Notice to Monroe County court………… Commander Fitzpatricks

June 28, 2010

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 

ShareThis


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

June 4, 2010

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 3rd, 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 3rd 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 11th.” – “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.

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

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


Monroe County………….. Up date and Breaking News

June 3, 2010

Breaking: Lt. Commander Fitzpatrick III to appear before new Monroe County Grand Jury

By JB Williams

Lt. Commander Walter Fitzpatrick III (Retired) is scheduled to appear before the Monroe County Grand Jury in Tennessee this morning, on charges of inciting a riot, interrupting an official meeting and resisting arrest – related to Mr. Fitzpatrick’s attempt to serve citizen’s arrest upon numerous members of the Monroe County justice system. – Mr. Fitzpatrick claims to be innocent of all charges and is representing himself in the case.

On May 26, 2010, Mr. Fitzpatrick filed a challenge with the Monroe County Clerk of Courts, Martha Cook, which in part, read as follows;

At 3:45 PM yesterday, 10th District Senior Public Defender Richard Hughes notified Mr. Fitzpatrick that a new Grand Jury had indeed been formed on the basis of Mr. Fitzpatrick’s challenge.

It is not yet known how the new Grand Jury was formed, or who sits on that jury in a small town where the local officials and news media have gone out of their way to slander Fitzpatrick and bias locals potentially sitting on that jury, against Mr. Fitzpatrick.

An update will be issued after today’s hearing. Commander Fitzpatrick keeps a blog updated for people following this story – http://thejaghunter.wordpress.com/

This entire fiasco began with Mr. Fitzpatrick’s attempt to present evidence and charges of Treason against Barack Hussein Obama to his local Grand Jury. Although this is supposed to be a primary purpose of a citizen Grand Jury, to date, no evidence has been allowed to be presented on the original matter.

Background on this developing story can be found here;

 

    JB Williams


Memorial Day,,,,,,,,, It has a history !

May 28, 2010

So we begin,,,,,,,, To all who have served and to the families who have given loan of loved ones.  With out your sacrifice this would not be home of the brave and the land of the free.  “Semper Fidelis” and have a blessed holiday.

World War I……………..

http://www.gwpda.org/photos/ 

 

World War II……………………….Normandy…………. “D” Day

 

Frozen Chosin…………..and some history of the forgotten war.

Vietnam…………….. welcome home………….. Thank you !

Desert Storm………

let’s not forget our coastal friends………. all part of the team !

Letters from Iraq………………

 

On may 28th 2010, we have now had 1,000 members of our armed forces die in Afghanistan. Now, add between both Iraq and Afghanistan our Country’s wounded warriers.  They are and represent the highest form of our citizenry and ALL volunteers.  What are you willing to do for the gifts they give you ?  Have they fought for generations so you can give your country away ?   Use these days to honor our men and women.  Hold and show this country’s families.  We respect them and their sacrifice.

Sunset Parade………… Let us put away the colors for tonight but  know while you sleep,  you can sleep well.  Happy Memorial Day and remember you can sleep because they keep watch.

If I ever go to war…
If I ever go to war Mom, Please don’t be afraid.
There are some things I must do, To keep the promise that I made.
I’m sure there will be some heartache, And I know that you’ll cry tears,
But your son is a Soldier now, Mom, There is nothing you should fear.
If I ever go to war Dad, I know that you’ll be strong.
But you won’t have to worry, Cause you taught me right from wrong.
You kept me firmly on the ground, yet still taught me how to fly.
Your son is a Soldier now Dad, I love you Hooah, Even if I die.
If I ever go to war Bro, There are some things I want to say.
You’ve always had my back, and I know it’s my time to repay.
You’ll always be my daybreak, through all of life’s dark clouds,
Your brother is a Soldier now, Bro, I promise I’ll make you proud.
If I ever go to war Sis, don’t you worry bout me,
I always looked out for you, but I can’t do that anymore,
Cause I’m a big bro to all in America.
I love you so much and you know that, Your brothers a soldier now Sis,
So wipe your eyes, I’ll be fine even if I die.
If I ever go to war my Friends, We’ll never be apart,
Though we may not meet again, I’ll hold you in my heart.
Remember all the times we had, Don’t let your memories cease,
Your friend is a Soldier now, Dear Friend, And I’ll die to bring you peace.
And when I go to heaven, And see that pearly gate,
I’ll gladly decline entrance, Then stand my post and wait.
I’m sorry Sir I can’t come in, I’m sort of in a bind,
You see I’m still a Soldier Sir, So I can’t leave them behind.
 

