Notice to Monroe County court………… Commander Fitzpatricks

extenuation offiled Notice of Challenge 

dated Monday, 24 May 2010 

 

 

“By the pricking of my thumbsl something wicked this way comes.”-William Shakespeare Macbeth   

I stand this day silent; an innocent man forced to this place against my will. Oral accusations targeting me are not voidable; they are void! The government’s sinister design is betrayed by the exposition of prejudicial and predatory conduct in plain view.   

 

  

The government’s criminal conduct is outrageous! No genuine issue is present!  

  

Panic and frenzy clearly lay naked government depredations and fiction designed to crush innocents perceived capable of disturbing the public tameness.  

No written criminal complaint exists. There are no Sheriffs records or Police records. There is no narrative. I find no Grand Jury. 

In America, in matters regarding the adversarial environment of a criminal Court, it remains a pesky constitutional command only a quaint American custom that the accuser be made known to the accused. 

 I have searched for my accuser. I do not find one!

No Judge can receive these tortured and manufactured verbal accusations. No Judge can advance these malicious, manufactured and mendacious musings. No Judge can read these unsustainable and unexamined lies out loud in public.  

I stand this day silent; an innocent man forced to this place against my will. I make no answer! No one is permitted to answer in my name! 

/s/ 

Copy stamp from the Monroe County Clerk’s office 

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Militar officers feeding on each other with the yellow streak running down there back as they turn away from the “Constitution”

A Right to Lawful Command

By JB Williams

Members of the United States Military have sworn an oath to uphold and defend the Constitution and protect the American people from all enemies, both foreign and domestic. Soldiers, Airmen, Sailors and Marines have voluntarily accepted the duty to follow all lawful commands and whether Barack Obama & Co. likes it or not, lawful command begins with a lawful Commander-in-Chief. The US Constitution defines what a lawful Commander-in-Chief is, in Article II – Section I – Clause V.

More than 400 civil and criminal suits have been filed in countless courts across the country raising a myriad of challenges to Barack Obama’s legitimacy for the office of president, or Commander-in-Chief.

So far, every court has declined to hear any evidence against Barack Obama. Name one time in history when you could find not one court willing to ask the most obvious questions on a matter as pressing as who the president of the nation really is?

An Unlawful Commander

Under an unlawful commander, every order is an unlawful order. This means that above all other citizens, members of the military have a unique stake in the matter of who is issuing military orders, and as a result, a very real right to get an answer to that question.

It has been well established that no matter who Barack Obama’s real father might be, or where on earth he might have been born, he is NOT a ”natural born citizen” of the United States and he is therefore, ineligible for the office he currently holds.

Most of what Obama has stated we already know to be a lie. He has refused to release any records to document any part of his life, his birth, his education, his travel, his adoption in Indonesia or his association with a laundry list of anti-American evil-doers. Beyond the fact that most of the public propaganda on the man is not true, we know literally nothing about this person.

Members of the US Military are not obligated to take orders from such an individual. Commanding our troops is an honor and a privilege. The honor is reserved for only one individual at a time, and that individual must meet certain specific requirements or the honor is not theirs.

Members of the military not only have a right to question the lawfulness of their orders, they have a responsibility and an obligation to do so. If they act on unlawful orders, they have lost the protection offered by their uniform.

Another Attainder Courts Martial

Army Flight Surgeon Lt. Col. Terrence Lakin will stand before the military’s probable cause hearing commonly referred to as the “Article 32″ hearing on June 11th. On June 3^rd, Lt. Col. Lakin received word that his defense team will not be allowed to present or pursue any evidence concerning the lawful standing of his Commander-in-Chief.

As reported by Bob Unruh at WorldNet Daily, an Army Investigator named Daniel J. Driscoll issued an opinion stating the following;

“In my view our constitutional jurisprudence allows Congress alone, and not a military judicial body, to put the president’s credentials on trial,” – “It is my opinion the discovery items pertaining to the president’s credentials are not relevant to the proof of any element of the charges and specifications set forth in the charge sheet,” he continued. “Consequently I will not examine the documents or witnesses pertinent to the president or his credentials to hold office.”

