:58.160 --> 35:06.120]  I bet he could grow 15-foot marijuana plants on his land after this, and they're not going
[35:06.120 --> 35:08.560]  to say a word.
[35:08.560 --> 35:11.680]  So you and Bob are reminding us of Jerry.
[35:11.680 --> 35:16.720]  Jerry was a hoot like you two are.
[35:16.720 --> 35:21.920]  Okay, so go ahead.
[35:21.920 --> 35:28.120]  I was going to say, I cannot thank you enough for how you've trained Bob.
[35:28.120 --> 35:36.120]  He has just been invaluable in how his mind works, and he was the only one that I brought
[35:36.120 --> 35:39.760]  into court with me last month.
[35:39.760 --> 35:45.040]  And we take their ass, so yeah.
[35:45.040 --> 35:52.120]  That's especially uplifting because, you know, Brett and I can take these guys on and fight
[35:52.120 --> 35:57.200]  them and beat them up all we want to, but we're just two people.
[35:57.200 --> 36:02.360]  If we can get other people doing this, this is why we're here.
[36:02.360 --> 36:03.360]  You have.
[36:03.360 --> 36:04.360]  You have.
[36:04.360 --> 36:07.800]  I talk to Bob every day, he's amazing.
[36:07.800 --> 36:14.360]  I love how his mind works, and he is a huge part of the reason for why I beat the tar
[36:14.360 --> 36:20.160]  out of him in July regarding the charges and the warrants.
[36:20.160 --> 36:26.840]  So I'm not sure if you have anything else you want to say, Randy, but there's a particular
[36:26.840 --> 36:31.520]  question that I want to get to the federal too.
[36:31.520 --> 36:32.520]  Okay.
[36:32.520 --> 36:33.520]  Okay.
[36:33.520 --> 36:42.880]  I've heard that it is very difficult to be able to attach Monell liability to a public
[36:42.880 --> 36:43.880]  entity.
[36:43.880 --> 36:44.880]  Wait a minute.
[36:44.880 --> 36:45.880]  Say that again.
[36:45.880 --> 36:46.880]  Attach a what?
[36:46.880 --> 36:49.920]  Monell liability under the Monell doctrine?
[36:49.920 --> 36:50.920]  Yeah.
[36:50.920 --> 36:57.200]  The Monell versus social security services, I think.
[36:57.200 --> 37:01.160]  This is what we didn't get to.
[37:01.160 --> 37:13.440]  If you sue a state public official in the federal court and accuse the state public
[37:13.440 --> 37:22.000]  official of violating a federally protected constitutional right or a federal law.
[37:22.000 --> 37:29.400]  The state may not immunize that official from that suit because that would interfere with
[37:29.400 --> 37:36.280]  the supremacy doctrine, with the supremacy clause of the constitution.
[37:36.280 --> 37:43.200]  The Young Doctrine, Ex Parte Young 203 US 123.
[37:43.200 --> 37:44.200]  Is that right, Brett?
[37:44.200 --> 37:45.200]  Yeah.
[37:45.200 --> 37:46.200]  I don't remember.
[37:46.200 --> 37:51.080]  It's in 1908, but that's a different layer.
[37:51.080 --> 37:53.640]  She's talking about Monell and there's two different-
[37:53.640 --> 37:57.080]  Monell just goes to policy.
[37:57.080 --> 37:58.080]  Layers here.
[37:58.080 --> 37:59.080]  Okay.
[37:59.080 --> 38:00.080]  Go ahead.
[38:00.080 --> 38:01.080]  Right.
[38:01.080 --> 38:09.680]  As you heard, it's very difficult to be able to attach Monell liability to the public entities.
[38:09.680 --> 38:15.040]  And specifically, I think the city is gonna be a lot easier for me to do that.
[38:15.040 --> 38:16.040]  But as far as-
[38:16.040 --> 38:17.040]  Okay.
[38:17.040 --> 38:29.440]  Well, here's how I did it, is I accused the public officials of the, wait a minute.
[38:29.440 --> 38:30.440]  Hold on.
[38:30.440 --> 38:31.440]  Okay.
[38:31.440 --> 38:38.280]  I didn't address the public entity at all.
[38:38.280 --> 38:40.800]  They're gonna claim immunity.
[38:40.800 --> 38:41.800]  Right.
[38:41.800 --> 38:43.800]  Who cares?
[38:43.800 --> 38:44.800]  Yeah.
[38:44.800 --> 38:51.400]  Well, that is part of the county's motion to dismiss.
[38:51.400 --> 38:52.400]  Okay.
[38:52.400 --> 38:53.400]  Hasn't-
[38:53.400 --> 38:54.400]  Okay.
[38:54.400 --> 38:58.240]  Who cares if they throw out the city?
[38:58.240 --> 39:10.800]  Okay, there's probably a rule of law, a precedent you don't know about.
[39:10.800 --> 39:14.520]  In New York City, there was a 17-story building.
[39:14.520 --> 39:17.080]  Guy had a restaurant in the basement.
[39:17.080 --> 39:24.000]  It's Saturday night, the stove went out in his kitchen.
[39:24.000 --> 39:29.720]  He couldn't find a plumber, but his brother-in-law was a plumber, but he wasn't a master plumber.
[39:29.720 --> 39:36.040]  He was just a journeyman, and he couldn't pull a permit.
[39:36.040 --> 39:42.040]  But it's Sunday night, I mean, it's Saturday night, and he calls in his brother-in-law.
[39:42.040 --> 39:44.240]  The brother-in-law fixes the furnace.
[39:44.240 --> 39:50.720]  They call the city to get them to inspect it, and they call the gas company to get them
[39:50.720 --> 39:51.720]  to inspect it.
[39:51.720 --> 39:53.920]  Both of them approved it.
[39:53.920 --> 39:57.240]  Monday morning, the whole place blew up.
[39:57.240 --> 40:02.480]  The building burnt down, so the property owner lost everything.
[40:02.480 --> 40:06.640]  The restaurant burned, so they lost everything, and the plumber didn't have anything to start
[40:06.640 --> 40:07.640]  with.
[40:07.640 --> 40:16.300]  The city and the gas company was named 1% responsible, but since they had the money,
[40:16.300 --> 40:19.020]  they had to pay the whole bill.
[40:19.020 --> 40:21.400]  This is how it works.
[40:21.400 --> 40:29.480]  When you have a set of litigants, whoever got the money pays.
[40:29.480 --> 40:32.900]  That's why lawyers always look for a set of deep pockets.
[40:32.900 --> 40:38.400]  They don't care how involved they are, only that they are involved.
[40:38.400 --> 40:43.280]  And they can get their money from the deep pockets, and it's up to the deep pockets to
[40:43.280 --> 40:46.680]  get their money from the other litigants.
[40:46.680 --> 40:54.320]  So you don't care about who's in the suit and who's not.
[40:54.320 --> 41:05.600]  Okay, well, what I've been told is it's very hard to prove that because what I'm focusing
[41:05.600 --> 41:14.680]  on is that Monterey County, like your suit and everywhere in the country, they have nothing
[41:14.680 --> 41:21.720]  in their booking procedures or their intake screening regarding ensuring that someone
[41:21.720 --> 41:26.640]  has had their Fifth Amendment right to do process exercise, and that they've been brought
[41:26.640 --> 41:27.640]  to the magistrate.
[41:27.640 --> 41:29.640]  So that's really the reason.
[41:29.640 --> 41:38.840]  Well, with Manil, you don't have to demonstrate that the official policy is documented.
[41:38.840 --> 41:46.040]  You just have to demonstrate that it is their policy or custom, either written or de facto.
[41:46.040 --> 41:52.040]  If you can demonstrate that this is their pattern, this is the way they do things, it
[41:52.040 --> 41:55.080]  doesn't have to be written in print.
[41:55.080 --> 41:57.320]  It can just be demonstrable.
[41:57.320 --> 42:03.000]  Okay, this is exactly how I went after Texas.
[42:03.000 --> 42:08.960]  I went after public officials in Texas.
[42:08.960 --> 42:14.400]  I accused the Office of Court Administration.
[42:14.400 --> 42:25.000]  They were required by the Texas Code of Criminal Procedure 17.020 to develop curriculum for
[42:25.000 --> 42:30.360]  the training of magistrates in the setting of bail and other duties.
[42:30.360 --> 42:38.120]  And they were required to act in consultation with the Texas Court of Criminal Appeals.
[42:38.120 --> 42:44.920]  So what I claimed was that instead of developing curriculum in the setting of bail and other
[42:44.920 --> 42:52.840]  duties, that the Texas Court of Criminal Appeals, the Office of Court Administration, the Texas
[42:52.840 --> 43:01.000]  State University, and several other agencies who trained public officials, conspired one
[43:01.000 --> 43:07.440]  with the other in an ongoing criminal enterprise to deny the citizens of Texas in the due course
[43:07.440 --> 43:17.120]  of the laws, because the procedures practiced by public officials were in clear and direct
[43:17.120 --> 43:20.360]  violation of law.
[43:20.360 --> 43:30.040]  Every single county in Texas uses procedures that violate the Texas Constitution, the federal
[43:30.040 --> 43:36.200]  Constitution, laws of the state of Texas, and laws of the United States.
[43:36.200 --> 43:43.440]  And they all do it exactly the same way.
[43:43.440 --> 43:46.200]  So how can that happen?
[43:46.200 --> 43:48.120]  That had to be an ongoing conspiracy.
[43:48.120 --> 43:55.040]  Now that conspiracy is not written down anywhere, but we can imply it by the actions of the
[43:55.040 --> 43:56.040]  parties.
[43:56.040 --> 44:00.640]  Randy Kelton found the rules of our radio.
[44:00.640 --> 44:06.640]  Through advances in technology our lives have greatly improved, except in the area of nutrition.
[44:06.640 --> 44:11.400]  People feed their pets better than they feed themselves, and it's time we changed all that.
[44:11.400 --> 44:17.080]  Our primary defense against aging and disease in this toxic environment is good nutrition.
[44:17.080 --> 44:23.440]  In a world where natural foods have been irradiated, adulterated, and mutilated, young Jevity can
[44:23.440 --> 44:25.720]  provide the nutrients you need.
