Monday, October 31, 2011

NC judge rules cops are not govt employees

North Carolina Police Warned To Put Their Personal Property Into Someone Else’s Name!

This might be the single most important email I’ve ever received.

It’s just an email. It might be a hoax or a mistake. But I think it’s true. If it is, the whole damned governmental system is in jeopardy. It just might be time to break out the Champagne!

It appears that a North Carolina court has ruled that the “police” are actually working for private entities (private companies) and are not associated with The State of North Carolina. This ruling conforms to ideas I’ve advanced on this blog and on my radio show for several years.

Because the purported “police officers” are working for private companies, they are not entitled to official immunity. Thus, police officers are being warned to put all of their personal property into someone else’s name since it might otherwise be lost in the event that a “police officer” is sued for assault or some other kind of lawbreaking.

If the police are working for “private companies,” so are most of the judges, prosecutors, and local regulators and bureaucrats. That means they are all throwing their weight around without any real authority or personal immunity.
If this court ruling stands up, that means the whole damned, “privatized” system of “this state” is on the verge of a collapse.

I haven’t read the documents or other contents at the end of the links on this email. I haven’t confirmed the report. Take it with salt. But this sounds real to me. If it is, it’s cause for real, spectacular celebration.

We may have beat the bastards.

I won’t be surprised if the ruling is overturned or otherwise compromised. But it won’t matter. Enough will be learned from this ruling to cause other courts to ultimately rule against the “privatized” gov-co of “this state”.

There’s not a cop, prosecutor, or judge in the country that shouldn’t be afraid.

The jig is up.

The email follows:

North Carolina Police Warned To Put Their Personal Property Into Someone Else’s Name !

Post Oak Public Relations
978 – 635 – 9586

For Immediate Release


North Carolina Police Departments all over the state have warned their officers to put their personal property (houses, land, cars and other assets) into someone else’s name because they may now be subject to lawsuits from the People of North Carolina.

The warning was issued in response to the recent ruling that upheld that the local Police Departments in North Carolina are classified as “private entities” and NOT connected to the state of North Carolina.

Judicial Review Judge, Paul C. Ridgeway, Wake County General Court Of Justice, Superior Court Division, upheld a lower court ruling that most Public Officials / Agencies are “private entities.” Judge Ridgeway upheld the earlier (1.17.11) ruling of lower court Judge J. Randall May in Class v. NORTH CAROLINA, Case No. 10 DOT 7047 (now known as 11 CVS 1559).

The police officers will now also have to fund their own Surety Bonds.

Judge Ridgeway’s September 15, 2011 ruling creates a conflict in the public’s perception of basic government legitimacy because Judge Howard E. Manning, Jr (who recused himself in August 2011) declared in Mr. Class’ 4.21.11 hearing that “the Defendants were NOT ‘private entities’ or ‘private contractors’ “, but were “public officials.”

Are the judges confused ? Are these “government” agencies and officials NOT what they’re portraying to their constituents ? Are they immune because they’re “private” ? Do we actually have government “agencies” and elect “Public” Officials OR do we deal with “Private Entities” ? Is the public being frauded ? So many questions ! So many conflicts !

Here’s some background:

Judge May’s original 1.17.11 ruling:
Page 1
Page 2
Page 2A (marked for emphasis)
Page 3

Judge Ridgeway’s 9.15.11 ruling upholding Judge May is viewable at:

Mr. Class’ filing, that caused Judge Manning’s rambling recusal statement, that was the subject ofthe Ridgeway ruling, is viewable at

Judge Manning’s rambling recusal:

Mr. Class’ original suit (Case No. 10 DOT 7047) accused the named North Carolina Statedepartments and individuals with charges of Embezzlement of Federal funds from the local political subdivisions, and violations of the Right To Travel issue.

Mr. Class was acting as a Private Attorney General under provisions of an 1866 Federal Act, and was acting on behalf of all People, and political subdivisions “similarly situated” and affected by the charges in his Judicial Review.

