Police & Jail Procedure Expert Lichten Says Dakota County Personnel's Actions Were "Unreasonable, Unnecessary, And Below The Professional Standard Of Care Expected Of Professionally Trained, Reasonable" Staff? Lichten Says That Attorney Michelle "One Foot In The Shit" MacDonald Should Have Been Cited & Released But Not Jailed?

Context, okay?

Plaintiff Michelle MacDonald Shimota, Thomas G. Shimota v.s Defendant Bob Wegner, Christopher Melton, Dakota County, Daniel Fluegel, Fluegel Law Firm, P.A., Jane Does 1-10, John 1-10 Does, Jon Napper, Timothy Gonder

Retention: On November 25, 2016, I was retained by attorney Mr. Michael Padden on behalf of the plaintiffs. I was asked to review the documents and render expert opinions about the this case.  Primary opinions: Based on my understanding and my review of the listed materials, my primary opinions are:

Opinion #1: 
Deputy Gondor and Sergeant Melton had the capacity to issue a citation to the plaintiff instead of bringing her to jail where she spent the night.

Because there was sufficient information available to issue the plaintiff a citation and because there was also the likely ability to forgo the citation process entirely and simply seek a criminal charge via the filing of a police report, in all probability it was the intended aim of Deputy Gondor and Sergeant Melton to keep the plaintiff in custody.

Keeping the plaintiff in jail when she could have been released on a citation was unreasonable, unnecessary and below the profession standard of care expected of a professionally trained, reasonable deputy and sergeant.  Police and Jail Procedures, Inc. Richard Lichten, CLS MacDonald, et al, v. Dakota County, et all. Civil No. 0:15-cv-01590-JRT-JJK (Minnesota) Expert report by Richard Lichten, CLS, dated January 16, 2017. CASE 0:15-cv-01590-JRT-KMM Document 103-1 Filed 03/02/17 Page 4-5 of 30

Context, okay?

Case Number: 19HA-CR-13-2934
Citation Number: 190000001505 190000001505
Defendant Info: MacDonald Shimota, Michelle  11/05/1961
Filed/Location/Judicial Officer: 09/13/2013 Dakota-Hastings - Criminal/Traffic/Petty Metzen, Leslie May
Type/Status: Crim/Traf Mandatory Closed
Charge(s): Contempt of Court - Willful Disobedience to Court Mandate, Obstruct Legal Process-Lawful Execution Legal Process
Disposition/Level of Sentence: Dismissed, Dismissed

Register of Actions
Case No. 19HA-CR-13-2934 State of Minnesota vs Michelle MacDonald Shimota

DISPOSITIONS 04/04/2014  Disposition (Judicial Officer: Metzen, Leslie May)
1. Contempt of Court - Willful Disobedience to Court Mandate Dismissed
2. Obstruct Legal Process-Lawful Execution Legal Process Dismissed

OTHER EVENTS AND HEARINGS
09/13/2013 Citation

Opinion #2:
Correctional Deputy Dillard and Corporal Byrd had the capability to issue a citation to the plaintiff instead of keeping her in jail.

Because there was sufficient information available to issue the plaintiff a citation in all probability it was the intended aim of the Correctional Deputy Dillard, Corporal Byrd, and possibly other jail staff to keep the plaintiff in custody.          

Keeping the plaintiff in jail when she could have been released on a citation was unreasonable, unnecessary and below the profession standard of care expected of a professionally trained, reasonable correctional deputies and corporal. Police and Jail Procedures, Inc. Richard Lichten, CLS MacDonald, et al, v. Dakota County, et all. Civil No. 0:15-cv-01590-JRT-JJK (Minnesota) Expert report by Richard Lichten, CLS, dated January 16, 2017. CASE 0:15-cv-01590-JRT-KMM Document 103-1 Filed 03/02/17 Page 5 of 30

Opinion #3:

Unless there are objective reasons why the plaintiff’s roll of toilet paper, mattress, and possibly her pillow were taken away; and unless there are objective reasons why the plaintiff was not given a blanket then the plaintiff’s treatment in jail would be unreasonable, unnecessary and below the     profession standard of care expected of a professionally trained, reasonable deputy. Police and Jail Procedures, Inc. Richard Lichten, CLS MacDonald, et al, v. Dakota County, et all. Civil No. 0:15-cv-01590-JRT-JJK (Minnesota) Expert report by Richard Lichten, CLS, dated January 16, 2017. CASE 0:15-cv-01590-JRT-KMM Document 103-1 Filed 03/02/17 Page 5 of 30

Opinion #4:

Since the plaintiff was photographed and fingerprinted and since her identity was known to the jail staff at intake, coupled with the act that the plaintiff was issued a booking number and Jacket ID number, there was no reason not to allow the plaintiff access to a telephone to called her lover ones and arrange bail or bond. 

Not allowing access to a telephone in this case was unreasonable, unnecessary and below the profession standard of care when a prisoner processes into a jail. Police and Jail Procedures, Inc. Richard Lichten, CLS MacDonald, et al, v. Dakota County, et all. Civil No. 0:15-cv-01590-JRT-JJK (Minnesota) Expert report by Richard Lichten, CLS, dated January 16, 2017. CASE 0:15-cv-01590-JRT-KMM Document 103-1 Filed 03/02/17 Page 5-6 of 30

Opinion #5:

Unless there are objective reasons why the plaintiff could not be released from the courtroom at the time the judge ordered her released, then bringing her back to the jail and keeping her in custody for hours before finally being released would be  unreasonable, unnecessary and below the profession standard of care expected of professionally trained,. reasonable deputies. Police and Jail Procedures, Inc. Richard Lichten, CLS MacDonald, et al, v. Dakota County, et all. Civil No. 0:15-cv-01590-JRT-JJK (Minnesota) Expert report by Richard Lichten, CLS, dated January 16, 2017. CASE 0:15-cv-01590-JRT-KMM Document 103-1 Filed 03/02/17 Page 6 of 30

Opinion #6:

If the Dakota County Jail must follow the United States Department of Justice Prison Rape Elimination Act, or what is commonly called PREA, then the jail is in violation of the PREA rules as there is no evidence the plaintiff was assessed or educated about PREA at her intake.  Police and Jail Procedures, Inc. Richard Lichten, CLS MacDonald, et al, v. Dakota County, et all. Civil No. 0:15-cv-01590-JRT-JJK (Minnesota) Expert report by Richard Lichten, CLS, dated January 16, 2017. CASE 0:15-cv-01590-JRT-KMM Document 103-1 Filed 03/02/17 Page 6 of 30

Best practice for issuing a citation:

55. It is best practice that if the stated goal of reasonable deputies is to cite out the arrestee, then once professionally trained deputies obtain the minimally needed information to issue a citation rather than keep a citable person in jail, they would issue a citation.

56. Reasonable deputies know when the needed citation information is obtained is not always necessary to have the person to be cited answer questions and verbally concur with the information obtained by the reasonable deputy.

56.1 Reasonable deputies also know that if the person to be cited refuses to sign the citation, then reasonable deputies would have cause to keep the person in custody until the person can appear in court. Police and Jail Procedures, Inc. Richard Lichten, CLS MacDonald, et al, v. Dakota County, et all. Civil No. 0:15-cv-01590-JRT-JJK (Minnesota) Expert report by Richard Lichten, CLS, dated January 16, 2017. CASE 0:15-cv-01590-JRT-KMM Document 103-1 Filed 03/02/17 Page 21 of 30

The plaintiff is taken to and housed at the jail:
The plaintiff if positively identified, yet was still not released on a citation:

58. According to the report by Correctional Deputy S. Dillard, item 2, bates DC-42, the plaintiff was escorted to the jail at 1515 hours by Deputy Gonder.

59. The report showed the plaintiff’s name and date of birth was known before the plaintiff was fingerprinted.

59.1 This means that the identification of the plaintiff was known before she was taken to the jail. If that was the case, then the plaintiff ought to have been issued a citation and released at the courthouse and not taken to the jail in the first place.

