Tuesday, January 13, 2015

U.S. Codes Are Legal Victories


U.S. Code 42, Sec. 1983 and U.S. Code 242, Sec. 18 are legal victories for oppressed people. There is a growing necessity for lawyers to represent African Americans and other minority status people whose rights have been and are being violated. Christopher Tucker is one such individual. Tucker is a mild-tempered man who works as an armed security guard. He alleged targeting and brutality by the Oklahoma Police Department and fraud by The (Johnnie) Cochran Firm. Please hear about Tucker's lawsuit against The Cochran Firm and Oklahoma Police Department. Share Tucker's interview at Human Rights Demand channel, taped January 7, 2015. It is available for listening 24/7 at
http://www.blogtalkradio.com/humanrightsdemand/2015/01/07/christopher-tucker-vs-the-cochran-firm-and-oklahoma-city-pd


Christopher Tucker alleges that on July 3, 2010, he was badly beaten and Tasered by Oklahoma City police officers without any provocation. He had a verbal confrontation with his girlfriend and police were called. By the time police arrived at the house, Tucker had already removed his personal possessions and left the scene. There was no allegation of physical assault. Police arrived promptly and set out after Tucker, although they understood that no laws had been broken. After Tucker was beaten and Tasered by police, he was then charged with resisting arrest. 

Tucker says that when he went to District Attorney David Prater's office to file criminal charges against his arresting officers, he was interviewed by Officer Larry Baker. Officer Baker looked over the paperwork that Tucker gave him and stated that he would have handled the situation differently: Officer Baker said he would have shot Tucker.

Tucker has had four surgeries since the incident and is scheduled for another. He experiences migraine headaches, presumably from the electric shock, and excruciating pain doing certain movements from the kicking. Tucker is an armed security guard who has worked alongside officers in the sheriff's department. He recognized that his rights had been violated, and he sued for police brutality. Tucker, a black man, was given an all-white jury and lost his case against police. He did not have the finances to file appeal timely.

TARGETING AND INTIMIDATION. Since Tucker made it plain that he planned to sue police for his abuse, he was apparently targeted by the Oklahoma City Police Department for retaliation. When he was released from jail on the resisting arrest charge, Tucker informed the hospital that he wanted to make a police report about the injuries the medical personnel documented and have photographs taken of his Taser burns. Tucker says he was Tasered by two police officers, one of whom was not certified in Taser use. Oklahoma is said to be the Taser death capitol of America (see a link about that designation below). 



The hospital apparently called the police to take the report and photograph Tucker's injuries. A police officer appeared in Tucker's hospital room, where Tucker was alone, and stood silently with his arms folded. When Tucker asked why he was there, the officer announced that he was one of the eleven policemen who were at the scene during Tucker's arrest. For Oklahoma City Police Department to send one of Tucker's potential defendants to take the police report was inappropriate, to say the least. Tucker considered it to be extreme intimidation.

Tucker has been stopped by police numerous times since his lawsuit was dismissed, although at no time was Tucker committing any crime. He had never been stopped by police before July 3, 2010, the night of his only arrest. During one traffic stop, Tucker and his teenage son were held in the back of a police car for 1.5 hours in clear view of the public. It was humiliating for them both. Moreover, Tucker was frightened for himself and his son, taking into account his beating and Tasering without provocation.

The most frightening development is that Oklahoma City Police Department has posted a picture of Tucker on its bulletin board with information stating that Tucker is combative and dangerous to police and that Tucker is disgruntled over losing his lawsuit alleging police brutality. Tucker was informed about this targeting by an officer, and it was admitted to an NAACP officer who called the Oklahoma City Police Department to verify that Tucker's photo is before police officers labeling him as being disgruntled, combative, and a danger to police. 

Tucker said that he has at no time made threats to police officers, and neither has he taken any actions that can reasonably be perceived as threatening to them. Tucker merely operated within the law to file a police report about his abuse and a civil action in District Court. He operated within his rights and according to the law. Tucker continues to work as an armed guard. He fears that Oklahoma City Police Department made him a target for another beating and false arrest or possibly worse. Tucker seeks an attorney to sue the Oklahoma City Police Department for its pattern of intimidation and targeting as well as libel and defamation of character.

U.S. Code 242, Section 18 protects Americans, particularly minorities, from police retaliation that Tucker describes. The continuous traffic stops and provocative slander about Tucker on the Oklahoma City Police Department's bulletin board appear to be punitive actions against Tucker for operating in his "rights that are protected by the Constitution or laws of the United States." The code states:

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

U.S. Code 42, Section 1983 states:

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

U.S. Codes 42, Section 1983 and U.S. Code 242, Sec. 18 are indeed great legal victories. However, victims of abusive practices under the color of law must have legal representation to make America "be true to what she said on paper" (MLK). Lawyers who are interested in speaking with Tucker about his intimidation, targeting, and slander are invited to email him at kingctuck25@cox.net .

Another African American plans to sue a police department for targeting him for continuous police stops and unwarranted arrests. New York Daily News reports, "Florida police were accused of racial profiling after stopping a man 258 times, charging him with trespassing at work. In the last four years Earl Sampson, 28, has been questioned by police 258 times, searched more than 100 times, jailed 56 times, and arrested for trespassing 62 times. The majority of these citations occurred at his place of work, a Miami Gardens convenience store where the owner says police are racially profiling [his employee]."
http://www.nydailynews.com/news/national/police-stop-man-258-times-charge-trespassing-work-article-1.1526422


Tucker's lawsuit against The (Johnnie) Cochran Firm has joined the list of lawsuits by former clients, lawyers, and law partners who sued The Cochran Firm for fraud, racism, and deliberate malpractice since Johnnie Cochran's death. Tucker is number 15 on the list at 
"Beware of Treacherous Lawyers - The Cochran Firm." 
http://freespeakblog.blogspot.com/2013/01/beware-of-treacherous-lawyers-cochran.html

OKC Is Taser Death Capital of the U.S.
http://thislandpress.com/roundups/okc-is-taser-death-capital-of-the-us/

Defamation and Malicious Falsehoods
http://catalogue.pearsoned.co.uk/assets/hip/gb/hip_gb_pearsonhighered/samplechapter/140825414X.pdf


Read about Tucker's lawsuit against The Cochran Firm at this link in The Cochran Firm Fraud blog
http://cochranfirmfraud.blogspot.com/2015/01/christopher-tucker-vs-cochran-firm.html
Paragraph 1 repeated: U.S. Code 42, Sec. 1983 and U.S. Code 242, Sec. 18 are legal victories for oppressed people. There is a growing necessity for lawyers to represent African Americans and other minority status people whose rights have been and are being violated. Christopher Tucker is one such individual. Tucker works as an armed security guard. He alleged targeting and brutality by the Oklahoma Police Department and fraud by The (Johnnie) Cochran Firm. Tucker spoke on "Human Rights Demand" channel at Blogtalkradio about these violations. Hear and share Tucker's interview at Human Rights Demand channel, taped January 7, 2015. It is available for listening 24/7 at http://www.blogtalkradio.com/humanrightsdemand/2015/01/07/christopher-tucker-vs-the-cochran-firm-and-oklahoma-city-pd
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