Street protester choked by officer claims excessive force, false arrest. Michigan does not have a stop and ID law despite what the deputy states in the video. The deputy is clearly lying to the protester and arrests him in the end, because people don't like him protesting on a public sidewalk. This deputy needs to be fired.
So, the Cop is a Liar and Tyrant that should probably be locked up in prison for being a criminal
The language in the complaint about "the rights involved being clearly established" is used to attack the officer's immunity from personal liability. If the attack is successful, the plaintiff can take pretty much everything the officer has to satisfy the amount of the judgment. Way to go! When cops lose it all, they will be more careful of your rights.
He’s filed a Federal civil rights lawsuit. Here’s the basis, which I think is spot on:
The actions and/or omissions of Defendants as described above constitute violations of the United States Constitution as follows: a. An unreasonable seizure, arrest, and detention in violation of the Fourth and Fourteenth Amendments to the United States Constitution; b. Excessive use of force in violation of the Fourth and Fourteenth Amendments to the United States Constitution. c. A violation of Plaintiff’s First Amendment right to peacefully protest against government action in a public place as applied to the States by the Fourteenth Amendment. 38. The rights at issue here were clearly established at the time of the constitutional violations, and any reasonable police officer should have been aware of Plaintiff’s rights and should have recognized his actions violated said rights.
He’s also named Manitee County as a defendant, owing to documented continued offenses of this type, and failure to train:
COUNT II MONELL VIOLATION, DEFENDANT MANISTEE COUNTY 39. At the time of Plaintiff’s unlawful arrest, Defendant Manistee County, through its Sheriff’s Office, had a policy, practice and/ or custom of arresting citizens who refused to provide identification to deputy sheriffs even when the arrested citizens were not being lawfully detained. 40. This unconstitutional policy, practice and/or custom was a driving force behind the constitutional violations suffered by Plaintiff.
No specific damage amount is listed, but I’d be surprised if it was less than $1 million.
Here’s a ton of publicly available information missing from this story:
Shaun Carpenter, a Manistee County man, was arrested while protesting on a Manistee public sidewalk in 2017.
According to Jonathan R. Marko, a civil rights attorney at Ernst & Marko Law -
"The incident took place while Shaun Carpenter was exercising his constitutional right to peacefully protest and was picketing various government actions on a public sidewalk. As Mr. Carpenter was exercising his right to speak freely and protest, he was approached by Manistee County Sheriff Deputy Fitch who told Mr. Carpenter that he was not allowed to exercise his free speech if anyone complained. Deputy Fitch told Mr. Carpenter and told him that if someone did not like what Mr. Carpenter was saying then he was violating the law.
Mr. Carpenter knew he had done nothing wrong and informed Deputy Fitch of the same. Deputy Fitch, angry that he had no authority to silence Mr. Carpenter's constitutionally protected speech, demanded Mr. Carpenter's name and identification. Mr. Carpenter explained to the police officer that he would not give his name and was not required by law to give his name since he had violated no laws and was not suspected of violating any laws. Deputy Fitch then lied to Mr. Carpenter and told him he was required by law to identify himself and that he would be arrested if he refused. Mr. Carpenter continued to protect his freedoms and refused to give the Deputy his ID.
Enraged, Deputy Fitch slammed Mr. Carpenter into a wall, started rifling through his backpack, and pinned him against the wall by his throat. Deputy Fitch then spun Mr. Carpenter around and, in an action movie-like display, kicked in Mr. Carpenter's knee and took him to the ground. Although Mr. Carpenter never once resisted, Deputy Fitch kicked Mr. Carpenter so hard that he fractured and cracked Mr. Carpenter's tibia."