Since starting my website DontWakeMeUp.org in April 2013 I have received a lot of letters from fellow commercial drivers who have been illegally woken up and don't know what to do about it.
They were angry enough to do an internet search, but other than that, aren't sure what they can do.
It can indeed seem like a daunting, confusing, and burdensome task to file an official complaint against a cop. That is why most people in America don't take any official action when their rights are violated. People are busy and burdened with the obligations of everyday life and providing for their families, so they most often just gripe about it and 'let it slide.'
I fully understand all this, which is why I make it a specific goal to encourage everyone to take action when their rights are violated.
The following is an example of one such letter I received about Wyoming DOT waking up a driver named Paul. They demanded ID from this vehicle passenger even though there was no probable cause whatsoever. Paul wasn't sure how to file a complaint and neither one of us could find a complaint form. (Why do you think police make it so complicated and difficult to file a grievance with their agencies? It's not by accident. ) So I did some research and by that time some time had passed. I asked him if he had made any progress and Paul replied:
Subject: Re: Wyoming DOTSo, understandably, this hard-working family man, Paul, didn't have time to deal with it. And so it goes unaddressed. See, this is EXACTLY what allows the criminals to continue their tyrannical mode of operation.
"No. I don't know how to proceed and haven't had any time to try to find out. The company says "why would it be illegal?". I guess next time we'll bring it to a head right on the spot by refusing to wake up the co-driver."
Below is my response to Paul. But first, an explanation of the broader point. This is why I encourage people for example to always plead not guilty to traffic tickets and invoke their due-process rights instead of just handing over their hard-earned money. The rate of people who 'bother' to plead not guilty to traffic revenue tickets is extremely low, although it is increasing because of the terrible economy. People are finally pleading not guilty out of economic necessity.
On my filming cops archive page, I explain that the first complaint I ever filed against a police officer was in July 2008. This occurred after I saw police violently push down what appeared to be a little kid in West Covina, CA. I was shocked to have witnessed such a thing and started filming the scene. A cop in a suit who refused to identify himself saw me filming and came over to my car window and tried to discourage filming. I then filmed him, and filed an official complaint aginst him. The text of that complaint, along with the video and photos of the original incident can be found here. The internal affairs department then asked me to come down to the police station for an interview on September 15, 2008. I agreed, but I brought my own video camera and filmed the whole thing. I walked into the police station with camera rolling and didn't turn it off. After all, the whole case was about our right to film cops. So if they had objected to me recording the interview, then there wasn't going to be an interview, since I have no obligation to talk to anyone. That entire video and transcript can be found here: Police Internal Affairs Investigators Confirm that Filming Cops in Public is 100% Legal (All the videos are also at the bottom of this page.)
When Ronald Reagan's stepson Michael Reagan threatened to murder 9/11 truth activist Mark Dice on air in 2008, people were up in arms about it and wanted something done. So I pointed out that a proper complaint must be filed with the FCC. Griping about something or even calling the FCC on the phone to complain does not constitute an official complaint. [See Prisonplanet.com, How to properly file an official FCC complaint against Michael Reagan for death threats against Mark Dice, June 2008. Here is our full coverage of that fiasco.] This is what I mean when I say that an official complaint process is imperative. A complaint against a police officer, if it's properly done, will generally stay on their record for five years. I believe that regardless of the outcome of the complaint, this serves as a deterrent against that officer to continue the behavior. Because if the officer ever has future allegations brought out against him or if a lawsuit is filed, the litigant will then have the opportunity to have a complete record of all complaints filed against the cop.
The U.S. Department of Justice also takes complaints about police misconduct and rights violations, although it's important to note that filing a complaint with the DOJ is not a substitute for a local complaint with the local police agency. The DOJ points out that you may or may not receive a response from them. Also, filing a complaint with the DOJ is not a substitute for a monetary claim or a civil rights lawsuit, which is always an option if you act within the statute of limitations. The US DOJ webpage states, in part:
Addressing Police Misconduct Laws Enforced by the Department of Justice
Federal Criminal Enforcement
It is a crime for one or more persons acting under color of law willfully to deprive or conspire to deprive another person of any right protected by the Constitution or laws of the United States. (18 U.S.C. �� 241, 242). "Color of law" simply means that the person doing the act is using power given to him or her by a governmental agency (local, State, or Federal). A law enforcement officer acts "under color of law" even if he or she is exceeding his or her rightful power. The types of law enforcement misconduct covered by these laws include excessive force, sexual assault, intentional false arrests, or the intentional fabrication of evidence resulting in a loss of liberty to another...