“While Driscoll cited “Rule for Courts-Martial 405″ which allows “the production of witnesses ‘whose testimony would be relevant…’” he said questions about Obama’s eligibility – [which could certainly bear on the validity of military orders] – will be ignored.” – WND

Driscoll said those who have custody of Obama’s records – several Hawaii and various school officials – also will not be allowed to testify. Driscoll declined to respond to a WND request to comment on his ruling. – WND

It must be noted that without having delivered an official birth certificate, Driscoll himself could not put on a military uniform and could have no opinion in this matter at all. An allegedly forged COLB, such as that presented by FactCheck and Daily KOS on behalf of Barack Obama, would not be accepted by the US Military as an official “birth certificate.”

Further, the UCMJ (Uniform Code of Military Justice) is a punishment system based upon the antiquities of Roman martial law the British later adopted and sophisticated. Revolutionary war leaders–primarily John Adams–adopted the British Articles of War as a matter of urgent necessity. Both the colonial Revolutionaries and the British fought under the same rules for discipline. America’s Articles of War (since renamed the Uniform Code of Military Justice) have never been reconciled with the United States Constitution. Hence the birth of the attainder court-martial (no juries allowed).

In fact, Winthrop cites in quotation on page 49, Volume I of his treatise on Military Law and Precedents;

The UCMJ – “Not belonging to the judicial branch of the Government, it follows that courts-martial must pertain to the executive department; and they are in fact simply instrumentalities of the executive power, provided by Congress for the President as Commander-in-chief, to aid him in properly commanding the army and navy and enforcing discipline therein, and utilized under his orders or those of his authorized military representatives.”

This means that Lakin’s accused is also his accuser, the head of the Executive Branch, the Commander-in-Chief. It also means that Driscoll’s refusal to allow any evidence concerning Obama is both incorrect and highly suspect.

In a June 3^rd press release from Margaret Hemenway, Lakin’s press representative issued the following statement;

“Army refuses Lakin’s request to have president Obama testify and refuses to allow any witness or evidence from Hawaii or elsewhere on eligibility question – hearing to proceed on June 11^th.” – “LTC Lakin faces lengthy prison term for refusing to deploy to Afghanistan” – Obama Administration unleashes Army lawyers instead of releasing birth certificate…”

In essence, Lt. Col. Lakin is being denied any real defense. Without being able to present evidence supporting his claims that he has been issued unlawful orders, by an unlawful Command, he has no defense. Yet every member of the military is sworn to follow only “lawful orders.” The penalty for following unlawful orders can be extreme. The issue of “lawful orders” is clearly of utmost importance to every American in uniform.

A Failed Grand Jury Effort

At the same time, across the country in Monroe County Tennessee, another decorated career officer awaits his fate, in the hands of a corrupt Grand Jury which has also declined to accept evidence against Barack Obama for more than a year now.

LCDR Walter Fitzpatrick III began his search for truth and justice more than a year ago, when he attempted to enter evidence against Barack Obama’s legitimacy to hold office, into his local Grand Jury in Monroe County Tennessee.

Fitzpatrick was repeatedly blocked from entering that evidence into court by way of the citizens Grand Jury, which Tennessee code allegedly allows to be entered by any citizen presenting evidence or wrong doing by any elected or appointed official. The Grand Jury is supposed to be the checkpoint between the people and their government, wherein any citizen can present evidence against corrupt government officials.

After months of blocks from local law enforcement officers and court officials, Fitzpatrick filed a criminal complaint against local officials for obstruction of justice and was shortly thereafter arrested on April 1, 2010 – while trying to affect a citizen’s arrest upon members of the local system. Tennessee has some of the strongest citizen arrest laws in the country. But when it comes to Obama, no law seems to be in effect, anywhere in the country.

Fitzpatrick was incarcerated for days without food or water, while denied visitors, and stands charged with “committing actual  RIOT”” – based upon the four supporters present to video document events on April 1, “resisting arrest” for actually resisting police officers unlawful physical assault, while being frog marched off public property by the local Sheriff’s Department, “interrupting a meeting” by trying to affect a citizen’s arrest upon people in that meeting and “disorderly conduct” by trying to expose corruption and obstruction of justice in his local community.