[44:25.720 --> 44:30.720]  Logos Radio Network gets many requests to endorse all sorts of products, most of which
[44:30.720 --> 44:31.720]  we reject.
[44:31.720 --> 44:36.920]  We have come to trust young Jevity so much, we became a marketing distributor along with
[44:36.920 --> 44:39.760]  Alex Jones, Ben Fuchs, and many others.
[44:39.760 --> 44:46.040]  When you order from logosradionetwork.com, your health will improve as you help support
[44:46.040 --> 44:47.660]  quality radio.
[44:47.660 --> 44:52.000]  As you realize the benefits of young Jevity, you may want to join us.
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[44:59.280 --> 45:04.320]  Are you the plaintiff or defendant in a lawsuit?
[45:04.320 --> 45:11.080]  Win your case without an attorney with Jurisdictionary, the affordable, easy to understand, 4-CD course
[45:11.080 --> 45:14.800]  that will show you how in 24 hours, step by step.
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[45:49.720 --> 45:52.520]  pro se tactics, and much more.
[45:52.520 --> 46:20.880]  Please visit RuleOfLawRadio.com and click on the banner or call toll-free, 866-LAW-EZ.
[46:23.520 --> 46:29.520]  Always, I must be careful what I'm wishing for.
[46:29.520 --> 46:34.520]  When I'm hungry, I like to know just what I'm fishing for.
[46:34.520 --> 46:40.520]  I ain't asking for much, I ain't trying to be no glutton.
[46:40.520 --> 46:46.520]  I'm just here making my living pushing buttons.
[46:46.520 --> 46:52.520]  I give my message out to anyone in shouting distance.
[46:52.520 --> 46:58.520]  I vote for bravery and against slavery, showing resistance.
[46:58.520 --> 47:03.520]  First I'm crawling, then I'm walking, then I start strutting.
[47:03.520 --> 47:17.520]  I'm just so glad to make my living pushing buttons.
[47:34.520 --> 47:37.520]  I need to go through.
[47:37.520 --> 47:42.520]  I remember seeing something in Monell, and I was trying to find it on the break, where
[47:42.520 --> 47:54.520]  it says without being expressly stated that policy can be implied by practice, but I couldn't
[47:54.520 --> 47:55.520]  find it.
[47:55.520 --> 48:06.520]  So what I accused these officials of, I accused them of doing it because they're the ones
[48:06.520 --> 48:09.520]  required to train.
[48:09.520 --> 48:17.520]  Everybody's doing it wrong, but everybody's doing it wrong exactly the same way.
[48:17.520 --> 48:25.520]  So the fact that everybody's doing it wrong exactly the same way implies policy.
[48:25.520 --> 48:32.520]  And we have 254 sheriffs in county, in the county sheriffs in the state, and they're
[48:32.520 --> 48:37.520]  all directing their officers to do things the exact same way.
[48:37.520 --> 48:41.520]  And it's illegal, it's improper.
[48:41.520 --> 48:48.520]  But you can't say that the thousands of sheriff's deputies in the state of Texas all decided
[48:48.520 --> 48:53.520]  by themselves on their own to arrest people and take them to jail instead of take them
[48:53.520 --> 48:54.520]  to a magistrate.
[48:54.520 --> 48:58.520]  Yeah, that would be unreasonable to assume that it went that way.
[48:58.520 --> 49:07.520]  Yeah, so somehow this had to happen, and I'm claiming that it was established as policy
[49:07.520 --> 49:11.520]  by training.
[49:11.520 --> 49:20.520]  In your case, what these policemen did to you, is it different than what other policemen
[49:20.520 --> 49:26.520]  in the municipality do to other people?
[49:26.520 --> 49:37.520]  Okay, so can I, I mean, I know that, but am I only alleging that by claiming that in the
[49:37.520 --> 49:38.520]  response?
[49:38.520 --> 49:42.520]  Don't I have to have proof?
[49:42.520 --> 49:45.520]  If you don't know, then you can get discovery.
[49:45.520 --> 49:48.520]  Well, I believe-
[49:48.520 --> 49:51.520]  You don't have to prove it up in your complaint.
[49:51.520 --> 49:53.520]  You just alleged it.
[49:53.520 --> 49:59.520]  You just have to, but you have to allege it with specificity.
[49:59.520 --> 50:02.520]  Okay, so I-
[50:02.520 --> 50:08.520]  You alleged they did this thing to me, but what they did to me, they did to this other
[50:08.520 --> 50:12.520]  person and this other person, they do this to everybody.
[50:12.520 --> 50:20.520]  So, since all the policemen do this to everybody, that implies policy, unless the court would
[50:20.520 --> 50:28.520]  somehow construe that all of these policemen decided to violate law all on their own, and
[50:28.520 --> 50:34.520]  that the city, for some reason, never corrected them.
[50:34.520 --> 50:35.520]  Okay.
[50:35.520 --> 50:43.520]  If the city allowed this continuing behavior, then it is implied policy.
[50:43.520 --> 50:46.520]  It is an implied policy, okay?
[50:46.520 --> 50:47.520]  Yeah.
[50:47.520 --> 50:53.520]  And what you're claiming here, if it's illegal policy, then it's a conspiracy.
[50:53.520 --> 50:58.520]  Yeah, cuz it's a pattern, a policy, and a custom.
[50:58.520 --> 51:05.520]  And conspiracy is the one thing you don't have to conclusively prove.
[51:05.520 --> 51:09.520]  It can be implied from the facts.
[51:09.520 --> 51:13.520]  Now, that's criminal, though, isn't it?
[51:13.520 --> 51:16.520]  I mean, wouldn't I have to file a criminal complaint?
[51:16.520 --> 51:23.520]  No, I sued these guys and accused them of conspiring one with the other to deny due
[51:23.520 --> 51:29.520]  process, and I sued them civilly.
[51:29.520 --> 51:35.520]  I don't have to prove conclusively that they conspired.
[51:35.520 --> 51:42.520]  It can be determined from the facts.
[51:42.520 --> 51:52.520]  254 sheriffs are all doing it wrong, and all doing it wrong in exactly the same way.
[51:52.520 --> 51:54.520]  That implies policy.
[51:54.520 --> 51:59.520]  That implies they all conspired one with the other to do it the same.
[51:59.520 --> 52:00.520]  It's amazing.
[52:00.520 --> 52:01.520]  It's amazing.
[52:01.520 --> 52:03.520]  I'm so glad I called in.
[52:03.520 --> 52:06.520]  I had not thought of this.
[52:06.520 --> 52:07.520]  Yeah.
[52:07.520 --> 52:17.520]  Because it's been conveyed through Bob, and I'm pretty new to this.
[52:17.520 --> 52:22.520]  I've only been studying it for three years, and it took a while for me to understand that
[52:22.520 --> 52:24.520]  they cannot take you to jail.
[52:24.520 --> 52:28.520]  They have to take you to the magistrate.
[52:28.520 --> 52:34.520]  Just as a point of interest, they got 24 hours in California.
[52:34.520 --> 52:44.520]  Because in my pleadings, I use a federal case, City of Riverside v. McLaughlin, City of Riverside,
[52:44.520 --> 52:46.520]  California v. McLaughlin.
[52:46.520 --> 52:52.520]  That is the seminal case that establishes they must take you to a magistrate within
[52:52.520 --> 52:53.520]  24 hours.
[52:53.520 --> 53:00.520]  But it also goes on to say that 24 hours is not a set time limit.
[53:00.520 --> 53:09.520]  That they cannot delay at all unless they can show, what's the term, that they have
[53:09.520 --> 53:11.520]  exercised due diligence.
[53:11.520 --> 53:13.520]  Reasonable prudence.
[53:13.520 --> 53:20.520]  Due diligence was the term I'm looking for, and I think that comes out of Roberts v. Bohack.
[53:20.520 --> 53:31.520]  An officer's only defense against an allegation of failure to take before a magistrate is
[53:31.520 --> 53:38.520]  a showing of due diligence in effort to locate, failure to timely take before a magistrate
[53:38.520 --> 53:42.520]  is a showing of due diligence in effort to locate a magistrate.
[53:42.520 --> 53:46.520]  That there is no set time.
[53:46.520 --> 53:49.520]  They must take you directly to the nearest magistrate.
[53:49.520 --> 53:59.520]  But if they take you within 24 hours, the taking is construed to be timely if they can
[53:59.520 --> 54:01.520]  show cause for it.
[54:01.520 --> 54:06.520]  So, that time limit only goes to prima facie.
[54:06.520 --> 54:11.520]  It's prima facie evidence that the taking was timely.
[54:11.520 --> 54:18.520]  You have to show that there was a magistrate who would have held a preliminary hearing
[54:18.520 --> 54:20.520]  had they contacted him.
[54:20.520 --> 54:22.520]  So, it's just a presumption.
[54:22.520 --> 54:28.520]  It would need to be disproven on either side, but if it's 24 hours or less, then it's
[54:28.520 --> 54:30.520]  presumed to be that was good.
[54:30.520 --> 54:36.520]  And if it's more than 24 hours, well, then the presumption is that wasn't any good.
[54:36.520 --> 54:44.520]  The thing they're going to say first is we have 24 hours or we have 48 hours.
[54:44.520 --> 54:48.520]  And you say no, you don't have any hours.
[54:48.520 --> 54:55.520]  The way you want to get to this is you put in an information request to the police department
[54:55.520 --> 54:59.520]  for a list of all the magistrates in the county.
[54:59.520 --> 55:06.520]  I've already done that and I did it to the court and they refused to answer.
[55:06.520 --> 55:07.520]  Good, perfect.
[55:07.520 --> 55:16.520]  In California, we have Penal Code 810A, which states that one of the presiding judge of
[55:16.520 --> 55:23.520]  every county must ensure that there is at least one magistrate judge on duty at all
[55:23.520 --> 55:27.520]  times that the court is not in session.
[55:27.520 --> 55:32.520]  So, we're supposed to have magistrate judges on duty at all times.
[55:32.520 --> 55:41.520]  So, the only claim they can make is fire, flood, national disaster, rioting.
[55:41.520 --> 55:44.520]  They must establish some cause.
[55:44.520 --> 55:45.520]  Right.
[55:45.520 --> 55:52.520]  And then Penal Code 810B says that the officer in charge of the jail must get the defendant
[55:52.520 --> 55:56.520]  in touch with the magistrate on duty as soon as possible.