..."Police Misconduct Provision"
This law makes it unlawful for State or local law enforcement officers to engage in a pattern or practice of conduct that deprives persons of rights protected by the Constitution or laws of the United States. (42 U.S.C. � 14141). The types of conduct covered by this law can include, among other things, excessive force, discriminatory harassment, false arrests, coercive sexual conduct, and unlawful stops, searches or arrests..."
One option for people is to file a monetary claim or civil rights lawsuit. Consult an attorney if you have questions. Here are some links about federal civil rights suits:
Attorney Jeffrey L. Needle of the Progressive Litigation website promotes an "aggressive enforcement of fundamental constitutional and/or civil rights." He wrote an excellent article on the issue of Attorney Fees in Section 1983 lawsuits which conveys a keen understanding of the problems litigants face when plaintiffs have suffered clear Constitutional violations by police, yet the violations are not particularly egregious. Needle states, in part,
"The public interest mandates that fundamental constitutional rights be aggressively enforced regardless of the size of an award of damages. Access to courts is essential for that enforcement. Meaningful access to courts requires competent counsel...
...Where damages are substantial and liability is likely, attracting competent counsel is relatively easy because a reasonable contingent fee can be anticipated. Where damages are insubstantial, however, the availability of a court awarded fee is the only anticipated fee and essential to attract competent counsel... Reliance upon the pro bono efforts of private trial attorneys is insufficient to provide meaningful access to justice..."
"The overwhelming majority of constitutional violations do not result in substantial damages. Examples of such constitutional violations include, but are not limited to, illegal stops for relatively brief periods of time - including racial profiling, illegal entry and searches of homes and cars, illegal arrests with very brief incarceration, and excessive force resulting in no serious injury. These cases and others involving dignitary interests have a high potential for nominal damages.(3) Without the potential for a fee in nominal damage cases, routine constitutional violations such as these, without substantial damages, will very rarely be litigated. The Civil Rights Attorney Fees Award Act was enacted to encourage such litigation... The inability to vindicate constitutional rights due to a lack of resources damages the entire nation and not just the individual citizen."
Here is my response to Paul, who was angry after being illegally woken up by Wyoming DOT, who demanded to see his ID:
Paul, I believe it is very important for us to hold these people responsible when they wake us up and break their own rules.
I don't care what your company says. They, like many companies are ball-less gutless wonders who worship cops and are afraid of cops. I do not worship corrupt power-starved cops. Cops are PUBLIC SERVANTS who have no more right to wake us up than they would to go pound on the bedroom window of your gutless boss, or his wife, or his mommy, at 2am and demand ID from them. That is insane and totally illegal. As you know in my federal civil rights lawsuit, a state police agency already admitted in writing that "The passenger is under no obligation to comply with request" for ID. This would apply to TX, WY, or any state. Period. We have the 4th Amendment as well as many US Supreme court cases that decided the issue of compulsory ID decades ago, most notably BROWN V. TEXAS. Further Info on all this is at my site dontwakemeup.org. This is very very clear. No corporation is going to defend you. You must vindicate yourself just like I did. I'm not asking you to file a lawsuit like I did. Just file a damn complaint for goodness sakes. I am on your side! This will help hold the trooper accountable.
Just give a factual account of what occurred. time, dates, names if you have them, etc.
I am not certain whether the person who woke you up was WY DOT or WY Highway Patrol. But here is their contact information. Neither agency provides an easy-to-find complaint form. but if you call or write them to inform them that you want to make a complaint, they are obligated to provide it for you, via postal mail or if you request, e-mail.
WY DOT contact page is here http://www.dot.state.wy.us/ContactWYDOT/
Wyoming Department of Transportation
In addition they do have a civil rights staff contact page https://www.dot.state.wy.us/home/business_with_wydot/civil_rights.default.html but that seems to apply to employment etc. I am not certain. nevertheless they should be able to direct you.
In addition I have compiled some info that may be helpful to state your case.