60. According to this report, Deputy Gondor told Correctional Deputy S. Dillard that the plaintiff was “passive aggressive.”

61. This report states that once at the intake area of the jail the plaintiff refused to respond to questions and refused to give “proper identification.”

62. Correctional Deputy S. Dillard wrote in this report that, “Deputy Hoover #213 was able to obtain both index prints on the IBIS Machine to obtain a positive identification on MacDonald.” If that was the case, then the plaintiff ought to have been issued a citation and released immediately an not kept in jail.

63. The plaintiff contends she was not allowed the opportunity to be released on bond or bail. Since the identification of the plaintiff was known, there was no reason to not allow the plaintiff the opportunity to arrange bond or bail.

64. I know from my background and experience that keeping the plaintiff in jail when she could have and should have been cited out or allowed to arrange bail or bond, was unreasonable, unnecessary, and below the professional standard of care expected of a professionally trained, reasonable, correctional supervisor (Corporal Byrd was present during the intake process.)

65. The plaintiff’s property was taken from her at the jail which is standard procedure and her property was listed on a property form which is also standard procedure. What is important to note is that the plaintiff’s identification (name, DOB, and DL) is shown on this property form along with a booking number and jacket id number which indicates the plaintiff had been identified and booked at the jail. Item 13. Police and Jail Procedures, Inc. Richard Lichten, CLS MacDonald, et al, v. Dakota County, et all. Civil No. 0:15-cv-01590-JRT-JJK (Minnesota) Expert report by Richard Lichten, CLS, dated January 16, 2017. CASE 0:15-cv-01590-JRT-KMM Document 103-1 Filed 03/02/17 Page 21-22 of 30

The plaintiff was not allowed to make telephone calls until booked:

66. The report written by Deputy Dillard, item 2, states that Corporal Byrd told the plaintiff that she would not be able to make a telephone call until after she was booked. The plaintiff contends that since she was never booked, she was not permitted to make a telephone call.

67. Since plaintiff’s identity was known and since she was fingerprinted and photographed, and since the plaintiff had her booking number assigned to her (see the Inmate Property form, item 13) the plaintiff should have and could have been released on a citation, there was no justification not to allow her use of a telephone.

67.1 Once a prisoner is photographed and fingerprinted, once their identity is known, and once they have an official booing number assigned then based on my background and experience in booking prisoners, I know that reasonable deputies would have considered plaintiff booked for all intents and purposes.

67.2 Not allowing a newly arrived prisoner access to a telephone, especially if the identity of the person is known, as in this case, is below the standard of care of professional trained, reasonable correctional deputy.

68. Hypothetically, if a person is brought to jail and for whatever the reason refuses to speak or physically cannot speak and there is no way to ascertain the true identity of the person so the person is booked as a John/Jane Doe, does this mean this person is never allowed to use a telephone at anytime? Of course not. Police and Jail Procedures, Inc. Richard Lichten, CLS MacDonald, et al, v. Dakota County, et all. Civil No. 0:15-cv-01590-JRT-JJK (Minnesota) Expert report by Richard Lichten, CLS, dated January 16, 2017. CASE 0:15-cv-01590-JRT-KMM Document 103-1 Filed 03/02/17 Page 22-23 of 30

The Prison Rape Elimination Act (PREA):

74. If the Dakota County Jail accepts federal funding, then the jail must follow the rules under the United States Department of Justice, Prison Rape Elimination Act or what is commonly called PREA. If the jail is mandated to follow PREA, then under section 115.33, Inmate Education, the plaintiff would have received information explaining the agency’s zero-tolerance policy abut sexual abuse, etc. at intake. In addition, the plaintiff would have been assessed at intake for risk of sexual assault under 115. 41.

74.1 If the jail must follow PREA, then they are in violation of the PREA rules as there is no evidence the plaintiff was assessed or educated about PREA. Police and Jail Procedures, Inc. Richard Lichten, CLS MacDonald, et al, v. Dakota County, et all. Civil No. 0:15-cv-01590-JRT-JJK (Minnesota) Expert report by Richard Lichten, CLS, dated January 16, 2017. CASE 0:15-cv-01590-JRT-KMM Document 103-1 Filed 03/02/17 Page 24 of 30

The plaintiff is returned to jail and later released:

75. The evidence show that on September 13, 2013, the  plaintiff was brought before Judge Tim Wermager who signed an order to have her released immediately. The plaintiff contends she was brought back to the jail and released hours later.

76. I know from my background and experience that in some case there are policies and procedures that require a prisoner to be released from the jail and not directly from the courthouse.

77. If the Sheriff’s Department has such policies and procedures, I request to see them. Unless there are objective reasons why the plaintiff could not be released from the courtroom, then keeping her in custody for hours before finally being released would be unreasonable, unnecessary, excessive, and below the professional standard of care expected of professionally trained, reasonable deputies. Police and Jail Procedures, Inc. Richard Lichten, CLS MacDonald, et al, v. Dakota County, et all. Civil No. 0:15-cv-01590-JRT-JJK (Minnesota) Expert report by Richard Lichten, CLS, dated January 16, 2017. CASE 0:15-cv-01590-JRT-KMM Document 103-1 Filed 03/02/17 Page 25 of 30

No Internal Affairs investigation or administrative investigation:

78. If the Dakota County Sheriff’s Department supervisors and managers failed to conduct an objective and thorough Internal Affairs or administrative investigation into any and all policy violations in this case then this tends to reflect a continuing pattern and practice of the Dakota County Sheriff’s Department to excuse the actions of the court deputies and sergeant, the jail staff and jail medical staff involved. The failure of the law enforcement agency to investigate those actions is a ratification of the involved personnel. Police and Jail Procedures, Inc. Richard Lichten, CLS MacDonald, et al, v. Dakota County, et all. Civil No. 0:15-cv-01590-JRT-JJK (Minnesota) Expert report by Richard Lichten, CLS, dated January 16, 2017. CASE 0:15-cv-01590-JRT-KMM Document 103-1 Filed 03/02/17 Page 25 of 30

The issue of retaliation:

79. The plaintiff contends she was retaliated against for her criticizing and filing a lawsuit against Judge Knutson.

79.1 I am not opining on this issue. The jury will decide if there was retaliation by not issuing the plaintiff a citation when it was possible to do so and thereby causing the plaintiff to spend the night in jail for a crime of taking a photograph of a deputy inside a courtroom.

80. In my expert opinion, the evidence in this case demonstrates that even though the plaintiff chose not to verbally state her name, name, date of birth, and address, etc. the defendants did have the information needed to issue the citation and release the plaintiff from custody. I’ve seen not evidence to justify keeping the plaintiff in jail since she was certainly citable.

80.1. Keep in mind, the defendants stated many time it was their objective to release the plaintiff on citation.

80.2. Because the plaintiff was not released on citation when she could have been, the stated objective of the defendants is inconsistent with their actions. Police and Jail Procedures, Inc. Richard Lichten, CLS MacDonald, et al, v. Dakota County, et all. Civil No. 0:15-cv-01590-JRT-JJK (Minnesota) Expert report by Richard Lichten, CLS, dated January 16, 2017. CASE 0:15-cv-01590-JRT-KMM Document 103-1 Filed 03/02/17 Page 24 of 30

More to come . . .


Related links:

Corrupt Lakeville Police Chief Jeff Long Forced To Admit Samantha & Gianna Rucki Denied An Attorney? Detective Dronen & Detective Coughlin Magically & Mysteriously Couldn't Fall Back Onto Their Training?

What Happened When Nemmers Requested The Transcript Of Tammy Love's April 19, 2013 911 Call For Missing Gianna & Samantha Rucki? Nemmers Found Out 911 Call Never Requested By Lakeville Police? FYI: Dede Evavold Didn't Get Tammy's Love's Formal Statement (Preliminary Audio Statement) Nor The Squad Audio/Video Either, Did She? She Didn't, Did She? Obstruction Of Justice By Lakeville To Cover Up A Farce Investigation?

