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Officer Victor Montano – La Habra Police Department

LHPD – California – PEACEFUL ASSEBLY COMING SOON!

WHAT TO KNOW WHAT TRUTH IS ? CLICK HERE TO LEARN MORE LYING FUCK (BTW YOU CAUGHT)

THEY GIVE LYING DUMB STOOGES GUNS NOW A DAYS, LAME PIG LIYING SETUP ARTIST, WAIT TILL YOU GET CAUGHT IN THE WEB 🙂

16405 Amar Rd
La Puente, CA 91744

He lives here, maybe the local community should get together and let officer Victor Montano (aka VICK THE SMALL DICK) he should to resign and turn himself in for his criminal activities and negligence.

We are going to be having a peaceful assembly soon, please email us to participate in your 1st amendment rights against tyrannical government. We are going to be holding a peaceful assembly in front of his home address to protest his illegal behavior and hand out leaflets and flyers. PEACEFUL ASSEBLY IN PUBLIC ON PUBLIC AREAS NOT BLOCKING ROADS AND PATHWAYS IS THE AMERICAN WAY TO DISAGREE WITH CROOKED EVIL LYING CRIMINAL GOVERNEMENT OFFICIALS

WE HAVE THE RIGHT AS US CITIZENS TO PEACEFULLY ASSEMBLE QUIETLY AND NOT TRESPASS NOT BLOCK ACCESS TO ANY ROAD OR PATHWAY AND HAND OUT LEAFLETS OF TRUTHFUL INFORMATION THAT CONTAINS NEWS OF INDIVIDUALS AND THEIR TRUTHFUL ACTIONS, JUST LIKE FOX NEWS 11 AND THE BIDEN LAPTOP. BUT STILL PLEASE DONT BOTHER ANYONE HERE AT THE ADDRESS ABOVETHIS IS HOW A COP LIVES

PEACEFUL PROTEST INVOLVES BEING KIND HOLDING YOUR SIGN OR LEAFLETS AND GETTING YOUR MESSAGE ACROSS. YOU CANNOT BLOCK SIDEWALK, SHE IS NOT BELOW. YOU ARE NOT ALLOWED TO BLOCK OTHERS MOVEMENT. SO STAY OUT OF PEOPLE’S WAY OF MOVEMENT AND BE CALM HOLD YOUR SIGN AND KEEP UP YOUR DOINGS !

“It is prosecutorial misconduct, the weaponization of the Justice System, and an attack by Radicals who desperately don’t want me to have fair and adequate family law/law enforcement services. Especially based previous misconduct and dismissed PC 653 Annoying and harassing phone calls to a residence  (public office isn’t a residence either) against law enforcement (they were recorded and case was dismissed after blackmail was paid to the OC DA Victim Rape Victim Fund (click here to listen to to 2 calls taken over 1 year apart) cases and the recent criminal malicious prosecution of me when I complain of their negligence and their own crimes they have committed against me and my son.”

They even had a nice expensive run down house needing paint and lots of work, it looks like a drug addicts house.  There he is living in LA with his wifes LA Phone number and then file charges in Orange County where he actually works and NOT where the proposed event happened, and file illegally charges that he was called and annoyed and now tough old copper is victim but wait……  His phone number claimed that was called belongs to his wife whom also has a LA phone number living in LA with him not orange county. as a resident of LA  she was required to have filed charges with the local jurisdiction, which is LA.  instead her brave husband OFFICER HUNTLEMAN LA HABRA POLICE DEPARTMENT goes to work later that week (in another county as an OC POLICE OFFICER LHPD) and illegally lies to other officers in orange county above events that occurred and who the real victim was in this proposed crime.

“The elements of a cause of action for negligence are: duty, breach of duty, legal cause, and damages. (Friedman v. Merck & Co. (2003) 107 Cal.App.4th 454, 463.)”

 § 42 U.S.C. 1983 for malicious prosecution

Prosecutorial Misconduct

“It is prosecutorial misconduct, the weaponization of the Justice System, and an attack by Radicals who desperately don’t want me to have fair and adequate family law/law enforcement services. Especially based previous misconduct and dismissed PC 653 Annoying and harassing phone calls to a residence  (public office isn’t a residence either) against law enforcement (they were recorded and case was dismissed after blackmail was paid to the OC DA Victim Rape Victim Fund (click here to listen to to 2 calls taken over 1 year apart)  cases and the recent criminal malicious prosecution of me when I complain of their negligence and their own crimes they have committed against me and my son.”

DOJ on Prosecutorial Misconduct

Prosecutorial overreaching and misconduct distort the truth-finding process and taint the credibility of the criminal justice system, including the outcomes they generate. NACDL is dedicated to attaining meaningful, systemic reform to help prevent the insidious harm caused when a prosecutor carelessly, or purposefully, fails in his or her duties to us all. This page (click here) contains resources from the Department of Justice on the problem of prosecutorial misconduct.

California Civil Code Section 52.1

Sullivan v. County of Los Angeles – 12 Cal.3d 710 – Mon, 11_04_1974 

20-659 Thompson v. Clark (04-04-2022) – Suing the Government Officially Personally tapping into their financial life legally

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Bringing a “Malicious Prosecution” Claim in California

Malicious prosecution is a civil cause of action in California that you bring when a person files a frivolous claim against you – a lawsuit was filed not based on merits of the claim, but rather for some ulterior purpose – and you suffered damages as a result.

Civil Lawsuit

A claim of malicious prosecution is a civil case, not a criminal one. This claim is meant to deal with filed lawsuits that are:

• filed to harm;
• filed to harass; and
• completely without merit.

 

 

 

 

Penal Code §§ 146 [unlawful detention or arrest by peace officer] 149 [beating / torturing prisoners], 236 [false imprisonment], 192 [manslaughter], 187 [murder] and 245 [assault with deadly weapon / by means resulting in great bodily injury]), civil liability (i.e. federal civil remedy for violation of federal and statutory rights under color of state law [42 U.S.C. § 1983]), and California state law claims for battery, assault, false arrest / false imprisonment, wrongful death, violation of Cal. Civil Code § 52.1 (retaliation for exercise of, or in attempt to, dissuade prevent another from exercising Constitutional rights), or administrative discipline (i.e. reprimand, suspension, rank reduction, and termination.)

Notwithstanding the absurd and cruel creation of immunity for peace officers that went well beyond the literal wording  and clear meaning of Section 821.6 by the California Courts of Appeal, in 2061 in  Tort claims are typically matters of state law, raising no federal question. However, the conduct complained of may also violate the federal Constitution. In such a case, relief may be available in a federal court under 42 U.S.C. § 1983, which authorizes “constitutional torts”, by creating a private right of action in federal court (Congress even allowing federal claims in a state court), against any person who, “under color of [state law],” causes injuries by violating an individual’s federal Constitutional or statutory rights.  Section 1983, however, “is not itself a source of substantive rights, but a method for vindicating federal rights elsewhere conferred by those parts of the United States Constitution and federal statutes that it describes.” Baker v. McCollan, 443 U.S. 137, 144 n.3 (1979.) Therefore, in order to bring a malicious prosecution claim under Section 1983, a malicious criminal prosecution must be deemed a deprivation of a right “secured by the Constitution.” 42 U.S.C. § 1983.

THE NINTH CIRCUIT COMES TO THE RESCUE AND REFUSES TO FOLLOW THE CALIFORNIA COURTS OF APPEAL IN THEIR AD NAUSEUM EXPANSION OF MALICIOUS PROSECUTION IMMUNITY UNDER SECTION 821.6.

On July 5, 2016, the Ninth Circuit handed down the seminal case of Garmon v. Cty. of Los Angeles, 828 F.3d 837, 847 (9th Cir. 2016), which rejected the California Court of Appeal’s ad nauseam expansion of Section 821.6 immunity and refused to immunize police officers pursuant to that section. In that Opinion, the Ninth Circuit held that they are only bound to follow state law on state law issues when either the highest court in a state (i.e. the California Supreme Court on California law) has decided that issue, or, when the state Courts of Appeals have decided an issue and the federal court finds that the state Supreme Court would have held otherwise. In reaching that holding that Ninth Circuit Court of Appeals held that the California Supreme Court already interpreted [California Government Code] section 821.6 as ‘confining its reach to malicious prosecution actions.’ “Sullivan v. County of Los Angeles, 12 Cal.3d 710, 117 Cal.Rptr. 241, 527 P.2d 865, 871 (1974), and that in their opinion, the California Supreme Court would adhere to Sullivan, notwithstanding many Opinions of the California Courts of Appeal holding otherwise. Accordingly, the state of the law is that if you have the same case with the same parties and your case is in a California state court, that Section 821.6 immunizes many actions of peace officers other than malicious prosecution, but if you are in federal court, Section 821.6 immunity only immunizes claims for malicious prosecution under California state law.

