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The victim, still recovering from injuries, has filed a federal civil rights lawsuit. The defendants are CHP Commissioner Joseph Farrow, CHP officer Daniel L. Andrew (#20470) who patrols "area 590," the Central Los Angeles division, and Sean K. Taketa (#16454), a sworn traffic officer and investigator with the CHP in the southern division. All three are being sued individually & in their official capacity as peace officers. CASE #: 2:14-cv-05551-ODW-AS was filed 7/17/14 In U.S. Disctrict Court Western Los Angeles Division and has been assigned to Judge Otis D. Wright, II with Magistrate Alka Sagar handling the preliminaries. Officer Joseph Farrow, who is reportedly on desk duty, was served on 7/29/2014 and is required to respond to the suit by August 19th. Pinnock is represented by attorneys John L. Burris of Oakland and Caree Harper of Los Angeles. Pinnock and Harper held their first interview Sunday Aug. 10 in L.A.
The COMPLAINT FOR DAMAGES includes 1. CIVIL RIGHTS VIOLATIONS: (Per 42 U.S.C. § 1983): 2. MONELL ALLEGATIONS 3. RALPH ACT and 4. BANE ACT. Pinnock has demanded a jury trial and is seeking special and general damages, compensatory and punitive damages, costs and attorneys fees.
In his written report of the incident, Officer Andrew made no mention of the fact he pummelled the elderly woman, but rather complained that Pinnock was a danger walking on the freeway, was combattive, talking to herself and that she called him the devil. In Pinnock's complaint, her civil rights lawyer Caree Harper wrote "If in fact she did call him the devil, it's secondary to the fact that he proved to be either the devil or a close relative. Because he treated her in a manner nobody should ever be treated."
Regarding police harassment of the man who filmed the incident, the lawsuit states, in part,
"defendant Taketa came to wit 1's residence several times and treated him as though he were the suspect. taketa asked wit1 at one point that if he felt the traffic officer was using excessive force why didnt he step in to help. Taketa's tone and accusations were reportedly threatening to wit 1 and made the witness feel as though his own credibility was going to be smeared. the plaintiff further asserts that the officer wrote a false report to cover up the beating and to portray the victim/plaintiff as the suspect/aggressor.CBS reported "Pinnock also alleges that David Diaz, the man who videotaped the incident, has been intimidated by an investigator named in the suit as S. Taketa. RawStory reported "The video was filmed by a passing motorist, David Díaz, as he made his way onto the freeway. Pinnock’s lawsuit argues that an investigator named "S. Taketa" has "intimidated" him after the clip went online."
plaintiff believes and asserts that the officer intentionally lied about her injuries and he, along with other doe defendants, concealed at the USC medical center initially and then transferred her to a mental facility when the video went "viral" on the internet, and drew media attention. Defendant Andrew and others are believed to have concealed the plaintiff under numerous aliases to delay anyone from discovering the deception, the atempted murder, her injuries and their malfeasance.
The OCRegister in years past reported on Officer Sean Taketa – CHP Westminster, after he helped catch a car thief.
A 2003 Chicago Tribune article about U.S. woman's soccer player Shannon Boxx mentions "her fiance, law enforcement officer Sean Taketa," and that Boxx, from Redondo Beach, was working towards a master's degree in clinical psychology. The cop/soccer star couple has been mentioned in ESPN and many other sports sites such as Playerwives.com. TransparentCalifornia.com lists Officer Sean K. Taketa's salary at $106,321.46.
official twitter page includes a big picture of her husband .
Wikipedia reports "On February 28th 2014 Boxx had her first child, a baby girl named Zoe." Boxx is part black, so it's no small irony that Sean Taketa is accused of protecting the ones who victimize a defenseless black grandmother. I tweeted Sean a question this morning. He should be ASHAMED of himself.
@ShannonBoxx7 Hey Sean whatsup?? How is Marlene doing? I sure hope you treat your wife better than you treat elderly black women— Martin (@LibertyFight) August 13, 2014
This is also a good reminder for people to film all encounters with law enforcement, and to film police abuse whenever you observe it. Kudos to David Diaz for having the presence of mind to film and document this horrific criminal assault. See our FILMING COPS ARCHIVE PAGE and our BEATING TRAFFIC TICKET ARCHIVES for much more helpful info.
