Petition for redress of grievances

Government attention: Justice, (courts and enforcement), United States

Congress

Case Reference:
U.S. District Court, Eastern District of Pennsylvania
Civil Action No.15-1917

In: Effective immediately

Wide Spread Due Process violations
As the issue of rampant police violence and extralegal use of force clearly is part of a
national set of patterns and practices, violating Constitutional amendments, and is,
according to the Declaration (aka THE founding document) literally cause for legally
abolishing the government, I am seeking immediate action. Further, sincere readings of
founding documents suggest that the land of the free cannot be the largest jailer in human
history. These issues are undermining the confidence of Americans in the system of
Justice, and making the jobs of our officers of Justice much more difficult, as people
cannot be expected to take seriously moral accusations from system that ignores unlawful
killings and assaults by members of their own.

Court Action sought, Immediate:

A national, simultaneous oath giving for all law officials, emphasizing their role in
protecting the lives, the liberty and the pursuit of happiness for all of the people. This is
both to reinforce the basic image of the law in the minds of all law officials, but also to
restore full faith of the American people in law officials and their government
A national, and immediate injunction against single officer use of force(wait for back up
in danger situations), especially deadly force without specific cause such as the
immediate threat to citizens or a firearm, more than a political stand, its also basic officer
safety.
Immediate and consistent documentation of use of force, and unexpected injuries at all
levels (including prisons) to be reported in a consistent format, in less than 12 hours,
open to public with perhaps officers names substituted for an identification number. This
should include immediate supervisors, witnesses.
Immediate process tracking of any cases that arise involving agents of law including
judges, court employees, as well as police, but especially regarding police use of force
cases, and the development of a rubric to identify and track current methodologies, best
and worst examples of same, and the noting of any irregularities, that may arise due to
conflict of interest.
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Court Action sought, as part of full restitution:

Recognition of federal responsibility for oversight on governmental actions on
individuals life liberty or property via Declaration, and due process clauses of 5th, 14th ,
Recommendations from this court on correcting the de jure vs de facto chasm in
American law, including civil forfeiture, mass incarceration, multi year waits for trial and
other expensive and clearly deviant outcomes from the intent.
A national Constitutional minimums set up, clearly defining the current best practices for
law enforcement as a minimum for standards of officer behavior, to Constitutional
training, to what a speedy trial entails, what cruel and unusual punishment entails.
Possibly normalizing the state codes, to be fitted on top of Constitutional codes, to
simplify the overall legal system
Review of all cases pending trial for "speedy trial" violations.
Cold case review of cases involving legal profession, especially the last 10 years.
Review of all prisoners in the United States, and look to free people who are not likely to
hurt others, with a tight eye for security.
Rule voter ban for formerly incarcerated unconstitutional.
Process put into place for oversight of government official cases

Opening note:
It is important to note that in no way is this specifically a criticism of the individuals
named in this suit- largely, in my opinion the men and women do their best to make sure
there is as much justice as they can. in a system, we do our best, working with those
around us, and shiny new parts get tarnished by soot and poor function of a system long
ago in need of an audit and update. The greatest criticism, is one of human behavior;
there are law enforcement, lawyers, judges, who perpetuate the worst of behaviors, that
go on, unchallenged despite evidence that would trigger jail sentences or even death
penalties in any other profession, but, people are not prone to outing their own, whistle
blowing is usually frowned upon.

Introduction:
This document calls for a full Rebranding of America, legally, the formal re-swearing of
the oaths and the principles to which this country was founded, and the elevation of the
execution of the law to scientific precision, by reigniting the flame of national, legal

debate, and re-engaging the consent of the governed, expired long before any still living,
culminating, in a new Constitutional Convention, and a government better suited to the
future of our nation using means already provided to us by the Founding Fathers.

Scope:
The scope of this case is expanded twice. First from the individual to the national, as the
problem to be properly understood, and fixed, must be dealt with as part of a systemic,
national issue- similar to how doctors rarely treat individual bumps of chicken pox.
Second, from use of force by law officers to a greater malady, the gap between defacto
and dejure law, as a common thread running through out our systems of government.

Standing invoked:
As noted in the PA case, as a person who has been attacked by police officers without
cause, I am a member of a class of people who have been adversely affected by the
failure to address a serious concern with how many police officers in this country behave.
I would note that 1st amendment, Congress shall make no laws prohibiting the right to
petition for redress of grievances, suggests that standing should be applied liberally at
best and at worst, any notion of rejection of a clear Constitutional violation by the
government, could be construed as one of the Declaration's legitimate reasons for
revolution, In every stage of these Oppressions We have Petitioned for
Redress in the most humble terms, our repeated Petitions have been
answered only by repeated injury.

