Posts Tagged ‘Discrimination’

Kentucky Rowan County Clerk’s Deputies issued licenses valid according to Kentucky law

September 14, 2015

Arguments about whether or not marriage licenses issued by Rowan County Clerk Kim Davis’s assistant clerks are valid are nonsense as Kentucky statute specifically states that;

“Any duty enjoined by law or by the Rules of Civil Procedure upon a ministerial officer, and any act permitted to be done by him, may be performed by his lawful deputy”

There is no requirement that the deputy has to have the permission of the clerk to perform their duties.

Kentucky Statute – 61.035 Deputy may act for ministerial officer. Any duty enjoined by law or by the Rules of Civil Procedure upon a ministerial officer, and any act permitted to be done by him, may be performed by his lawful deputy.

However, there is a state law that makes it a crime for an official to refuse to perform their statutory duty.

Kentucky Statutes 522.020 and 522.030 deal with official misconduct in the first and second degree, respectively. “A public servant is guilty of official misconduct in the first degree when, with intent to . . . deprive another person of a benefit, knowingly . . . refrains from performing a duty imposed upon him by law or clearly inherent in the nature of his office or violates any statute or lawfully adopted rule or regulation relating to his office,” .

Official misconduct in the first degree is a Class A misdemeanor and is punishable with imprisonment not to exceed 12 months and fines of $500. Official misconduct in the second degree is a Class B misdemeanor and carries a potential punishment of up to 90 days imprisonment and fines of $250.

Kentucky Statute makes it the county clerk’s duty to issue marriage licenses.

Kentucky Statute 402.080 Marriage license required . No marriage shall be solemnized without a license therefore. The license shall be issued by the clerk of the county [emphasis added]

Therefore, the County Sheriff and Attorney would be within their authority and duty to arrest and charge Kim Davis for failure to perform her sworn duty to uphold the law and issue marriage licenses, either for straight or gay couples. She after all, has committed this crime.

Our Answers to Our Problems – You Tell Me!

January 11, 2009

 What we can do is only limited by our will and our imagination. We must think out-of-the-box. We must work together and resolve our differences. We use a very small portion of our intellectual potential. Anything is possible when there is respect, cooperation, long-term vision, and love for our fellow man – no matter his condition or position in our lives. Nothing is set in concrete. The fundamental beauty of man is our adaptability and creativity. It is a pity that it is usually wasted in petty materialism, bias, totalitarian restrictions, and hatred built by centuries of defamation. Man does not evolve in small steps, but there are significant leaps. I believe strongly, we are about to make one. Join in our national discussion – send me your suggestions for solutions to problems of our times. For a discussion of health care problems see:

http://www.ourpresidency.com/profiles/blogs/basic-principles-for-a

Illinois Corruption Extreme – Quadraplegic Hispanic Man Convicted of Resisting Arrest and Police Battery!!

December 29, 2008

Quadraplegic Convicted of Resisting Arrest and Battery of Chicago Police Officers Sues for Excessive Force

A paralyzed man convicted of resisting arrest and hitting a Chicago police officer in a 2006 incident is suing the city and several of its police officers for violating his civil rights. Daniel Casares, who is a quadriplegic, says that police pulled him from his vehicle and beat him even after he told them that he was paralyzed and could not get out of the car.Casares has been a partial C4 full C7 quadriplegic for a long time. He only has minimal movement in his arms and almost no movement of his  hands, and of course is confined to a wheelchair. Most of his movements are muscle spasms not under his control. Emotions increase the muscle spasms as they did on the date in question. Casares was sitting in the passenger seat of a car in an alley where he had gone with his brother to admire a car. One of his interests is in cars so he is taken to look at interesting cars owned by his friends.

The police were apparently suspecting that drug deals were done in that alley and suspected his brother. They pulled their guns and told everyone to get out of the car. When Casares did not get out, despite everyone yelling he was quadriplegic, Casares claims a female officer got in the driver’s seat, pulled her gun and pushed it at his thigh and said “you’re going to walk now.” This great stress induced a muscle spasm that slapped her in the face. Immediately after that the police dragged him out of the car and beat him. His face was severely contused and swollen. They beat him more harshly because he refused to walk.

Three police officers that testified at Casares’s criminal trial offer a different account. They claim that they never drew their guns during the altercation and accuse Casares of hitting a female cop when she asked him to exit his car.

Cesares was charged with resisting arrest and misdemeanor battery. He was convicted at a bench trial. Judge Brown apparently was impressed with Caseras’ muscles – he is well toned in the arms because of constant involuntary spasms. Caseras told the judge he had only limited movement of his right arm demonstrating that he could move it a little up and down. The judge was so incompetent and outrageously biased that he ignored the fact that Caseras is quadriplegic with mostly muscle spasms and limited movement and the likelihood that Caseras involuntarily slapped the officer in the face and convicted Caseras who was sentenced to probation. To say there is NO reasonable doubt is insane and unfair.

Civil rights organizations and disability rights groups should jump onto this case and aid Caseras. We should also consider racial bias and discrimination against Caseras because he is Hispanic. Judge Brown should be removed from the bench for this outrage. The case should be overturned on appeal and if it is not, then we truly live in a totalitarian police state where police can beat, abuse, harass, and kill people with impunity!

This is a case screaming for the intervention of the U.S. Attorney. To me this is felony violation of civil rights under color of law, excessive force, unlawful arrest, malicious prosecution, and racial discrimination.


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