Fort Lauderdale Florida Police Reports Filed By Celebrity Attorney Kim "The Perjurer" Picazio Make No Mention Of Death Threats By Conspiracy Theorist Timothy Charles Holmseth, Do They? Picazio Screwed Up By Giving Nemmers A Copy Of ICR: 11-064252-PR, Didn't She? Fort Lauderdale PD Forced To Cough Up 11-064252-PR, Right?

Context, okay:

INCIDENT Case Number: 18001128 Title: Disclose Electronic Communications Inver Grove Heights 8150 Barbara Ave Inver Grove Heights, MN 55077 Telephone: 651-450-2525 Case Disposition: Active/Pending

NARRATIVE I dispatched to call a female named Kim Picazio regarding a recording that was posted on a website. I called Kim and she began to tell me that a "conspiracy theorist" named Sarah Westall who lives at 9716 Benjamin Trail had posted a private conversation between her and a male named Jerimiah Regan. Kim stated that she is an attorney who worked on a high profile child abuse case in Florida and had received death threats from a male named Timothy Holmseth who live in East Grand Forks, ND. Kim had file an order for protection against Holmseth and he apparently had been arrested numerous times on violations of the order. Holmseth is apparently connected to Westall.

Inver Grove Heights (MN0190900) Page 1 of 4 Report Generated by: -() Creation: Patrick Sloan 2018-04-06 14:57:32 18001128 R1 Sloan 040618.pdf

Florida celebrity attorney Kim "The Perjurer" Picazio forced to change her official statement?

Terry Nemmers: Okay, Kim ...
Kim Picazio: (unintelligble)
Terry Nemmers: Okay, here, here it is ...
Kim Picazio: I mean I think you missed the mark there.
Terry Nemmers: Kim ...
Kim Picazio: You could say a lot of other things about me but don’t say that.
Terry Nemmers: Kim stated that she is an attorney who worked on a high profile child abuse case in Florida and had received death threats from a male named Timothy Holmseth who live in East Grand Forks, ND.
Kim Picazio: I never said that.
Terry Nemmers: Well, did you record the conversation?
Kim Picazio: Get a tape.
Audio recording of Kim Picazio on 04-05-19 at 8:28 PM.

from: Lion News lionnews00@gmail.com
to: rmaglione@fortlauderdale.gov
date: Apr 2, 2019, 7:33 PM
subject: Open Records Request For Picazio, Kim Lowry
mailed-by: gmail.com

Rick J. Maglione, Chief of Police (954) 828-5700:

Open Records Request For Picazio, Kim Lowry - Please email me any and all electronic computer police records/reports for a Picazio, Kim Lowry Gender: Female Race: White Height: 5'2" DOB: 01/08/1969. From 2009-2019.

Terry Dean, Nemmers (320) 283-5713

3. Electronic and computer records a. Electronic databases and files Information stored in a public agency’s computer “is as much a public record as a written page in a book or a tabulation in a file stored in a filing cabinet . . . .” 7 Thus, information such as electronic calendars, databases, and word processing files stored in agency computers, can all constitute public records because records made or received in the course of official business and intended to perpetuate, communicate or formalize knowledge of some type, fall within the scope of Ch. 119, F.S. 8 Accordingly, electronic public records are governed by the same rule as written documents and other public records—the records are subject to public inspection unless a statutory exemption exists which removes the records from disclosure. b. E-Mail E-mail messages made or received by agency officers and employees in connection with official business are public records and subject to disclosure in the absence of an exemption. 9 A Guide For Law Enforcement Agencies The Office of Attorney General Ashley Moody 2019 Edition http://myfloridalegal.com/webfiles.nsf/WF/MNOS-BAMQDX/$file/2019+Law+Enforcement+Guide+v6.pdf

Respondent continues to write manifestos and complaints to various authorities and individuals on a local, state, and federal level making outlandish and unfounded claims against me. No authorities have ever contacted me about the Respondent’s reports and complaints, as their content demonstrates his obvious paranoid delusions and obsession over me. … I have been in contact with Ms. Bondi’s office to inform them of Respondent’s history with me, his background and his clear instability. I have read every statement made in this affidavit and each statement is true and correct. I understand that the statements made in this affidavit are being made under penalty of perjury, punishable as provided in Section 837.02, Florida Statutes and that the punishment for knowingly making false statements includes fines and/or imprisonment. Petition by Affidavit for Order to Show Cause for a Violation of Final Judgment of Injunction for Protection Against ( ) Domestic Violence ( ) Repeat Violence ( ) Dating Violence ( ) Sexual Violence ( ) Stalking Kim Lowry Picazio Petitioner vs. Timothy Charles Holmseth Respondent. Broward County Case Number: DVCE11005919. Signed 3-21-18 by Kim. L. Picazio.

I have received numerous messages and calls from the respondent’s subscribers who threatened me, wish death upon me, tell me my “time is up”, encourage violence upon me, vow to have me imprisoned or hung, etc. One of his followers actually created a website and posted a cynical, malicious blog containing the details of what my son and his date wore to Prom, including the color of his cummerbund, and the type of flower he’s chosen for his date’s corsage. I have read every statement made in this affidavit and each statement is true and correct. I understand that the statements made in this affidavit are being made under penalty of perjury, punishable as provided in Section 837.02, Florida Statutes and that the punishment for knowingly making false statements includes fines and/or imprisonment. Petition by Affidavit for Order to Show Cause for a Violation of Final Judgment of Injunction for Protection Against ( ) Domestic Violence ( ) Repeat Violence ( ) Dating Violence ( ) Sexual Violence ( ) Stalking Kim Lowry Picazio Petitioner vs. Timothy Charles Holmseth Respondent. Broward County Case Number: DVCE11005919. Signed 3-21-18 by Kim. L. Picazio.

Fort Lauderdale Police Department Rick J. Maglione, Chief of Police 1300 W. Broward Boulevard Fort Lauderdale, Florida 33312-1699 Contact: (954) 828-5700 Fax: (954) 828-6001 Email Address: rmaglione@fortlauderdale.gov Region Number: 13

from: Public Records PublicRecords@fortlauderdale.gov
to: "lionnews00@gmail.com" lionnews00@gmail.com
cc: Rick Maglione RMaglione@fortlauderdale.gov,
Kim Rhodes KRhodes@fortlauderdale.gov
date: Apr 3, 2019, 7:52 AM
subject: RE: Open Records Request For Picazio, Kim Lowry
mailed-by: fortlauderdale.gov
signed-by: fortlauderdale.gov
security: fortlauderdale.gov did not encrypt this message Learn more
: Important according to Google magic. 

Please see attached FLPD background check (dating back to 2000) for Kim Lowry Picazio and attached recent reports.
SJ/8494/Public Records

From: Kim Rhodes
Sent: Wednesday, April 03, 2019 8:32 AM
To: Public Records
Subject: Fwd: Open Records Request For Picazio, Kim Lowry

Please handle
Sent from my iPhone
Begin forwarded message:
 From: Rick Maglione RMaglione@fortlauderdale.gov
 Date: April 2, 2019 at 9:07:06 PM EDT
 To: Kim Rhodes
 Subject: Fwd: Open Records Request For Picazio, Kim Lowry

 Sent from my iPad
 Begin forwarded message:

3 Attachments: picazio.PDF, 341607107324.pdf, 341503048288.pdf

from: Lion News lionnews00@gmail.com
to: Public Records PublicRecords@fortlauderdale.gov
cc: Rick Maglione RMaglione@fortlauderdale.gov,
Kim Rhodes KRhodes@fortlauderdale.gov
date: Apr 3, 2019, 9:24 AM
subject: Re: Open Records Request For Picazio, Kim Lowry
mailed-by: gmail.com

Rick J. Maglione, Chief of Police (954) 828-5700:

Thank you for the quick response. I am just wondering why the electronic data for 11-64252 Printed Name/CCN K. Hagerty #1519 Witness: Picazio, Kim Witness Staubs, William is missing.