Here is the actual complaint which I filed in my case which garnered an official written admission of wrongdoing from TX DPS: http://libertyfight.com/Texas_Dept_Public_Safety_complaint.html
WY roadside memorials for folks killed on roads http://www.dot.state.wy.us/home/news_info/roadside_memorials.default.html
WY accident attorney with info on fatigued commercial drivers: http://www.wyoming-injury-accident-attorney.com/truck-accident.html
AMERICAN SAFETY COUNCIL, http://www.safemotorist.com/Wyoming/Driving/drowsy_driving.aspx
DID YOU SEE THAT PAUL? ACCORDING TO THE AMERICAN SAFETY COUNCIL, Wyoming led the nation with 13 percent OF FATIGUE RELATED DEATHS! So do you think that the WY DOT is going to be able to JUSTIFY waking up sleeping commercial drivers who are complying with federal rules? No way. No way.
WY DOT INSISTS IN THEIR OFFICIAL PUBLICATION:
The following is priceless data, from FMCSA itself in a commercial sleep study. These are excerpts:
This PDF from WY DOT outlines a case of a complaint that was officially investigated. The complaintant was said to have simply written a "letter" to the agency, thus apparently proving that "a letter received" is sufficient to file an official complaint.
Trucks are a common sight on Wyoming roads, particularly on Interstate 80, one of the nation's busiest highway routes for moving freight coast to coast. Commercial vehicles wrack up millions of miles daily across Wyoming, providing an important service to residents and not residents alike, and sustaining considerable employment and economic activity
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|NOTE 7/28/13: Recently the front page of of my site has become too crowded, so I have created a LibertyFight.com Classics Page. I hope you enjoy perusing the site and reading over the body of work which I have compiled over the years. On this page are some of my favorites and also some of the most popular & well-trafficked stories that I have written. You may recognize some of these articles but not realized until now that you've been to my site before. This is because LibertyFight is not a site that people visit 'daily' for news. It is not a news aggregate site that is updated daily; But rather, it is a site that provides content generally to other leading alternative news websites and is also occasionally linked to and referred to by 'mainstream' news websites and well-known pundits. Thanks for visiting. :-)|
Martin Hill is a Catholic paleoconservative and civil rights advocate. His work has been featured in the Los Angeles Daily News, San Gabriel Valley Tribune, The Orange County Register, KNBC4 TV Los Angeles, The Press Enterprise, LewRockwell.com, WhatReallyHappened.com, Infowars.com, PrisonPlanet.com, Economic Policy Journal, FreedomsPhoenix, Haaretz, TMZ, Veterans Today, Jonathan Turley blog, The Dr. Katherine Albrecht Show, National Motorists Association, RomanCatholicReport.com, Republic Broadcasting Network, WorldNetDaily, OverdriveOnline.com, Educate-Yourself.org, Dr. Kevin Barrett's Truth Jihad radio show, Strike-The-Root.com, ActivistPost.com, Los Angeles Catholic Lay Mission Newspaper, KFI AM 640, IamtheWitness.com, Redlands Daily Facts, BlackBoxVoting, The Michael Badnarik Show, The Wayne Madsen Report, Devvy.com, Rense.com, The Contra Costa Times, Pasadena Star News, Silicon Valley Mercury News, Long Beach Press Telegram, Inland Valley Daily Bulletin, L.A. Harbor Daily Breeze, CopBlock.org, DavidIcke.com, Whittier Daily News, KCLA FM Hollywood, The Fullerton Observer, Antiwar.com, From The Trenches World Report, and many others. Archives can be found at LibertyFight.com and DontWakeMeUp.Org.
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Martin Hill's DontWakeMeUp.org Featured in Major Trucking Magazine:
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Jews Suing Jimmy Carter over Palestine book represented by 'Dancing Israelis' Lawyer 5/29/13 [I was on Dr. Kevin Barrett's show May 29th discussing this article and related issues. The MP3 can be downloaded/heard here. 2nd hour.]
9/11 Widow & lawyer sanctioned for motions which "reflect anti-Semitism in a raw and ugly form.": LibertyFight.com has obtained an exclusive copy of the court decision against 9/11 widow.
Jane's Addiction/Lollapalooza frontman Perry Farrell confronted on Bin Laden, 9/11 by pro-Palestinian 9/11 truther: Grotesque mock baby-murder ritual plays out on stage while Zionist Farrell sings
U.S. Dept of Defense googling 'Bishop Richard Williamson Boston Bombings' 5/21/13 [Featured on WhatReallyHappened.com , SecretsOfTheFed.com , redicecreations.]