NOW, AS OF APRIL 4, 2022 YOU HAVE A RIGHT UNDER FEDERAL LAW TO SUE FOR YOUR MALICIOUS CRIMINAL PROSECUTION.

                   FEDERAL MALICIOUS PROSECUTION LAW FROM 1994 TO 2017

On the basis of dicta expressed by the plurality opinion in Albright v. Oliver, 510 U.S. 266 (1994), there has been a political and practical acceptance of a federal constitutional right to be free of a malicious criminal prosecution; a frame-up by state actors.

In Albright v. Oliver, 510 U.S. 266 (1994), the U.S. Supreme Court held that although a malicious criminal prosecution is not a 14th Amendment substantive due process violation, that is might be considered an unreasonable seizure of one’s person under the 4th Amendment to the U.S. Constitution, if the subsequent malicious prosecution was accompanied by the actual physical arrest of the person.

In reality, these words were crafted by the Supreme Court to permit persons who are falsely and maliciously accused of a crime by the police that resulted in a bogus criminal prosecution, to sue the police who attempted to frame them. It’s judicial “newspeak“.

If there is anything that would constitute what the courts call substantive due process (i.e. outrageous police conduct that shocks the conscience), attempting to frame an innocent is it. However, the Supreme Court could not agree on whether a malicious criminal prosecution was a substantive due process violation in Albright v. Oliver, but the Justices did not want to leave one who the police attempted to frame without a remedy.

Accordingly, in Manuel v. City,  of Joliett, 580 U.S. _____ (2017), the Supreme Court held that one who was physically arrested and confined in custody by way of the false arrest of a police officer, can obtain damages under 42 U.S.C. § 1983 for that person’s continued confinement in jail, after the point in time when the District Attorney (prosecutor) formally filed criminal charges against the person. In other words, the accused person can collect damages for being kept in jail before trial, pursuant to criminal charges, filed by the prosecutor, that were procured by the arresting police officer having authored a false police report, that the prosecutor relied upon in  deciding to file the very criminal charges that kept the false accused person in jail before trial.

However, this still didn’t establish a Naked Constitutional Tort of a Malicious Criminal Prosecution; only a damages remedy for a false arrest, and for confinement in jail after the point in time when the prosecutor formally filed criminal charges against the confined person.

Following both Albright v. Oliver and Manuel v. City of Joliet, most United States District Courts and the United States Courts of Appeals (the federal intermediate level appellate courts) permitted a Section 1983 remedy for a malicious criminal prosecution by a peace officer.  The First, Second, and Eleventh Circuits composed the “Tort Circuits,” wherein plaintiffs pleading malicious prosecution claims under Section 1983, were required to satisfy the common law elements of a malicious prosecution claim in addition to proving a constitutional violation. The “Constitutional Circuits”—the Fourth, Fifth, Seventh, and Tenth— concentrated on whether a constitutional violation exists.

Most of the Circuits of the United States Courts of Appeals, allowed for an aggrieved person the right to sue for being subjected to a malicious criminal prosecution, federal remedy for the same, via 42 U.S.C. §  1983. They did so, on various theories, since the right to be free from a malicious criminal prosecution is not described in the federal Constitution, but the pure evil and outrageousness of such government action compels appellate judges to find some Constitutional foundation for that right, in order to allow a person who the government attempted to frame, some sort of remedy.

Although sister circuits categorized the Third Circuit as a “Tort Circuit”, the Third Circuit more recently acknowledged that “[o]ur law on this issue is unclear”; however, it continued to encourage plaintiffs to address each common law element. Similarly, the Sixth Circuit has avoided defining the required elements of a claim, although it appears to recognize a Fourth Amendment right against malicious prosecution and continued detention without probable cause.  The Ninth Circuit lies on both sides of the divide; seemingly turning on whether they want the malicious prosecution plaintiff to prevail.

In Galbraith v. County of Santa Clara, 307 F.3d 1119 (9th Cir. 2002.)  held that a malicious criminal prosecution was a naked constitutional tort, and was actionable under 42 U.S.C. § 1983 under the 4th Amendment. They just said it, basically out of thin air.

The Ninth Circuit also continued its pre-Galbraith malicious prosecution jurisprudence and held that in in addition to constituting a 4th Amendment violation, that one could sue for a malicious criminal prosecution if the prosecution was brought to deprive the innocent of some other constitutional right, such as attempting to frame an innocent in retaliation for protected exercise of First Amendment free speech, or, as a naked constitutional tort. See, Awabdy v. City of Adelanto, 368 F.3d 1062, 1069–72 (9th Cir. 2004.) i

FEDERAL LAW NOW PROVIDES A REMEDY FOR A MALICIOUS CRIMINAL PROSECUTION.

In Thompson v. Clark, 596 U.S. _______ (April 4, 2022) for the first time in the history of the Americann Republic, the U.S. Supreme Court finally held that there is a Constitutional Tort of Malicious Criminal Prosecution. The Supreme Court also went on to hold that in order to sue for a Malicious Criminal Prosecution, that the underlying criminal action only need not result in a conviction of the accused for the accused (and  now plaintiff), for the underlying criminal case to be considered to be “favorably terminated”; a “favorable termination” of the underlying criminal case being a required element of that claim.

Although under California law you may not recover damages for your malicious criminal prosecution because of immunity provided in Cal. Gov’t Code § 821.6  (See, Asgari v. City of Los Angeles, 15 Cal. 4th 744 (1997), at least now there is a federal remedy for the police attempting to frame you; finally.

 

1. 1. Caitlin E Harrington, Assistant District Attorney failed to protect my son and report child abuse by a known and wanted sex offender / arsonist

   2. Matthew W Bradbury, Assistant District Attorney failed to protect my son and report child abuse by a known and wanted sex offender / arsonist

   3. Los Angeles County District Attorney’s Office failed to protect my son and report child abuse by a known and wanted sex offender / arsonist

   4. Orange County District Attorney’s Office failed to protect my son and report child abuse by a known and wanted sex offender / arsonist

   5. Detective Montano failed to protect my son and report child abuse by a known and wanted sex offender / arsonist   

   6. Detective Jason Forgash failed to protect my son and report child abuse by a known and wanted sex offender / arsonist

   7. La Habra Police Department as a whole was notified via email and is also failed to protect my son and report child abuse by a known and wanted sex offender / arsonist

   8. Olita Elementary School failed to protect my son and report child abuse by a known and wanted sex offender / arsonist

   9. The mother, a registered nurse failed to protect my son and report child abuse by a known and wanted sex offender / arsonist 

   10. Steven Dragna, state ordered minor council failed to protect my son and report child abuse by a known and wanted sex offender / arsonist 

   11. Paul Toepel, mother’s council failed to protect my son and report child abuse by a known and wanted sex offender / arsonist 

   12. Dr. W. Russell Johnson, Ph.D. PSY7140, state ordered minor psychologist failed to protect my son and report child abuse by a known and wanted sex offender / arsonist 

found on my 8 year olds phone is his adult brother a wanted sex offender / arsonist with multiple charges but
he is still not been arrested or charged with 288 (2) or 288.2 which is how my minor son ended up with his sex offender brother dick picks on his phone.  This is far more than indecent exposure. This is a child sex crime to place these photos on a child’s primary communication device/ gaming device

as required by law 

PENAL CODE – PEN

PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 – 14315]

  ( Part 4 added by Stats. 1953, Ch. 1385. )

TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 – 11482]

  ( Title 1 added by Stats. 1953, Ch. 1385. )

CHAPTER 2. Control of Crimes and Criminals [11150 – 11199.5]

  ( Chapter 2 added by Stats. 1953, Ch. 70. )

 

ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 – 11174.3]

  ( Heading of Article 2.5 amended by Stats. 1987, Ch. 1444, Sec. 1. )

 

11165.7   

(a) As used in this article, “mandated reporter” is defined as any of the following:

(1) A teacher.

(2) An instructional aide.

(3) A teacher’s aide or teacher’s assistant employed by a public or private school.

(4) A classified employee of a public school.

(5) An administrative officer or supervisor of child welfare and attendance, or a certificated pupil personnel employee of a public or private school.

(6) An administrator of a public or private day camp.