On May 26, 2010, Fitzpatrick filed a challenge asserting that the Grand Jury he had already named in a criminal complaint was not eligible to hear his case, for obvious reasons. His accusers stand accused.

10^th District Senior Public Defender Richard Hughes notified Fitzpatrick by phone at 3:10PM on June 2^nd that a “new” Grand Jury had been formed for the purpose of hearing Fitzpatrick’s testimony on the morning of June 3^rd.

That turned out to be a false statement, as when Fitzpatrick arrived for his hearing, the same Grand Jury members had been assembled to hear testimony, absent Jury Foreman Gary Pettway, replaced by Foreman Angela Davis. Fitzpatrick was to testify before a jury he had already challenged and the outcome was no surprise.

Further, one witness to the events of April 1 showed up to testify and separately, his father showed up on Fitzpatrick’s behalf. Monroe County Sheriffs’ Deputies questioned both individuals and turned them out of the Courthouse. The son – denied his right to offer first hand testimony supportive of Fitzpatrick.

Today, Fitzpatrick filed new criminal charges in Monroe County Tennessee, not that there is any evidence of justice in the justice system in Monroe Country Tennessee, which might in part explain why Tennessee was recently ranked #1 – as the most corrupt state in the country.

No Justice

Hundreds of challenges to Obama’s eligibility have been filed in both civil and criminal courts and ALL of them have been dismissed on “lack of standing” before any evidence could be presented. In short, civil and criminal courts have repeatedly stated the following two points;

1. Obama’s eligibility is not our responsibility
2. No American has “proper standing” to question Obama’s constitutional standing

Now Military Courts are telling soldiers the same thing. It is not their responsibility and no member of the military has the right to ask any questions about their highly secretive Commander-in-Chief.

The Monroe County Grand Jury, allegedly established as the entry point for citizens to present evidence of wrong doing against officials, is essentially telling Fitzpatrick the same thing. It’s not their department and it’s none of his business.

Justice is officially beyond the reach of average citizens and even decorated military officers.

Not a “Natural Born Citizen”

In a series of columns, I delve into the meaning of the words “natural born citizen” – a special requirement for the offices of president and vice president. I also accept Obama’s own statements as fact, for the purpose of argument, even though I believe Obama to be a career liar.

In this series, we find that there is NO WAY for Barack Hussein Obama Jr. to qualify as a “natural born citizen” of the United States, and therefore, he is an unlawful occupant of the White House.

Here’s that series –

                DC Knows that Obama is Ineligible for Office

                The Bottom Line on Natural Born Citizen

                Obama Confirmed Ineligible for Office?

                Our Undocumented White House Resident

                Obama’s Natural-Born Useful Idiots

The Bottom Line

Based upon all available research and evidence, I am very confident in stating that Barack Hussein Obama is ineligible for the office of Commander-in-Chief. This means that every order given under his command is an “unlawful order.” Every bill signed by Obama or executive order issued by Obama is also unlawful and unconstitutional. It also means that every individual questioning Obama’s authority has a reasonable purpose for doing so.

But it should be clear to every American at this point – that no court in this land is going to uphold and defend the rule of law or the US Constitution when it pertains to Barack Hussein Obama. Members of the military are going to be jailed for questioning the lawfulness of their orders. Any citizen who dares to question Obama’s authority will be treated as a “crackpot” at best, a “potential domestic terrorist” at worst.

The entire justice system has been eliminated as a peaceful option for redress concerning Barack Hussein Obama. No court in this land will allow any American citizen, civilian or soldier, to question the legitimacy and authority of this particular president.

Our justice system has failed. It has failed at the highest level, to uphold the US Constitution and protect the people from all enemies, foreign or domestic.

Far more troubling than the truth about Obama himself, is the truth about our broken legal system. Without a right to peaceful redress in the courts, what remedies remain?

Sources

http://www.wnd.com/index.php?fa=PAGE.view&pageId=161961

http://canadafreepress.com/index.php/article/22221

http://canadafreepress.com/index.php/article/22262

http://canadafreepress.com/index.php/article/22606

http://canadafreepress.com/index.php/article/22782

http://canadafreepress.com/index.php/article/23043

    JB Williams

The only thing getting stung is “America”

Unite and Fight…………. Citizens Tsunami 2010

80% of the Country want’s to know,,,, Treason about covers it.