Terry Dean, Nemmers (320) 283-5713

Attachment: FLL PD Offense Incident Report.pdf

from: Public Records PublicRecords@fortlauderdale.gov
to: Lion News lionnews00@gmail.com
date: Apr 3, 2019, 10:06 AM
subject: RE: Open Records Request For Picazio, Kim Lowry
mailed-by: fortlauderdale.gov
signed-by: fortlauderdale.gov
security: fortlauderdale.gov did not encrypt this message Learn more
: Important mainly because you often read messages with this label.

I do not understand your request.

from: Lion News lionnews00@gmail.com
to: Public Records PublicRecords@fortlauderdale.gov,
Rick Maglione RMaglione@fortlauderdale.gov,
Kim Rhodes KRhodes@fortlauderdale.gov
date: Apr 3, 2019, 11:33 AM
subject: Re: Open Records Request For Picazio, Kim Lowry
mailed-by: gmail.com

Rick J. Maglione, Chief of Police (954) 828-5700:

What part of my Open Records Request For Picazio, Kim Lowry - "Please email me any and all electronic computer police records/reports for a Picazio, Kim Lowry Gender: Female Race: White Height: 5'2" DOB: 01/08/1969. From 2009-2019" didn;t you understand? Apparently if I didn't have the public data "11-64252 Printed Name/CCN K. Hagerty #1519 Witness: Picazio, Kim Witness Staubs, William" then I would have never known that data ever existed. I expect to receive 11-64252 along with any other data that you might have magically and mysteriously "intentionally forgot" to give me.

Terry Dean, Nemmers (320) 283-5713

I do not understand your request. from: Public Records PublicRecords@fortlauderdale.gov to: Lion News lionnews00@gmail.com date: Apr 3, 2019, 10:06 AM subject: RE: Open Records Request For Picazio, Kim Lowry mailed-by: fortlauderdale.gov signed-by: fortlauderdale.gov

https://www.merriam-webster.com/dictionary/any any adjective \ ˈe-nē \ Definition of any (Entry 1 of 3) 1 : one or some indiscriminately of whatever kind: a : one or another taken at random Ask any man you meet. b : every —used to indicate one selected without restriction Any child would know that.

https://www.merriam-webster.com/dictionary/all all adjective \ ˈȯl \ Definition of all (Entry 1 of 5) 1a : the whole amount, quantity, or extent of needed all the courage they had sat up all night b : as much as possible spoke in all seriousness

from: Public Records PublicRecords@fortlauderdale.gov
to: Lion News lionnews00@gmail.com,
Public Records PublicRecords@fortlauderdale.gov,
Rick Maglione RMaglione@fortlauderdale.gov,
Kim Rhodes KRhodes@fortlauderdale.gov
date: Apr 3, 2019, 12:48 PM
subject: RE: Open Records Request For Picazio, Kim Lowry
mailed-by: fortlauderdale.gov
signed-by: fortlauderdale.gov
security: fortlauderdale.gov did not encrypt this message Learn more
: Important mainly because you often read messages with this label.

The 2011 report was an off-site report that wasn’t in our scan folder. It is attached with this response, along with the original FLPD background check on Picazio and the 2015 and 2016 FLPD reports, which were attached in an earlier email this morning. Sorry for any inconvenience.

SJ/8494/Public Records

4 Attachments: picazio-pr.PDF, 341607107324-pr.pdf, 341503048288-pr.pdf, 11-064252-pr.PDF

Lion News: Celebrity Attorney Kim Picazio’s Affair With Regan Exposed By Investigation Into Westall?

Lion News: Celebrity Attorney Kim Picazio Falsely Reporting Death Threats By Timothy Holmseth? 

Lion New: Inver Grove Heights PD Withholds Recorded Line Data For Celebrity Attorney Kim Picazio? 

On the listed date and time, I made contact with Kim Picazio at her residence. Mrs. Picazio requested that her address be kept confidential. Mrs. Picazio advised that a You Tube video was posted online today and in that video a private phone conversation that she had was posted.

Mrs. Picazio advised that she is an attorney and was hired to represent the biological mother, Crystal Sheffield, of a missing Florida child, Haleigh Cummings. Mrs. Picazio took in the case pro bono and traveled to Putnam County in  2009 to assist with the investigation into the where-abouts of the missing child. As part of her services, Mrs. Picazio hired a private investigator to assist her, William Staubs.

Mrs. Picazio advised that during the course of the investigation, she witnessed several unprofessional acts committed by Staubs and subsequently fired him from her team. Mrs. Picazio detailed an incident in Putnam County where Staubs battered a suspect and illegally revoked his bond, According to Mrs. Picazio the entire incident was caught on film by CNN reporter Art Harris. When Mr. Harris refused to give the tapes to Staubs, Staubs began to threaten Mrs. Picazio. Due to the personal relationship that Mrs. Picazio had with Mr. Harris, Staubs believed that she could get the tapes from him. Staubs threatened to release inflammatory statements to media blogger, Timothy Holmseth, if Mrs. Picazio did not get the tapes for him. Mrs. Picazio showed me numerous emails documenting this. Due to this incident, Staubs lost his bail bonds license and Mrs Picazio advised her is currently under review for revocation of his private investigator’s license.

Picazio advised that Staubs was very upset with her and has been retaliating against her ever since. Mrs. Picazio even had a phone conversation with Staub’s girlfriend, Paula Andrews, to try to explain matters. It is this conversation between Mrs. Picazio and Ms. Andrews that was posted on You Tube today. Mrs. Picazio advised that she was taped against her will and without her knowledge. Mrs. Picazio played the You Tube clip for me and identified the voices on the recordings as those of William Staubs and Paula Andrews. Mrs. Picazio provided me with a printout (9 pages) of the You Tube website with today’s video. I have placed a copy of this print out into evidence.

The You Tube video was posted by a blogger named Timothy Holmseth. Mrs. Picazio advised that she has been harassed by Holmseth numerous times in the past 2 years since her involvement with the Haleigh Cummings case. Holmseth has posted 113 videos about the Haliegh Cummings case, approzimately 50 of which contain tape recorded conversations of Mrs. Picazio. Holmseth lives in Minnesota and due to wire tapping laws in that state, he has been able to continue taping various workers involved with the case without consequence.

Sgt. Herbert was notified of this incident as well as Det. C. Stone. Capt. Labandera was also notified of this incident and responded to the scene to assist. This case has been forwarded to the Criminal Investigations Division for follow-up. Page 5 of 5. OR#: 11-64252, Fort Lauderdale Police Department Offense Supplemental Report. Officer(s) Reporting K. Hagerty, I.D. Number(s) 1519, Unk: 3C103, Date of Incident: 6/5/11, Date of Report: 6/5/11. 11-064252-pr.pdf

More to come . . .

Related Links:

Celebrity Attorney Kim Picazio Huffs & Puffs But Fails To Blow Conspiracy Theorist Sarah Westall's Audio Recordings Of Kim Picazio's & Jeremiah Regan's Affair Off Of Westall's Social Media Accounts? Picazio Magically & Mysteriously Intentionally Forgets To Provide East Grand Forks Detective Lieutenant Rod Hajicek Evidence That Conspiracy Theorist Timothy Charles Holmseth Was Prosecuted & Convicted Of Making Death Threats To Celebrity Attorney Kim Picazio?

UPDATE: AFTER A WEEK A VERY ANGRY LPPD BEGRUDGINGLY TOOK A FORMAL STATEMENT FROM NEMMERS, RIGHT? Celebrity Attorney And False Accuser Kim Picazio Turns On Her Buddies At Inver Grove Height Police Department (IGHPD)? Picazio Magically & Mysteriously Changes Story And Now Says That Conspiracy Theorist Timothy Charles Holmseth Never Made Death Threats To Her? Picazio Accuses Her Cop Buddies At IGHPD Of Falsifying Report? Is That Because Celebrity Attorney And False Accuser Kim Picazio Can't Produce Any Proof That Conspiracy Theorist Holmseth Was Ever Prosecuted Or Convicted Of Making Death Threats? IGHPD Is Still Illegally Withholding Preliminary Audio Statements Of Picazio And Conspiracy Theorist Sarah Westall From Nemmers, Aren't They?