[55:56.520 --> 56:03.520]  I think that's what it says, as soon as possible, or the defendant's attorney and they don't
[56:03.520 --> 56:04.520]  do that either.
[56:04.520 --> 56:11.520]  And the second time that I was arrested, the police officer drove right past the exit for
[56:11.520 --> 56:15.520]  the courthouse, even though the court was in session.
[56:15.520 --> 56:18.520]  Perfect, perfect.
[56:18.520 --> 56:25.520]  Okay, don't expect to win this in the trial court at the end of the day.
[56:25.520 --> 56:29.520]  Trial court, you mean lower court or you mean the federal court?
[56:29.520 --> 56:31.520]  The federal court.
[56:31.520 --> 56:32.520]  Okay.
[56:32.520 --> 56:39.520]  The way you win this is you bring them to the table, get in their pockets, cost them
[56:39.520 --> 56:40.520]  money.
[56:40.520 --> 56:43.520]  What does that mean, bring them to the table?
[56:43.520 --> 56:46.520]  How much did you sue them for?
[56:46.520 --> 56:51.520]  I don't wanna say online, but I mean-
[56:51.520 --> 56:52.520]  Under 100 million?
[56:52.520 --> 56:54.520]  Under 100 million, yes.
[56:54.520 --> 56:59.520]  Okay, here's the deal.
[56:59.520 --> 57:08.920]  How many people do they arrest and take directly to jail annually?
[57:08.920 --> 57:17.520]  And how long do they hold those people on the average before getting them before a magistrate?
[57:17.520 --> 57:24.520]  Okay, should we make that one- And how much does it cost per day to house
[57:24.520 --> 57:26.520]  a prisoner?
[57:26.520 --> 57:39.520]  Okay, in Texas, the Office of Court Administration says that there are approximately 686,000
[57:39.520 --> 57:47.520]  people in jail who couldn't make bail.
[57:47.520 --> 57:50.520]  That's embarrassing.
[57:50.520 --> 58:10.520]  And of those, I'm sorry, there are 686,000 in county jails and 85% of those are there
[58:10.520 --> 58:12.520]  on pretrial detention.
[58:12.520 --> 58:19.520]  And it costs $59 a day, I ran the math, that's 11.9 billion a year for people who couldn't
[58:19.520 --> 58:23.520]  make bail.
[58:23.520 --> 58:28.520]  And they're only there because they weren't given a speedy trial.
[58:28.520 --> 58:35.520]  How many people are they arresting, holding overnight before taking to the magistrate?
[58:35.520 --> 58:38.520]  How much does it cost to do that?
[58:38.520 --> 58:41.520]  By how many people do they do it to?
[58:41.520 --> 58:43.520]  That's how much you sue them for in triplicate.
[58:43.520 --> 58:49.520]  Hang on, Randy Kelton, Brett Fountain, we'll be right back.
[58:49.520 --> 58:54.520]  Would you like to make more definite progress in your walk with God?
[58:54.520 --> 58:59.520]  Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.520 --> 59:00.520]  can really help.
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[59:05.520 --> 59:06.520]  today.
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[59:32.520 --> 59:39.520]  Life, call Bibles for America toll free at 888-551-0102.
[59:39.520 --> 59:48.520]  That's 888-551-0102 or visit us online at bfa.org.
[59:48.520 --> 59:57.520]  You're listening to the Logos Radio Network at logosradionetwork.com.
[59:57.520 --> 01:00:05.520]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:00:05.520 --> 01:00:09.520]  They guarantee the specific freedoms Americans should know and protect.
[01:00:09.520 --> 01:00:10.520]  Our liberty depends on it.
[01:00:10.520 --> 01:00:14.520]  I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember
[01:00:14.520 --> 01:00:16.520]  one of your constitutional rights.
[01:00:16.520 --> 01:00:18.520]  Privacy is under attack.
[01:00:18.520 --> 01:00:22.520]  When you give up data about yourself, you'll never get it back again.
[01:00:22.520 --> 01:00:27.520]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:00:27.520 --> 01:00:28.520]  So protect your rights.
[01:00:28.520 --> 01:00:32.520]  Say no to surveillance and keep your information to yourself.
[01:00:32.520 --> 01:00:34.520]  Privacy, it's worth hanging on to.
[01:00:34.520 --> 01:00:42.520]  This public service announcement is brought to you by Startpage.com, the private search engine alternative to Google, Yahoo, and Bing.
[01:00:42.520 --> 01:00:45.520]  Start over with Startpage.
[01:00:45.520 --> 01:00:48.520]  Imagine your mom and dad are getting ready for bed.
[01:00:48.520 --> 01:00:51.520]  They pull back the covers and find a third party there.
[01:00:51.520 --> 01:00:54.520]  He announces, I'm with the military and I'm sleeping here tonight.
[01:00:54.520 --> 01:01:00.520]  That shocking image of a third party in my parents' bed reminds me what the Third Amendment was designed to prevent.
[01:01:00.520 --> 01:01:06.520]  It protects us from being forced to share our homes with soldiers, a common demand in the days of our founding fathers.
[01:01:06.520 --> 01:01:09.520]  Third party, Third Amendment, get it?
[01:01:09.520 --> 01:01:17.520]  So if you answer a knock at your door and guys in fatigues demand lodging, tell them to dust off their copy of the Bill of Rights and reread the Third Amendment.
[01:01:17.520 --> 01:01:31.520]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:01:31.520 --> 01:01:35.520]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:01:35.520 --> 01:01:38.520]  They guarantee the specific freedoms Americans should know and protect.
[01:01:38.520 --> 01:01:40.520]  Our liberty depends on it.
[01:01:40.520 --> 01:01:46.520]  I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember one of your constitutional rights.
[01:01:46.520 --> 01:01:48.520]  Privacy is under attack.
[01:01:48.520 --> 01:01:52.520]  When you give up data about yourself, you'll never get it back again.
[01:01:52.520 --> 01:01:56.520]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:01:56.520 --> 01:01:58.520]  So protect your rights.
[01:01:58.520 --> 01:02:02.520]  Say no to surveillance and keep your information to yourself.
[01:02:02.520 --> 01:02:04.520]  Privacy, it's worth hanging on to.
[01:02:04.520 --> 01:02:12.520]  This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo and Bing.
[01:02:12.520 --> 01:02:15.520]  Start over with StartPage.
[01:02:15.520 --> 01:02:21.520]  Imagine four eyes staring at you through binoculars, a magnifying glass or a pair of x-ray goggles.
[01:02:21.520 --> 01:02:27.520]  That imagery reminds me that the Fourth Amendment guarantees Americans freedom from unreasonable search and seizure.
[01:02:27.520 --> 01:02:30.520]  Fourth Amendment? Four eyes staring at you? Get it?
[01:02:30.520 --> 01:02:34.520]  Unfortunately, the government is trampling our Fourth Amendment rights in the name of security.
[01:02:34.520 --> 01:02:39.520]  Case in point, TSA airport scanners that peer under your clothing.
[01:02:39.520 --> 01:02:46.520]  When government employees demand a peep at your privates without probable cause, I say it's time to sound the constitutional alarm bells.
[01:02:46.520 --> 01:02:53.520]  Join me in asking our representatives to dust off the Bill of Rights and use their googly eyes to take a gander at the Fourth.
[01:02:53.520 --> 01:03:10.520]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:03:23.520 --> 01:03:33.520]  I will lie by my father's house till he returns.
[01:03:33.520 --> 01:03:38.520]  He has loved me with his strength and wisdom.
[01:03:38.520 --> 01:03:55.520]  I will lie by my father's house till I see his face.
[01:03:55.520 --> 01:04:06.520]  I will guard these walls and fences till he comes to take his place.
[01:04:06.520 --> 01:04:09.520]  Make a tiffin at the night so the father enter.
[01:04:09.520 --> 01:04:12.520]  Cheat all the parasites from around ya.
[01:04:12.520 --> 01:04:14.520]  Tee feebler and easy murderer.
[01:04:14.520 --> 01:04:17.520]  Cheat them up in the house because they cannot enter.
[01:04:17.520 --> 01:04:20.520]  Curing murder, clean signs only.
[01:04:20.520 --> 01:04:23.520]  Only them could enter in God's house, you see.
[01:04:23.520 --> 01:04:25.520]  See if you soul surrender quickly.
[01:04:25.520 --> 01:04:28.520]  That's what you're doing now we have the house, you see.
[01:04:28.520 --> 01:04:39.520]  I will lie by my father's house. I won't allow the wicked.
[01:04:39.520 --> 01:04:43.520]  To guard and keep me sleeping still and true.
[01:04:43.520 --> 01:04:50.520]  I will lie so long within. I will lie by my father's house.
[01:04:50.520 --> 01:04:53.520]  There are those in this world who would harm us.
[01:04:53.520 --> 01:05:00.520]  We're back and Grant told me that it was the top of the hour.
[01:05:00.520 --> 01:05:03.520]  And that it was September 1st.
[01:05:03.520 --> 01:05:07.520]  But he didn't tell me the year.
[01:05:07.520 --> 01:05:10.520]  Well would you believe me if I did tell you the year?
[01:05:10.520 --> 01:05:15.520]  No, 2023. He always tries to screw me up.
[01:05:15.520 --> 01:05:18.520]  Because he knows I'm old and decrepit.
[01:05:18.520 --> 01:05:23.520]  Okay, we are back and had fun on the break.
[01:05:23.520 --> 01:05:26.520]  Before we get started, Mary.
[01:05:26.520 --> 01:05:28.520]  Theresa, I keep looking at you.
[01:05:28.520 --> 01:05:31.520]  I see you on my color screen and it shows Mary.
[01:05:31.520 --> 01:05:34.520]  Okay, let me read you this from Monell.
[01:05:34.520 --> 01:05:39.520]  Our analysis of the legislative history of the Civil Rights Act of 1871
[01:05:39.520 --> 01:05:44.520]  compels the conclusion that Congress did not intend municipalities
[01:05:44.520 --> 01:05:50.520]  or other local government units to be included among those persons.
[01:05:50.520 --> 01:05:53.520]  I'm sorry, did I make sure I read that right?