(7) An administrator or employee of a public or private youth center, youth recreation program, or youth organization.

(8) An administrator, board member, or employee of a public or private organization whose duties require direct contact and supervision of children, including a foster family agency.

(9) An employee of a county office of education or the State Department of Education whose duties bring the employee into contact with children on a regular basis.

(10) A licensee, an administrator, or an employee of a licensed community care or child daycare facility.

(11) A Head Start program teacher.

(12) A licensing worker or licensing evaluator employed by a licensing agency, as defined in Section 11165.11.

(13) A public assistance worker.

(14) An employee of a childcare institution, including, but not limited to, foster parents, group home personnel, and personnel of residential care facilities.

(15) A social worker, probation officer, or parole officer.

(16) An employee of a school district police or security department.

(17) A person who is an administrator or presenter of, or a counselor in, a child abuse prevention program in a public or private school.

(18) A district attorney investigator, inspector, or local child support agency caseworker, unless the investigator, inspector, or caseworker is working with an attorney appointed pursuant to Section 317 of the Welfare and Institutions Code to represent a minor.

(19) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is not otherwise described in this section.

(20) A firefighter, except for volunteer firefighters.

(21) A physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, licensed nurse, dental hygienist, optometrist, marriage and family therapist, clinical social worker, professional clinical counselor, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code.

(22) An emergency medical technician I or II, paramedic, or other person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code.

(23) A psychological assistant registered pursuant to Section 2913 of the Business and Professions Code.

(24) A marriage and family therapist trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code.

(25) An unlicensed associate marriage and family therapist registered under Section 4980.44 of the Business and Professions Code.

(26) A state or county public health employee who treats a minor for venereal disease or any other condition.

(27) A coroner.

(28) A medical examiner or other person who performs autopsies.

(29) A commercial film and photographic print or image processor as specified in subdivision (e) of Section 11166. As used in this article, “commercial film and photographic print or image processor” means a person who develops exposed photographic film into negatives, slides, or prints, or who makes prints from negatives or slides, or who prepares, publishes, produces, develops, duplicates, or prints any representation of information, data, or an image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image, for compensation. The term includes any employee of that person; it does not include a person who develops film or makes prints or images for a public agency.

(30) A child visitation monitor. As used in this article, “child visitation monitor” means a person who, for financial compensation, acts as a monitor of a visit between a child and another person when the monitoring of that visit has been ordered by a court of law.

(31) An animal control officer or humane society officer. For the purposes of this article, the following terms have the following meanings:

(A) “Animal control officer” means a person employed by a city, county, or city and county for the purpose of enforcing animal control laws or regulations.

(B) “Humane society officer” means a person appointed or employed by a public or private entity as a humane officer who is qualified pursuant to Section 14502 or 14503 of the Corporations Code.

(32) A clergy member, as specified in subdivision (d) of Section 11166. As used in this article, “clergy member” means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple, or recognized denomination or organization.

(33) Any custodian of records of a clergy member, as specified in this section and subdivision (d) of Section 11166.

(34) An employee of any police department, county sheriff’s department, county probation department, or county welfare department.

(35) An employee or volunteer of a Court Appointed Special Advocate program, as defined in Rule 5.655 of the California Rules of Court.

(36) A custodial officer, as defined in Section 831.5.

(37) A person providing services to a minor child under Section 12300 or 12300.1 of the Welfare and Institutions Code.

(38) An alcohol and drug counselor. As used in this article, an “alcohol and drug counselor” is a person providing counseling, therapy, or other clinical services for a state licensed or certified drug, alcohol, or drug and alcohol treatment program. However, alcohol or drug abuse, or both alcohol and drug abuse, is not, in and of itself, a sufficient basis for reporting child abuse or neglect.

(39) A clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code.

(40) An associate professional clinical counselor registered under Section 4999.42 of the Business and Professions Code.

(41) An employee or administrator of a public or private postsecondary educational institution, whose duties bring the administrator or employee into contact with children on a regular basis, or who supervises those whose duties bring the administrator or employee into contact with children on a regular basis, as to child abuse or neglect occurring on that institution’s premises or at an official activity of, or program conducted by, the institution. Nothing in this paragraph shall be construed as altering the lawyer-client privilege as set forth in Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code.

(42) An athletic coach, athletic administrator, or athletic director employed by any public or private school that provides any combination of instruction for kindergarten, or grades 1 to 12, inclusive.

(43) (A) A commercial computer technician as specified in subdivision (e) of Section 11166. As used in this article, “commercial computer technician” means a person who works for a company that is in the business of repairing, installing, or otherwise servicing a computer or computer component, including, but not limited to, a computer part, device, memory storage or recording mechanism, auxiliary storage recording or memory capacity, or any other material relating to the operation and maintenance of a computer or computer network system, for a fee. An employer who provides an electronic communications service or a remote computing service to the public shall be deemed to comply with this article if that employer complies with Section 2258A of Title 18 of the United States Code.

(B) An employer of a commercial computer technician may implement internal procedures for facilitating reporting consistent with this article. These procedures may direct employees who are mandated reporters under this paragraph to report materials described in subdivision (e) of Section 11166 to an employee who is designated by the employer to receive the reports. An employee who is designated to receive reports under this subparagraph shall be a commercial computer technician for purposes of this article. A commercial computer technician who makes a report to the designated employee pursuant to this subparagraph shall be deemed to have complied with the requirements of this article and shall be subject to the protections afforded to mandated reporters, including, but not limited to, those protections afforded by Section 11172.

(44) Any athletic coach, including, but not limited to, an assistant coach or a graduate assistant involved in coaching, at public or private postsecondary educational institutions.

(45) An individual certified by a licensed foster family agency as a certified family home, as defined in Section 1506 of the Health and Safety Code.

(46) An individual approved as a resource family, as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code.

(47) A qualified autism service provider, a qualified autism service professional, or a qualified autism service paraprofessional, as defined in Section 1374.73 of the Health and Safety Code and Section 10144.51 of the Insurance Code.

(48) A human resource employee of a business subject to Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code that employs minors. For purposes of this section, a “human resource employee” is the employee or employees designated by the employer to accept any complaints of misconduct as required by Chapter 6 (commencing with Section 12940) of Part 2.8 of Division 3 of Title 2 of the Government Code.

(49) An adult person whose duties require direct contact with and supervision of minors in the performance of the minors’ duties in the workplace of a business subject to Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code is a mandated reporter of sexual abuse, as defined in Section 11165.1. Nothing in this paragraph shall be construed to modify or limit the person’s duty to report known or suspected child abuse or neglect when the person is acting in some other capacity that would otherwise make the person a mandated reporter.

(b) Except as provided in paragraph (35) of subdivision (a), volunteers of public or private organizations whose duties require direct contact with and supervision of children are not mandated reporters but are encouraged to obtain training in the identification and reporting of child abuse and neglect and are further encouraged to report known or suspected instances of child abuse or neglect to an agency specified in Section 11165.9.

(c) (1) Except as provided in subdivision (d) and paragraph (2), employers are strongly encouraged to provide their employees who are mandated reporters with training in the duties imposed by this article. This training shall include training in child abuse and neglect identification and training in child abuse and neglect reporting. Whether or not employers provide their employees with training in child abuse and neglect identification and reporting, the employers shall provide their employees who are mandated reporters with the statement required pursuant to subdivision (a) of Section 11166.5.

(2) Employers subject to paragraphs (48) and (49) of subdivision (a) shall provide their employees who are mandated reporters with training in the duties imposed by this article. This training shall include training in child abuse and neglect identification and training in child abuse and neglect reporting. The training requirement may be met by completing the general online training for mandated reporters offered by the Office of Child Abuse Prevention in the State Department of Social Services.

(d) Pursuant to Section 44691 of the Education Code, school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools shall annually train their employees and persons working on their behalf specified in subdivision (a) in the duties of mandated reporters under the child abuse reporting laws. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.

(e) (1) On and after January 1, 2018, pursuant to Section 1596.8662 of the Health and Safety Code, a childcare licensee applicant shall take training in the duties of mandated reporters under the child abuse reporting laws as a condition of licensure, and a childcare administrator or an employee of a licensed child daycare facility shall take training in the duties of mandated reporters during the first 90 days when that administrator or employee is employed by the facility.

(2) A person specified in paragraph (1) who becomes a licensee, administrator, or employee of a licensed child daycare facility shall take renewal mandated reporter training every two years following the date on which that person completed the initial mandated reporter training. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.

