Supreme Court Justice Clarence Thomas is reportedly outraged and may be heading down to New Orleans after his nephew, Derek Thomas, was punched and tasered at a Louisiana hospital after refusing to put on a gown.
Derek Thomas may have been admitted after a possible suicide attempt and suffered a “massive seizure.” When he refused to put on the gown and attempted to leave, he was reportedly punched by a security guard who also pulled out some of his hair. He was then tasered.
Derek is the son of Justice Thomas’ late younger brother Myer Lee Thomas and is a student at Nicholls State College.
It is an ironic twist given Thomas’ staunch voting record in favor of law enforcement interests and against the rights of people accused in criminal cases. In Safford v. Redding, for example, Thomas dismissed the claims of abuse stemming from the strip searching of a middle school girl to look for Ibuprofen. Thomas was the lone dissenter to claim that the search was both justified and the officials deserved both immunity and praise. He insisted the “[p]reservation of order, discipline, and safety in public schools is simply not the domain of the Constitution. And, common sense is not a judicial monopoly or a Constitutional imperative.”
Likewise, Thomas was not exactly sympathetic when citizens complained about being searched for fleeing from police. While not a hospital scene like that of his nephew, Thomas joined in the decision in Justice Thomas joined the Court’s decision in Illinois v. Wardlow when the Court held that running away from officers is the basis for reasonable suspicion and a search.
Source: Gawker
the term “law enforcement officer” means an officer or employee of the Federal Government, or a person authorized to act for or on behalf of the Federal Government or serving the Federal Government as an adviser or consultant – (A) authorized under law to engage in or supervise the prevention, detection, investigation, or prosecution of an offense; or (B) serving as a probation or pretrial services officer under this title;18 USC Sec. 1515(4)
In US Attorneys Criminal Resource Manual 1729, USDOJ publishes:
“The accepted meaning by Congress and by USDOJ of “law enforcement” means criminal law enforcement and of “offense” as criminal violation.” See US
Attorneys Criminal Resource Manual 1729, 18 U.S.C. § 1515(4); 128 Cong. Rec. H8203 (daily ed. Sept. 30, 1982).
According to USDOJ.gov website, this statement was reviewed in July 2009.
Peace officer is a very vague term whereas the definition of each crime has been under a lot of review and litigation. You wouldn’t want some government agent going through your house organizing your stuff because he claims it would be good for peace in your family or messing around in your hard claiming it is good for peace in your neighborhood would you?
Can any one tell me when peace officers, became law enforcement officers,and why?
People like Justice Thomas “don’t get it” until it happens to one of their loved ones.
However, even in light of this, it is highly unlikely that Thomas will “get it.”
Dear Kay:
Thanks for posting the story of Richard Fine on this blog.
The case of Richard Fine is unique in documenting alleged widespread corruption of the US justice system from bottom to top:
Richard Fine still falsely believes that he was arrested and is imprisoned through a March 4, 2009 Judgment by Judge Yaffe of the Superior Court of California, that his habeas corpus was denied in a June 29, 2009 Judgment by US Judge John Walter of the US District Court, that his Appeal was denied in a mandate of February 12, 2010, by three Circuit Judges of the US Court of Appeals, 9th Circuit and that his application to Associate Justice Kennedy was denied on March 12, 2010…
In fact, none of it ever took place in reality:
1) Judge Yaffe never entered the March 4, 2009 Judgment, as required by California law, to make “effectual for any purpose”.
2) The June 29, 2009 Judgment by Judge John Walter was never authenticated, as required to make it one that required “full faith and credit” pursuant to US law and Local Rules of Court.
3) The US court of Appeals, 9th Circuit, addressed the appeal in a series of unsigned, unauthenticated orders and a mandate, which likewise – were void, not voidable.
4) Justice Kennedy never entered a denial as required by Local Rules of Court of the US Supreme Court. The purported March 12, 2010, denial came in an unsigned letter by Danny Bickell, who was never authorized to issue such notice – he was not a Clerk or a Deputy Clerk.
Therefore, the US Supreme Court had no jurisdiction to review any judgment or mandate. There was nothing to review – zilch…
However, the US Supreme Court justices were bound by the Code of Conduct of US Judges – to initiate corrective actions,regardless of Richard Fine’s arguments.
All the best,
Joseph Zernik, PhD
Human Rights Alert (NGO)
http://www.thepetitionsite.com/1/free-fine
Judge Thomas, having made it to the top, has never seen fit to send the elevator back down. Perhaps now he will for his nephew, though I hope the hospital authorities will not offend him by giving him any deferential treatment. He certainly doesn’t deserve it. His seat on the Supreme Court should be considered a permanent vacancy…
Buddha
I just think it is easier if everyone is polite to everyone. This article is about false imprisonment is it not? That isn’t polite or legal. The FBI web site says it is criminal. The FBI website says
During an arrest or detention, these rights can be violated by the use of force amounting to punishment (summary judgment). The person accused of a crime must be allowed the opportunity to have a trial and should not be subjected to punishment without having been afforded the opportunity of the legal process.
http://www.fbi.gov/hq/cid/civilrights/color.htm
I don’t understand why the S.C. ignores the problems of people such as myself and Richard Fine who are incarcerated without a criminal charge. I don’t understand why the S.C. didn’t hear my appeals and why they didn’t hear the Richard Fine appeal. As claimed:
Richard Fine – 70 year old, former US prosecutor, had shown that judges in Los Angeles County had taken “not permitted” payments (called by media “bribes”). On February 20, 2009, the Governor of California signed “retroactive immunities” (pardons) for all judges in Los Angeles. Less than two weeks later, on March 4, 2009 Richard Fine was arrested in open court, with no warrant. He is held ever since in solitary confinement in Los Angeles, California. No judgment, conviction, or sentencing was ever entered in his case.
http://www.thepetitionsite.com/1/free-fine
Buddha Is Laughing and mespo727272,
Thank you, gentle sirs … at times my tendency towards the caustic has gotten me in trouble but yet “nothing is more discouraging than unappreciated sarcasm”. However, I do agree with Samuel Butler who said, “Neither irony or sarcasm is argument.”
QUOTE “may have been admitted after a possible suicide attempt and suffered a “massive seizure.””
Huh?!?! He MIGHT have been admitted?!?!? How can they claim he was a patient if he was never admitted?? LoL
“Possible” suicide attempt?? A great way for authorities to abuse someone, claim they are suicidal….even if they aren’t.
So someone has a “massive seizure” and they are tazered for not complying?!?! Are you frickin kidden me!??!?
Maybe with more time authorities will come up with a more believable story, cause THIS ONE SURE AIN’T MAKING IT!!!