Venue Shift Rationale:

An issue of this magnitude, addressing as it does the foundation of American law,
supersedes regional district conventions; and requires examination by courts in every
state.

Relevant Statutes and Case Laws:

14th amendment (life liberty and property shall not be

infringed due process and equal protection)
8th amendment (cruel and unusual punishment)
Declaration of Independence(repeated violations of right to life as reason for
altering or abolishing government, refusing assent to laws, for protecting them
(military) by mock trial from punishments for murders they commit on inhabitants)
Harris v. City of Canton(deliberate indifference)
Spell v. McDaniel (Municipal liability)
Walker v. City of New York (Failure to Train)
Vann v. City of New York (deliberate indifference)
1st Amendment(the right of the people to petition for redress of grievances)

Legal Theory Advanced:

1. That the ultimate responsibility for enforcement of US code, is the US federal

government, and that the code of conduct, that stems from US code is applicable to law
enforcement at ALL levels, and are responsible to train, maintain and adjust process for
the outcomes in Constitutional cases. That the 5th and the 14th amendment due process
clauses, apply to any and all government officials at any level, and thus, give the federal
government both jurisdiction and duty to monitor cases involving government officials,
and to develop a process that can avoid the inherent conflicts of interest that exist, as well
as oversight for themselves, as the same conflict of interest principles would apply at the
national level.
2.That when an issue, becomes national in scope, particularly in regards to Constitutional
issues that it is the duty of the federal government to act, and to set up such safeguards as
to disarm the threat, regardless of the source, and provide for safe guards, structurally.
(equal protection under,and from the law.) Expansion of scope, but similar concept as
municipal responsibility. The courts have consistently held, that municipalities can be
held liable for the actions of their actions of their employees, especially when "deliberate
indifference" has been shown or acquiescence in unconstitutional practices.
3. The current problem with police brutality, is not in fact, a problem at the city level, and
seems to be the same nationally, from New York, to Philadelphia, to Denver, Oklahoma,
San Francisco and LA. What happened to me was symptomatic as a single bump of
chicken pox; treating it individually makes as much sense as sending the child to a
different doctor for each chicken pox bump. The total number of excessive use of force
cases is unknown as it is not currently tracked. Police in the United States kill between
1100-1400 people per year, (killedbypolice.net, the guardian) by contrast, the next highest
country for citizen deaths by police is Canada with 25, making the US death by police
rate 70 times that of the next highest country. It is reasonable and perhaps conservative to
say that for every death, there are likely 20+ brutality cases. Since physical abuse is a
crime, no matter who commits it, this is a major issue that will only continue.
4. Given that there is 99% indictment rate for citizens(DOJ); Taken by itself, the federal
grand jury indictment rate is cause for major process review- what value can an
expensive, secret and time consuming process that filters less than 1% of the cases have?
But when the indictment rate of <5% for police officers(no official statistics exist) it is
safe to say clemency for extra legal killing, and brutality have become a de facto part of
the American Justice system. These cases involve a violation of due process, cruel and
unusual punishment and equal protection under the law as well as simple murder, and
conflict of interest issues will prevent proper legal advancement of cases as we see from
the numbers involved hence the responsibility o the failure to correct systemic issues by
the federal government represents responsibility via Haynesworth V Miller, and Owen v.
City of Independence. this also looks similar to For protecting them, by mock Trial,
from punishment for any Murders which they should commit on the Inhabitants of these
states

5. Further, as prosecution of police officers requires the buy in from co-workers (other
police and prosecutors), it is unlikely that there would ever be a reasonable or fair
proceeding with regards to police. Thus is in need of a change of venue, and likely a
permanent community review board because nearly any one involved in a legal system at
the city or state level is going to have a conflict of interest, and indeed, that is seen in the
prosecution rates of police, nearly non-existent, despite the relative eruption of such cases
in our mass media. In fact, even with a prosecutor outside the direct sphere of the officer,
professional mindset, or cultural mindset is likely to still be a significant factor.
The more radical part of the legal theory put forward, is that the ratification of
Constitution's (legality) is in stare decisis or based on the precedent set by Declaration's
ratification legality, and that the official definition, scope, and use of government as it
relates to individuals in the United States is given in that documentation, and is always, a
valid petition for redress of grievances as per the 1st Amendment.
There is little doubt in the historical record; the precedent for the Constitutions Supreme
legality comes from the ratification methodology used with the Declaration. The divorce
from one set of laws, the definition of what government is and should be, and the creation
of said government can be defined as the most legal of acts. Further, the treatise duly
voted upon by every district in a new country, and the reasons, paid for with the blood of
the citizenry, for said change in government and founding of a new one, and signed by
several of our early presidents, and the official designated date of a new country can
hardly be said to have no legal weight.
It was referenced by Abraham Lincoln during the Civil War, and ironically enough in the
secession letters of the Southern states, though blatantly failing the test of legitimate
governments duty to protect the liberty of people. According to a Constitutional scholar
and current President of the United States, Barack Obama "The Declaration is the lens
through which the Constitution should be viewed".
In this particular case; it is useful, because if the core of responsibility of government is
to protect 1 life 2 liberty and 3 the pursuit of happiness, being the largest jailer in human
history is a problem, having the largest death by police rate in the civilized world is cause
for a rapid and immediate change, and the focus on ensuring the pursuit of happiness for
the individual, may have a startling effect on the current crisis of shootings, and mental
health in this country.
A republic will be stronger if the constituents hold a strong image of the law in their
collective understanding, supplemented by a stronger image by those who enforce it
(Cicero).
The general principles around the Declaration can be more simply and easily explained
and taught than the relative specifics of the Constitution, and out of alignment outcomes
are more glaring when viewed from a Declarational framework.