(f) Unless otherwise specifically provided, the absence of training shall not excuse a mandated reporter from the duties imposed by this article.

(g) Public and private organizations are encouraged to provide their volunteers whose duties require direct contact with and supervision of children with training in the identification and reporting of child abuse and neglect.

(Amended by Stats. 2020, Ch. 243, Sec. 1. (AB 1963) Effective January 1, 2021.)

 

 

 

PUNISHMENT FOR THEIR CRIMES AGAINST CHILDREN, PUBLIC TRUST, PUBLIC DUTY AND IGNORANCE IS:

Consequences of Failing to Report
A person who fails to make a required report is guilty of a misdemeanor punishable by up to six months in jail and/or up to a $1,000 fine (California Penal Code Section 11166[c]).

 

 

Evidence Locker Below – Access Denied

Click Photo if to Access only if you know you have access, all other clicks will be considered trespassing by US Government

YOU ARE WORTHLESS JEALOUS BUMBLING LYING MORONS INCAPABLE OF SURVIVAL WITHOUT A GOVERMENT JOB, TOO DUMB TO SURVIVE LIKE A CIVILLIAN 

YOU ARE THE REASON PEOPLE SHOULD USE CONTRACEPTIVES, THE ONLY REASON, YOU ARE NOT NEEDED, YOU LIE YOU  ARE DUMB AND CORRUPTED = USELESS!
TO SPARE THE INTELLEGENT FROM DEALING WITH YOUR INSANITY OF YOUR INCOMPETANCE AND BIAS 

YOUR PARENTS WOULD HAVE SAVED THE GOVERMENT FROM A TORT

YOU ARE GUILTY OF CAUSING LYING ABUSING YOUR POWER HARMING DISOBEYING A COURT ORDER AIDING AND ABETTING A FUGITIVE CHILD ENDANGERMENT AND HARM TOP MY CIVIL RIGHTS AND CONSPIRACY TO HARM MY CIVIL RIGHTS

AND YOU ARE GUILTY ARE HARMING THE REALTIONSHIP TIME WITH MY SON. YOU HAVE HARMED THE REALTIONSHIP BETWEEN Daddy & Son  –  EACH ONE OF YOU WILL PAY $$ AND YOUR REPUTATION AND ACTIONS WILL BE FOREVER CEMENTED IN WEB HISTORY.

https://goodshepherdmedia.net/daddy-son-suffer/

Maybe CIU should investigate SIU, LHPD, GGPD and the Head DA Todd Spitzer as he is the superior who through pecking order oversees the subordinates under his control.  DA Bradbury (subordinate noun/adjective/verb) subordination and subordinate control of my case has committed Malicious Prosecution, he is guilty too of not watching his subordinate as his elected office has duties he is clearly failing and other duties he clearly violates and does run pay to play games as well.

“Personal involvement in deprivation of constitutional rights is prerequisite to award of damages, but defendant may be personally involved in constitutional deprivation by direct participation, failure to remedy wrongs after learning about it, creation of a policy or custom under which unconstitutional practices occur or gross negligence in managing subordinates who cause violation.” (Gallegos v. Haggerty, N.D. of New York, 689 F. Supp. 93 (1988). This ruling make DA Todd Spitzer Negligent and a conspirator 18 U.S. Code § 241 to the violation of my (42-us-code-1983-civil-action ) civil rights and is a violation of code 18 U.S. Code § 242

Before we place the stigma of a criminal conviction upon any such citizen the legislative mandate must be clear and unambiguous. Accordingly that which Chief Justice Marshall has called ‘the tenderness of the law Page 11 of 48 for the rights of individuals’ [FN1] entitles each person, regardless of economic or social status, to an unequivocal warning from the legislature as to whether he is within the class of persons subject to vicarious liability. Congress cannot be deemed to have intended to punish anyone who is not ‘plainly and unmistakably’ within the confines of the statute. United States v. Lacher, 134 U.S.  624, 628, 10 S. Ct. 625, 626, 33 L. Ed. 1080; United States v. Gradwell, 243 U.S. 476,485, 37 S. Ct. 407, 61 L. Ed. 857. FN1 United States v. Wiltberger, 5 Wheat. 76, 95, 5 L.Ed. 37.

We do not overlook those constitutional limitations which, for the protection of personal rights, must necessarily attend all investigations conducted under the authority of Congress. Neither branch of the legislative department, still less any merely administrative body, established by Congress, possesses, or can be invested with, a general power of making inquiry into the private affairs of the citizen. Kilbourn v. Thompson, 103 U. S. 168,196 [26: 377, 386].
We said in Boyd v. United States, 116 U. S. 616, 630 [29: 746, 751]—and it cannot be too often repeated—that the principles that embody the essence of constitutional liberty and security forbid all invasions on the part of the government and its employes of the sancity of a man’s home, and the privacies of his life.
As said by Mr. Justice Field in Re Pacific R. Commission, 32 Fed. Rep. 241,250, “of all the rights of the citizen, few are of greater importance or more essential to his peace and happiness than the right of personal security, and that involves, not merely protection of his person from assault, but exemption of his private affairs, books, and papers from the inspection and scrutiny of others. Without the enjoyment of this right, all others would lose half their value.”

“Ignorance of the law does not excuse misconduct in anyone, least of all in a sworn officer of the law.”   In re McCowan (1917), 177 C. 93, 170 P. 1100.

“All are presumed to know the law.”  San Francisco Gas Co. v. Brickwedel (1882), 62 C. 641; Dore v. Southern Pacific Co. (1912), 163 C. 182, 124 P. 817; People v. Flanagan (1924), 65 C.A. 268, 223 P. 1014; Lincoln v. Superior Court (1928), 95 C.A. 35, 271 P. 1107;  San Francisco Realty Co. v. Linnard (1929), 98 C.A. 33, 276 P. 368.

“It is one of the fundamental maxims of the common law that ignorance of the law excuses no one.”  Daniels v. Dean (1905), 2 C.A. 421, 84 P. 332.

In Galbraith v. County of Santa Clara, 307 F.3d 1119 (9th Cir. 2002.)  held that a malicious criminal prosecution was a naked constitutional tort, and was actionable under 42 U.S.C. § 1983 under the 4th Amendment. They just said it, basically out of thin air.

FRAUD BY GOVERNMENT

McNally v. U.S., 483 U.S. 350, 371-372 (1987),  McNally v. U.S., 483 U.S. 350, 371-372 (1987), Quoting U.S. v. Holzer, 816 F.2d. 304, 307: “Fraud in its elementary common law sense of deceit – and this is one of the meanings that fraud bears in the statute, see United States v. Dial, 757 F.2d 163, 168 (7th Cir. 1985) – includes the deliberate concealment of material information in a setting of fiduciary obligation. A public official is a fiduciary toward the public, including, in the case of a judge, the litigants who appear before him, and if he deliberately conceals material information from them he is guilty of fraud. BURDEN OF PROOF ” 

The law creates a presumption, where the burden is on a party to prove a material fact peculiarly within his knowledge and he fails without excuse to testify, that his testimony, if introduced, would be adverse to his interests.” citing Meier v. CIR, 199 F 2d 392, 396 (8th Cir. 1952) quoting 20 Am Jur, Evidence, Sec 190, page 193  Notification of legal responsibility is “the first essential of due process of law”.  See also: U.S. v. Tweel, 550 F.2d.297. “Silence can only be equated with fraud where there is a legal or moral duty to speak or when an inquiry left unanswered would be intentionally misleading.”  Clearfield Doctrine “Governments descend to the Level of a mere private corporation, and take on the characteristics of a mere private citizen…where private corporate commercial paper [Federal Reserve Notes] and securities [checks] is concerned. … For purposes of suit, such corporations and individuals are regarded as entities entirely separate from government.”

NO IMMUNITY

“Sovereign immunity does not apply where (as here) government is a lawbreaker or jurisdiction is the issue.” Arthur v. Fry, 300 F.Supp. 622 “Knowing failure to disclose material information necessary to prevent statement from being misleading, or making representation despite knowledge that it has no reasonable basis in fact, are actionable as fraud under law.” Rubinstein v. Collins, 20 F.3d 160, 1990

[a] “Party in interest may become liable for fraud by mere silent acquiescence and partaking of benefits of fraud.” Bransom v. Standard Hardware, Inc., 874 S.W.2d 919, 1994

Ex dolo malo non oritur actio. Out of fraud no action arises; fraud never gives a right of action. No court will lend its aid to a man who founds his cause of action upon an immoral or illegal act. As found in Black’s Law Dictionary, Fifth Edition, page 509.