[01:05:53.520 --> 01:06:00.520]  Congress did intend municipalities and other local government units
[01:06:00.520 --> 01:06:06.520]  to be included among those persons to whom 1983 applies.
[01:06:06.520 --> 01:06:13.520]  Local governing bodies therefore can be sued directly under 1983
[01:06:13.520 --> 01:06:18.520]  for monetary, declaratory or other injunctive relief
[01:06:18.520 --> 01:06:23.520]  whereas here the action that is alleged to be unconstitutional
[01:06:23.520 --> 01:06:28.520]  implements or executes a policy statement, ordinance, regulation
[01:06:28.520 --> 01:06:33.520]  or decision officially adopted or promulgated by the body's officers.
[01:06:33.520 --> 01:06:39.520]  The reason I read that and want to make a point.
[01:06:39.520 --> 01:06:50.520]  Governmental units like county governments and municipalities
[01:06:50.520 --> 01:06:53.520]  are municipal corporations.
[01:06:53.520 --> 01:06:58.520]  They do not enjoy the immunity of the sovereign.
[01:06:58.520 --> 01:07:01.520]  The state is the sovereign.
[01:07:01.520 --> 01:07:08.520]  They're the only ones that can't be sued in the federal court.
[01:07:08.520 --> 01:07:13.520]  Municipalities and counties, they do not fall under.
[01:07:13.520 --> 01:07:19.520]  They fall under the young doctrine.
[01:07:19.520 --> 01:07:21.520]  They have no immunity.
[01:07:21.520 --> 01:07:26.520]  And there was another one down here, I lost the place,
[01:07:26.520 --> 01:07:30.520]  about policy, about practice.
[01:07:30.520 --> 01:07:36.520]  Practice becomes so pervasive it takes on the appearance of law
[01:07:36.520 --> 01:07:41.520]  but can never take on the effect of law.
[01:07:41.520 --> 01:07:46.520]  That's either in Monell or it's in Robertsby, Vohack.
[01:07:46.520 --> 01:07:48.520]  Anyway, I just wanted to get those out there.
[01:07:48.520 --> 01:07:50.520]  Okay, where were we, Teresa?
[01:07:50.520 --> 01:07:52.520]  Okay, I'm sorry, hold on, Randy.
[01:07:52.520 --> 01:07:56.520]  What did you call that, Robertsby, Lovak?
[01:07:56.520 --> 01:08:00.520]  Vohack, B-O-H-A-C-K, I think.
[01:08:00.520 --> 01:08:04.520]  Okay, if I can read to you guys what they wrote me
[01:08:04.520 --> 01:08:11.520]  about why they don't think that they're responsible for Monell.
[01:08:11.520 --> 01:08:15.520]  In order to be subject to a suit under Section 1983,
[01:08:15.520 --> 01:08:19.520]  the defendant must be a person acting under color of law.
[01:08:19.520 --> 01:08:24.520]  However, municipalities and local governments are not vicariously liable
[01:08:24.520 --> 01:08:28.520]  for the conduct of their employees under Section 1983,
[01:08:28.520 --> 01:08:32.520]  but rather are solely responsible for their illegal acts.
[01:08:32.520 --> 01:08:34.520]  Connick v. Thompson.
[01:08:34.520 --> 01:08:38.520]  In other words, the county is subject to liability under 1983,
[01:08:38.520 --> 01:08:42.520]  only where it caused a constitutional violation
[01:08:42.520 --> 01:08:46.520]  through, quote, execution of a government's policy or custom,
[01:08:46.520 --> 01:08:50.520]  whether by its lawmakers or by those whose edicts or acts
[01:08:50.520 --> 01:08:55.520]  may fairly be said to represent official policy, end quote, Monell supra.
[01:08:55.520 --> 01:09:02.520]  Further, negligent policy does not violate the Constitution, quote,
[01:09:02.520 --> 01:09:07.520]  because Monell held that a local government is not liable under 1983
[01:09:07.520 --> 01:09:11.520]  on the basis of the doctrine of respondeat superior,
[01:09:11.520 --> 01:09:15.520]  the plaintiff must show the municipality's deliberate indifference
[01:09:15.520 --> 01:09:19.520]  led to its omission and that the omission caused the employee
[01:09:19.520 --> 01:09:22.520]  to commit the constitutional violation.
[01:09:22.520 --> 01:09:28.520]  The plaintiff must show that the municipality was an actual or constructive notice
[01:09:28.520 --> 01:09:33.520]  that its omission would likely result in a constitutional violation.
[01:09:33.520 --> 01:09:37.520]  Here, plaintiff fails to offer more than the formulae recitation
[01:09:37.520 --> 01:09:41.520]  of the elements of a cause of action against the county under Monell,
[01:09:41.520 --> 01:09:46.520]  much less alleged details of any county policy or practice
[01:09:46.520 --> 01:09:51.520]  that plausibly violated her constitutional rights or caused her alleged harms.
[01:09:51.520 --> 01:09:55.520]  Accordingly, plaintiff's claims against the county should be dismissed
[01:09:55.520 --> 01:10:00.520]  pursuant to 12b6, and then they go into my claims.
[01:10:00.520 --> 01:10:05.520]  Okay, the key words in there were custom and usage.
[01:10:05.520 --> 01:10:07.520]  This is Monell.
[01:10:07.520 --> 01:10:12.520]  Our analysis of the Legislative History of the Civil Rights Act
[01:10:12.520 --> 01:10:17.520]  compels the conclusion that Congress did intend municipality.
[01:10:17.520 --> 01:10:19.520]  That's the part I read earlier.
[01:10:19.520 --> 01:10:21.520]  Let me go on down a little bit.
[01:10:21.520 --> 01:10:26.520]  Congress included customs and usages
[01:10:26.520 --> 01:10:33.520]  because of the persistent and widespread discriminatory practices of state officials.
[01:10:33.520 --> 01:10:36.520]  Although not authorized by written law,
[01:10:36.520 --> 01:10:42.520]  such practices of state officials could well be so permanent
[01:10:42.520 --> 01:10:49.520]  and well settled as to constitute a custom or usage with force of law.
[01:10:49.520 --> 01:10:54.520]  This is what you claim against the city, that the policemen,
[01:10:54.520 --> 01:11:01.520]  their practice was a custom in usage,
[01:11:01.520 --> 01:11:06.520]  accepted and actually trained by the city.
[01:11:06.520 --> 01:11:08.520]  Okay, let me back up.
[01:11:08.520 --> 01:11:12.520]  Assuming you're alleging that you were arrested and taken to jail
[01:11:12.520 --> 01:11:16.520]  instead of directly to a magistrate, is that correct?
[01:11:16.520 --> 01:11:18.520]  Yes, twice, yes.
[01:11:18.520 --> 01:11:24.520]  Can you show that every person who's arrested
[01:11:24.520 --> 01:11:29.520]  is taken directly to jail instead of to a magistrate?
[01:11:29.520 --> 01:11:32.520]  That's the million dollar question.
[01:11:32.520 --> 01:11:39.520]  That's what was rolling through my head as I was talking with you guys.
[01:11:39.520 --> 01:11:45.520]  How do I prove that they do that to everybody if I know they do that?
[01:11:45.520 --> 01:11:47.520]  How do I prove that?
[01:11:47.520 --> 01:11:57.520]  Okay, go down and pull criminal records, arrest records for a time period.
[01:11:57.520 --> 01:11:59.520]  Yeah, open records requests.
[01:11:59.520 --> 01:12:06.520]  Then look at the statement of the officer of the time of arrest.
[01:12:06.520 --> 01:12:10.520]  Then look at the time bail was set.
[01:12:10.520 --> 01:12:12.520]  There'll be a bail form in there.
[01:12:12.520 --> 01:12:14.520]  Look at the time bail was set.
[01:12:14.520 --> 01:12:16.520]  Okay.
[01:12:16.520 --> 01:12:18.520]  And what you will find,
[01:12:18.520 --> 01:12:22.520]  bail is always set at approximately the same time of day,
[01:12:22.520 --> 01:12:26.520]  maybe three times a day.
[01:12:26.520 --> 01:12:33.520]  They may do hearings in the morning or the evening.
[01:12:33.520 --> 01:12:37.520]  Sometimes they do both depending on how many people they're arresting.
[01:12:37.520 --> 01:12:45.520]  But look through the bail forms and you'll see a number of people with the same time.
[01:12:45.520 --> 01:12:49.520]  You want to pull a bunch of records and sort them by date.
[01:12:49.520 --> 01:12:56.520]  Okay, so you're saying I need to go down to the courthouse and pull these records.
[01:12:56.520 --> 01:12:59.520]  Yeah, look at the times.
[01:12:59.520 --> 01:13:02.520]  Okay, okay.
[01:13:02.520 --> 01:13:13.520]  If you don't find any with, say they're arrested at 1 o'clock and they're brought before a magistrate at 1.30.
[01:13:13.520 --> 01:13:23.520]  If you don't find those, you find them arrested at 1 o'clock and they're brought before a magistrate at 9 o'clock the next morning.
[01:13:23.520 --> 01:13:26.520]  How does that happen, Baba?
[01:13:26.520 --> 01:13:32.520]  And if you find it repeated, you only need four or five of these to establish a pattern.
[01:13:32.520 --> 01:13:40.520]  So am I going to be able to do that now, even though I submitted the amended complaint in February?
[01:13:40.520 --> 01:13:44.520]  Yeah, what did you claim in the complaint?
[01:13:44.520 --> 01:13:56.520]  I claimed that they have a custom usage or practice of not ensuring that every prisoner's Fifth Amendment right to due process has been exercised.
[01:13:56.520 --> 01:13:59.520]  Okay, that's easy enough.
[01:13:59.520 --> 01:14:02.520]  You got a rule 12?
[01:14:02.520 --> 01:14:12.520]  Rule 12 must treat all of your statements of fact as true, not prime efficient, but true.
[01:14:12.520 --> 01:14:21.520]  If your facts as stated were true, would you have a claim against the defendants?
[01:14:21.520 --> 01:14:23.520]  That's what's in a rule 12.
[01:14:23.520 --> 01:14:30.520]  You accuse them of a pattern that fits their liability under Monell.
[01:14:30.520 --> 01:14:35.520]  The court must accept what you accuse them of as true.