Update: Did You Hear That I Was Forced To Report Celebrity Florida Attorney Kim Picazio To Law Enforcement On 04-11-19? Celebrity Florida Attorney Kim Picazio Reported To Florida Bar Association? Celebrity Florida Attorney Kim Picazio Reported For SLAPP Suit Against Conspiracy Theorist Timothy Charles Holmseth?

Why Is Celebrity Florida Attorney Kim Picazio Filing False Police Reports With The Inver Grove Heights Police Department Against Conspiracy Theorist Sarah Westall? It's To Cover Up Picazio's Affair With Jeremiah Regan, Isn't It? It Is, Isn't It? Picazio Has Been Conspiring With The Corrupt East Grand Forks Police To Harass & Maliciously Prosecute Westall's Conspiracy Theorist Buddy Timothy Charles Holmseth For Years, Hasn't She? Picazio Maliciously SLAPPed Holmseth, Didn't She? (Note: Dede Evavold Is A Consumer Of Holmseth's Conspiracy Theories, Isn't She?)

Corrupt Lakeville Police Chief Jeff Long Forced To Admit Samantha & Gianna Rucki Denied An Attorney? Detective Dronen & Detective Coughlin Magically & Mysteriously Couldn't Fall Back Onto Their Training?

What was the name of the attorney that was provided to Samantha & Gianna Rucki on November 18, 2015?

Attorney information is not obtained or documented. from: Tangen, Michelle mtangen@lakevillemn.gov to: Lion News lionnews00@gmail.com date: Apr 29, 2019, 4:35 PM subject: LPD Data Request mailed-by: lakevillemn.gov signed-by: lakevilleminnesota.onmicrosoft.com security: Standard encryption (TLS) Learn more

NARRATIVE/ELEMENTS: On 11/18/15, I went to the Grant County Sheriff’s Office in Elbow Lake, MN, and met with Sheriff Dwight Walvatne and Sgt. John Cooks... We arrived at 20916 140 th St and were met by Doug Dahlen just outside the residence. Sheriff Walvatne and Sgt. Cooks advised him of who we were and that we wanted to ask him some questions. I advised Doug that Inspector Moran and I were investigating a case involving two missing girls that we believed may have been brought to the ranch a few years earlier due to a contentious divorce process. At that time Doug advised us that the girls were in the house. I asked Doug how they got here, and he stated that their mother had brought them there a few years earlier. I asked him when he had last heard from their mother, and he had told me that it was over a year ago. He invited us inside and called Samantha and Gianna down from the upstairs bedroom. Samantha and Gianna came down, and immediately told us that they would not go back to their father. We told them that our first concern was their safety. I did ask them about the last time that they had heard from their mother, and they told me that they would not say anything without a lawyer. I asked Inspector Moran to stay with them, and I stepped outside to contact Lt. Polinski. I advised him that we had Samantha and Gianna, and asked him to start making calls to determine where they should be brought. I also contacted Detective Helmueller and advised them that we had the girls and asked them to respond to the scene as well. Upon their arrival, I asked Detective Coughlin to stay with the girls, as Doug had advised me that Samantha had issues with males. LAKEVILLE POLICE DEPARTMENT CASE/INCIDENT NUMBER 13001278 SUPPLEMENT REPORT OFFICER CURRENT DATE J. Dronen 4816 FORWARD TO NCIC PC DETAIN INV ASSIGNED SENT TO FORFEITURE APP SPVR DISPOSITION 713B 4806 CURRENT TIME 112115 CSU: ON SCENE DCSS CROSS REPORT JUV REF RECORD STATUS Pending County Attorney DATE PROCESSED 11/23/15 1020 EVID SUBMITTED MED REL ENTERED BY ST

NARRATIVE/ELEMENTS: On 11-18-15 I assisted Detective Dronen in executing a search warrant at the White Horse Ranch in Herman, MN. Detective Dronen first made contact at the White Horse Ranch with the US Marshall and once the girls were found, he notified us immediately. I had been waiting in the area and then responded to the White Horse Ranch. I sat with Samantha and Gianna Rucki while plans were being made to bring them back to Dakota County. Samantha and Gianna were very quiet however talked about the White Horse Ranch and their responsibilities there. While I sat at the kitchen counter with them Doug Dahlen made a comment to the girls that they knew they were going to have to face this sooner or later. The girls told me that they have been keeping up on their studies with home school materials. I asked them how the annual picnic was for the White Horse Ranch held back in September and they said they were in the house the entire time. The girls told me that they went to church a couple times when they first got to the White Horse Ranch but then Gina and Doug began having church at home. Both girls made it very clear to me that if they were forced to go with their dad, they would run again. The girls told me they had bad experiences with the therapist they were mandated to see before they ran. They also told me the guardian ad litem was never concerned about their thoughts or feelings. They said the guardian ad litem asked them questions about where their mom was hiding her money and wanted to know if she was putting the money overseas. The girls stated no one ever listened to them. Once plans were made for Samantha and Gianna’s return, Detective Dronen and I drove them to the Lakeville Police Department. Then with the help of the Jacob Wetterling Foundation, arrangements were made for Samantha and Gianna to be medically examined at Fairview Riverside Children’s Hospital. I then transported them to the hospital and stayed with them until rooms were made available for them. Samantha and Gianna were found to be in good health. On 11-20-15 at approximately 1130 hours I responded to Fairview Riverside Children’s Hospital to bring Samantha and Gianna to a foster home. After speaking with Social Services, it was determined that a foster care home would be best for their placement at this time. A foster home was found that had horses and other animals to help make the transition easier. I placed the girls on a 72 hour police and health welfare hold. We met Social Worker Paula Pletsch at the foster home. Paula spoke with the girls for a bit and their main concern was they did not want to be with their dad. Status: Arrest.LAKEVILLE POLICE DEPARTMENT CASE/INCIDENT NUMBER 13001278 SUPPLEMENT REPORT OFFICER CURRENT DATE K. Coughlin #4812 FORWARD TO NCIC PC DETAIN INV ASSIGNED SENT TO County Attorney FORFEITURE APP SPVR DISPOSITION 713B 112315 CURRENT TIME CSU: ON SCENE DCSS CROSS REPORT JUV REF RECORD STATUS Pending DATE PROCESSED 11/23/15 0930 EVID SUBMITTED MED REL ENTERED BY ST

Lakeville Police Department Training Log:
ID Number 4816; Name of Law Enforcement Officer: Dronen, James; Agency: Lakeville Police Department; Rank: Detective, Date Hired: 8/23/2004; Class Dates: 10/22/2008 10/23/2008; Date Attended: 10/22/2008; Course Or Subject Title: Reid Interview/Interrogation; Training Number Category: 164 Police; Location: Minnetonka; Instructor: Reid; Training Hours: 16.00. L.E.A. Data Technologies Training Database 3/11/2019 10:46:36AM.

Lakeville Police Department Training Log:
ID Number 4812; Name of Law Enforcement Officer: Coughlin, Kelli; Agency: Lakeville Police Department; Rank: Officer, Date Hired: 9/14/1998; Class Dates: 4/16/2009; Date Attended: 4/16/2009; Course Or Subject Title: Statements and Confessions; Training Number Category: 206 Police; Location: Northern Service Center (Dakota County); Instructor: Dakota County Attorney’s Office; Training Hours: 3.00. L.E.A. Data Technologies Training Database 3/11/2019 10:47:32AM.

When corrupt cops intentionally forget to fall back onto their training, right?