Rod Class will be broadcasting live this Friday night (10.28.11) at 9:00pm Eastern on his Talkshoe channel at:

Mr. Class conducts twice weekly radio shows on Talkshoe and archives of previous shows are available at the above link.

Mr. Class may be contacted at or his office 704-742-3123 for details regarding the implications of Judge Ridgeway’s ruling and the court’s behavior in this action.

The website for all things Rod Class, including other actions he has in play, is at For a copy of one of the early filings that may have caused both court’s consternation:

Mr. Class has posted all of his filings, and responses from the court, and the defendants, on the Internet at various sites for the benefit of those in their efforts and interactions with these purported “private entities” (contractors), and to ensure that these rulings stay in the public domain and do not disappear !


Hiya. I’m a civil rights attorney up in NYC, and I’m afraid that y’all are misreading this a bit. I sue police officers and their departments all the time, but unless they are state troopers, they are not employees of the state per se- they are employees of the city they work for. Also, police are not agencies of the state in any event- state agencies, within legal jargon, are subdivisions of the executive branch (i.e., run by governor appointees) with authority to prescribe administrative rules that have the same force as law. Police don’t do that- they enforce the laws made by the legislature and interpreted by the judiciary. Sometimes badly, but you get the idea. This individual sued under a statute governing state agency rulemaking, and the court just ruled that neither the Dallas PD or the license plate agency are state agencies under the meaning of the statute. There’s no win here at all- dude just sued under the wrong law.

If you want to sue city cops or county deputies, you can sue the municipal corporation they are employed by, and/or sue them individually in their individual capcacity. If you want to sue state cops or fed cops, you sue the govt they are employed by, and/or sue them individually in their individual capcacity. Either way, you must use Section 1980 et seq of the Ku Klux Klan Act to bypass soverign immunity, must read and comprehend law textbooks on that unique procedure. A police dept is not a "person" and cannot be sued, only individuals and corporations are persons as defined by law. However, no corporate person has ever been given the death penalty, despite millions of confirmed murders. - The Dragonater

Final WERA Superbike race at Nashville Superspeedway

Intro using Adobe After Effects and Magix:

See also:

WERA Motorcycle Roadracing

First/Last Trackday at Nashville Superspeedway - NSS announces closure in 2012

Sunday, October 30, 2011

Cop accuses police of illegal ticket quota

League City Police Chief accused of illegal traffic ticket quotas

October 28, 2011

League City Police Chief Michael Jez and one of his captains stand accused of creating illegal traffic ticket quotas based on a formal complaint sent to the offices of the State Attorney General, the Galveston County District Attorney’s office and League City officials.

On Oct. 19, League City Patrol Officer Sean Arena sent a letter reporting “a violation of the law by my direct supervisors (Police) Chief Mike Jez and Captain Charles Slade” for establishing a traffic quota.

Arena is a six-year-veteran of the force and president of the League City Police Officers Association.

At a council meeting Tuesday (Oct. 25), Mayor Tim Paulissen and the council met with city attorney Arnold Polanco for more than three hours in closed session to discuss the issue. After about an hour, officials called Chief Jez behind closed doors to answer questions.

Back in open meeting, the council directed Polanco to take action “as directed in closed session”. When later asked what the council instructed him to do, Palanco declined to comment.

In his letter, Arena says Captain Slade met with Patrol Commanders in mid-October to discuss “traffic productivity issues”. Due to a decline in the number of tickets, all officers would now be required to write at least 10 citations a month or face disciplinary action.

Arena said the quota drew complaints from patrol officers the department policy was a “revenue grab” and clearly illegal.

On Wednesday (Oct. 26) the Bay Area Citizen contacted Police Chief Mike Jez to ask if the allegations were true, but he failed to return calls for comment.

Although Arena is President of the police union, his letter stressed he was speaking only for himself and not the LCPOA. He also said he was afraid reporting the illegal quota would cause police administrators to seek revenge.