[01:14:35.520 --> 01:14:44.520]  Now, if you accused the judge of parting his hair on the left, they're no good scoundrel.
[01:14:44.520 --> 01:14:49.520]  And the courts accepted what you said is true.
[01:14:49.520 --> 01:14:57.520]  They would dismiss your case for failure to state a claim because parting the hair on the left is not a crime.
[01:14:57.520 --> 01:14:58.520]  It's not actionable.
[01:14:58.520 --> 01:15:00.520]  Right, right.
[01:15:00.520 --> 01:15:12.520]  But if what you accuse them of is actionable, then this will get you past rule 12.
[01:15:12.520 --> 01:15:21.520]  And so they're attempting to adjudicate the case in the rule 12.
[01:15:21.520 --> 01:15:31.520]  They were supposed to address the fact that if all of your facts are taken as true, you would not have a claim.
[01:15:31.520 --> 01:15:33.520]  They didn't do that.
[01:15:33.520 --> 01:15:37.520]  They argued that you couldn't prove up a claim against them.
[01:15:37.520 --> 01:15:44.520]  Randy, can you say that again, if they what?
[01:15:44.520 --> 01:15:54.520]  If the statements that you make, if the claim you make, if taken as everything you say is taken as true,
[01:15:54.520 --> 01:16:09.520]  would give you a claim against the defendant, that's what it takes to pass rule 12.
[01:16:09.520 --> 01:16:20.520]  If you accuse them of doing things that are not criminal or not actionable, then the court could throw it out under rule 12.
[01:16:20.520 --> 01:16:27.520]  So you clearly accused them of something that's actionable.
[01:16:27.520 --> 01:16:30.520]  OK.
[01:16:30.520 --> 01:16:37.520]  That rule 12 should get a request for sanctions.
[01:16:37.520 --> 01:16:41.520]  OK. OK. Let's talk about this on the other side.
[01:16:41.520 --> 01:16:44.520]  Wait a minute. That's my outro.
[01:16:44.520 --> 01:16:46.520]  Oh, sorry.
[01:16:46.520 --> 01:16:49.520]  She didn't want you to go off the cliff.
[01:16:49.520 --> 01:16:59.520]  We'll be right back.
[01:16:59.520 --> 01:17:04.520]  Are you being harassed by debt collectors with phone calls, letters or even lawsuits?
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[01:17:40.520 --> 01:17:48.520]  For more information, please visit ruleoflawradio.com and click on the blue Michael Maris banner or email michaelmaris at yahoo.com.
[01:17:48.520 --> 01:17:59.520]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors now.
[01:17:59.520 --> 01:18:04.520]  I love Logos. Without the shows on this network, I'd be almost as ignorant as my friends.
[01:18:04.520 --> 01:18:08.520]  I'm so addicted to the truth now that there's no going back. I need my truth fixed.
[01:18:08.520 --> 01:18:13.520]  I'd be lost without Logos and I really want to help keep this network on the air.
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[01:18:20.520 --> 01:18:21.520]  How can I help Logos?
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[01:18:31.520 --> 01:18:37.520]  Now, go to LogosRadioNetwork.com. Click on the Amazon logo and bookmark it.
[01:18:37.520 --> 01:18:43.520]  Now, when you order anything from Amazon, you use that link and Logos gets a few pesos.
[01:18:43.520 --> 01:18:44.520]  Do I pay extra?
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[01:18:44.520 --> 01:18:46.520]  Do I have to do anything different when I order?
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[01:18:47.520 --> 01:18:48.520]  Can I use my Amazon Prime?
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[01:18:50.520 --> 01:18:55.520]  Wow. Giving without doing anything or spending any money. This is perfect.
[01:18:55.520 --> 01:18:56.520]  Thank you so much.
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[01:18:58.520 --> 01:19:26.520]  Happy Holidays, Logos.
[01:19:28.520 --> 01:19:46.520]  If I can't get everything I want, I need to get a range, yeah.
[01:19:46.520 --> 01:19:58.520]  If I can't get everything I need, I need to get a range, yeah.
[01:19:58.520 --> 01:20:09.520]  If the people of the world can get happiness and peace, I need to get a range, yeah.
[01:20:09.520 --> 01:20:26.520]  If we can't get all these crazy wars to cease, I need to get a range, yeah.
[01:20:26.520 --> 01:20:32.520]  Okay. We are back. Ray the Kelton, Brett Fountain, Rue La La Radio.
[01:20:32.520 --> 01:20:36.520]  And we're talking to Teresa in California.
[01:20:36.520 --> 01:20:39.520]  Teresa kind of figured something out.
[01:20:39.520 --> 01:20:49.520]  What they're trying to do with their Rule 12, they're trying to sucker you into arguing irrelevant issues.
[01:20:49.520 --> 01:20:53.520]  But a friend of mine has been saying, yeah.
[01:20:53.520 --> 01:20:57.520]  Let me read you something from Monell.
[01:20:57.520 --> 01:21:00.520]  This is below what I read earlier.
[01:21:00.520 --> 01:21:07.520]  Moreover, although the touchstone of the 1983 action against the governmental body, a government body,
[01:21:07.520 --> 01:21:15.520]  is an allegation that official policy is responsible for deprivation of rights protected by the Constitution.
[01:21:15.520 --> 01:21:24.520]  Local governments, like every other person, by the very terms of the statute may be sued for constitutional deprivations
[01:21:24.520 --> 01:21:33.520]  visited pursuant to governmental custom, even though such a custom has not received formal approval
[01:21:33.520 --> 01:21:38.520]  through the body's official decision making channels.
[01:21:38.520 --> 01:21:46.520]  That's exactly, he argued exactly the opposite.
[01:21:46.520 --> 01:21:48.520]  Okay, okay.
[01:21:48.520 --> 01:21:59.520]  He argued that under Monell, the municipality could only be held based on written policy.
[01:21:59.520 --> 01:22:03.520]  Now this goes to something else.
[01:22:03.520 --> 01:22:10.520]  This is a deliberate intent to misapply Monell.
[01:22:10.520 --> 01:22:15.520]  This is a failure to speak with candor to the court.
[01:22:15.520 --> 01:22:20.520]  Oh, I love it. Well, you guys are also gonna love that.
[01:22:20.520 --> 01:22:28.520]  I just submitted a motion to strike and a motion to sanction the opposing council
[01:22:28.520 --> 01:22:33.520]  for something when they did not speak with candor to the tribunal back in February.
[01:22:33.520 --> 01:22:39.520]  And I have a hearing on October 11th regarding the motion to sanction.
[01:22:39.520 --> 01:22:42.520]  Go to this latest rule 12 and do that again.
[01:22:42.520 --> 01:22:45.520]  He referenced Monell.
[01:22:45.520 --> 01:22:48.520]  You've already got it written. You just changed the date on it.
[01:22:48.520 --> 01:22:51.520]  When did he do the thing?
[01:22:51.520 --> 01:22:55.520]  He gets stung again.
[01:22:55.520 --> 01:23:06.520]  One of our favorite things to do is to take their case law and cram it right up their behinds.
[01:23:06.520 --> 01:23:14.520]  He brought up Monell, and when I filed a response in my case, I did that all over it.
[01:23:14.520 --> 01:23:18.520]  In one place, they quoted a sentence.
[01:23:18.520 --> 01:23:25.520]  And anytime I get a quotation from the other side, I go look it up.
[01:23:25.520 --> 01:23:30.520]  And I'll take a string of verbiage out of the quotation and stick it in.
[01:23:30.520 --> 01:23:34.520]  I use case text. I really like the way it works.
[01:23:34.520 --> 01:23:38.520]  I'll put in that string of text in the search box at the bottom,
[01:23:38.520 --> 01:23:44.520]  and it'll go down and find that string of text and take me to where their citation is.
[01:23:44.520 --> 01:23:52.520]  Well, he cited the sentence, and it tended to imply one thing.
[01:23:52.520 --> 01:24:01.520]  But when I went to it and read the whole paragraph it was in, it indicated something totally different.
[01:24:01.520 --> 01:24:10.520]  So in other words, he is representing, he is falsely representing a principal out of that case.
[01:24:10.520 --> 01:24:16.520]  Yes, and that is a big time no-no for a lawyer.
[01:24:16.520 --> 01:24:20.520]  That'll get a lawyer sanctioned quicker than anything.
[01:24:20.520 --> 01:24:23.520]  Makes the judge mad.
[01:24:23.520 --> 01:24:34.520]  Come in to me and bring case law to me, that if I follow your case law, I'll get turned over by the higher court.
[01:24:34.520 --> 01:24:38.520]  They will kick their behinds.
[01:24:38.520 --> 01:24:41.520]  I love it. Okay.
[01:24:41.520 --> 01:24:47.520]  Just go back to Monil, go to section two in the opinion.
[01:24:47.520 --> 01:24:52.520]  That's what I was reading from. It's page 691.
[01:24:52.520 --> 01:25:00.520]  Okay, so there's one final thing that I have a question for, and hopefully it's going to be quick so that you can get on to the next caller.
[01:25:00.520 --> 01:25:10.520]  Apparently, I erred in attempting to attach punitive damages to a public entity.
[01:25:10.520 --> 01:25:19.520]  And apparently, I can't do that. I can't do that in 1983, and they called me on it.
[01:25:19.520 --> 01:25:22.520]  Okay, hold on, say that again.
[01:25:22.520 --> 01:25:32.520]  You cannot attempt to charge them for a public entity for punitive damages.
[01:25:32.520 --> 01:25:34.520]  Oh, okay.
[01:25:34.520 --> 01:25:39.520]  That big deal, it just lowers the amount.
[01:25:39.520 --> 01:25:44.520]  That doesn't throw your case out, it just throws out that issue.
[01:25:44.520 --> 01:25:52.520]  Okay, so when I respond to their motions to strike and motions to dismiss, do I say to the judge?
[01:25:52.520 --> 01:26:02.520]  No, no, hold on, hold on. They're trying to send you down a rabbit hole that is irrelevant to rule 12.
[01:26:02.520 --> 01:26:12.520]  No, no, no, that was not in this motion. This was in the other opposing counsel firm in their motion to strike.