On July 23, Harper tweeted the name of the officer who visciously beat her client:
Who is Daniel L. Andrew? Call Caree: (213) 386-5078— Caree Harper (@AttyCareeHarper) July 23, 2014
also tweeted an article about filming cops
and asked questions such as "Eric Garner's death in NYPD chokehold case ruled a homicide. Fast action in NY. D.A. Jackie Lacey when will you act?"
- "We have answered many questions about Ms. Pinnock. All who asked those Qs, please be as persistent in asking, "Who is Daniel L. Andrew."?
- "Day 38-still waiting 4 CHP bully 2be charged for beating Ms Pinnock. Justice moves so slow4some, but so fast4others.
- "Man who Fought LAPD Charged with Attempted Murder - D.A. LACEY what about 664/187 on Ofc Andrew 4 Marlene Pinnock?!!
- Los Angeles woman punched by patrolman speaks (The ANSWER to why Ms. Pinnock was on the off ramp)
- Feds consider probe into CHP beating captured on video, sources say
"We are extraordinarily concerned that an officer engaged in the conduct that has been demonstrated on the video. Then, the department seems to be trying to convict her, trying to place her in a position of criminality," said Burris, a civil rights attorney who represented Rodney King. "It doesn’t matter what she did beforehand. The level of force that was being used against her … represents constitutional violations," he added. Pinnock’s daughter said dealing with the incident has been overwhelming. "I just need and want justice for my mom. This shouldn’t have happened to her,” Maisha Allums said. “I don’t want it to happen to anyone else." CHP Commissioner Joe Farrow, who was named in the lawsuit alongside the unidentified officer, has said he was "deeply concerned" by the video. Farrow has promised a prompt and thorough investigation. Pinnock’s lawyers said they want the officer fired and charged criminally. Holding their news conference outside the federal building in Westwood, the attorneys called for the FBI to investigate and seek attempted murder charges against the officer.
On July 15, twitter user Bungee Drunk
tweeted the following and was visited by CHP investigators at the V.A. facility where he resides. The man said he wouldn't talk to them without a lawyer, and the officers promptly left.
Hello California Highway Patrol? @CHP_HQ That video shows an officer who deserves to be executed. Not a need for more training. Only justice— Bungee Drunk (@NauseaTingly) July 15, 2014
Regarding CHP Commissioner Farrow, Pinnock's suit states "The misuse of a felony search warrant to obtain a "statement from her" constitutes an intentional misrepresentation to a Superior Court Judge and is perjury. By his own admission, Defendant CHP COMMISSIONER FARROW ratified the actions of DOE CHP Defendant(s) who served the overbroad felony search warrant that should have by quashed by L.A. County Counsel."
In committing each of the violations of law complained of herein defendants, their agents and employees were acting under color of law. The acts complained of were willful, wanton, malicious and displayed a conscious disregard of, and in deliberate indifference to PLAINTIFFs’ constitutional rights.
WIT 1 stated that he saw the plaintiff on the shoulder of the La Brea off-ramp exiting when she was seemingly summons by DOE 1. Based on what DOE 1 said to PLAINTIFF as she walked in the direction of DOE 1. DOE 1 stated further words to the PLAINTIFF which caused her to fearfully walk swiftly around a Red Ford F-150 truck. WIT 1 then began filming DOE 1 & the PLAINTIFF going around the stationery red truck with his camera phone. WIT 1 then observed the PLAINTIFF walk away followed by the officer who forcefully took her to the ground. WIT 1 is heard on the raw footage of the video saying “He’s going to arrest her.” However, immediately after that statement DEFENDANT DOE 1 seen on video exacting forceful rapid blows to the head, face and shoulder area of the PLAINTIFF. After the first blow WIT 1 says, “Oh shit!”; WIT 2 then says, “He’s beating her up, yo!”; followed by WIT3 who said, “Oh my gosh, why?”. WIT 1 stated that he never saw the PLAINTIFF spit, punch, or do anything aggressive prior to or during the filming of the incident.
The PLAINTIFF asserts that she was a victim of 10- 15 unprovoked vicious blows from the officer while straddling her and made no attempt to arrest her during the attack. She further asserts that his clear intent was to beat her with such force that could have resulted in her death and is tantamount to attempted murder. The video depicts parts of the PLAINTIFF’S dress being ripped off her person by the officer’s blow, along with her dignity being ripped away as his straddling technique exposed her buttocks to passersby. The PLAINTIFF further asserts that the officer wrote a false report to cover up the beating and to portray the victim/PLAINTIFF as the suspect/aggressor.