9/11 Widow & lawyer sanctioned for motions which "reflect anti-Semitism in a raw and ugly form." 5/18/13
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Bill protecting those who film police moves through TX Legislature 5/1/13 [Featured on WhatReallyHappened.com.]
Feds Re-Indict 65 year-old delusional man accused of plotting to kill abortion doctors [Featured on WhatReallyHappened.com , topix.com , infopig.com , bignewsnetwork.com , shovelcity blog , Progressive Democrats of America , OpEdNews.com , realclearliberty.com , scaruffi blog , marketfreedom.com. The FBI has also visited this article.]
Corporate dinosaur media copying independent grassroots blogs verbatim 4/27/13
NOTE: Visit our new website DontWakeMeUp.Org - Trucker's Civil Rights for more information on the Federal Civil Rights Lawsuit filed against the Texas Troopers for illegally demanding ID. You can also join the mailing list for updates.
Cop at Suspicionless Checkpoint Starts Barking Orders, But Then Flees from Camera
Creepy DHS Supervisor tries to open vehicle door when motorist asks officer's name 4-17-13 [Featured on WhatReallyHappened, Economic Policy Journal, LewRockwell.com , RomanCatholicReport.com , battlefourtimes, and many others.]
DontWakeMeUp.Org Launched As Civil Rights Lawsuit Proceeds Against Texas Troopers
Motorist puts police in their place at suspicionless internal checkpoint December 2, 2012 [Must see video- Featured on PrisonPlanet.com].
Who says you can trust the government? NYPD lists police killed by 9/11 environmental toxins April 7, 2013 [Featured on RomanCatholicReport.com and WhatReallyHappened.com.]
Stockton is bankrupt, but their police continue trying to stop people from filming in public April 2, 2013
Oppressing the poor and defrauding a laborer of his just wages: "sins that cry out to Heaven for vengeance" April 1, 2013
Easter 1939: Father Charles E. Coughlin warns of the war propagandists, their system of financial control & their evil "blood business" [Featured on RomanCatholicReport.com , WhatReallyHappened.com , Republic Broadcasting Network, Fourwinds10.net , cottage-two , rustymetals.com , usapartisan, & scoop.it.]
Man who hit cop in self-defense is acquitted, with help of friend's video footage March 28, 2013 [Featured on educate-yourself.org , WhatReallyHappened.com and strike-the-root.com.]
Lunatic CHP cops go berzerk as female motorist successfully demands her rights under CA Vehicle code 3/22/13 [Featured on WhatReallyHappened.com , Economic Policy Journal, From the Trenches World Report , The Daily Paul (most popular of the day), Fourwinds10.net, and TheLibertyCaucus.com.]
Remember the guy who called George H. W. Bush a murderous, Zionist, peice of $h!t at a Houston Pizza place in 2010? This story is about him and what he's been up to lately:
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Police Commissioner Raymond Kelly blatantly lies about past NY gun confiscation on national radio January 20, 2013 [Featured on WhatReallyHappened.com and Republic Broadcasting Network.] [NYPD, The City of New York, The New York State Senate, and countless other spook/govt agencies have visited this article numerous times.]
Internal Documents in TX Trooper lawsuit: Cops admit "the passenger is under no obligation to comply with request" for ID
Catastrophic Bridge Collapse in Washington State reveals importance of sleep for Truckers as NTSB investigates the sleep records of driver
4/17/13: DontWakeMeUp.Org goes viral immediately after public launch: People from across the world along with Corporations, Universities, Law Firms, as well as State and Federal government agencies have visited DontWakeMeUp.Org since our release on Tuesday, April 16th. We will have an "our visitors" page outlining the government visitors soon.
4/16/13: WOKEN UP AGAIN! The irony of, on the very day I launch my new website DontWakMeUp.Org, it happens. Again. Today. UNREAL. Watch how these lunatics change course the second they see the camera. Keep your cameras ready, folks! The article and video can be seen here.
April 16, 2013:
DontWakeMeUp.Org Launched As Civil Rights Lawsuit Proceeds Against Texas Troopers
Motorist puts police in their place at suspicionless internal checkpoint December 2, 2012
Police Internal Affairs Interview Part 1 / 5
Police Internal Affairs Interview Part 2 / 5
Police Internal Affairs Interview Part 3/5
Police Internal Affairs Interview Part 4/5
Police Internal Affairs Interview Part 5/5