Another article by: JB Williams……………………..

The Constitution is based on Natural Law and Natural Law is God’s Law. Rules are made by men for men, and that’s why you have no standing.

                         

by Citizens’ Tsunami (Flight Line) and The JAG HUNTER

Events of Tuesday, 20 April 2010 swirling about Monroe County Tennessee–centered in Madisonville–graphically depicted government oppression in action preying upon a lawful, peaceful citizenry.

These same events once again exposed a complicit, socialist press. As champions of government tyrants they demonize regular law abiding folks like the Keller family children and their parents, and the Citizens and Veterans standing with them last Tuesday morning.

We discovered more on Tuesday. Two Oath Keepers were profiled. Chaplain and Navy Vet. Darren Huff was the first. Steward Rhodes the next. Rhodes was exposed as an infiltrating Mole to an Oath Keeper audience among them Marine Corps Sergeants Bill Loomin and Rand Cardwell.

Rhodes gave himself up as a Mole for the leftist press and high-level military/political handlers.

The job assigned to Rhodes is to pacify an other wise agitated and glowingly anxious task force of U.S. servicemen ready to take their Country back. In the bargain Rhodes is enriching himself while laughing up his sleeve at us.

Item: As real Oath Keepers want you to look directly at Gary Pettway’s 27-year career as Monroe County Grand Jury Foreman, Stewart Rhodes is in overdrive trying to make us all look away!

Item: Rhodes is frantic trying to remove video captured regarding Chaplain Huff’s felony stop near Madisonville. Rhodes doesn’t want you to view the video. Rhodes doesn’t want Oath Keepers to be associated with the video.

The undoing of Stewart Rhodes is as much an unintended consequence as it is timely. A new lease on life to The Genuine Oath Keepers to be sure. A chance to chart a new course with a new skipper.

Regroup and reorganize. ELECT new leadership. Review and revise the mission(s). Move out, move on. ENGAGE the ENEMY!

Get rid of the pacifist Rhodes. Stop talkin’. Follow leaders like Huff, Loomin and Cardwell who’ve started doin’. Real Oath Keepers who’ve gone active. Follow them and stay Active!

(oh…turn off your T.V.s. It’s a waste or your time and it’s wasting our children!)

———————————————————————————————————————————————-

Stewart

I watched the interview of you on TV…with all due respect, I was shocked.  Shocked that you acted and talked like such a WIMP…pardon the term, but I don’t know how else to put it any nicer.  If you insist on going on TV, please grow a backbone and hold your own about your group and not let those liberals make you and the members out to be some group of renegade thugs…!!  SPEAK UP MAN..!!  How do you expect us to follow you when you don’t lead the way with STRENGTH and conviction to what you stand for.

By the way…what do you stand for other than educating law enforcement of our constitutional rights…?

I was also Shocked that you weren’t in TN this week for an incident as important involving that TN corrupt judge, sheriff and grand jury foreman. 

We out here thought the Oath Keepers to be guardians for US as citizens…to be there to support us IF we get in trouble with the law because we exercise our rights…not violent things some folks might do, but as an example, the Walter Fitzpatrick issue in TN….WHY weren’t “YOU” there…??   I didn’t hear or see YOU in the video, which by the way, I commend Carl Swensson for having the backbone to do ALL that he does for us and this nation and for taking a FIRM stand against the law who made several violations of his and Darren’s rights that day.  WHAT have YOU done about that Stewart…? 

  I haven’t heard ONE word from you backing Carl and Darren.  Are you on the side of law enforcement or what specifically DO YOU DO…?  Is this going to be another deal like the Minutemen that self divides from lack of good leadership…?  What a shame that would be.  I absolutely do NOT advocate violence, but I darn well DO advocate taking a FIRM stand and  knowing HOW to take a stand on camera to those who try to take one down, how to support members and those in this country who do the jobs other wimpy men won’t do…!!  Frankly, IMO and that of MANY others, “YOU” should be taking the kind of firm stand that men like Carl Swensson, Dave Buess, Rod Class, Bob Schultz, Bob Campbell and all the other GREAT PATRIOTS on the FRONT lines sticking their necks out for what’s right….!!! 