“I am very concerned over retaliation, intimidation or discipline by members of the Police administration over coming forward with what I believe is a violation of the law,” Arena wrote.

When contacted by the Bay Area Citizen, Arenas deferred to his attorney, who also declined to comment. Arena is represented by attorneys Dan Kreiger and Greg Cagle on behalf of the Texas Municipal Police Association.

See also:

KPD cops accuse KPD of illegal quotas in Knoxville TN

TN Highway Patrol has an illegal quota of 700 tickets per trooper per year

THP increases biker tickets 11,400% on the Dragon

Knox County mayors pass state law banning police quotas

"It is illegal for law enforcement agencies to issue quotas for citations or arrests of individuals.... The Fraternal Order of Police strongly disagrees with this illegal action and respectfully requests you rescind this action of supervisors at the Knoxville Police Department. If it walks like a duck, quacks like a duck, it's still a duck. It's a quota."
-Edward Daniel, attorney at law and former KPD police officer

"Cops have a[n illegal] quota system."
-Sgt. James Eagan, New York State Police (Retired), from his book, A Speeder's Guide to Avoiding Tickets

The use of courts as local revenue-producing agencies is an abuse of the judicial process. It has long been recognized as unconstitutional for a judge's income to be dependent on the outcome of cases. But a similar result often occurs when the budget of a court is set in relation to the fines the court imposes or when a county or city comes to rely on whatever surplus is produced.
To Serve All People: A report from the Commission on the Future of the Tennessee Judicial System 1996

"I was put under pressure. It was like a race. How many more people can we get today?"
-arrested Knoxville, Tennessee, police officer describing the government's illegal quota

Ex-officers seek to stop traffic grants

By Daniel Borunda

Five former El Paso police officers have filed a request for an injunction against city officials, alleging police have an illegal quota system for traffic tickets.

The ex-officers claim they were forced to resign, but City Manager Joyce Wilson said the officers resigned when faced with termination linked to allegations of falsified time sheets.

The resignations come after an investigation began in late summer regarding the misappropriation of overtime linked to the Selective Traffic Enforcement Program, or STEP, grant. The investigation has since expanded beyond traffic grants.

A week ago, Lt. Alfred Lowe, head of the Crimes Against Persons Unit, was placed on administrative leave pending an investigation into overtime regarding a state grant paying for anti-gang operations.

The petition for an injunction was filed last week in the 34th District Court and seeks to stop the El Paso Police Department from using state traffic enforcement grants and alleges that a quota system is being used.

A hearing date is pending on the petition filed by ex-officers Luis Acosta, Ana Reza, Jorge Arellano, Michael Arzaga and Luis Alonzo Ortiz against Police Chief Greg Allen, Wilson and Mayor John Cook.

Each officer was with the department for more than 10 years until their resignations in late August and September. They are represented by lawyers Stuart Leeds and Theresa Caballero.

Leeds and Caballero provided the El Paso Times with a copy of an internal police email where a traffic sergeant complains to officers that not enough citations are being issued as part of a Click-It-or-Ticket seat-belt enforcement grant.

The May 26 email by Sgt. Jack Matthews of the Traffic Division stated "the performance standard set forth in the grant is a minimum of three seat-belt violations per hour of work per officer. If you think that you cannot meet this goal during your five-hour shift, then do not work the grant ... those that do not produce what is required will not be considered to work any traffic-related grants in the future."

Matthews was a past grant administrator, according to city documents, and retired Aug. 20, about the time the grants investigation was under way. Matthews has not been accused of wrongdoing.

Leeds said the email is proof that a quota system, though using a different name, is used by the Police Department in violation of state law.

"This proves this is all about money," Leeds said. "It is not about law enforcement and criminal justice. The people of El Paso are being hunted" for traffic citations.

Police and city officials denied the allegations. Police officials have said performance standards are not a quota system.

"These attorneys are representing their clients who resigned voluntarily in lieu of termination," Wilson said in a statement.

"The El Paso Police Department does not have a quota system and the issue at hand has nothing to do with quotas -- it has to do with falsifying time records. The lawsuit is without merit and our legal team is preparing a response."