“Fraud destroys the validity of everything into which it enters,” Nudd v. Burrows, 91 U.S 426.

“Fraud vitiates everything” Boyce v. Grundy, 3 Pet. 210

“Fraud vitiates the most solemn contracts, documents and even judgments.” U.S. v. Throckmorton, 98 US 61

U.S. v. Lee, 106 U.S. 196, 220 1 S. Ct. 240, 261, 27 L. Ed 171 (1882) “No man in this country is so high that he is above the law. No officer of the law may set that law at defiance with impunity. All the officers of the government, from the highest to the lowest, are creatures of the law and are bound to obey it. “

Civil Rights Torts

Thompson v. Clark 2022 – MALICIOUS PROSECUTOR & OFFICER

Holding: Larry Thompson’s showing that his criminal prosecution ended without a conviction satisfies the requirement to demonstrate a favorable termination of a criminal prosecution in a Fourth Amendment claim under Section 1983 for malicious prosecution; an affirmative indication of innocence is not needed.

Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 

403 U.S. 388 (1971), the U.S. Supreme Court held that federal officials can be sued personally for money damages for on-the-job conduct that violates the Constitution. Cases in which federal employees face personal liability cut across everything the government does in all three branches of government. Whether they are engaging in every-day law enforcement, protecting our borders, addressing national security, or implementing other critical government policies and functions, federal employees of every rank face the specter of personal liability.

When a Citizen challenges the acts of a federal or state official as being illegal, that official cannot just simply avoid liability based upon the fact that he is a public official. In United States v. Lee, 106 U.S.196, 220, 221, 1 S.Ct. 240, 261, the United States claimed title to Arlington, Lee’s estate, via a tax sale some years earlier, held to be void by the Court. In so voiding the title of the United States, the Court declared:
“No man in this country is so high that he is above the law. No officer of the law may set that law at defiance with impunity. All the officers of the government, from the highest to the lowest, are creatures of the law and are bound to obey it. It is the only supreme power in our system of government, and every man who by accepting office participates in its functions is only the more strongly bound to submit to that supremacy, and to observe the limitations which it imposes upon the exercise of the authority which it gives. “Shall it be said… that the courts cannot give remedy when the citizen has been deprived of his property by force, his estate seized and converted to the use of the government without any lawful authority, without any process of law, and without any compensation, because the president has ordered it and his officers are in possession? If such be the law of this country, it $anction$ a tyranny which has no existence in the monarchies of Europe, nor in any other government which has a just claim to well-regulated liberty and the protection of personal rights.“

Sullivan v. County of Los Angeles – 12 Cal.3d 710 – Mon, 11-04-1974 – MALICIOUS PROSECUTOR & OFFICER

Section 815.2 provides: "(a) A public entity is liable for injury proximately caused by an act or omission of an employee of the public entity
within the scope of his employment if the act or omission would, apart from this section, have given rise to a cause of action against that employee
or his personal representative.

[8] Malicious prosecution "consists of initiating or procuring the arrest and prosecution of another under lawful process,
    but from malicious motives and without probable cause. ... [Italics in original.] The test is whether the defendant was
    actively instrumental in causing the prosecution." (4 Witkin, Summary of Cal. Law (8th ed. 1974) Torts, § 242, pp. 2522-2523.)
    Cases dealing with actions for malicious prosecution against private persons require that the defendant has at least sought
    out the police or prosecutorial authorities and falsely reported facts to them indicating that plaintiff has committed a crime.
    (Rupp v. Summerfield (1958) 161 Cal.App.2d 657, 663 [326 P.2d 912]; Centers v. Dollar Markets (1950) 99 Cal.App.2d 534, 544-545 [222 P.2d 136].)
    Similarly the suits against government employees or entities cited by the Senate Committee in commenting upon section 821.6
    all involve the government employees' acts in filing charges or swearing out affidavits of criminal activity against the plaintiff.
    fn. 9 No case has predicated a finding of malicious prosecution on the holding of a person in jail beyond his term or beyond the completion
    of all criminal proceedings against him.United States v. Wiltberger

cited https://goodshepherdmedia.net/sullivan-v-county-of-los-angeles/

Civil Rights

Boyd v. United, 116 U.S. 616 at 635 (1885) Justice Bradley, “It may be that it is the obnoxious thing in its mildest form; but illegitimate and unconstitutional practices get their first footing in that way; namely, by silent approaches and slight deviations from legal modes of procedure. This can only be obviated by adhering to the rule that constitutional provisions for the security of persons and property should be liberally construed. A close and literal construction deprives them of half their efficacy, and leads to gradual depreciation of the right, as if it consisted more in sound than in substance. It is the duty of the Courts to be watchful for the Constitutional Rights of the Citizens, and against any stealthy encroachments thereon. Their motto should be Obsta Principiis.”

Downs v. Bidwell, 182 U.S. 244 (1901) “It will be an evil day for American Liberty if the theory of a government outside supreme law finds lodgement in our constitutional jurisprudence. No higher duty rests upon this Court than to exert its full authority to prevent all violations of the principles of the Constitution.”

Duncan v. Missouri, 152 U.S. 377, 382 (1894)  “Due process of law and the equal protection of the laws are secured if the laws operate on all alike, and do not subject the individual to an arbitrary exercise of the powers of government.”

Giozza v. Tiernan, 148 U.S. 657, 662 (1893), Citations Omitted “Undoubtedly it (the Fourteenth Amendment) forbids any arbitrary deprivation of life, liberty or property, and secures equal protection to all under like circumstances in the enjoyment of their rights… It is enough that there is no discrimination in favor of one as against another of the same class. …And due process of law within the meaning of the (Fifth and Fourteenth) amendment is secured if the laws operate on all alike, and do not subject the individual to an arbitrary exercise of the powers of government.”

Kentucky Railroad Tax Cases, 115 U.S. 321, 337 (1885) “The rule of equality… requires the same means and methods to be applied impartially to all the constitutents of each class, so that the law shall operate equally and uniformly upon all persons in similar circumstances”.

Butz v. Economou, 98 S. Ct. 2894 (1978); United States v. Lee, 106 U.S. at 220, 1 S. Ct. at 261 (1882) “No man [or woman] in this country is so high that he is above the law. No officer of the law may set that law at defiance with impunity. All the officers of the government from the highest to the lowest, are creatures of the law, and are bound to obey it.”

Olmstad v. United States, (1928) 277 U.S. 438 “Crime is contagious. If the Government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy.”

Mallowy v. Hogan, 378 U.S. 1 “All rights and safeguards contained in the first eight amendments to the federal Constitution are equally applicable.”

U.S. v. Lee, 106 U.S. 196, 220 1 S. Ct. 240, 261, 27 L. Ed 171 (1882) “No man in this country is so high that he is above the law. No officer of the law may set that law at defiance, with impunity. All the officers of the government, from the highest to the lowest, are creatures of the law are bound to obey it.” “It is the only supreme power in our system of government, and every man who, by accepting office participates in its functions, is only the more strongly bound to submit to that supremacy, and to observe the limitations which it imposes on the exercise of the authority which it gives.”

Murdock v. Penn., 319 US 105, (1943) “No state shall convert a liberty into a privilege, license it, and attach a fee to it.”

Shuttlesworth v. Birmingham, 373 US 262, (1969) “If the state converts a liberty into a privilege, the citizen can engage in the right with impunity.“

Miranda v. Arizona, 384 U.S. 436, (1966) “Where rights secured by the Constitution are involved, there can be no rule making or legislation, which would abrogate them.”

Norton v. Shelby County, 118 U.S. 425, (1886) “An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed.”

Miller v. U.S., 230 F.2d. 486 ,489 “The claim and exercise of a Constitutional right cannot be converted into a crime.“

Brady v. U.S., 397 U.S. 742, 748,(1970) “Waivers of Constitutional Rights, not only must they be voluntary, they must be knowingly intelligent acts done with sufficient awareness.”

Cooper v. Aaron, 358 U.S. 1, 78 S.Ct. 1401 (1958). “No state legislator or executive or judicial officer can war against the Constitution without violating his undertaking to support it. The constitutional theory is that we the people are the sovereigns, the state and federal officials only our agents.”

When any court violates the clean and unambiguous language of the Constitution, a fraud is perpetrated and no one is bound to obey it. (See 16 Ma. Jur. 2d 177, 178) State v. Sutton, 63 Minn. 147, 65 NW 262, 30 L.R.A. 630 Am. 459.