[01:26:12.520 --> 01:26:20.520]  Oh, okay, that's appropriate in a motion to strike. And what I suggest you do, if they're right,
[01:26:20.520 --> 01:26:30.520]  you can respond by saying counsel's arguments are well taken and concede.
[01:26:30.520 --> 01:26:33.520]  Okay, okay, perfect, perfect.
[01:26:33.520 --> 01:26:39.520]  That will endear you to the court. Okay, okay, I made a mistake, I admit it.
[01:26:39.520 --> 01:26:45.520]  And then the next time you make a proactive statement, he's more likely gonna believe you.
[01:26:45.520 --> 01:26:51.520]  You're pro se, so he expects you to come in there and do stupid arguments.
[01:26:51.520 --> 01:26:54.520]  He doesn't expect you to be sophisticated.
[01:26:54.520 --> 01:26:58.520]  What is well taken and plaintiff concede?
[01:26:58.520 --> 01:26:59.520]  Yes.
[01:26:59.520 --> 01:27:02.520]  Okay, okay.
[01:27:02.520 --> 01:27:04.520]  All right.
[01:27:04.520 --> 01:27:15.520]  You can concede the issue and you are prepared to file an amended petition adjusting for that issue.
[01:27:15.520 --> 01:27:17.520]  The courts will like that.
[01:27:17.520 --> 01:27:25.520]  Okay, okay, awesome. Oh my God, you guys have been so amazing. I can't thank you enough.
[01:27:25.520 --> 01:27:27.520]  Okay, wonderful.
[01:27:27.520 --> 01:27:34.520]  I feel like I'm armed. My howitzer is fully cocked and loaded now.
[01:27:34.520 --> 01:27:40.520]  I'm trying to convince everybody. This is so much fun.
[01:27:40.520 --> 01:27:42.520]  Oh my God, it is. It's a blast.
[01:27:42.520 --> 01:27:48.520]  Yeah, when you have picked the fight, it's a whole other animal.
[01:27:48.520 --> 01:27:54.520]  And if we're gonna fix this system, this is how we're gonna do it.
[01:27:54.520 --> 01:27:56.520]  Yeah.
[01:27:56.520 --> 01:28:01.520]  This has become my form of entertainment.
[01:28:01.520 --> 01:28:04.520]  Okay, thank you very much, Teresa.
[01:28:04.520 --> 01:28:09.520]  You're welcome. God bless you guys. Thank you so much. Have a wonderful weekend.
[01:28:09.520 --> 01:28:18.520]  Okay, you too. Now we're going to Manuel in California.
[01:28:18.520 --> 01:28:20.520]  Oops, I hit the wrong button.
[01:28:20.520 --> 01:28:24.520]  There you go. Manuel, what do you have for us today?
[01:28:24.520 --> 01:28:27.520]  Hello, Randy. Hello, Brett.
[01:28:27.520 --> 01:28:28.520]  Hey.
[01:28:28.520 --> 01:28:33.520]  Yeah, I have a question. I have a pending current case.
[01:28:33.520 --> 01:28:42.520]  A little backstory. I filed a lawsuit against a tow company in the city and police department and a couple of employees.
[01:28:42.520 --> 01:28:48.520]  Oh, wait, before you go ahead, have you talked to Chris in California?
[01:28:48.520 --> 01:28:50.520]  No, I haven't.
[01:28:50.520 --> 01:28:56.520]  You need to. He's doing the same thing. He's kicking their behinds.
[01:28:56.520 --> 01:28:59.520]  Yeah, if you can give me his information, I can contact him. That'd be great.
[01:28:59.520 --> 01:29:08.520]  Send me some email and ask for an introduction to Chris in Colorado, and I'll get it to him.
[01:29:08.520 --> 01:29:10.520]  Okay, will do.
[01:29:10.520 --> 01:29:12.520]  Okay, now go ahead.
[01:29:12.520 --> 01:29:21.520]  I got sent to federal court, and then the federal court dismissed the city and all that. There was a declaratory release lawsuit, and it got remanded.
[01:29:21.520 --> 01:29:28.520]  I admitted the federal complaint, and it got remanded back to state because I took out the federal question.
[01:29:28.520 --> 01:29:35.520]  So in state court, I guess they asked me to file a remanded complaint again, so I did.
[01:29:35.520 --> 01:29:39.520]  Did you include the federal question?
[01:29:39.520 --> 01:29:45.520]  Yes, I included the federal question.
[01:29:45.520 --> 01:29:49.520]  Okay, I'm going to speak to that when we come back, something you're going to like to hear.
[01:29:49.520 --> 01:30:00.520]  Hang on, Randy Kelton, Breath Fountain, the Wheel of Law Radio. We'll be right back.
[01:30:00.520 --> 01:30:04.520]  A top cybersecurity expert has a warning for America.
[01:30:04.520 --> 01:30:11.520]  If you build an electrical smart grid, the hackers will come, and they could cause a catastrophic blackout.
[01:30:11.520 --> 01:30:15.520]  I'm Dr. Catherine Albrecht, back with the shocking details in a moment.
[01:30:15.520 --> 01:30:21.520]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:30:21.520 --> 01:30:26.520]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[01:30:26.520 --> 01:30:31.520]  So protect your rights. Say no to surveillance and keep your information to yourself.
[01:30:31.520 --> 01:30:34.520]  Privacy, it's worth hanging onto.
[01:30:34.520 --> 01:30:41.520]  This message is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[01:30:41.520 --> 01:30:45.520]  Start over with StartPage.
[01:30:45.520 --> 01:30:52.520]  Governments love power, so it's only natural they'd want to control the power going into your home, too, with a smart grid.
[01:30:52.520 --> 01:30:59.520]  So they're installing a national network of smart meters to remotely monitor electric use for efficiency and avoid grid failure.
[01:30:59.520 --> 01:31:08.520]  But cybersecurity expert David Chalk says not so fast. If we make the national power grid controllable through the web, hackers will have a field day.
[01:31:08.520 --> 01:31:14.520]  Working remotely, they could tap in and black out the entire nation, leaving us vulnerable to our enemies.
[01:31:14.520 --> 01:31:18.520]  I've long opposed smart meters for privacy and health reasons.
[01:31:18.520 --> 01:31:23.520]  The catastrophic failures caused by hackers? There's nothing smart about that.
[01:31:23.520 --> 01:31:30.520]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:31:30.520 --> 01:31:36.520]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.520 --> 01:31:43.520]  The government says that fire brought it down. However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.520 --> 01:31:46.520]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.520 --> 01:31:49.520]  Thousands of my fellow first responders are dying.
[01:31:49.520 --> 01:31:51.520]  I'm not a conspiracy theorist. I'm a structural engineer.
[01:31:51.520 --> 01:31:53.520]  I'm a New York City correction officer.
[01:31:53.520 --> 01:31:54.520]  I'm an Air Force pilot.
[01:31:54.520 --> 01:31:55.520]  I'm a father who lost his son.
[01:31:55.520 --> 01:31:58.520]  We're Americans, and we deserve the truth.
[01:31:58.520 --> 01:32:01.520]  Go to RememberBuilding7.org today.
[01:32:01.520 --> 01:32:05.520]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[01:32:05.520 --> 01:32:08.520]  In today's America, we live in an us-against-them society.
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[01:33:30.520 --> 01:33:36.520]  Okay, we are back.
[01:33:36.520 --> 01:33:39.520]  Randy Kelton, Brett Fountain, Rule of Law Radio.
[01:33:39.520 --> 01:33:41.520]  We're talking to Manuel in California.
[01:33:41.520 --> 01:33:45.520]  Okay, go ahead, Manuel.
[01:33:45.520 --> 01:33:52.520]  Yeah, so the case was remanded back to state court, and recently in state court they asked me to file an amended complaint.
[01:33:52.520 --> 01:34:00.520]  And I added one of the federal questions and four other causes of action, and one of the dismissed defendants.
[01:34:00.520 --> 01:34:06.520]  And the court allowed it, but they just didn't allow me to add the dismissed defendant.
[01:34:06.520 --> 01:34:17.520]  Even though I showed case law that it wasn't registered to CADA and that decontour relief that was dismissed could still be brought into another claim for damages.
[01:34:17.520 --> 01:34:27.520]  And the judge basically said that they didn't allow the defendant to be added because it would be prejudiced towards the defendant.
[01:34:27.520 --> 01:34:29.520]  And she made a tentative ruling.
[01:34:29.520 --> 01:34:35.520]  So my question was, can I do something about the tentative ruling, and should I appeal or do a motion?
[01:34:35.520 --> 01:34:37.520]  Wait, wait, I'm having trouble understanding.
[01:34:37.520 --> 01:34:39.520]  Are you understanding him, Brett?
[01:34:39.520 --> 01:34:42.520]  No, it seems really low.
[01:34:42.520 --> 01:34:46.520]  I was hoping your hearing aid was picking that up.
[01:34:46.520 --> 01:34:48.520]  Well, I'm getting distortion.
[01:34:48.520 --> 01:34:49.520]  I can hear him fine.
[01:34:49.520 --> 01:34:51.520]  I'm just having trouble understanding what he's saying.
[01:34:51.520 --> 01:34:55.520]  Can you say that again a little bit slower?
[01:34:55.520 --> 01:34:58.520]  Oh, okay. Can you hear me now? Is that better?
[01:34:58.520 --> 01:35:00.520]  That's better, but you're still talking fast.
[01:35:00.520 --> 01:35:04.520]  You're talking faster than I can listen. I'm old.
[01:35:04.520 --> 01:35:06.520]  Oh.
[01:35:06.520 --> 01:35:16.520]  So yeah, the judge is breathing for not allowing the defendant to be reinstated, and the complaint is because it would be prejudiced towards the defendant.
[01:35:16.520 --> 01:35:20.520]  And my question was, can I do something about that tentative ruling?
[01:35:20.520 --> 01:35:27.520]  You can certainly file an appeal.
[01:35:27.520 --> 01:35:31.520]  This would go to interlocutory.
[01:35:31.520 --> 01:35:35.520]  Interlocutory, okay.
[01:35:35.520 --> 01:35:39.520]  But I don't know enough about the case.
[01:35:39.520 --> 01:35:44.520]  It was too complicated and moved too quickly for me to put all the pieces together.