They do NOT back down one inch, but stand their ground for what’s right according to our constitution.  Brave men…and I thank God for them.  Now as to you Stewart, I ask you to grow a backbone…speeches are fine, but what we need are Oath keepers who aren’t afraid to get out front and support fellow Americans who are exercising their constitutional rights and being attacked by courts and law enforcement.  Cops already know our  rights…!!  What they NEED is to get a taste of us standing our ground FOR our rights.  Otherwise they will continue to bully us and try to violate our rights and YOU KNOW IT. 

You also KNOW there are CORRUPT cops and judges.  I should think Oath keepers would support issues like the TN deal….there should have been a HORDE of you there including yourself.  So we will be watching you Stewart and we in my email circles are about 3 million strong. We will see if YOU personally take a stand with our GREAT PATRIOTS or if you stand back and do nothing or worse, don’t ask your members to get involved and take a stand in support of others on the battle field.   

 What’s happening to Walter Fitzpatrick is totally AGAINST his rights and you SHOULD KNOW IT and be there to support him …..one more thing…is it against your rules to also be a member of a state militia…?

Please reply back with some kind of statement that I can send out to those who email and call me asking about you not taking a FIRM stand and supporting TN and our patriots.  We WANT a group of men committed to SUPPORTING our rights…to be there IN PERSON ON THE BATTLEFIELD supporting our infantry…!!

Profiling at it’s best,,,,, They make up the rules, Then turn it into “LAW”

Video by: Carl Swenson,,,,,,,,,   Monroe County profiling. No was not a minority, just an American. Darren Huff in support of Navy LtCom. Walter Francis Fitzpatrick III. 

More Here: JAG Hunter   and  Here  Rise up for America

The story is far from over !

No place to hide,,,,, You need to take part and take it back.

So………. Get up and do some thing,,,,,,, People are the power, People have the power……. Unite and Fight

Precedence on CITIZENS arrest……. Just trying to help you out down there in Mayberry

110 F3d 64 Sisk v. Shelby County Tennessee

110 F.3d 64

Jerry SISK, Plaintiff-Appellant,
v.
SHELBY COUNTY, TENNESSEE; Shelby County Sheriff’s
Department; and Steven Toarmina, Individually and
in his official capacity as agent for
Shelby County, Tennessee,
Defendants-Appellees.

No. 96-5379.

United States Court of Appeals, Sixth Circuit.

April 1, 1997.

NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.

Before: JONES, SUHRHEINRICH, and SILER, Circuit Judges.

SILER, Circuit Judge.

1Plaintiff, Jerry Sisk, appeals the district court’s dismissal of this action to recover for civil rights violations pursuant to 42 U.S.C. §§ 1983 and 1985. Specifically, Sisk argues that the defendants, Shelby County, Tennessee, Shelby County Sheriff’s Department, Sheriff A.C. Gilless, and Stephen Toarmina (collectively, the “Defendants”), violated and conspired to violate his Fourth Amendment right to be free from unreasonable searches and seizures.1 For the following reasons, the court AFFIRMS the decision of the district court.

I. BACKGROUND

2At approximately 1:00 a.m. on January 23, 1994, Sisk, returning home from a social engagement, was driving east on Knight Arnold Road in Memphis, Tennessee. Near the intersection of Knight Arnold and Hickory Hill, Sisk observed a car exiting a private driveway and attempting to cross Knight Arnold Road by driving south across all lanes of traffic. The car narrowly missed colliding with Sisk’s vehicle. Believing that he had the right-of-way and that the driver of the approaching car was operating his vehicle in a dangerous and erratic manner, Sisk flashed his bright lights at the driver, Toarmina.

3Sisk subsequently proceeded to his home, which was a few blocks away from the near collision. As he turned onto his street, he noticed what he believed to be “a legitimate law enforcement vehicle with its emergency lights operating” quickly approaching him. Sisk assumed that the vehicle was pursuing someone else and continued driving down his street. Directly in front of Sisk’s house, Toarmina, the driver of the vehicle, forced Sisk to pull his car to the side of the road.