“The ‘liberty’ guaranteed by the constitution must be interpreted in the light of the common law, the principles and history of which were familiar and known to the framers of the constitution. This liberty denotes the right of the individual to engage in any of the common occupations of life, to locomote, and generally enjoy those rights long recognized at common law as essential to the orderly pursuit of happiness by free men.” Myer v. Nebraska, 262 U .S. 390, 399; United States v. Kim Ark, 169 U.S. 649, 654.

“An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed.” Norton vs. Shelby County, 118 US 425 p. 442.  “The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it.

“No one is bound to obey an unconstitutional law and no courts are bound to enforce it.”  16 Am Jur 2nd, Sec 177 late 2d, Sec 256.

All laws which are repugnant to the Constitution are null and void. Chief Justice Marshall, Marbury vs Madison, 5, U.S. (Cranch) 137, 174, 176 (1803).

It cannot be assumed that the framers of the constitution and the people who adopted it, did not intend that which is the plain import of the language used.   When the language of the constitution is positive and free of all ambiguity, all courts are not at liberty, by a resort to the refinements of legal learning, to restrict its obvious meaning to avoid the hardships of particular cases.  We must accept the constitution as it reads when its language is unambiguous, for it is the mandate of the sovereign power.  Cook vs Iverson, 122, N.M. 251.

It is a fundamental principle in our institutions, indispensable to the preservation of public liberty, that one of the separate departments of government shall not usurp powers committed by the Constitution to another department.  Mugler v. Kansas, 123 U.S. 623, 662.

An unconstitutional law is not a law, it confers no rights, imposes no duties, and affords no protection. Norton vs. Shelby County, 118 US 425.

“Primacy of position in our state constitution is accorded the Declaration of Rights; thus emphasizing the importance of those basic and inalienable rights of personal liberty and private property which are thereby reserved and guaranteed to the people and protected from arbitrary invasion or impairment from any governmental quarter. The Declaration of Rights constitutes a limitation upon the powers of every department of the state government. State ex rel. Davis v. Stuart. 64 A.L.R. 1307, 97 Fla. 69, 120 So. 335.

“The rights of the individual are not derived from governmental agencies, either municipal, state, or federal, or even from the Constitution. They exist inherently in every man, by endowment of the Creator, and are merely reaffirmed in the Constitution, and restricted only to the extent that they have been voluntarily surrendered by the citizenship to the agencies of government. The people’s rights are not derived from the government, but the government’s authority comes from the people. The Constitution but states again these rights already existing, and when legislative encroachment by the nation, state, or municipality invade these original and permanent rights, it is the duty of the courts to so declare, and to afford the necessary relief. City of Dallas, et al. v. Mitchell, 245 S. W. 944, 945-46 (1922).

The US Constitution is designated as a supreme enactment, a fundamental act of legislation by the people of the state.   The constitution is legislation direct from the people acting in their sovereign capacity, while a statute is legislation from their representatives, subject to limitations prescribed by the superior authority. Ellingham v. Dye, 178 Ind.  336; NE 1; 231 U.S. 250; 58 L. Ed. 206; 34 S. Ct. 92;  Sage v. New York, 154 NY 61; 47 NE 1096.

“Owner has constitutional right to use and enjoyment of his property.” Simpson v. Los Angeles (1935), 4 C.2d 60, 47 P.2d 474.

“We find it intolerable that one constitutional right should have to be surrendered in order to assert another”. SIMMONS v US, supra.

“When rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.” Miranda vs. Arizona, 384 US 436 p. 491.

“The claim and exercise of a Constitutional right cannot be converted into a crime.” Miller v. U.S. 230 F 2d 486, 489.

“History is clear that the first ten amendments to the Constitution were adopted to secure certain common law rights of the people, against invasion by the Federal Government.”  Bell v. Hood, 71 F.Supp., 813, 816 (1947) U.S.D.C. — So. Dist. CA.

you spoiled my right to a relationship with my son by perjurious statements in court and scheming to irritate, detract and divert attention from the real problem and paint me into a problem you sir will be SUED IN A CIVIL COURT when you get SUED WITH A TORT CLAIM on your department and county because you conspired to deprive me of my rights , by depriving me of  9.32 Particular Rights – Fourteenth Amendment – Interference with Parent/Child Relationship

you will be held accountable I DO NOT CARE YOU ARE A COP, YOU WONT BE FOREVER YOU WILL PAY, BUT WALMART IS HIRING AFTER ALL THIS SO DONT WORRY YOU STILL HAVE A SHIT LIFE JUST AT A DIFFERENT PLACE, A PLACE THAT DOES NOT ALLOW A PERSON WITH TRUST & POWER TO CORRUPT!  YOU WILL BE A POWERLESS LOW PAID WORKER WHEN AS YOU AGE, YOU ARE A LYING CORRUPT ASS PIG YOU WILL PAY MONETARILY & REPUTATION WISE 

you harmed me, my son, his grandparents and his brother  (my other son)

FRAUD$ BY GOVERNMENT

McNally v. U.S., 483 U.S. 350, 371-372 (1987),  McNally v. U.S., 483 U.S. 350, 371-372 (1987), Quoting U.S. v. Holzer, 816 F.2d. 304, 307: “Fraud in its elementary common law sense of deceit – and this is one of the meanings that fraud bears in the statute, see United States v. Dial, 757 F.2d 163, 168 (7th Cir. 1985) – includes the deliberate concealment of material information in a setting of fiduciary obligation. A public official is a fiduciary toward the public, including, in the case of a judge, the litigants who appear before him, and if he deliberately conceals material information from them he is guilty of fraud. BURDEN OF PROOF ” 

The law creates a presumption, where the burden is on a party to prove a material fact peculiarly within his knowledge and he fails without excuse to testify, that his testimony, if introduced, would be adverse to his interests.” citing Meier v. CIR, 199 F 2d 392, 396 (8th Cir. 1952) quoting 20 Am Jur, Evidence, Sec 190, page 193  Notification of legal responsibility is “the first essential of due process of law”.  See also: U.S. v. Tweel, 550 F.2d.297. “Silence can only be equated with fraud where there is a legal or moral duty to speak or when an inquiry left unanswered would be intentionally misleading.”  Clearfield Doctrine “Governments descend to the Level of a mere private corporation, and take on the characteristics of a mere private citizen…where private corporate commercial paper [Federal Reserve Notes] and securities [checks] is concerned. … For purposes of suit, such corporations and individuals are regarded as entities entirely separate from government.”

42 U.S.C.A. Sec. 1983.” Trezevant v. City of Tampa (1984) 741 F.2d 336, hn. 5 Mattox v. U.S., 156 US 237,243. (1895) “We are bound to interpret the Constitution in the light of the law as it existed at the time it was adopted.”

S. Carolina v. U.S., 199 U.S. 437, 448 (1905).“The Constitution is a written instrument. As such, its meaning does not alter. That which it meant when it was adopted, it means now.”

SHAPIRO vs. THOMSON, 394 U. S. 618 April 21, 1969 .Further, the Right to TRAVEL by private conveyance for private purposes upon the Common way can NOT BE INFRINGED. No license or permission is required for TRAVEL when such TRAVEL IS NOT for the purpose of [COMMERCIAL] PROFIT OR GAIN on the open highways operating under license IN COMMERCE.

Juri$diction

[U.S. v. Gernie, 228 F.Supp. 329 (D.C.N.Y. 1964)] Jurisdiction of court may be challenged at any stage of the proceeding, and also may be challenged after conviction and execution of judgment by way of writ of habeas corpus.

Ableman v. Booth, 21 Howard 506 (1859) “No judicial process, whatever form it may assume, can have any lawful authority outside of the limits of the juri$diction of the court or judge by whom it is issued; and an attempt to enforce it beyond these boundaries is nothing less than lawless violence.”

“Juri$diction, once challenged, cannot be assumed and must be decided.” Maine v. Thiboutot, 100 S. Ct. 250

[U.S. v. Rogers, 23 F. 658 (D.C.Ark. 1885)] In a criminal proceeding lack of subject matter jurisdiction cannot be waived and may be asserted at any time by collateral attack.

Those were Bar and Business Code Violations
(with Penal attachments for code violation)

Rule 3.1 Meritorious Claims and Contentions

Rule 1.1 Competence 

Rule 5-100 Threatening Criminal, Administrative, or Disciplinary Charges Caitly had her CHUMP PUNK PIG ABUSE BRUCE BLANK (BRAIN DEAD MORON)

Rule 3.3 Candor Toward the Tribunal
(1) Make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer;
(2) Fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; or
(3) Offer evidence that the lawyer knows to be false. If a lawyer, the lawyer’s client or a witness called by the lawyer has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal. A lawyer may refuse to offer evidence, other than the testimony of a defendant in a criminal matter that the lawyer reasonably believes is false.