By PFC Jonathan W. Guffey – Alpha Company
101st Airborne 2/506th Infantry Air Assault – Iraq 2006
10 July 2006

The Lords Prayer for all in closing

For more on the Memorial Day celebration go here:  The JAG Hunter


Note from a Marine Vet………..

April 22, 2010
Re: Monroe County, Tenn. and video.
 
 WTH is wrong with you, Mr. Rhodes?
 
 A gentleman, an American citizen and Veteran, traveling along a public highway in Tennessee was stopped solely BECAUSE his car had an Oath Keepers sticker on it. …and the Oath Keeper member is in the wrong because????? Because he was stopped for displaying an Oath Keeper’s sticker???? That was a police state action he endured. A violation of The Constitution you claim to support and defend. It was not a violation of any laws of that state or of this nation by the citizen and Oath Keeper member in question. He was targeted because he is a member of your organization, not because of anything else he was doing or planning to do.
 
 If, in fact, he was stopped because he may have been planning to go anywhere or planning to do anything, are freedom of movement and freedom of association not constitutional issues? The 4th Amendment is now meaningless to you? Is the 1st amendment without merit? For you have attempted to use coercion and force to quiet his protestation against Oath Breakers, thus you are openly supporting the same Oath Breakers and government tyranny you claim to stand against.
 
 Are you a liar, sir? Are you an Oath Breaker? Are you a fool? Are you a quisling, sir? You discredit yourself, sir. Your cowardice discredits and dishonors the uniform you once wore. Grow a spine. Stand by your fellow Oath Keepers. Stand by your word, sir. Stand by your Oath. 
 
 However, others are not so readily intimidated by Oath Breakers such as yourself. Those are men to be admired.
Continue on your current course, sir, and real American Patriots – real Oath Keepers –  will point to you as a bad example.
 
s.
Warren “Bones” Bonesteel
Author and Researcher
SGT USMC 1976-1983
144 N. Ellsworth Rd.
Box Elder, SD 57719
warren.bonesteel@gmail.com

Truth and Consequences………….. Rules and Deceit !

April 21, 2010

Your Government at it’s best,,,,,,,,,,,,, Monroe county is the path to cleaning it up !

Unite and Fight………. Citizens tsunami in 2010


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

April 21, 2010

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.

April 19, 2010

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


The Battle of Athens, Tennessee

April 18, 2010

 

All though I have no crystal ball, history keeps repeating it’s self time and time again.  Congressman Dunking knows about this, the Fed’s know about this, State AG knows about this, Sheriffs know about this, Courts know about this and a multitude of Rep’s have been given direct information about the new government that exists down in Monroe County.  Here is a little “secret”  McMinn county has the same problem, Thought they would have learned the first time.

Read below about McMinn county just a few short years ago.  Unite and Fight,,,,,,,,, use the law and hold those responsible to do the job they wanted.

Why is the sessions court in trailers?   Money going some other place where the local Government can add to the collections box?  All these folks are connected through County office and power, a little digging goes a long way !

 

As Recently As 1946, American Citizens Were
Forced To Take Up Arms As A Last Resort
Against Corrupt Government Officials.