Defendant CHP DOE 1, without lawful cause or justification, and acting under color of law, intentionally, maliciously seized, assaulted, and battered the PLAINTIFF, causing her to be wounded and humiliated.
16. PLAINTIFF alleges that she feared for her life and that the viciousness in which she was beaten could have resulted in her death.
17. PLAINTIFF alleges that she was touched in an unlawful and non-consensual manner.
18. All individual defendants conspired to suppress these facts, and all individual defendants denied and/ or delayed medical attention.
19. Each of the individual defendants acted in concert, acted without authorization of law, and each of the individual defendants, separately and in concert, acted willfully, knowingly and with reckless disregard and deliberate indifference to the known consequences of their acts and omissions and purposefully with the intent to deprive the PLAINTIFF of her federally protected rights and privileges and did, in fact, violate those rights and privileges, entitling PLAINTIFF to punitive damages in an amount to be proven at trial.
20. As a direct and proximate result of the aforementioned acts, omissions, customs and practices of the defendants, PLAINTIFF have suffered great mental and physical pain, suffering, anguish, fright, nervousness, anxiety, grief, shock, humiliation, indignity, and embarrassment.
21. As a proximate result of the aforementioned conduct of defendants, PLAINTIFF sustained severe emotional injuries and required emotional treatment, and have incurred and will continue to incur medical expenses for said therapy in an amount according to proof at trial.
25. Prior to July 1, 2014, the DEFENDANT COMMISSIONER developed and maintained policies or customs exhibiting deliberate indifference to the constitutional rights of the citizens in the State of California who were victims of excessive force. DEFENDANT COMMISSIONER ignored complaints of malfeasance and actively covered up for his traffic officers thereby ratifying their unconstitutional unlawful acts.
26. Plaintiff further alleges that DEFENDANT COMMISSIONER has in the past and continues to knowingly ratify the unconstitutional actions of his traffic officers by shifting the blame to the victim of excessive force, misusing the criminal justice system to obtain priviledged and private information to discredit said victims or circumvent the discovery rules in civil rights violation matters.
27. Plaintiff further asserts that DEFENDANT COMMISSIONER knowingly allows his subordinates and public relations personnel (in the instant case Asst. Chief Chris O’Quinn) to intentionally disperse false information to cover for officers wrong doing.
28. Instead of doing a real investigation into DEFENDANT officers wrongdoing, DEFENDANT COMMISSIONER’S policy and practice is to quash the community uproar with untruths, delay tactic, and in this case literally hiding the victim under several aliases.
29. PLAINTIFF believes and asserts that it was and still is the policy and/or custom of the California Highway Patrol to inadequately and improperly investigate citizen complaints of police misconduct, and said activity is at the behest of DEFENDANT CHP COMMISSIONER FARROW.
PLAINTIFF’S assertion is punctuated by the fact that she was beat and viciously punched 10-15 times in broad daylight with multiple witnesses passing by on a major freeway and yelling as the traffic officer exacted blow after blow on the victim -grandmother.
[To post this article on Facebook, use this link: http://whatreallyhappened.com/content/chp-intimidates-motorist-who-filmed-vicious-assault-homeless-black-grandmother]
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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, AmericanFreePress.net, RomanCatholicReport.com, WorldNetDaily, OverdriveOnline.com, Educate-Yourself.org, TexeMarrs.com, Dr. Kevin Barrett's Truth Jihad radio show, Strike-The-Root.com, Pasadena Weekly, 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.
Lunatic CHP cops go berzerk as female motorist successfully demands her rights under CA Vehicle code (article & video) 3/22/13
Obnoxious CHP cop tries to make people stop filming him (article) 3/24/13
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Not An Isolated Incident: Texas Troopers caught regularly conducting illegal searches, raping women 8/9/13
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Motorist puts police in their place at suspicionless internal checkpoint December 2, 2012
[Must see video- Featured on PrisonPlanet.com].
Cop at Suspicionless Checkpoint Starts Barking Orders, But Then Flees from Camera [Featured on LewRockwell.com.]