4Toarmina exited the police car and, drawing and aiming his pistol at Sisk, ordered Sisk to step out of his car. Sisk complied. Toarmina handcuffed and “verbally abused” Sisk and informed him that he was going “downtown” for driving under the influence. Toarmina also called other “legitimate” law enforcement deputies to Sisk’s house. During the arrest, Sisk was twice sprayed with pepper spray and struck on the side of his head with a blunt instrument. Sisk does not allege in his complaint who committed these acts.

5Sisk went to trial on the driving under the influence charge. Toarmina testified at the trial, holding himself out as a duly authorized law enforcement officer. On September 28, 1994, a jury found Sisk innocent of the charge.

6During the first half of 1995, The Commercial Appeal, a Memphis newspaper, reported that Toarmina had been acting as a renegade police officer by exceeding the scope of his duties as a Special Deputy. Upon reading the article, Sisk began to suspect that something had been amiss with respect to his arrest. He subsequently learned that Toarmina was only a Special Deputy to Sheriff Gilless and that the purpose of the Special Deputy program was to assist and advise the Sheriff’s Department in a non-law enforcement capacity. Special Deputies were not duly commissioned law enforcement officers and did not have the authority to engage in actual law enforcement activities such as making arrests. Toarmina, however, had for several years been performing law enforcement duties as a Special Deputy and, on numerous occasions, had stopped and arrested persons whom he suspected of breaking the law. Sisk also learned that Toarmina had conducted these law enforcement activities with the knowledge, consent, and encouragement of his superiors, including Sheriff Gilless and Shelby County.

7On September 28, 1995, Sisk filed the instant action, alleging his Fourth Amendment claim and state law claims of negligent or intentional infliction of emotional distress and assault and battery. The Defendants moved to dismiss Sisk’s claims under sections 1983 and 1985, arguing that the one-year statute of limitations expired on the anniversary of the challenged arrest, eight months prior to the filing of the complaint. The district court found that Sisk’s excessive force claim accrued on the date of his arrest and, thus, was untimely filed.2 The court found that Sisk’s false arrest and conspiracy claims were timely because the statute of limitations on those claims did not begin to run until early 1995, when Sisk first discovered Toarmina’s status as a Special Deputy. The court, however, dismissed the suit, finding that Tennessee law authorized arrests made by private persons.

II. DISCUSSION

8Assuming, without deciding, that Sisk has a right not to be arrested by a Special Deputy and accepting as true his allegations that he was unaware of Toarmina’s status as a Special Deputy until early 1995, the complaint alleges facts from which one could infer that Sisk was unaware of his injury until he read the article in The Commercial Appeal. However, we also assume, without deciding, that the Fourth Amendment and conspiracy claims were timely filed, as we can resolve this case on the claims made.

9Tennessee law authorizes arrests by private persons. T.C.A. § 40-7-101(3). A private person may arrest another:

10(1) For a public offense committed in his presence;

11(2) When the person arrested has committed a felony, although not in his presence; or

12(3) When a felony has been committed, and he has reasonable cause to believe that the person arrested committed it.

13T.C.A. § 40-7-109(a)(1)-(3). When a private person makes an arrest, he or she must “inform the person arrested of the cause thereof, except when he is in the actual commission of the offense, or when arrested on pursuit.” T.C.A. § 40-7-111. The arresting citizen must also take the arrestee, without unnecessary delay, before a magistrate or deliver the arrestee to a police officer. T.C.A. § 40-7-113.