Published in Guns & Ammo October 1995, pp. 50-51

On August 1-2, 1946, some Americans, brutalized by their county government, used armed force as a last resort to overturn it. These Americans wanted honest open elections. For years they had asked for state or federal election monitors to prevent vote fraud (forged ballots, secret ballot counts and intimidation by armed sheriff’s deputies) by the local political boss. They got no help.

These Americans’ absolute refusal to knuckle under had been hardened by service in World War II. Having fought to free other countries from murderous regimes, they rejected vicious abuse by their county government.

These Americans had a choice. Their state’s Constitution — Article 1, Section 26 — recorded their right to keep and bear arms for the common defense. Few “gun control” laws had been enacted.

These Americans were residents of McMinn County, which is located between Chattanooga and Knoxville in Eastern Tennessee. The two main towns were Athens and Etowah. McMinn County residents had long been independent political thinkers. For a long time they also had: accepted bribe-taking by politicians and/or the sheriff to overlook illicit whiskey-making and gambling; financed the sheriff’s department from fines-usually for speeding or public drunkenness which promoted false arrests; and put up with voting fraud by both Democrats and Republicans.

The wealthy Cantrell family, of Etowah, backed Franklin Delano Roosevelt in the 1932 election, hoping New Deal programs would revive the local economy and help Democrats to replace Republicans in the county government. So it proved.

Paul Cantrell was elected sheriff in the 1936,1938 and 1940 elections, but by slim margins. The sheriff was the key county official. Cantrell was elected to the state senate in 1942 and 1944; his chief deputy, Pat Mansfield, was elected sheriff. In 1946 Paul Cantrell again sought the sheriff’s office.

At the end of 1945, some 3,000 battle-hardened veterans returned to McMinn County; the GIs held Cantrell politically responsible for Mansfield’s doings. Early in 1946, some newly returned ex-GIs decided to challenge Cantrell politically by offering an all-ex-GI, non-partisan ticket. They promised a fraud-free election, stating in ads and speeches that there would be an honest ballot count and reform of county government.

At a rally, a GI speaker said, “The principles that we fought for in this past war do not exist in McMinn County. We fought for democracy because we believe in democracy but not the form we live under in this county” (Daily Post-Athenian, 17 June 1946, p.1 ). At the end of July 1946, 159 McMinn County GIs petitioned the FBI to send election monitors. There was no response. The Department of Justice had not responded to McMinn County residents’ complaints of election fraud in 1940, 1942 and 1944.

FROM BALLOTS TO BULLETS

The primary election was held on August 1. To intimidate voters, Mansfield brought in some 200 armed “deputies.” GI poll-watchers were beaten almost at once. At about 3 p.m., Tom Gillespie, an African- American voter was told by a sheriff’s deputy that he could not vote. Despite being beaten, Gillespie persisted. The enraged deputy shot him. The gunshot drew a crowd. Rumors spread that Gillespie had been shot in the back; he later recovered (C. Stephen Byrum, The Battle of Athens, Paidia Productions, Chattanooga, TN, 1987; pp. 155-57).

Other deputies detained ex-GI poll-watchers in a polling place, as that made the ballot counting “Public” A crowd gathered. Sheriff Mansfield told his deputies to disperse the crowd. When the two ex-GIs smashed a big window and escaped, the crowd surged forward. The deputies, with guns drawn, formed a tight half-circle around the front of the polling place. One deputy, “his gun raised high…shouted: ‘If you sons of bitches cross this street I’ll kill you!'” (Byrum, p.165).

Mansfield took the ballot boxes to the jail for counting. The deputies seemed to fear immediate attack by the “people who had just liberated Europe and the South Pacific from two of the most powerful war machines in human history” (Byrum, pp. 168-69).

Short of firearms and ammunition, the GIs scoured the county to find them. By borrowing keys to the National Guard and State Guard armories, they got three M-1 rifles, five .45 semi-automatic pistols and 24 British Enfield rifles. The armories were nearly empty after the war’s end. By 8 p.m. a group of GIs and “local boys” headed for the jail but left the back door unguarded to give the jail’s defenders an easy way out.