[01:35:44.520 --> 01:35:49.520]  You sued him. You forgot and removed it.
[01:35:49.520 --> 01:35:52.520]  You filed a federal...
[01:35:52.520 --> 01:35:55.520]  When did you forget the federal question?
[01:35:55.520 --> 01:35:58.520]  In the original suit?
[01:35:58.520 --> 01:36:04.520]  No, I originally filed in state court, and then the attorneys moved it to federal court.
[01:36:04.520 --> 01:36:11.520]  Okay. When did the federal question get dropped out?
[01:36:11.520 --> 01:36:14.520]  They got it remanded.
[01:36:14.520 --> 01:36:23.520]  When the judge dismissed the fitting defendant, and that's when I amended a complaint in federal court and took out the federal question.
[01:36:23.520 --> 01:36:31.520]  Oh, okay. Okay. So the judge dismissed the federal question issue.
[01:36:31.520 --> 01:36:35.520]  Okay. Now I'm kind of getting it. Now it's back in state court.
[01:36:35.520 --> 01:36:41.520]  And how did the defendant... Is there only one defendant?
[01:36:41.520 --> 01:36:43.520]  Yeah, there's two.
[01:36:43.520 --> 01:36:47.520]  Okay. So you still have another defendant.
[01:36:47.520 --> 01:36:52.520]  I have a tow company.
[01:36:52.520 --> 01:36:55.520]  I missed that. Say that again.
[01:36:55.520 --> 01:37:01.520]  Yes. The defendant still on the case is the tow company who took the car.
[01:37:01.520 --> 01:37:05.520]  Okay. So he had the tow company in the city and they dismissed the city.
[01:37:05.520 --> 01:37:11.520]  Why is dismissing the city a problem?
[01:37:11.520 --> 01:37:16.520]  No, not the city. It's the officer. I have a...
[01:37:16.520 --> 01:37:24.520]  I want to keep the officer on the complaint, but the judge said they didn't allow it because it said it would be prejudiced towards him.
[01:37:24.520 --> 01:37:30.520]  Of course it's prejudiced toward him. You're suing him.
[01:37:30.520 --> 01:37:33.520]  I mean, duh.
[01:37:33.520 --> 01:37:39.520]  And that was their tentative ruling. So my question is, should I appeal that or how can I...
[01:37:39.520 --> 01:37:50.520]  You should do an interlocutory appeal and ask the appellate court to reinstate the defendant.
[01:37:50.520 --> 01:37:56.520]  Okay. And about the order, should I do anything about the order? Do a motion to stay or motion to strike the order?
[01:37:56.520 --> 01:38:02.520]  Wait a minute. Wait a minute. The order is what dismissed the...
[01:38:02.520 --> 01:38:11.520]  Are you speaking to an order different than the one that dismissed the client, the defendant?
[01:38:11.520 --> 01:38:16.520]  No, it's the same thing. Yeah. She made a tentative ruling, but basically an order saying what she was.
[01:38:16.520 --> 01:38:22.520]  Okay. That's what you appeal is you appeal the order.
[01:38:22.520 --> 01:38:29.520]  Oh, this might get a mandamus?
[01:38:29.520 --> 01:38:38.520]  I'm uncomfortable with an interlocutory because this is not a dispositive issue. This should go more to mandamus.
[01:38:38.520 --> 01:38:48.520]  Ask the higher court to order the lower court to reinstate the defendant.
[01:38:48.520 --> 01:38:53.520]  So look at mandamus.
[01:38:53.520 --> 01:38:56.520]  Okay. So mandamus would be the best.
[01:38:56.520 --> 01:38:59.520]  Yeah.
[01:38:59.520 --> 01:39:05.520]  And I have another question on a different topic.
[01:39:05.520 --> 01:39:07.520]  Okay.
[01:39:07.520 --> 01:39:14.520]  Yeah, I recently got a default judgment against the company, and I was trying to find their assets or bank accounts.
[01:39:14.520 --> 01:39:20.520]  Is there an easy way to find that? I've had to subpoena a different bank account for banks.
[01:39:20.520 --> 01:39:29.520]  Yeah, first get a private investigator. They got ways of finding these things.
[01:39:29.520 --> 01:39:39.520]  Once you found them, then you can go to the court and ask the other party for them and maybe get the other party to try to hide their assets.
[01:39:39.520 --> 01:39:42.520]  So you can get sanctions against them for that.
[01:39:42.520 --> 01:39:53.520]  But the easiest way and probably the best way to find their assets is get a private attorney, private detective to do that.
[01:39:53.520 --> 01:40:03.520]  Okay. Private investigator to do that because he's got access to computer systems that the police, otherwise only the police have.
[01:40:03.520 --> 01:40:14.520]  A private investigator's license, all it does is give you access to computers that the public don't have access to.
[01:40:14.520 --> 01:40:23.520]  Oh, okay. Generally 50, 100 bucks. They run a search for you.
[01:40:23.520 --> 01:40:25.520]  Okay. Thank you, Randy.
[01:40:25.520 --> 01:40:28.520]  You are welcome.
[01:40:28.520 --> 01:40:37.520]  Okay. Now we're going to go to Shane in New York. Hello, Shane. What do you have for us today?
[01:40:37.520 --> 01:40:39.520]  Hi, Randy.
[01:40:39.520 --> 01:40:41.520]  Howdy.
[01:40:41.520 --> 01:40:45.520]  Okay. I just wanted to say hi. It's been a while since I've been on the show.
[01:40:45.520 --> 01:40:57.520]  We had our ninth sale of the property that was supposed to take place on Monday of this week and ran down to the courthouse and filed a bankruptcy and stopped it.
[01:40:57.520 --> 01:41:02.520]  And so we stopped it for the ninth time.
[01:41:02.520 --> 01:41:03.520]  Wow.
[01:41:03.520 --> 01:41:18.520]  And finally came to me, I'm going to file a federal lawsuit in federal court because the bankruptcy judge didn't make a ruling that the second lien holder has to serve me.
[01:41:18.520 --> 01:41:26.520]  And they did not do it again. Not only did they not serve me, they never even served my mom.
[01:41:26.520 --> 01:41:31.520]  And they just ran it in the newspaper and they were going to do a sneaky one.
[01:41:31.520 --> 01:41:38.520]  And so I found out through the grapevine and ran down to the courthouse and got that class done for her.
[01:41:38.520 --> 01:41:43.520]  And we filed it and paid the filing fee and stopped the sale of the property. So we're at number nine now.
[01:41:43.520 --> 01:41:47.520]  So I just want to let you know.
[01:41:47.520 --> 01:41:53.520]  So they tried to get around you. So are you asking for sanctions?
[01:41:53.520 --> 01:41:57.520]  Well, the case is closed. The case is closed.
[01:41:57.520 --> 01:42:04.520]  That's OK. You still ask for sanctions. Well, what did they file that you had to run down to a bankruptcy for?
[01:42:04.520 --> 01:42:13.520]  They were going to sell the property. So we filed a Chapter 13, not in my name, but my mother's name.
[01:42:13.520 --> 01:42:20.520]  OK. You filed a 13. What did they fail to serve you on?
[01:42:20.520 --> 01:42:29.520]  Well, my 13 was dismissed and that happened back in 2020. It's fully briefed in the Second Circuit to make rulings on that,
[01:42:29.520 --> 01:42:33.520]  because they sanctioned me from filing any more bankruptcies or any more lawsuits.
[01:42:33.520 --> 01:42:41.520]  So I can't do anything until I get to the appellate court on September 20th. So that's in New York City.
[01:42:41.520 --> 01:42:49.520]  But at least we stopped the sale in my mom's name that was going to take place on Monday.
[01:42:49.520 --> 01:42:54.520]  OK. So how many years they've been after you?
[01:42:54.520 --> 01:42:58.520]  Since November 2014.
[01:42:58.520 --> 01:43:00.520]  Almost 10 years.
[01:43:00.520 --> 01:43:08.520]  Yeah. And they're trying to use a key lock, a $50,000 key lock note that they do not have.
[01:43:08.520 --> 01:43:14.520]  They've lost it years ago. They admitted they don't have it and they're still marching forward.
[01:43:14.520 --> 01:43:22.520]  And the bankruptcy court is basically just looking to stay and they're just not really hearing anything.
[01:43:22.520 --> 01:43:29.520]  So I'm looking forward to going to the Second Circuit in a couple of weeks to ask the Second Circuit is,
[01:43:29.520 --> 01:43:38.520]  do I have a right to have an evidentiary hearing if the creditor files a proof of claim?
[01:43:38.520 --> 01:43:46.520]  OK. I don't know how to respond to that. I'm stuck.
[01:43:46.520 --> 01:43:49.520]  Sounds like a nice clean question.
[01:43:49.520 --> 01:43:56.520]  OK. Hang on. Randy Kelton, Brett Fountain, Rue La Radio. I'm not going to give out the calling number.
[01:43:56.520 --> 01:44:00.520]  We've got John. We're in the last set.
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[01:46:24.520 --> 01:46:49.520]  The people come down from the hills
[01:46:49.520 --> 01:46:57.520]  The people come down from the hills
[01:46:57.520 --> 01:47:01.520]  Into the city they will shrivel
[01:47:01.520 --> 01:47:08.520]  Okay, we are back. Randy Kelton, Red Fountain Rule of Law Radio, and we're talking to Shane in New York.
[01:47:08.520 --> 01:47:15.520]  Okay, Shane, so it sounds like you're getting close to the end of this Odyssey.
[01:47:15.520 --> 01:47:21.520]  You know, Randy, I would, you would hope to believe that to be true, but they just never, they just never give up.
[01:47:21.520 --> 01:47:31.520]  And I'm really excited that the second, I got a letter from the Second Circuit Court of Appeals in Manhattan on Tuesday of this week, was it Friday?
[01:47:31.520 --> 01:47:38.520]  And they are giving me, the opposing party is not going to show up, which is Nation Star Mr. Cooper. They're going to do a payout on submission.
[01:47:38.520 --> 01:47:48.520]  And I asked for 10 minutes, but they're giving me five minutes. So I'm going to drive all the way from, from Buffalo to Manhattan, which is a good six and a half, six and a half hour drive.