Restitution sought:
Is that the responsibility for Constitutional conduct be proactive, creating a framework,
training, and data collection methodologies for the expectation of federal audits of
practices, defining, standardizing and broadening conflict of interest standards for police,
5

prosecution, prison, and the courts. Review of legal practices; courtroom technologies,
wait times, and processes, also kept, transparently as part of a national database, and an
experiment begun with the states to establish new court room norms for speedy trials.
Also as the adaptation of a framework that is lighter and simpler for both enforcement
agents and citizens to understand, the basics, the Declaration of Independence, which
contains the official definition of government in US code, as well as it's core functions
with regards to the rights of the individual, to be trained and oath sworn at any level of
employment or engagement in government activities, with the urgency being with law
enforcement.
In addition, as poverty is a clear factor, rarely argued, in crime rates, a more focused
attempt to reduce crime by poverty elimination requires a systemic review of all poverty
programs, the elimination of ineffective ones, and promotion of those that work well.
Further, the larger gap between de facto and de jure law needs to be addressed in such a
manner as is not currently proscribed in our frame works.
Particularly right to a speedy trial, (people waiting 2+ years for non violent
offenses?)and the 4th amendment - civil forfeiture seems to be a clear violation this, and
the mass incarceration for non violent crimes while the financial felonies of the past 10
years have been formally waived, creating 14th amendment conflicts. If innocence until
proven guilty is a US legal principles how can so many people be incarcerated pre-trial,
dependent on financial status to obtain release (debtors prison?)
While rights to life and liberty have been specifically addressed though poorly enforced
by later documents like the Constitution and the Bill of Rights, and case law, the pursuit
of happiness has never been formally explored or examined by government; and it is
likely that a happier per capita populace would not lead the world in mass shootings.
Is it strictly legally necessary to address these case by case?
According to the decision to found this country, the answer was clear; NO. Their
methodology was to abolish the government that disobeyed, flagrantly it's own rules and
create a mostly new one. We are at another such time, and while the form of the
government has taken on is one which is a brilliant adaptation of regional governing
principles, the shortcomings cannot be ignored behind a blatantly unconstitutional
doctrine of sovereign immunity.
We can and must take actions addressed to the heart of the issue- which is the de facto, de
jure gap that has expanded until threats to domestic tranquility become regular. the failure
to have expressly written frameworks for what acceptable actions are or are not
according to guidelines, i.e. how many days is a speedy trial what is cruel and unusual
punishment (waterboarding, etc.)
While it is understood that this court cannot provide all of the answers sought in this case,
it is clear that these deficiencies in the current de facto set up threatens the bedrock of
Union to slow decay, and worse, open to facist dictatorship- while there is no single
definition of facism, agents of the state being able to kill at will is a component of all of
them. The failure to understand fully these princples has Presidential candidates running
on promises to torture, and to discriminate based upon religion, effectively campaigning
on grounds for impeachment.

It would serve the American people and its legal system to recognize formally the
Declaration, the Constitution, and the US Code as successively more detailed from
principles to ruling frameworks, simplifying the overall code, and making it easier to
address and prevent further unhealthy dissonant gaps between de jure and defacto law.
Likely, it would be best also to re-engage the consent of the governed, as no one alive
consented to this government, and that can only be done through Constitutional
Convention.
This petition is made with the sincerest attempt to restore full faith in police officers, the
legal system, government agencies of the United States of America, and re establish
Justice and a more perfect Union.

_________________________
________________
Darrell Prince
3.14.16

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