ICR: 17003195 – MN0610000, Supplemental Report, Title: DLS statement, Date: 08-11-2017, Q: Deputy Bryan Klassen, A: Dean Lee Swerman.
Q: Okay. All right, so Dean, like I told you since we’re sitting a, sitting in here, you’re in handcuff, um, you’re not free to leave, a this is being recorded. You have the right to talk to an attorney and have him present with you while you’re being questioned. If you cannot afford to hire an attorney, one will be appointed to represent you without cost before any questioning if you wish. You can decide at any time to exercise these rights and not answer any statements. You can decided at any time to exercise these rights and not answer any questions or make any statement. Do you understand that?
A: Mhh
Q: Is that a yes?
A: Yes. ...
Q: So this is the only phone that you would communicate with? Okay. Is there a password on the phone?
A: Yes.
Q: Okay. Can I have that?
A: No.
Q: No?
A: Not till I talk to my attorney.
Q: Okay.
A: A attorney.
Q: Okay. So here’s what I would like to do. Um. I need to, oh there it is. Okay. I’m going to place it in airport mode is what I did, just so you’re aware of that. Um, and then I’m going to turn it off so it doesn’t ring. So this is gonna end up staying with me. Okay? Just so you’re aware of that. Um, we’ll be drafting a search warrant for it so the I asked you for the password is then we don’t have to destroy the cell phone to get the data off of it. Otherwise we gotta, in no less terms, or no better terms, break it in order to get the card out of there to need to do that. A: Well can I have an attorney in here right now?
Q: I, it’s Friday night so more than likely not. Um, so that’s where that’s at. Um, ...
Q: Do you want to give me the password?
A; Yea, just open it up.
Q: You understand you have the right to refuse that, right?
A: Well, I’m not getting an attorney anyways so.

Recross-Examination by Bruce Rivers – The Witness (Deputy Bryan Klassen):
Q: What is your training and experience when somebody asks for a lawyer? What are you supposed to do as an officer?
A: Stop questioning.
Q: And did you do that in this case?
A: No.
Mr. Rivers: Nothing further.
Omnibus Hearing, May 22, 2018, Case No. 61-CR-17-301 State of Minnesota
vs Dean Lee Swerman

Sometimes police ignore the Miranda requirements altogether. They may simply tell the suspect to sign the waiver form as if he had no choice, perhaps without even reading the rights. Or if a suspect asks for an attorney, they may try to talk him out of one. One suspect recalled, “When he told me I could have a lawyer present, he advised me against it because all a lawyer would do is drag things out and tell me not to do or say things that would prove my innocence” (Statement of Kevin Mohr, 1999: 2). Other suspects who requested an attorney have reported being told that they could not have an attorney during questioning but would be provided one at trial. In some instances, detectives have flippantly handed the suspect a phone or phone book when requested, implying that he could only get one only if he already knew one to call. Richard A. Leo, Police Interrogation and American Justice, (Cambridge: 2008), Page 132.

https://co.stearns.mn.us/LawPublicSafety/JuvenileDelinquencyandChildProtection/Truancy
Truancy (Children age 12 and over) Stearns County Attorney Janelle P. Kendall
INFORMATION AND FORMS FOR SCHOOLS A Message from Stearns County Attorney Janelle Kendall

School attendance is mandatory in the State of Minnesota for good reason -- children cannot achieve success without the benefits of education.

School Attendance Is The Law
A student between the ages of 12 and 16 is considered truant if he or she is absent without legal excuse for three or more full or partial school days. Children ages 16 and 17 cannot independently “drop out” of school but can lawfully withdraw from school with their parents’ permission. The law mandates that parents compel their children to attend school. There are potential criminal penalties if a parent fails to do so.
If a student misses school for a full or partial day for legitimate reasons, a parent or guardian must notify the school.

Examples of unexcused absences include:
 Missing the bus
 Oversleeping
 Cold weather
 Babysitting
 Need to sleep for work

Consequences to Parents for Educational Neglect:
 A child in Need of Protection or Services (CHIPS) petition may be filed in Juvenile Court. The parents will be named on the petition; proceedings will be open to the public.
A child can be placed on house arrest and subject to Electronic Home Monitoring EHM) which means the child cannot leave the residence unless at school or with a parent.
 A child can be assigned community work service hours.
 A child may be removed from home and placed in a shelter care, foster care, or shot term residential facility. Parents/guardians can be required to pay a fee for placement.
 A child may be ordered to attend family or individual counseling and may be required to participate in a chemical use assessment and to follow recommendations. The Court can also order random drug or alcohol testing.
 Child can be fined up to $100.00.
 Parents/guardians can be required to compel the child's attendance and deliver the child to school at the beginning of each school day for a period of time specified by the Court.
 The Court may revoke or delay all driving privileges up until a student's 18th birthday.
 Both a child and a parent/guardian can be found in civil contempt of court for knowingly violating a juvenile court order. The purpose of civil contempt is to coerce compliance and can result in a fine and/or incarceration.

Will my child have a police record if I file a runaway report?
Most police departments keep juvenile records listing all contacts with a particular child, including reports that a child has run away. Under most circumstances, runaway reports are confidential and cannot be shared with the public. Therefore, reporting your child as a runaway will not affect your child’s future employment, college, or military plans. Runaway records may be released to other police agencies, the courts, or county social service agencies. Under most circumstances, a police department’s records of runaway reports will be destroyed when the child turns 19 years. ...

Can police take my child into custody for being on the street and not in school?
Police officers are responsible to enforce the truancy laws when school is in session. If police pick up your child, they will issue a truancy citation and then return them to their school. Each individual school monitors their students’ truancy data.

Answers to Questions Frequently Asked by Adults Concerned About Adolescents Behavior Answers to Questions Frequently Asked by Adults Concerned About Adolescents Behavior Revised May 2012 Materials developed by:Saint Paul Police Department, Juvenile Division—Missing Persons Unit (651-266-5612)University of Minnesota Medical Center—Fairview Adolescent Chemical Dependency Comprehensive Assessment Program (612-672-6600)
https://cityofroseville.com/DocumentCenter/View/5026/Teen-Behavior--Answers-for-Concerned-Parents?bidId=

Remember:

"So if you were lying to me about that, what else might you be lying to me about?" Elizabeth Vargas' ABC “20/20” interview with Sandra Grazzini-Rucki

Don't forget, okay?

7:45pm Lori Muslof: Your lies will never work! You can’t create evidence that doesn’t exist! Sam once told me that you were just a drunk. I happen to believe that now!
8:00pm Dede Evavold: Well, I take credit where credit’s due! I happen to be an excellent drinker!
8:00pm Lori Muslof: Remember the night you called Sam when she was here??? Totally drunk and freaking out???? That’s the night she told me you had a bad issue with alcohol! You’re a drunk Dede! We’re you drunk when you recorded the girls? Maybe that’s why it’s fuzzy to you! Ha. Were* Sent from Messenger 10-23-15. 13001278 Dede's Emails Nov 2015 Emails.pdf

More to come . . .

Related Links:

What Happened When Nemmers Requested The Transcript Of Tammy Love's April 19, 2013 911 Call For Missing Gianna & Samantha Rucki? Nemmers Found Out 911 Call Never Requested By Lakeville Police? FYI: Dede Evavold Didn't Get Tammy's Love's Formal Statement (Preliminary Audio Statement) Nor The Squad Audio/Video Either, Did She? She Didn't, Did She? Obstruction Of Justice By Lakeville To Cover Up A Farce Investigation?

Perjurer Charlie Waters ... AKA Constitutional Crank ... AKA Conservative Copwatch Loses Loony Appeal No. 17-3827? You Can't Fix Stupid, Can You? Waters Still Too Busy Waving Constitutional Handbook To Bother To Get Missing Evidence, Right? Waters Not Smart Enough To Know How Stupid He Is, Right?

On March 27, 2016, Appellants visited a Menards store in Coon Rapids, Minnesota, to exchange a saw Mr. Waters had previously purchased for a new saw he had purchased online. Mr. Waters video-recorded their visit through a sunglass camera clipped to his shirt. 2 (He later posted excerpts of this video on his YouTube channel. See Dist. Ct. Dkt. 16-1.) An employee inside the store directed Appellants to the online pickup location inside the Menards lumberyard. Mr. Waters drove into the lumberyard with Mrs. Waters in the passenger seat. While it is undisputed that Menards had posted signs at the yard’s entrance and exit stating that vehicles leaving the lumberyard were subject to inspection, Appellants claim they did not see any such signs upon entry.

