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Occupy Kokomo protesters file suit against Howard County sheriff for civil rights violations

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Occupy Kokomo protesters filed a lawsuit Tuesday against the Howard County sheriff and members of the sheriff’s department, claiming violations of their civil rights.

The legal action stems from a melee in late 2011 that erupted after two of the protesters informed Sheriff Steve Rogers that the Occupy group would not be protesting at the Howard County Courthouse that day. In the complaint, the two protesters, Darren Burke and Gregory Lambert, both residents of Marion County, assert they were assaulted by the sheriff and his deputies and then falsely arrested and imprisoned.

Burke and Gregory claim the sheriff and his deputies violated their Fourth Amendment rights by employing excessive force in arresting them and by arresting and detaining them without probable cause.

The case, Darren Burke and Gregory Lambert v. Steve Rogers, et al., 1:13-CV-825, was filed by the ACLU of Indiana in the U.S. District Court of the Southern District of Indiana.

“Most law enforcement officers serve bravely and admirably to protect us and preserve the peace,” ACLU of Indiana executive director Jane Henegar stated in a press release. “However, when these public servants abuse the trust and power, we, as a people have given them, the ACLU will stand up to correct the wrong. In a free and democratic society, no person should be subjected to brutality and abuse at the hands of our government.”

Members of Occupy Kokomo had been protesting at the county courthouse during the last week of 2011, generally staying on the east steps of the building and the lawn. On Dec. 30, 2011, Burke, Lambert and some other members entered the courthouse to tell Rogers and his staff that the protesters would not be demonstrating that day.

Burke and Lambert then turned to exist the building, and the sheriff began walking away. However, another protester, David Fox, asked the sheriff about a court order issued the previous day in Howard Superior Court that prohibited anyone wearing a mask from entering the courthouse.

As Fox was questioning Rogers, the sheriff told Burke to remove the dollar bill which he had taped over his mouth as a sign of protest. At this point, according to the complaint, Rogers attempted to remove the dollar bill from Burke’s face, then the sheriff deputies shoved Burke against the wall, tackling him to the ground and handcuffing him.

The complaint also asserts that Lambert was shoved so violently against a wall by Lt. Kurt Goerges of the Howard County Sheriff’s Department that Lambert suffered a concussion and lost consciousness.

A video was taken by the protesters of the incident. The complaint notes the picture becomes blurred and difficult to follow but the audio is still decipherable.

Lambert and Burke were retained for seven hours and 30 hours, respectively, at the Howard County Criminal Justice Center before being released on bail. Both were charged with resisting law enforcement as a Class A misdemeanor. Additionally, Burke was charged with false informing as a Class B misdemeanor.  

Charges remain pending, although both Burke and Lambert have entered into pretrial diversion agreements under which charges will be dismissed if they comply with the conditions for six months.

 

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  1. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  2. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

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