[01:47:48.520 --> 01:47:58.520]  And by the way, the whole hotel rooms in Manhattan around, within a mile of the Second Circuit Court of Appeals, the cheapest room I could find is like five and a quarter a night.
[01:47:58.520 --> 01:48:13.520]  And if you, but if you go across the, if you go home, but yeah, the most of them are like seven, $800 a night. If you go across to the Queens or Brooklyn or over the river to New Jersey, they drop down to about a hundred and a quarter, 155 more.
[01:48:13.520 --> 01:48:18.520]  And they're the same damn whole hotel rooms.
[01:48:18.520 --> 01:48:21.520]  And it's not that far.
[01:48:21.520 --> 01:48:30.520]  No, it's, it's just that, no, some of them you can actually walk to, it might be about a 30 minute walk because you go under the tunnel or you can take this subway.
[01:48:30.520 --> 01:48:40.520]  But yeah, I recommend if anybody goes to New York City, definitely get something just outside the city. You can always take a subway over, but it's just, the prices are outrageous.
[01:48:40.520 --> 01:48:52.520]  And so I go to the Second Circuit and I only have a couple issues is the regarding the proof of claim. They lifted my lift to stay in bankruptcy because I didn't make any payments.
[01:48:52.520 --> 01:49:01.520]  I said, well, how do I make payments when there's no proof of claim? I never don't even have a loan with Mr. Cooper Nation Star. I've never had a loan with them.
[01:49:01.520 --> 01:49:10.520]  And you know how they just go ahead and transfer the debt from Joe Blow to you, whoever the new owner of the property is. I said, okay, fine. Let's have an evidentiary hearing pursuant to the bankruptcy rule.
[01:49:10.520 --> 01:49:18.520]  And that's the only discussion we're going to have during, during the hearing in the Second Circuit. That's, that's the big leagues. You don't get any higher than that.
[01:49:18.520 --> 01:49:23.520]  But it, it took four years to get there.
[01:49:23.520 --> 01:49:29.520]  And it's, and it's fully briefed and it was, it wasn't easy to get all this done.
[01:49:29.520 --> 01:49:33.520]  You ought to look at helping other people with foreclosure issues.
[01:49:33.520 --> 01:49:43.520]  I do. I have some friends I do. I have, but it's like I told before, Randy, this is not something like, you know, everybody thinks, oh yeah, we're going to win in the lower kernel. No, you're not.
[01:49:43.520 --> 01:49:49.520]  It very rarely jumps up and down and they get all excited. But guess what? You got something. You got to fight.
[01:49:49.520 --> 01:49:55.520]  Help people and have them put half the amount of the mortgage payment in the bank every month.
[01:49:55.520 --> 01:49:57.520]  Yes.
[01:49:57.520 --> 01:50:05.520]  And then hold them out long enough to, they got a chunk of change. They can tell them to take this place and shove it and go out and buy another one.
[01:50:05.520 --> 01:50:08.520]  And have a good down payment.
[01:50:08.520 --> 01:50:11.520]  Right. That's how, that's how you win.
[01:50:11.520 --> 01:50:22.520]  Yep. That's true. But the hardest thing, Randy, to do during this whole event is getting a motion to compel answered or discovery on the original docs.
[01:50:22.520 --> 01:50:30.520]  That's the hardest thing. It just, man, they just don't want to give it to you. And I've tried like hell. So they keep on, they keep on raising issues that I'm on.
[01:50:30.520 --> 01:50:39.520]  You know, I keep on, they keep on trying to squash me saying I've already raised these issues and guess what? I have, but it's never been adjudicated.
[01:50:39.520 --> 01:50:46.520]  It hasn't been ruled on the merits. They won't do it. So that's why I'm going to the second circuit court of appeals.
[01:50:46.520 --> 01:50:57.520]  My last wild card I want to tell you about is I have a lawsuit against KeyBank, but I'm going to file it in the federal court pursuant to a federal question.
[01:50:57.520 --> 01:51:06.520]  But more importantly, on the right of, you know, pursuant of happiness, liberty and freedom and property rights.
[01:51:06.520 --> 01:51:17.520]  And it's under diversity over $75,000 because it would be, you know, you do three times the amount of the loan and the defendant will be located in Ohio.
[01:51:17.520 --> 01:51:26.520]  So that's out over state lines under diversity. So that's my next one. But I have not filed it yet because we're still in the just started a brand new bankruptcy case.
[01:51:26.520 --> 01:51:34.520]  We got to get the schedules in. You got 14 days to get those in. And but this will probably be our last time in bankruptcy court.
[01:51:34.520 --> 01:51:42.520]  We use it up too many times, but but I'm hoping that the federal judge will listen to my lawsuit.
[01:51:42.520 --> 01:51:57.520]  I'll probably won't file until next week. It's going to take time to be served, but I'm going to, you know, I'm just going to sue the bank and not sue anybody else and try to keep it clean.
[01:51:57.520 --> 01:52:08.520]  Good. Maybe you get the bank to write you a deal because you've been such a pain in the butt and cost so much money. They might be ready to write you a check rather than fight you.
[01:52:08.520 --> 01:52:18.520]  Well, we'll see what happens. I'll just let you know that it's been a it's been a bumpy ride, but nine times to stop in the cell is a pretty pretty big accomplishment.
[01:52:18.520 --> 01:52:34.520]  That's pretty good. I bet you have a bunch of attorneys who are not happy campers. Get you wipe the floor having a pro se wipe the floor with them.
[01:52:34.520 --> 01:52:51.520]  Yeah, and I took all your advice and I've every time this one particular attorney file stuff and try to sell the property a nice time. I follow a bar complaint, a bar complaint, a bar complaint, a bar complaint against six or seven years.
[01:52:51.520 --> 01:53:04.520]  I'll use my mom's name. I'll use mine. Okay. Okay. I have a real serious question for you. Did that attorney see you a Christmas card?
[01:53:04.520 --> 01:53:22.520]  Not yet. I told you, I told you this has consequences. Watch out. He might even send you a fruitcake. Yeah, we make sure you soak it in the tub before you open it.
[01:53:22.520 --> 01:53:39.520]  Well, but I was going to let the last question to you. And I think I know the answers to it is that the when I followed that lawsuit against KeyBank in federal court, I've never done this before. I've never filed a lawsuit in federal court regarding all the issues with the mortgage being all the fraudulent documents.
[01:53:39.520 --> 01:53:55.520]  Of course, I'll get discovery. But my question is, let's say a month from now or two months from now, they run to the paper, run the ad for 30 days and try to sell it. Will they sell it knowing that there's a brand new federal lawsuit filed against them?
[01:53:55.520 --> 01:54:12.520]  Almost never. The reason is if they evict someone and it gets ruled against them, the harm for the eviction can way outweigh the property.
[01:54:12.520 --> 01:54:34.520]  So we haven't, whenever we fight an eviction, they generally stop until whatever the adjudication is, is over. So if you sue them, very likely they'll stop. Right. They're not compelled to, but economically, it's the right thing to do for them.
[01:54:34.520 --> 01:54:42.520]  Right. So, Randy, I am a little nervous. A couple weeks here, I'll be going to the big one.
[01:54:42.520 --> 01:54:54.520]  Okay, here's the deal in the federal court. You file in the federal court, they're going to file a rule 12. But in the rule 12, they'll argue the case.
[01:54:54.520 --> 01:55:11.520]  They seem not to understand what a rule 12 is. If you can find a reason to strike the rule 12, then you can move for default judgment, trip them up.
[01:55:11.520 --> 01:55:31.520]  But here's kind of the way the federal court goes. You file suit, they file a rule 12. You file an answer. The court dismisses your case based on the rule 12 and explains to you what's wrong with your case and what you have to do to fix it.
[01:55:31.520 --> 01:55:44.520]  And then it tells the other side what's wrong with their case and what they have to do to fix it. And in the rule 12, the bank tells you what their arguments and defenses are going to be.
[01:55:44.520 --> 01:56:08.520]  So now you can file an amended complaint taking into account the, what is it, you got an order. In a federal case, an order is not all of an order.
[01:56:08.520 --> 01:56:17.520]  There has to be an order and a judgment. The judgment is effectively findings affecting conclusions at law.
[01:56:17.520 --> 01:56:28.520]  So to complete the order, there has to be a judgment. So you read the judgment and then you file an amended pleading.
[01:56:28.520 --> 01:56:40.520]  And one of the first things you should do is tell the court that the court's criticism of plaintiff's filing is well taken.
[01:56:40.520 --> 01:56:58.520]  The federal judges are not used to pro se litigants being professional and polite. They're used to being real jerks. And it shouldn't matter if the court's on your side or not, but it likes you or not, but it does.
[01:56:58.520 --> 01:57:14.520]  But they will tell you everything you need to file your amended complaint. That's the one you want to stand on. So don't be intimidated about filing a federal suit. Those are easier than state.
[01:57:14.520 --> 01:57:30.520]  That's exactly what could possibly happen. I have one last question before I leave you tonight. I filed a Fair Debt Collection Practices lawsuit in my name in federal court going back almost three years ago.
[01:57:30.520 --> 01:57:45.520]  Everything's been fully briefed. I filed my complaint. They filed the reply. I responded back. And the judge Sinatra, President Trump, he's been sitting on it for golly for almost a year now.
[01:57:45.520 --> 01:58:03.520]  Finally, I've got one of the same thing, pro se litigant. They didn't like the first filing. We fixed it. They've been sitting on it for a year. I'm preparing the written mandamus, asking the appellate court to order the judge to get off the dime. It might have just fell through the cracks.
[01:58:03.520 --> 01:58:16.520]  Yes, I know about mandamus. Why did they sit on it for so long, Reddy? He might have just forgot about it. He might have got stuck in a corner. That's what I'm saying. It might have fell through the cracks.
[01:58:16.520 --> 01:58:28.520]  So a mandamus, the appellate court, just filing the mandamus when the judge gets a copy of it, he's likely to get on the dime so the appellate court doesn't have to sting him.
[01:58:28.520 --> 01:58:49.520]  Right. Thanks, Reddy. Okay. Thank you, Shane and John. You got a call in earlier. I really wanted to take you this time, but we ran out of time with Shane. I thought Shane would be quicker. So it's all Shane's fault. He's in New York. You can go buy Beam Up. Thank you all for listening. Good night.
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