2 Appellants attached a highly-edited version of Mr. Waters’s sunglass camera recording and the officers’ squad car recordings to their Amended Complaint. Appellees produced the dashboard camera video from Officer Smith’s squad car in support of their motion to dismiss. The district court determined that the videos were “necessarily embraced by the pleadings” and considered them, together with the pleadings, when ruling on Appellees’ motion to dismiss. See Ashanti v. City of Golden Valley, 666 F.3d 1148, 1151 (8th Cir. 2012). Neither party objected to the district court’s use of the videos in its determination.

___________

The district court found that, with the exception of their Fourth Amendment claim for unlawful search, Appellants failed to plausibly allege any violation of their clearly-established constitutional rights, and that the officers were therefore entitled o qualified immunity on all but one of Appellants’ constitutional claims. While the district court determined that Appellants plausibly alleged a violation of their clearly- established constitutional right to be free from unlawful searches, it also determined that they failed to allege, as required for a damages claim under 42 U.S.C. § 1983, that the violation caused any compensable injury. The district court further found that Appellants failed to identify a City policy or custom that caused the alleged constitutional violations, that Appellants failed to plausibly allege their state law claims, and that Menards was not a state actor subject to § 1983 claims. The district court therefore granted the defendants’ motions and dismissed all of Appellants’ claims with prejudice. Appellants subsequently settled their claims against Menard, Inc.

__________

With respect to this claim, we need not discuss arguable reasonable suspicion because, in fact, the officers acted pursuant to reasonable suspicion in detaining Mr. Waters. The videos attached to the pleadings show that Mr. Waters refused to open his vehicle’s trunk at the lumberyard exit, despite signs at the entrance and exit informing visitors that vehicles would be inspected as they left the lumberyard. The requirement was clearly part of Menards’s customary protocol as customers exited the lumberyard after picking up merchandise in their vehicles. Officers Smith and Kirchner arrived at Menards in response to Mr. Waters’s 911 call and Mr. Waters refused to identify himself to the officers or to allow anyone to verify his purchase. At that point, Officer Smith and Officer Kirchner had “a particularized and objective basis” to detain Mr. Waters. Thomas v. Dickel, 213 F.3d 1023, 1025 (8th Cir. 2000) (quoting Ornelas v. United States, 517 U.S. 690, 696 (1996)).

___________

Here, the officers contend that Mrs. Waters voluntarily consented to the search of Appellants’ vehicle, while Appellants argue that Mrs. Waters was coerced into consenting. The district court concluded that Appellants alleged sufficient facts to preclude dismissal of this claim on voluntary consent grounds. However, the district court also found that Appellants failed to allege any actual, compensable injury stemming from the officers’ search of their vehicle’s trunk and, thus, failed to state a claim for damages under § 1983. A plaintiff seeking damages under § 1983 for an unreasonable search must allege (1) an unlawful search and (2) an “actual, compensable injury[,]” Heck v. Humphrey, 512 U.S. 477, 487 n.7 (1994), because “the abstract value of a constitutional right may not form the basis for § 1983 damages.” Memphis Cmty. Sch. Dist. v. Stachura, 477 U.S. 299, 308 (1986). 8

The judgment of the district court is affirmed in full. -24- Appellate Case: 17-3827 Page: 24 Date Filed: 04/11/2019 Entry ID: 4776594

United States Court of Appeals For the Eighth Circuit No. 17-3827
Charles Waters; Anita Waters Plaintiffs - Appellants v. B. Madson; Alyssa Newbury; City of Coon Rapids Defendants - Appellees Menard, Inc. Defendant Tom Hawley; Emily Kirchner Defendants - Appellees
Appeal from United States District Court for the District of Minnesota - Minneapolis Submitted: November 15, 2018 Filed: April 11, 2019
Before COLLOTON, SHEPHERD, and STRAS, Circuit Judges.

More to come . . .

Related Links:

Perjurer Charlie Waters ... AKA Constitutional Crank ... AKA Converavtive Copwatch Gets Waters Et Al V. Kirchner Et Al Case #: 0:17-CV-00935 Dismissed? Too Stupid To Get Evidence That Proves ICOP Model 20/20-W Coon Rapids Squad Microphones Auto-Sync? KA16007391 Shows Evidence Destroyed, Right? Did Attorney Peter J Nickitas Stab Less-Than-Intelligent Waters In Back?

Charlie Waters AKA "Consitutional Crank" AKA "Conservative Copwatch" Of Waters Et Al V. Kirchner Et Al Case #: 0:17-CV-00935 Is A Perjurer, Isn't He? Waters Still Too Busy Waiving His Stupid Constitutional Handbook To Get His Missing Coon Rapids PD Dash Camera Video? Hey Coon Rapids Where Is My MDT Data, Huh? Mobile Data Terminal Data Proves Kirchner Switching Squads With Newbury A Lie, Doesn't It? Special Tx For Menards?

Round Two On Illegally Withheld City Of Fridley Off-Duty Mn State Patrol Sgt. Christopher Alan Daas Data? (Case No. 02-CR-16-3662 - Third Degree Refuse To Submit To Chemical Test Charge Magically & Mysteriously Dismissed, Right?) Where Oh Where Is Related Data For Recently Filed Lawsuit Waters Et Al VS Kirchner Et Al Case Number: 0:2017cv00935? FYI: @CoonRapidsPD Destroying Electronic Evidence To Cover Up Illegal @Menards Trunk Search, Right? Double FYI: Charlie Waters AKA "Constitutional Crank" Is A CopFlop (CopBlock) Dumbass, Isn't He?

City Of Fridley Harassing Nemmers Over Off-Duty Mn State Patrol Sgt. Christopher Alan Daas Data? City Of Fridley IP Address 75.146.166.13 Suddenly & Mysteriously Appears After Wally Wysopal, City Manager & Roberta Collins, Assistant To City Manager Hang Up Phone On Nemmers? Harassing Phone Call From Brian Weierke, Director of Public Safety? Deb Dahl, Human Resources Director Hangs Up On Nemmers After She Harasses Nemmers & Finds Out That Every Single Call Recorded?

Corrupt City Of Fridley Continues To Harass Nemmers Over Readily Availalbe, Free, Electronic Public Data For Off-Duty Mn State Patrol Sgt. Christopher Alan Daas? Fellow Anoka Co LEO - City Of Coon Rapids PD Emails LOGIS File Management System File Share Link To Nemmers? More Proof That Nemmers Is Being Discriminated Against & Harassed, Right? That's Right, Isn't It? Don't The Corrupt City Of Lakeville & Corrupt Dakota Co. Have Memberships With LOGIS? Fridley's Corrupt Director Of Public Safety Brian Weierke Makes Another Harassing Phone Call To Nemmers On 06-015-16? He Did, Didn't He?

Celebrity Attorney Kim Picazio Huffs & Puffs But Fails To Blow Conspiracy Theorist Sarah Westall's Audio Recordings Of Kim Picazio's & Jeremiah Regan's Affair Off Of Westall's Social Media Accounts? Picazio Magically & Mysteriously Intentionally Forgets To Provide East Grand Forks Detective Lieutenant Rod Hajicek Evidence That Conspiracy Theorist Timothy Charles Holmseth Was Prosecuted & Convicted Of Making Death Threats To Celebrity Attorney Kim Picazio?

Lion News: Celebrity Attorney Kim Picazio’s Affair With Regan Exposed By Investigation Into Westall?

Lion News: Celebrity Attorney Kim Picazio Falsely Reporting Death Threats By Timothy Holmseth?

Lion New: Inver Grove Heights PD Withholds Recorded Line Data For Celebrity Attorney Kim Picazio?

Celebrity Attorney Kim Picazio huffs and puffs . . .

---------- Original Message ----------
From: Kim Picazio kim@picaziolaw.com
To: sarahw@galexconsulting.com
Date: April 6, 2018 at 11:18 AM
Subject: Website Posting of Illegal Audios

Ms. Westall:

On February 25, 2018, you posted content on your website entitled, Timothy Holmseth Update – Serious Findings Disclosed, at the following URL: http://sarahwestall.com/timothy-holmseth-update-serious-findings-disclosed/.