14A police officer acting beyond his or her authority may use the citizen’s arrest statute to validate an otherwise unlawful arrest. In State of Tennessee v. Johnson, 661 S.W.2d 854 (Tenn.1983), cert. denied, 476 U.S. 1130 (1986), the Tennessee Supreme Court applied T.C.A. § 40-7-109 to the actions of a sheriff’s deputy who effected a warrantless arrest of a defendant outside his jurisdiction. Using the citizen’s arrest statute as a savings provision, the court upheld the arrest. Id. at 859. It found that, even if the deputy was limited to the authority of a private person, he was authorized to arrest the defendant under T.C.A. § 40-7-109(a). Id. In United States v. Layne, 6 F.3d 396, 398-99 (6th Cir.1993), cert. denied, 114 S.Ct. 1374 (1994), the court followed Johnson and held that an arrest made by Tennessee police officers outside their jurisdiction, when predicated on probable cause, did not violate the Fourth Amendment because the officer’s actions were authorized as a citizen’s arrest.

15In the case at hand, Toarmina’s actions were authorized as a citizen’s arrest. First, driving under the influence is a public offense. See, e.g., State of Tennessee v. Durham, 1995 WL 678811, at * 2 (Tenn.Crim.App. Nov. 16, 1995) (unpublished opinion) (finding that citizen’s arrest statute authorized police officer to arrest defendant for DUI outside of officer’s jurisdiction).3 Second, the incident occurred in Toarmina’s presence.4 Third, Toarmina informed Sisk of the cause of the arrest when he told Sisk that he was “going ‘downtown’ for DUI.” Fourth, Toarmina delivered Sisk to sheriff’s deputies without unnecessary delay.

16Although Sisk argues that Toarmina cannot use the citizen’s arrest provisions because he held himself out as an authorized deputy, Layne and Johnson allowed police officers acting under color of their police authority to later use the citizen’s arrest statute to validate otherwise unauthorized arrests. Moreover, the court in Durham expressly rejected this argument: “The Defendant also argues that the officer in the case sub judice was on duty and stated that he was acting as a police officer at the time. Again, we do not believe the distinction is meaningful.” 1995 WL 678811, at * 1.

17The district court properly dismissed Sisk’s section 1983 claim because Toarmina’s actions did not violate the Fourth Amendment. Additionally, because Sisk cannot articulate a cognizable Fourth Amendment claim, the district court properly dismissed his section 1985 and respondeat superior claims and properly dismissed Sisk’s state law claims for lack of subject matter jurisdiction.5 Because the court finds that Toarmina arrested Sisk under the citizen’s arrest statute, the court declines to address Sisk’s claim that he has a constitutional right to be arrested only by an authorized police officer.

18AFFIRMED.

1The complaint incorrectly lists Stephen Toarmina as “Steven” Toarmina

2Sisk does not appeal the district court’s dismissal of his excessive force claim

3Tennessee Court of Criminal Appeals Rule 19(4) allows for citation of unpublished opinions

4Sisk does not allege that he was arrested without probable cause. To the extent that he does so allege, he was aware of any lack of probable cause on the date of his arrest. Consequently, any probable cause claim is untimely

5Sisk’s § 1985 claim alleged that the Defendants conspired to violate his Fourth Amendment rights. An allegation of conspiracy without a proven constitutional deprivation is insufficient to support a § 1985 claim. See Johnson v. Hills & Dales Gen. Hosp., 40 F.3d 837, 839 (6th Cir.1994) (stating that to prove a violation of § 1985 plaintiff must show deprivation of constitutional right or privilege), cert. denied, 115 S.Ct. 1698 (1995)

• 110 F.3d

Click Here……..

One POTUS will not be able to run from,,,,,,,Add Commander Fitzpatricks Treason complaint