Rule 4.1 Truthfulness in Statements to Others I HAVE ATTACHED ALL HIS LIES
Truthfulness in Statements to Others also covers the duty of candor. He actually tells statements he knows to be false which is not allowed even when protecting confidentiality

Rules 1.2.1 [Advising or Assisting the Violation of Law) HE HELPED NIGEL STAY IN HOME

Rule 8.4 Misconduct

• To bring an action, conduct a defense, assert a position in litigation, or take an appeal, without probable cause and for the purpose of harassing or maliciously injuring any person; or
• To present a claim or defense in litigation that is not warranted under existing law, unless it can be supported by a good faith argument for an extension, modification, or reversal of such existing law.
  Id. at Rule 3-200; see also Cal. Bus. & Prof. Code § 6068.Subsection (c) provides that an attorney must counsel only just actions or defenses except if the client is charged with a public offense. Subsection (d) embodies the duty of candor and provides that may only do such things that are consistent with the truth. A violation of these rules could subject the attorney to suspension or disbarment. Cal. Bus. & Prof. Code § 6103.
• California Rule of Professional Conduct 5-200, Trial Conduct, states that in presenting a matter to a tribunal, a member:
  • • • Shall employ, for the purpose of maintaining the causes confided to the member, such means only as are consistent with truth; told the court Nigel has moved out even though I had emailed him surveillance and I presented to the court evidence contrary to his statements he denied my claims and mislead the court and bold face lied to them
      • Shall not seek to mislead the judge, judicial officer or jury by an artifice or false statement of fact or law; told through suggestion to the judge by not returning my son who fears moms home that I am kidnapping my son, even though I have police incident reports I show up to each exchange and the child refuses to go even after speaking with the sheriff and he said I put a gun to my sons head
      • Shall not intentionally misquote to a tribunal the language of a book, statute or decision; he did this by telling the court flat out lies on several instances including misleading by misquoting the tribunal decision previously  the CONTENTS OF THE JUDGES ORDER TO PROTECT MY SON. Mr. Toepel also told the courts this with vexatious litigant told the court I fit the criteria which is lying and misleading the Tribunal. Mr. Toepel had the court make an erroneous decision and declare me a Vexatious litigant. I NEVER FIT ANY CRITERIA! Code of Civil Procedure section 391(b) clearly states – Vexatious litigant requires in a 7-year period maintained in propria persona at least 5 litigations other than small claims court that has been finally determined adversely to the person. I have exactly 0 cases that fall into this classification. I have testimony from Mr. Toepel via transcripts of numerous attempts to mislead the judge to declare me a vexatious litigant
      • he used this order to criminally cause issues for me and still completely lock me out of communication and the ability to fight for my rights to fatherhood he helps take from me by grossly misleading to the court on every occasion he attended
      • Shall not, knowing its invalidity, cite as authority a decision that has been overruled or a statute that has been repealed or declared unconstitutional; and he tried to seek a restraining order against flyer distribution which is my 1^st amendment rights to send out regarding information that is factual news about members of the community (judge denied him)
        He attempts to get restraining orders one for himself and one for his client he received both under a complete lie and false pretenses. He misleads the court about the physical danger he and his client were in. Never once did I threaten their physical safety however I did exercise my 1^st amendment rights, my freedom of speech allows me to complain on Google Reveiws, Yelp, and any supervisory person incharge of either their license of them if they are in commission of a violation of their sworn duties. I cannot be prevent or punished from complaining unless they are fake or false.  He also told the court that he will communicate with me, as I am PRO PER, for legal matters only if the judge issues the restraining order, he issued it and I tried communicating over 50 times via email and voice message to no avail. He lied to the issuing judge and used this order to criminally cause issues for me and still completely lock me out of communication and the ability to fight for my rights to fatherhood he helps take from me by grossly misleading to the court on every occasion he attended
        Rule 5-200 provides that an attorney will present in front of the court using only those means that are consistent with the truth and shall not act to mislead the judge, judicial officer or jury through a false statement of the law or fact, nor shall the attorney intentionally misquote a source or knowingly cite invalid authority.
        Cal. Rule of Prof. Conduct 5-200 provides that “[i]n presenting a matter to a tribunal, a member: (b) shall not seek to mislead the judge, judicial officer, or jury by an artifice or false statement of fact or law.” See also Mendez v. Superior Court, 162 Cal. App.4th 827 (2009) (observing that “‘“ [c]ounsel should not forget that they are officers of the court, and while it is their duty to protect and defend the interests of their clients, the obligation is equally imperative to aid the court in avoiding error and in determining the cause in accordance with justice and the established rules of practice.”’”)
        Id. at Rule 5-200. For a discussion of the duty of candor, and its application in questions about witnesses, client perjury, and citing authority, see Wendy Patrick Mazzarella, Lawyer’s Duty of Candor: Zealous representation can lead attorneys down a slippery slope right up to the ethical edge, CALIFORNIA BAR JOURNAL (April 2007), available at https://archive.calbar.ca.gov/archive/Archive.aspx?articleId=84844&categoryId=84645&month=4&year=2007If you are reading this in print and the link is too hard I have shortened it with a link shortening service by TINYURL in which will redirect you too the actual CALBAR link above  https://tinyurl.com/truthcalbarCal. Rules Prof. Conduct, 5-200.
        People v. Davis, 48 Cal.2d 241, 257 (1957); In re Branch, 70 Cal.2d 200, 210-211 (1969); Cal. Penal Code § 127. “Every person who willfully procures another person to commit perjury is guilty of subornation of perjury. . . .” and may be punished as if he had perjured himself, which includes a prison term of two, three or four years. Cal. Penal Code §§ 126-27. 475 U.S. 157 (where defendant, in presenting claim of self-defense shortly before trial that he’d seen something metallic in the victim’s hand and told his attorney that “[i]f I don’t say I saw a gun, I’m dead”, the defendant did not render ineffective assistance of counsel when he told his client he would tell the court and withdraw as his attorney if the client so perjured himself; the client did not present the perjured testimony as was convicted).
        Nix, supra 475 U.S. at 169-70.
        People v. Johnson, 62 Cal.App.4th 608 (1998) (finding it error when attorney told court he had an “ethical conflict” calling him as a witness and the court prevented the defendant from testifying).
        Cal. Rules Prof. Conduct 3-310(B)(4) provides that an attorney can’t accept or continue representation of a client without providing written disclosure when has or has had legal, business, financial or professional interest in the subject matter of the representation.
        ABA Model Rules 4.1(a) (2008).
        ABA Model Rules 4.1 cmt. 2 (2008).
        Cal. Evid. Code § 1126. 17 ABA Model Rules 3.3(a)(2) (2008).

• 26 U.S. Code § 7206 – Fraud and false statements learn at Cornell Lawhere
• perjury when Paul Toepel attorney of law perjured himself in court  Perjury – California Penal Code 118 PC describes perjury as knowingly providing false testimony while under oath, which is a felony offense punishable by up to four years in jail.
• CALIFORNIA ATTORNEY MISCONDUCT LAW
  State Bar Court decision, In the Matter of Maloney and Virsik:
  “[The attorneys] committed acts of moral turpitude in wilful violation of section 6106 by knowingly making repeated misrepresentations to the Superior Court. It is well established that acts of moral turpitude include an attorney’s false or misleading statements to a court or tribunal…The actual intent to deceive is not necessary…Acts of moral turpitude include concealment as well as affirmative misrepresentations…
  [N]o distinction can be drawn among concealment, half-truth, and false statement of fact…Also, it is not necessary that [the attorneys] actually succeeded in perpetrating a fraud on the court…These [court] pleadings were permeated with half-truths, omissions, and outright misstatements of fact and law. The Supreme Court has denounced such misleading conduct and has not hesitated to impose discipline in such cases.”
  Lawyers have always had a duty to be honest and truthful pursuant to general ethical principles, as well as the State Bar Act. The newest version of the Rules of Professional Conduct, effective November 1, 2018, provides more specific guidance to lawyers relative to this duty. Rules 1.2.1, 1.6, 3.4, 4.1, 4.2, 4.3,7.1 through 7.5, and 8.4 are all implicated in this duty, as well as Business & Professions Code (“B&P”) sections 6068(d), 6106, and 6128, among others. This discussion will focus on the B&P Code sections, violations of which constitute cause for disbarment or other State Bar sanction, including but not limited to suspension, fines, and re-taking the Professional Responsibility examination.
  Lawyers are required to be truthful not only in dealing with the court and parties in litigation, but also in transactional matters and document preparation. Violations by a lawyer of these requirements can result in not only liability in tort — to one’s own client as well as opposing parties and counsel — but also in State Bar discipline.
  The B&P Code is the source that allows the State Bar to prosecute lawyers for violations of ethical requirements, and section 6068 contains a long list of an attorney’s duties: “It is the duty of an attorney to do all of the following: …

