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Edited on Wed Apr-19-06 06:10 AM by doodadem
I am in the process of lodging a formal complaint with the local sheriff's dept., Internal Affairs investigating. I talked to the ACLU, and they said, even though it appears the dept. is targeting people in our little mountain community, not big enough for them yet.
We are involved in a boundary dispute with our vicious hillbilly neighbors in central CA (yes--even here!) In a temporary restraining order, the judge ordered both parties to stay 100 yards away from each other. But he also said these people could put up fence in the disputed area. Well, the disputed area is right in front of our house, and well within the 100 yards. Initially, the cops would come and chase them off when we called, to enforce the order. Somehow over the past several months, that degenerated to, we'll let them mess around in that area, as long as they stay on their side of the disputed survey line. (Did I mention that this judge is an idiot, and totally unknowledgeable in property rights and boundary laws?) You people can be nose to nose with each other, as long as you're both still on your side of the line.
That means that, these people came over, ripped down our 80 year old boundary fence, ripped down a large portion of our new white board fencing, and have put up barbed wire, old rusty corrugated sheet metal "junkyard wall", painted t-posts fluorescent orange, and strung yellow caution tape and orange flags from it. It is just horrendous, and right in front of our house, and along our driveway. And that's just one aspect of the whole list of harassments.
So last week, here they come. It appears that they are going to try to install a gate across our driveway--which they've been told numerous times that they cannot do. My atty. says call the cops, which I do. While waiting, I go back out to finish cutting grass. I am mowing--on my property--when the deputy arrives. The neighbors waylay him, and say they want to make a "citizen's arrest" for me violating the 100 yard restraining order!
The deputy came down to talk with me. He said he wanted to see my drivers license and the newest copy of the restraining order. I said both are in the house. He shadowed me as I opened the gate and came into the main yard. I said, I have a puppy that is afraid of strangers, you need to let me get him first and confine him, as the way he shows this is by nipping/pulling on your pants leg. He was adopted from the ASPCA, previously abused, and doesn't know any better yet. I asked the deputy to stand still, but he kept dancing around to where I could not grab the excited pup. This is a 10 lb. miniature Dachshund, 6 months old. The deputy is well over 6 feet tall, and I'm guessing 250 pounds. He kicked the pup in the head with his steel-toed shoes, and sent him head over heels, yelping.
I said, that was totally uncalled for--what is wrong with you?! The deputy was red in the face, obviously angry, and raising his voice. We proceeded into the house. I was the only one at home. Before I could obtain my license or the restraining order, the deputy asked, "Are you going to go back out there?" "I said, what do you mean? I am just finishing cutting the grass." He asked, "Are you going to go back out there again?" I replied, "I am cutting the grass on my property. I am almost finished outside the gate, and getting ready to come inside the fence."
At that point, the deputy said, "I am placing you under arrest". He grabbed me by the right arm and shoulder, and roughly jerked me around to handcuff me behind my back. If he had been listening at all, he'd have probably heard my shoulder crunch. I also thought it was still standard operating procedure to read a person their Miranda Rights. This was not done. He kept a vice-grip hold on my arm the whole time I'm trying to change shoes, find my atty's card, etc. (with my arms squenched behind my back), following me thru the whole house.
On the way out to the car, I was in severe physical distress by then. I tried to explain to the deputy that because of past injuries, it was impossible to put my body in this position. I finally said, in a panic--"I can't do this, you're going to have to take these cuffs off!" He finally looked at my face, and the way my body was contorting, and did so, moving them to the front.
Several years ago, I had severe trauma to my right arm, shoulder, and wrist, with multiple breaks, and the wrist shattered. I spent months in casts, mechanical devices, and physical therapy. Both the wrist and shoulder are still "frozen", with a good deal of crepitation and arthritis. There is also nerve damage. I can still use all, as long as I don't overstress them. Because of the deputy's actions, I am now in a good deal of pain, and back in an arm brace. I went to the orthopedic surgeon today, and am scheduled for more tests next week. He put me on new meds, redid all the xrays, said yeah--your whole arm/shoulder system is still a train wreck. This guy didn't do you any favors. I may have to have surgery for compressed nerves, which was already going on, but certainly should not have been traumatized further.
I believe that the sheriff's department has already decided our case, are discriminating against us, and not enforcing the restraining order equally. If they were going to suddenly change their minds again about how they were going to enforce it, we should have been provided some notice. Again, if they are going to enforce the 100 yard concept--the neighbors were already in violation that day just by being down here, and will be in violation every time they come to the front of our property, and are in the disputed area. They have to actually leave their house, come a quarter mile down our road, to enter this area right in front of our house.
Regardless, the deputy's behavior on 4/11 was inexcusable. Besides exacerbating my old injuries, I have bruises on my wrist, lower and upper arm, and my wrist was swollen. We have taken photos. I am going to have to hire a third attorney yet, for my court appearance in June. Our real estate attys are saying this whole thing is just ridiculous, and I should be able to get my record expunged. However that does not expunge 4 hours in the jail system--something I never thought I'd see, I haven't even had a traffic ticket in years--or seeing the neighbors laugh and applaud as I'm taken away.
Because of my official complaint and the investigation, when we called 911 yesterday to report the neighbors were back in front of our house, and violating the 100 yard restraining order again, the operator called back and said, the sheriff's dept refused to respond to any calls to our address now--if we had a problem, call our atty. and the DA's office. Can you believe that?! My husband got on the phone with the watch commander, and calmly tried to explain the situation and ask for assistance. The lieutenant was belligerent, yelling, and finally just hung up on my husband. Nothing was done.
I really don't have the energy, time, money, whatever to be trying to file some separate lawsuit against the cops. But this is just outrageous. In talking with other people around here, I'm hearing other reports of local law-abiding citizens being harassed for no reason. Example--one man was even told, we intend to use fear and intimidation against people around here to keep them in line. It's because of people like you that Deputy XXX was killed. (This deputy was shot up here several years ago by an out of state transient.) It's like racial profiling, only against people in our little mountain area apparently. They harassed this man for an hour, after pulling him over and blocking him in, made him and his two companions get out and took all of their pictures, saying--we intend to eventually get pictures of everyone in this area. They ultimately said, ok--you can go now. The man is obviously outraged, and has posted the story on the front door of the restaurant he owns here.
Ideas? Past experiences? I cannot believe, we moved 2,000 miles across country to live in peace and quiet on our beautiful little mountain ranch next to two National Parks, and this is what is happening. I believe we will ultimately prevail in the boundary dispute (that fence had been the accepted boundary for over half a century, and we have testimony for it). I have no intention of ever moving. We're here for keeps. I am a successful, self-employed business owner, as was the other case of the man I mentioned above. The cops are just out of control here, and behaving like Nazi's. Thanks for listening to this long sad story so late at night.
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