Three GIs alerting passersby to danger were fired on from the jail. Two GIs were wounded. Other GIs returned fire.

Firing subsided after 30 minutes; ammunition ran low and night had fallen. Thick brick walls shielded those inside the jail. Absent radios, the GIs’ rifle fire was uncoordinated. “From the hillside fire rose and fell in disorganized cascades. More than anything else, people were simply shooting at the jail” (Byrum, p.189).

Several who ventured into the street in front of the jail were wounded. One man inside the jail was badly hurt; he recovered. Most sheriff’s deputies wanted to hunker down and await rescue. Governor McCord mobilized the State Guard, perhaps to scare the GIs into withdrawing. The State Guard never went to Athens. McCord may have feared that Guard units filled with ex-GIs might not fire on other ex-GIs.

At about 2 a.m. on August 2, the GIs forced the issue. Men from Meigs County threw dynamite sticks and damaged the jail’s porch. The panicked deputies surrendered. GIs quickly secured the building. Paul Cantrell faded into the night, having almost been shot by a GI who knew him, but whose .45 pistol had jammed. Mansfield’s deputies were kept overnight in jail for their own safety. Calm soon returned. The GIs posted guards. The rifles borrowed from the armory were cleaned and returned before sunup.

THE AFTERMATH: RESTORING DEMOCRACY

In five precincts free of vote fraud, the GI candidate for sheriff, Knox Henry, won 1,168 votes to Cantrell’s 789. Other GI candidates won by similar margins.

The GI’s did not hate Cantrell. They only wanted honest government. On August 2, a town meeting set up a three-man governing committee. The regular police having fled, six men were chosen to police Etowah. In addition, “Individual citizens were called upon to form patrols or guard groups, often led by a GI… To their credit, however, there is not a single mention of an abuse of power on their behalf” (Byrum, p. 220).

Once the GI candidates’ victory had been certified, they cleaned up county government, the jail was fixed, newly elected officials accepted a $5,000 pay limit and Mansfield supporters who resigned were replaced.

The general election on November 5 passed quietly. McMinn County residents, having restored the rule of law, returned to their daily lives. Pat Mansfield moved back to Georgia. Paul Cantrell set up an auto dealership in Etowah. “Almost everyone who knew Cantrell in the years after the Battle’ agree that he was not bitter about what had happened” (Byrum pp. 232-33; see also New York Times, 9 August 1946, p. 8).

The 79th Congress adjourned on August 2, 1946, when the Battle of Athens ended. However, Representative John Jennings Jr. from Tennessee decried McMinn County’s sorry situation under Cantrell and Mansfield and the Justice Department’s repeated failures to help the McMinn County residents. Jennings was delighted that “…at long last, decency and honesty, liberty and law have returned to the fine county of McMinn.. ” (Congressional Record, House; U.S. Government Printing Office, Washington, D.C., 1946; Appendix, Volume 92, Part 13, p. A4870).

THE LESSONS OF ATHENS

Those who took up arms in Athens, Tennessee, wanted honest elections, a cornerstone of our constitutional order. They had repeatedly tried to get federal or state election monitors and had used armed force so as to minimize harm to the law-breakers, showing little malice to the defeated law-breakers. They restored lawful government.

The Battle of Athens clearly shows how Americans can and should lawfully use armed force and also shows why the rule of law requires unrestricted access to firearms and how civilians with military-type firearms can beat the forces of government gone bad.

Dictators believe that public order is more important than the rule of law. However, Americans reject this idea. Brutal political repression is lethal to many. An individual criminal can harm a handful of people. Governments alone can brutalize thousands, or millions.

Law-abiding McMinn County residents won the Battle of Athens because they were not hamstrung by “gun control ” They showed us when citizens can and should use armed force to support the rule of law.

more commentary and news articles from that period at..
http://www.jpfo.org/athens.htm


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

April 18, 2010

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)

Click Here……..