(d) to employ, for the purpose of meeting the causes confided to him or her those means only as are consistent with truth, and never to seek to mislead the judgeor any judicial officer by an artifice or false statement of fact or law. (Emphasis added.)
Opposing lawyers, as “officers of the court”, are duty-bound to not only tell the truth, but not to omit information that would cause the court or opposing counsel to be misled. This applies not only to litigated matters, but to “all causes confided to him or her”. See Shafer v. Berger, Kahn, et al. (2003) 107 Cal.App.4^th 54 for a lengthy discussion of attorney misrepresentations which were determined to be fraudulent, including statements made by counsel during settlement negotiations.

WHAT TO KNOW ABOUT THE TRUTH CLICK HERE TO LEARN MORE

MALICIOU$ PRO$ECUTOR$ = OCDA OFFICE THE WHOLE THING IS OFF

CHILD ENDANGERMENT, FAILURE TO ACT MALICIOUS  PROSECUTION AS WELL

Never helping Me or My son with a bonified Child Sex Crime of PC 288 and PC 288.2 

i still have the APPLE BACKUP OF THE DEVICE WHICH CLEARLY HAS ALL THE PHONE CALLS AND TEXTS BETWEEN ME AND MY SON ON HIS PRIMARY COMMUNICATION DEVICE THAT I ALSO FOUND HIS ADULT BROTHER DICK ALL OVER THAT WERE TAKEN IN PUBLIC PARKS. CAITLYN IS SO DUMB OF A CUNT SHE THOUGHT I WAS REPORTING THE CRIME OF DICK PICS IN A PARK! WOW DUMB CUNT YOU WERE TOLD THAT THEY WERE DICK PICS ON MY SON’S PHONE THE LOCATION TAKEN DOES NOT MATTER, THAT CRIME WOULD HAVE BEEN INDECENT EXPOSURE REQUIRING A VICTIM IN THE PARK TO REPORT THAT MISDEMEANOR. I WAS NOT REPORTING THAT DUMB CUNT! I WAS REPORTING THE FACT THE PHOTOS WERE FOUND ON MY SONS PHONE, HE DOES NOT NEED TO SEE THEM WITH HIS EYES FOR THE CRIME TO HAVE BEEN COMITTED. THE MERE TAKING OF MY SONS PRIMARY COMMUNITCATION DEVICE , TAKING SAID BORROWED/STOLEN PHONE AS AN ADULT TO A PARK TO PHOTO HIS COCK AND DO THIS OVER A MULTITUDE OF TIMES, DAYS, AND LOCATIONS WOULD, MEANWHILE MY SON HAS RECEIVED THE PHONE BACK MANY TIMES WHERE HE PROCEEDS TO TEXT, CALL ME AND USE THE PHOTO APP FOR HIS POWN PHOTOS WHERE I CAN SEE HIS PHOTOS IN BETWEEN ADULT DICK PHOTOS

YOU FAILED TO PROTECT MY MINOR SON, THE CRIME WAS COMMITTED Never helping Me or My son with a bonified Child Sex Crime of PC 288 and PC 288.2 

YOU THEN BECAME A VINDICTIVE CUNT AS ALL WORTHLESS DUMB WOMEN ALWAYS DO, THEN YOU GOT SOME LOW BALL BETA MALE TO HELP YOU PUT A CASE ON ME AND YOUR CLUCK WAS BRADBURY THE BETA BITCH MALICOUS IDIOT WHO IS CAPTAIN SAVE A BLONDE DUMB CUNT HOE!

DA Caitlyn Harrington & Detective Jason Forgash  & Officer Montano & a Watch commander (all recorded by me) did this to me! She is the “dumb worthless young wet behind the ear cunt” I called her, SHE IS SO DUMB she puts it in her 653(m)  vindictive prosecution of me that she never answered my complaint of Gregory and his dick pics on my sons phone because their office is now vindictively  prosecuting me for Montano the lying pig that not only put a temporary restraining order for Marcia (baby mama) he lied and said he served me, but he did not, i never lived with Marcia. I lived at the time in Santa Clarita. Then this Dbag Montano is one of the same officers sent to investigate DICK PICS ON MY SONS PHONE, which as him  being in officer in both instances one for the mother one against the mother and no help to me is proof of bias as well. read all their reports….! Marcia ask LHPD to let her know if I call them (LHPD) to report anything at which in the report the officer in one of Marcia’s complaints has a “We told her we would notify her” wow so she gets warnings calls from LHPD when I call to report her violating the court order and allowing the sex offender in the home. Huntleman can’t even honor Judge’s stay away orders protecting my son from a wanted sex offender.  He also does not arrest sex offenders with fugitve bench warrants as he is too insubordinate and incapable of being able and apt to carry out his duty as a sworn officer of the constitution first, then federal law, the state law

424 F.2d 1021 US v.  Horton R. PRUDDEN,No. 28140. . United States Court of Appeals, Fifth Circuit.April 1970 Silence can only be equated with fraud where there is a legal or moral duty to speak or where an inquiry left unanswered would be intentionally misleading.

U.S. v. Tweel, 550 F. 2d. 297, 299, 300 (1977) Silence can only be equated with fraud when there is a legal and moral duty to speak or when an inquiry left unanswered would be intentionally misleading. We cannot condone this shocking conduct… If that is the case we hope our message is clear. This sort of deception will not be tolerated and if this is routine it should be corrected immediately.

Morrison v. Coddington, 662 P. 2d. 155, 135 Ariz. 480(1983). Fraud and deceit may arise from silence where there is a duty to speak the truth, as well as from speaking an untruth. In regard to courts of inferior jurisdiction, “if the record does not show upon its face the facts necessary to give jurisdiction, they will be presumed not to have existed.”

OFFICER HUNTLEMAN WONT BE A COP LONG. HE IS A LIAR, A FRAMER, AND A CONSTITUTINOAL RIGHTS VIOLATOR. HE IS A POOR BANKRUPT CRIMINAL NOT A COP BUT A PIG 🐖 🐷 WALMART IS ALWAYS HIRING BRYAN, YOU WILL BE ADDRESS BY A FIRST NAME NAMECARD AS WALMART EMPLOYEE, THEY HAVE RETIREMENT PLANS, ALBEIT NOT AS GOOD AS THE POLICE DEPARTMENT

WHEN THE LAST TIME YOU ROAMED THE OCEAN ON YOUR BOAT WITH YOUR KID?
WHEN THE LAST TIME YOU HAD YOUR KID DRIVE IN YOUR LAMBO?
WHEN THE LAST TIME YOUR FLEW A HELICOPTER?
AND BESIDE MONEY WHICH I TRUMP YOUR PUNK BROKE BANKRUPT ASS IN… MONEY MEANS NOTHING TO ME

MONEY IS A TOOL FOR LIVING, YOU NEED IT, I DO NOT!

GOD HAS BLESSED ME FOR HARD WORK AND DEDICATION AND PREACHING HIS WORD.
GOD WORKS ON THOSE WHO WORK FOR HIM

YOU KNONW WHY? GOD IS TAUGHT IN MY HOME FROM DAY 1

I HAVE THE RESEPCT AND LOVE OF MY SON AND NOT TO MANY FATHERS CAN SAY THAT

YOU INTERUPTED AND PARTICIPATED IN DESTRUCTION OF A FAMILY UNIT AND LETTING EVIL AROUND A CHILD MY CHILD, LAWS WERE SET IN PLACE AND YOU IGNORED BOTH THE WARRANT AND JUDGES ORDER TO NOT HAVE THE SEX OFFENDER THERE! YOU ARE A FUCK WAD AND FINISHED IN LAW, GO TO WALMART SIGNUP EARLY YOU WILL NEED PLAN B NOW!@

YOU HAVE FUCKED UP

TIME FOR GETTING A NEW CARRER AFTER YOU ARE HELD ACCOUNTABLE