Daniel Borunda may be reached at; 546-6102.

Here We Go Again…. “Yes, We Have No Quotas”

by Lawrence Taylor attorney at law

I’ve mentioned in the past that police agencies across the country use DUI arrest quotas — and almost uniformly deny the practice. See, for example, DUI Quotas, "Yes, We Have No DUI Quotas" and "Inside Edition" Documents DUI Quotas Across U.S..

The latest example of this supposedly non-existent practice:

Drunk-Driving Quota Case May Lead to Similar Efforts Elsewhere

Baltimore, MD. Jan. 6 – Even as prosecutors weigh an appeal of a Howard County judge’s decision to throw out drunken-driving charges and rule that they were tied to illegal citation quotas, defense lawyers are considering whether the same defense might apply to past or current cases.

District Court Judge Sue-Ellen Hantman’s ruling in a case against an Ellicott City woman has raised questions on both sides — as well as eyebrows around the legal community…

Hantman said the charges against Katie Majorie Quackenbush, 22, were linked to an illegal quota — a ruling based on a memorandum that police have said was intended to describe the requirements of a federal grant that paid overtime for officers to target drunken and aggressive drivers through "saturation patrols."

"I find any evidence in this case to be inadmissible," she said, according to a recording of her Thursday ruling, and that ended the prosecution. Nevertheless, the judge indicated that "I don’t think saturation patrols are in and of themselves illegal, merely the quotas."…

The police chief said a memo to officers that called for two to four citations per hour contained, “in retrospect, not the best wording,” and conceded that he “could see how it could be misinterpreted.” He said the department does not use quotas and had revised the memo.

The memo also told the officers on the drunken-driving and aggressive-driving saturation patrols that they usually produce “at or above these amounts.”

The federal funds come from the National Traffic Safety Administration to the state, according to Buel Young, a spokesman for the state Motor Vehicle Administration. Jurisdictions can apply for them.
So the police chief insists that "the department does not use quotas"…and that the memo was just "perhaps not the best wording"? Hmmmm…’s hard to see how "it could be misinterpreted": the departmental order that cops have to produce "two to four citations per hour" sounds pretty clear to me.

Interesting that the federal grant appears to have required police agencies to use quotas….

Saturday, October 29, 2011

Sons of Fox says 'You're getting fucked in the ass if you don't pay us 40% more $$$,' DirectTV tells Fox 'You're Fired!'

Sons of Fox FTP: Guess what's the Secret Ingredient in the police officers' chili this week?

FALL TV DEAD POOL: Furious 'Sons of Anarchy' Creator Tells DirecTV Viewers 'You're Getting Fucked Over'; Reveals Banned Script

Sutter, whose Sons of Anarchy airs on FX and is in jeopardy of being pulled next week should an agreement not be made, revealed on Monday that he filmed a promo that he says "will air before Tuesday night's episode" of his show. The point, he says, "is to mobilize fans against DirecTV." But Sutter said that he "had to follow an FX legal script that felt like complete bullshit. I'm sure it will serve it's purpose, but I feel compelled to let SOA fans know what I WANTED to say."

Part of the script that Sutter claims he wasn't allowed to use, states, "Starting Nov. 1, DirecTV is pulling FX from your box. That means you'll miss the last five episodes of Sons this season. Perhaps five of the most critical episodes of the series. I know Fox has a horse in this race, but they're trying to negotiate in good faith. DirecTV is shutting down all conversation and using their customers as leverage."

Sutter continues:

"In the process, you're getting fucked over. They're running ads with their corporate shill telling you how much 'they care about your business'; that dude's got one sincere hand on his heart while the other greases your unsuspecting backside. Because they're about to flip you over and fuck you up the ass till you bleed. ... Let 'em know they can't fuck with your Sons of Anarchy."