The blog posting contains two (2) audios of illegally recorded, private telephone calls wherein I am a participant to the conversation. I had no knowledge the posted telephone calls were being recorded, and no one obtained my authority and/or consent. One of the audios clearly reveals the parties’ intent to secretly record me without my knowledge, and therefore, you have know that I did not consent to the recording of that telephone call.

Florida is a two (2) party state, meaning it is a crime to record a telephone call without both parties’ consent. All parties to those calls were in Florida at the time of the illegal recordings. The act of using or disclosing an illegally recorded telephone conversation in Florida is a felony in the third degree, an extraditable offense. Please refer to Florida Statute 934.03 Interception and disclosure of wire, oral, or electronic communications prohibited, which states in relevant part:

(1) Except as otherwise specifically provided in this chapter, any person who:
(a) Intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire, oral, or electronic communication;
(b) Intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when:

1. Such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communication; or

2. Such device transmits communications by radio or interferes with the transmission of such communication;
(c) Intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection;
(d) Intentionally uses, or endeavors to use, the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection; or
(e) Intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication intercepted by means authorized by subparagraph (2)(a)2., paragraph (2)(b), paragraph

Further, pursuant to Minnesota law, your act of posting these audios online also constitutes a felony. Minnesota Statute 626A.02, INTERCEPTION AND DISCLOSURE OF WIRE, ELECTRONIC, OR ORAL COMMUNICATIONS PROHIBITED, clearly states that you, as a third party, may not use or disclose recordings you know, or should know, were illegally obtained. Even under Minnesota’s “one party consent” laws, which are nearly identical to Federal Wiretapping laws, a person who is not a party to a recorded conversation must have the consent of at least one party to the recorded call, prior to disclosure of the same. The “one party consent” aspect of Minnesota law, as well as federal law, only comes into play when you are one of the participants to the conversation, and you have consented to the recording. You were not a party to any of the recorded telephone conversations posted on your website, and therefore, you need to demonstrate that you have the consent by at least one participant to the call to post the audio online. I have not consented to your posting of these illegally obtained audios, nor has any of the other participants of these call(s). Consequently, posting of audio recordings of me on a private telephone call constitutes criminal violations of Florida, Minnesota, and Federal laws.

By the very content of the audio(s) themselves, you know, or have reason to know, that the recordings were obtained without my consent and/or knowledge, in Florida. In fact one of the recordings actually contains audio of those recording the call, speaking to each other as they attempt to call me back for illegal recording purposes. It is clear on the audio itself, that the recording is being made without my knowledge, and for tortious and/or illegal purposes. Your posting of these audios, especially for commercial gain, constitutes very serious crimes for which I intend to prosecute. I demand that you remove this illegal and intrusive content from your website immediately. If you fail to do so, I intend to use every avenue available under the law to have the content removed, and to seek law enforcement intervention in Florida, Minnesota, and with the Federal Bureau of Investigation to have you prosecuted for this criminal conduct. Civil remedies will also be sought against you.

I must say, for an individual who promotes themselves as giving guidance on businesses and ethics, I would think that the online publishing of a person’s most personal, intimate, and private telephone conversations, which were clearly serendipitously recorded without their consent, for the purpose of humiliating or disgracing them, is something you’d be morally and professionally averse to. Society as a whole is averse to the online publication of a person’s private life and facts, Ms. Westall. There are other ways to make a point, or to inform the world of whatever point you are trying to make, rather than to post illegal recordings of them while they thought they were having a private call about very personal, intimate and familial subjects. This posting of illegally recorded audios of someone’s most intimate moments, their lives, their family, their finances, their traumas, is far beyond every single journalistic or professional boundary that exists. It is unethical, it is immoral, it is tortious, and it happens to be a felony. The First Amendment has its limitations, and illegal wiretapping and the publication of private facts online to humiliate or disgrace an individual, is one of them.

You do not have my consent to post these audios of my private calls, nor can you demonstrate that you have the consent of any participant heard speaking in these call. Please remove the recordings of my private telephone calls from your website immediately or I file criminal complaints against you with law enforcement in all relevant jurisdictions.

KIM L. PICAZIO
Attorney at Law Law Office of Kim L. Picazio, P.A. One Financial Plaza, Suite 2024 100 S.E. Third Avenue Fort Lauderdale, FL 33394 Telephone: (954) 467-5558 Fax: (954) 467-0477 Email: kim@picaziolaw.com Email for Service of court documents: Lawoffice@picaziolaw.com

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Celebrity Attorney Kim Picazio fails to blow the damning affair audios off of the Internet, doesn't she?

SUPPLEMENT Case Number: 18001128 Title: Disclose Electronic Communications Inver Grove Heights 8150 Barbara Ave Inver Grove Heights, MN 55077 Telephone: 651-450-2525 Case Disposition: Exception Cleared

INCIDENT INFORMATION Charges/Citation: Address: 9716 Benjamin Trail Inver Grove Hts, MN 55077; US Location Description: Incident Type: Other Start Date: 2018-02-25 00:00 End Date: 2018-02-25 00:00 Reported Date: 2018-10-16 13:37 Parties Involved:

OFFICER INFORMATION Name Patrick Sloan Agency Inver Grove Heights Badge 3622 Role Primary

NARRATIVE This case was submitted to Dougherty and Molenda law firm for charging. Criminal charges were declined.

Inver Grove Heights (MN0190900) Page 1 of 1 Report Generated by: -() Creation: Patrick Sloan 2018-10-16 13:39:07 18001128 R4 Sloan 101618.pdf

http://www.egf.mn/Directory.aspx?did=6
Physical Address: 520 Demers Ave. East Grand Forks, MN 56721 Phone: (218) 773-1104 Fax: (218) 773-1108
Staff Name Title Email Phone
Hedlund, Michael Chief of Police Email mhedlund@eastgrandforks.net (218) 773-2283
Hajicek, Rod Detective Lieutenant Email rhajicek@eastgrandforks.net (218) 773-2294
Hart, Tony Detective Email thart@egf.mn (218) 773-2285

More to come . . .

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UPDATE: AFTER A WEEK A VERY ANGRY LPPD BEGRUDGINGLY TOOK A FORMAL STATEMENT FROM NEMMERS, RIGHT? Celebrity Attorney And False Accuser Kim Picazio Turns On Her Buddies At Inver Grove Height Police Department (IGHPD)? Picazio Magically & Mysteriously Changes Story And Now Says That Conspiracy Theorist Timothy Charles Holmseth Never Made Death Threats To Her? Picazio Accuses Her Cop Buddies At IGHPD Of Falsifying Report? Is That Because Celebrity Attorney And False Accuser Kim Picazio Can't Produce Any Proof That Conspiracy Theorist Holmseth Was Ever Prosecuted Or Convicted Of Making Death Threats? IGHPD Is Still Illegally Withholding Preliminary Audio Statements Of Picazio And Conspiracy Theorist Sarah Westall From Nemmers, Aren't They?

Update: Did You Hear That I Was Forced To Report Celebrity Florida Attorney Kim Picazio To Law Enforcement On 04-11-19? Celebrity Florida Attorney Kim Picazio Reported To Florida Bar Association? Celebrity Florida Attorney Kim Picazio Reported For SLAPP Suit Against Conspiracy Theorist Timothy Charles Holmseth?

Why Is Celebrity Florida Attorney Kim Picazio Filing False Police Reports With The Inver Grove Heights Police Department Against Conspiracy Theorist Sarah Westall? It's To Cover Up Picazio's Affair With Jeremiah Regan, Isn't It? It Is, Isn't It? Picazio Has Been Conspiring With The Corrupt East Grand Forks Police To Harass & Maliciously Prosecute Westall's Conspiracy Theorist Buddy Timothy Charles Holmseth For Years, Hasn't She? Picazio Maliciously SLAPPed Holmseth, Didn't She? (Note: Dede Evavold Is A Consumer Of Holmseth's Conspiracy Theories, Isn't She?)