Wednesday, April 14, 2010 Obama on my Mind America is coming apart at the seams. There is no doubt about this, as a week ago just minding my own business a clerk went into a speech about the government taxing poor people and today I had a clerk follow me around telling me that he could not stand Obama, repeatedly. There are real signs in this that this is not just the Silent Majority, but a coup of sorts is building in Washington, DC and across the Limbaugh fruited plain. Arizona is arresting illegals by the bushels in direct in your face to Obama. In Washington, the Post’s star reporter in Dana Milbank has had a two week field day on the Obama’s in calling Michelle “milk toast” and in the Obama nuclear summit, literally using the word OCCUPANT for Barack Hussein Obama as former leader of the free world. Those types of situations coming from the liberal elite reveal a Rockefeller fracture in the Obama regime and things are now progressing that even a fringe person like Ron Paul without his Paulites rigging polls is about dead even with Obama in a Presidential run. Once again, Hillary Clinton’s name is surfacing as the coup against Barack Obama is coming full steam ahead. Thee absolute best news in this, or series of best news events is the Pentagon is going to court martial Lt. Col. Terry Lakin. I was reading the NBC story on it and the Obama idiots over there in commentary were cheering this in calling this Patriot Terry Lakin a coward. These idiots could not read the handwriting on the wall as if Obama was in control of the Pentagon this would have been ignored as it was swept under the rug for all of 2009 when numerous military personnel were questioning Obama in court. This requires discernment, because a shift has occurred in the Pentagon. Roberts Gates in the press is being touted thee best Sec. of Defense in history. This means the Rockefellers are backing Gates. When one adds the court martial against Terry Lakin, where he literally will be able to demand PROOF of Obama’s passport, birth certificate and college loans to ascertain if Mr. Obama is legitimate or not for the light bird’s defense, this is pointing to the Pentagon is literally not only at odds with Barack Hussein Obama, but is affording an opportunity in performing a very American coup on Obama legally. This is why the Obamites on NBC cheering this are the absolute fools they are. They can not comprehend this IS thee last thing Obama wants, as he spent 2 million dollars hiding this, and now the military branch of the United States, which has absolute authority to remove an occupant of the White House is about to hold a trial on the very subject of Obama eligibility. That reveals the utter moronic stupidity Obama commenters are in whole as they are supporting something Obama is hiding and the indications are the Pentagon has just laid the groundwork to remove Barack Hussein Obama without impeachment, but by simple arrest. That is what this all means in scope and context. When the US Army holds this court martial, Lt. Col. Lakin must be afforded all evidence to defend himself. This means all of Obama’s documentation must be produced. If Obama denies this, then he is in violation of the military codes and he will be impeached or removed immediately from office. Court orders obtaining Obama’s papers being hidden if showing Obama took college loans under an assumed name, foreign grants, and his passport does not match his Pakistani claims of going there, all prove Lt. Col. Lakin is correct. The judgment then is the Constitutional crisis of world history in everything Obama has done is illegal. He is a criminal. Joe Biden can not assume the Presidency as he was on fraud ticket. Hillary Clinton can not assume the Presidency as she was appointed by usurper Obama. As this falls to Congress, Pelosi and Reid nor any member can assume the Presdiency as they were part of a fraud in installing Obama and criminals too. In reality, this falls literally to who the liberals have been touting in Robert Gates and possibly Scott Brown of Massachusettes as thee only people not touched by this fraud, except Sarah Palin as she had not part in voting for Obama to be in the White House. Literally America might be run by a civilian head of the Pentagon from the Bush administration until elections could be held, as Obama and the Obamites have literally tainted every political figure in the federal government. The clerk who was chanting at me today that he could not stand Obama, also made mention that the national guard troops he was speaking with were just as adament in their loathing Mr. Obama. I have noted time again the absolute scowling faces of “photo op” Soldiers, regardless of race, not looking the least bit pleased to being around an Obama who as of late was sorry that America was a Super Power. So for the NBC ignorant mob, they will rue the day they cheered this, as there is more going on here in the Pentagon taking this up and not sweeping it away as has been done for over a year. Dana Milbank is a sign, and the Pentagon brass are a sign that something has changed. This is not about leverage on Obama, but indicates something running much deeper. Obama has slapped the Veterans, the Soldiers, Catholics, Jews, Tea Partiers, the Dali Lama etc…. and it is now a force which the Rockefellers are involved as Kissinger and Associates were involved in this concerning Obama and nuclear munitions. I pray as the kings heart is in the Lord’s hand to do as God pleases, that God moves the judges in the court martial of Lt. Col. Lakin to do God’s will. This is a moment that the world will change forever in the defense of Terry Lakin. God bless him and God’s will be done in Jesus Name. Amen

Judge Carroll L. Ross, Mr. Steven Bebb, Sheriff William Bivins

Donation by Judy:  Law is the law……… Prolong detention is not going to work.  How do you get around the 5th and 14th amendments……. The hole is running out of light, most folks know when to stop.