Fox's carriage agreement with DirecTV expired Sept. 30. Fox Networks includes FX, National Geographic Channel, 19 regional sports channels, Fox Movie Channel, Speed, Fuel TV, Fox Soccer and Fox Deportes. Fox broadcast stations and Fox News Channel are not involved in the negotiations.

Kurt Sutter says, 'I picked the wrong day to quit snorting crack'

Fox and its parent company, News Corp., were involved in a dispute with Cablevision last year and Fox channels were blacked out on Dish Network in October 2010 amid a dispute, during which Sutter called Dish "whores" on Twitter.

Kurt Sutter, whose FX drama is in danger of being pulled due to a Fox-DirecTV dispute, also praises network chief John Landgraf: "If it weren't for that guy, I'd be selling star maps and handjobs in front of the Motherlode."

Kurt Sutter signing off

Sons of Murdoch welcomes DirectTV customer, er, exec

Thursday, October 27, 2011

Marco Simoncelli RIP

"'If you watch the video, there's a moment where I'm in a lot of pain,' Colin Edwards began, 'then I kind of bend down and I'm looking at him for a couple of seconds and right there I'm like Fuck. We lost him. You just know.'"
-Cycle News, Edwards Talks About That Fateful Day

Like Uncini's crash -- no helmet. Neck and head injuries need more tech for all riders....mandated helmet retention straps connected to airbag suit with carbon-fiber neck brace? Would that have made any difference? Dale Earnhart's broken neck resulted in mandatory Hans Device for all NASCAR Cup racers, to prevent basil skull fractures.

Cycle News: The Darkest Day

Marco Simcelli 1987-2011

Cycle World

Marco Simoncelli, 24, tragically lost his life on Sunday when he crashed while racing for fourth place on the second lap of the Malaysian Grand Prix and was hit by Colin Edwards. Valentino Rossi was also involved in the accident. The race was red-flagged and, eventually, cancelled.

Simoncelli, the 2008 250cc world champion and a 14-time Grand Prix winner, lost traction on his factory San Carlo Gresini Honda RC212V, fell and the tangled mess of bike and rider was projected directly into the path of Edwards. Simoncelli’s helmet came off in the crash, leaving him unprotected. Edwards suffered a dislocated shoulder. Rossi ran off the racing surface but managed to remain upright.

Simoncelli had qualified fifth for the penultimate race of the 18-round season. One week earlier at Phillip Island in Australia, the Italian had placed second behind newly crowned series champion Casey Stoner. It was Simoncelli’s second podium of the season and best finish to date in the premier MotoGP class.

Race director Paul Butler held a press conference shortly after the race was called. The press was told by MotoGP medical director Dr. Michele Macchiagodena that Simoncelli suffered trauma to the head, neck and chest. Simoncelli was unconscious when medical staff arrived, explained Macchiagodena, and attempts to resuscitate him were unsuccessful. “Unfortunately, it was not possible to help him, and at 16:56, we had to declare he was dead.”

Butler said the accident “will be thoroughly investigated. Our sympathies go to his family, and we want to show every respect possible to Marco.”

Simoncelli moved up to the MotoGP class in 2010 and was a charismatic and controversial figure. Yamaha factory rider Ben Spies, who had withdrawn from the Malaysian GP due to injuries suffered in Australia, was in the television commentary booth with broadcast regulars Gavin Emmett and Nick Harris for the race. During the pre-race show, Harris noted that Simoncelli had received a fair amount of criticism earlier in the season for his aggressive riding.

“Yeah, he has,” agreed Spies. “But he’s come back from every time that’s happened and been fast. He hasn’t let it get to him. Honestly, I haven’t had too many problems with him. We had a good race in Mugello–two hard, clean passes. I think he’s learned from his mistakes. He definitely was a little overzealous with his passes early in the season. There are only 16 or 17 [riders] on the grid, and you want to keep everybody happy.”

Simoncelli was expected to remain with Honda in 2012. “Marco was a very nice guy and a very talented rider,” said HRC VP Shuhei Nakamoto. “Sometimes, I was a little harsh with him, but I wanted to motivate him, as I knew he was able to do even more. Now, I just want to say thank you to Marco for what you gave me and pass my sincere condolences to his family at this very sad time.”

