Hey Brooksie, You Need To Pay Attention To This!!!
Judge refuses to dismiss law enforcement officers from false-detention lawsuit
A federal judge in Richmond, Va., has refused to dismiss from a
lawsuit several FBI and Secret Service agents as well as local police
officers who arrested a military veteran based on an opinion from a
counselor who had never met him that he might be a danger.
The officers had confronted the veteran, Brandon Raub, after he
expressed criticism of the U.S. government on a social networking page.
They arrested Raub and kept him in custody for an evaluation based on
the long-distance opinion from Michael Campbell, a psychotherapist
hired by the local county. But when the case came before a judge, his
ruling found the concerns raised by the officers were “so devoid of any
factual allegations that it could not be reasonably expected to give
rise to a case or controversy.”
Raub then sued the officers for taking him into custody.
The latest ruling rejected a request by the officers to end the case.
“Brandon Raub’s case exposes the seedy underbelly of a governmental
system that continues to target military veterans for expressing their
discontent over America’s rapid transition to a police state,” said John
W. Whitehead, president of The Rutherford Institute.
“While such targeting of veterans and dissidents is problematic
enough, for any government official to suggest that they shouldn’t be
held accountable for violating a citizen’s rights on the grounds that
they were unaware of the Constitution’s prohibitions makes a mockery of
our so-called system of representative government. Thankfully, Judge
Hudson has recognized this imbalance and ensured that Brandon Raub will
get his day in court,” he said.
The decision came from U.S. District Judge Henry Hudson, who
essentially said there is not enough information at this point in the
case to dismiss the law enforcement defendants. He ordered limited
discovery.
The Rutherford Institute called the decision a victory for free speech and the right to be free from wrongful arrest.
Raub, a decorated Marine, had been taken into custody by “a swarm” of
FBI, Secret Service agents and local police and forcibly detained in a
psychiatric ward for a week because of controversial song lyrics and
political views posted on his Facebook page, Rutherford reported.
Hudson said the Rutherford Institute, which is representing Raub, had
alleged sufficient facts to indicate that the involuntary commitment
violated his rights under the U.S. Constitution’s First and Fourth
Amendments.
Institute attorneys had filed the civil rights lawsuit in federal
court on behalf of Raub, alleging that his seizure and detention were
the result of a federal government program code-named “Operation
Vigilant Eagle” that involves the systematic surveillance of military
veterans who express views critical of the government.
The complaint alleges that the attempt to label Raub as “mentally
ill” and his subsequent involuntary commitment was a pretext designed to
silence speech critical of the government.
It was Aug. 16, 2012, when Chesterfield police, Secret Service and
FBI agents arrived at Raub’s home, asking to speak with him about his
Facebook posts. Like many Facebook users, Raub, a Marine who has served
tours in Iraq and Afghanistan, uses his Facebook page to post song
lyrics and air his political opinions.
Without providing any explanation, levying any charges against Raub
or reading him his rights, law enforcement officials handcuffed Raub and
transported him to police headquarters, then to John Randolph Medical
Center, where he was held against his will.
The Institute reported in a hearing on Aug. 20, government officials
pointed to Raub’s Facebook posts as the reason for his incarceration.
While Raub stated that the Facebook posts were being read out of
context, a special justice ordered Raub be held up to 30 more days for
psychological evaluation and treatment.
But Circuit Court Judge Allan Sharrett ordered Raub’s immediate release a short time later, and the lawsuit was initiated.
http://www.wnd.com/2013/08/court-to-feds-explain-marines-facebook-postings-arrest/
Re-posted in it's Entirety because we asked and have permission.
Duck & Cover Brooksie!!!
Submitted by: Todd Comber