Bridgestone’s Taka Horio added, “Simoncelli’s ascent through the field in just two seasons has been fantastic to watch, testament to his raw talent, ability and dedication to the sport he so loved.”

Kenny Roberts, Jr., 2000 500cc world champion, issued the following statement: “The entire Roberts Family is deeply saddened by the news about Marco. We wish to send our condolences to his family, friends, fans and MotoGP. We will never forget him.”

“I met Simoncelli this past summer and gained a sense of his easy energy, purpose and confidence,” said Cycle World Technical Editor Kevin Cameron. “There is no number of gravel traps that can prevent this kind of accident, in which a rider is tangled up with his own bike and kinetic energy carries them unpredictably into the paths of others. It is always perplexing to confront the leap from being into non-being. How can this be? No answer is satisfactory. I am sorry for the life that is lost.”

Simoncelli’s greatest on-track rival, Repsol Honda rider Andrea Dovizioso, said, “Marco was a strong rider, and he always pushed hard. We raced together since we were kids. I saw him always pushing to the maximum. He crashed many times but without major injuries. He seemed invincible. What happened today seems impossible.”

MotoGP Race Direction press conference: Marco Simoncelli

Paul Butler opened the press conference, saying: “The purpose of this press conference is to apprise you of the circumstances that resulted in the tragic death of Marco Simoncelli. You know who we all are, the Race Direction; Claude Danis who is the FIM representative, Javier Alonso the Dorna representative, Franco Uncini the riders’ representative, and I’m Paul Butler the IRTA representative and Race Director. Michele Macchiagodena is our Medical Director and he will explain to you the circumstances that resulted in this death.”

Michele Macchiagodena said: “I’m very sad to be here to report about the death of Marco Simoncelli, a friend. Because of the crash he had during the race, in which he was hit by other riders, he suffered a very serious trauma to the head, to the neck and the chest. When our medical staff got to him he was unconscious. In the ambulance because there was a cardiac arrest they started CPR (cardiac pulmonary resuscitation). Immediately in the Medical Centre, with the help also of the Doctor of our staff at the Clinica Mobile and local Doctors, he was intubated and it was possible to take off some blood from the thorax. The CPR was continued for 45 minutes because we tried to help him for as long as we thought it was possible. Unfortunately it was not possible to help him and at 16:56 (local time) we had to declare he was dead.”

Paul Butler responded to a question about Marco Simoncelli’s helmet coming off in the crash by saying: “I think if I may reply, that will be for another occasion. Quite clearly the consequences and circumstances surrounding the accident will be thoroughly investigated.”

Answering a question about the condition of Colin Edwards, who was involved in the incident, Michele Macchiagodena said: “He had a dislocation of the shoulder and with anaesthesia the shoulder now is in the correct position. He is fine.”

Paul Butler concluded the press conference by adding: “Our sympathies go to his family and we want to show every respect possible to Marco.”

Over 50,000 fans expected to attend Marco Simoncelli’s funeral

Marco Simoncelli’s funeral will take place in Italy tomorrow (Thursday) with more than 50,000 fans expected to attend.

Italy has been a nation united in grief since the popular 24-year-old died from multiple injuries sustained in a second lap incident during Sunday’s Malaysian Grand Prix at Sepang.

Simoncelli lost control of his Honda RC212V machine at Turn 11 and was struck by American Colin Edwards and nine-times world champion Valentino Rossi.

The San Carlo Gresini Honda rider’s body arrived from Kuala Lumpur in Rome on Tuesday morning and the funeral service will take place in the church of Santa Maria Assunta in Coriano at 3pm (Thursday). The former 250GP world champion will be buried in the cemetery of his home town close to Riccione on Italy’s Adriatic coast.

Close friend Rossi, Dorna CEO Carmelo Ezpeleta and former world champion Jorge Lorenzo will attend the funeral service.