Archive for Civil Suit

$1.35M Defamation Lawsuit Against VA Cop Block Founder: Final Outcome

For those who’ve been following the Civil Lawsuit Saga that I have been dealing with, in which Virginia State Trooper Melanie McKenney filed a defamation suit against me which all transpired from a traffic stop she initiated back in 2012 – I have your most recent update!

September 8th, of this 2016, my attorney Jonathan Arthur, an associate over at Thomas Roberts & Associates was in court to deal with the one final claim against me. I will take a moment to remind you that the last time we were in court over this ordeal, was on November 6th, 2015. You can find the filed complaint against me, the pleadings my attorney responded with AND the most recent opinion the Judge issued after that November 6th court date, here. I digress.

The results are in from the September 8th 2016 hearing!

Please check out Thomas Roberts‘ excellent write up regarding the outcome of the case here. Mr. Roberts is a founder and the principal member of the firm of Thomas H. Roberts & Associates, P.C. I HIGHLY HIGHLY HIGHLY recommend Jonathan Arthur or anyone else at the firm for legal matters and most especially civil rights/ Constitutional situations!

I am in great need of donations for my legal defense. Please consider making a donation here. If you prefer your donations to be in the form of Bitcoin, send a message to the VA Cop Block Facebook Page letting us know.

For anyone interested in reading some other articles written about this situation, Check out the Fox News Article, DailyMail Article, Photography is Not a Crime ArticleRichmond’s NBC12 Article.

Civil Lawsuit Update: Cox’s Attorney’s respond to $1.35M lawsuit(Updated 12/11/15)

McKenney ordered him from his car, attempted to pull a cell phone from his hands because Cox was video recording the interaction, obstructed the collection of evidence and violated Cox's First and Fourth Amendment Rights.

“McKenney ordered him from his car, attempted to pull a cell phone from his hands because Cox was video recording the interaction, obstructed the collection of evidence and violated Cox’s First and Fourth Amendment Rights.”

(SEE TWO UPDATES REGARDING CASE AT BOTTOM OF ARTICLE)

On June 20th, Virginia Cop Block published the news about Virginia State Trooper Melanie McKenney filing yet another Civil Lawsuit against Virginia Cop Block Founder Nathan Cox; going from a $5K lawsuit to now a $1.35 Million dollar lawsuit.

Cox’s Attorney’s over at Thomas Robert’s and Associates located in Richmond have come out of the gates swinging filing two pleadings along with their own exhibits in hopes of getting this frivolous lawsuit dismissed, this time for good.

The first pleading covers the Statute of Limitations.
Taken from the introduction:

“(1) This Suit is nothing more than a bad-faith, baseless attempt by State Trooper McKenney to hide behind her private persona and silence Nathan Cox – to retaliate against him for his First Amendment protected political activity – by issuing him a million dollar ticket.”

(2) State Trooper McKenney filed suit in small claims court on March 12, 2014. That suit was dismissed, appealed and then non-suited. By the time State Trooper McKenney filed her March 13, 2014 suit, the statute of limitations for any statement complained of had long since run. Complaint 4-9. The Complaint, State Trooper McKenney expressly claims that ‘[t]his case was previously non-suited and is being refiled within six months of the prior non-suit.’

You can read the rest of those pleadings here: Hanover Circuit Filing -1st Special Plea in Bar – Statute of Limitations

As for the second pleadings which had video exhibits, which were that of Cox’s cell phone video and the DashCam video that he acquired by way of a FOIA Request (which the videos can be found on VA Cop Block’s YouTube channel); this pleading goes after the “Truth of all actionable statements.”

The opening Introduction of that pleading states:

“I asked him to get out of the car and he puts a camera in my face” “I don’t want myself on any type of YouTube or whatever.” (Quotes pulled from Dashboard Camera Audio)

“I asked him to get out of the car and he puts a camera in my face”
“I don’t want myself on any type of YouTube or whatever.”
(Quotes pulled from Dashboard Camera Audio)

“(1) In this case, State Trooper M.H McKenney sues Nathan Cox for defamation after Cox shared accounts of a traffic stop in which McKenney ordered him from his car, attempted to pull a cell phone from his hands because Cox was video recording the interaction, obstructed the collection of evidence and violated Cox’s First and Fourth Amendment Rights.

(2) To Prevail, McKenney must show the statements Cox made are both actionable and false. Many of the alleged defamatory statements are not actionable as a matter of law. As for the rest, the video and other documents related to the incident show that these statements are true or substantially true. While McKenney may be personally offended by some of the statements or the mode of their expression, they are not actionable. Indeed, they constitute protected speech under the First Amendment. Therefore this case should be promptly dismissed. Alternatively, any purported statements the Court determines not to be actionable or which are true should be stricken before the case proceeds further.”

Read the rest of these pleadings here:
Hanover Circuit Filing – 2nd Special Plea in Bar – Truth of All Actionable Statements

Cox’s attorney’s will be releasing a video that will be an exhibit in this case and when that video is released, this article will be updated with the embedded video. 

Continue to follow this case by following Virginia Cop Block on Facebook, Twitter and the website. 

Nathan Cox is seeking donations for his Legal Defense Fund to help pay the cost of his attorneys. Consider making a donation and helping Cox protect hist First Amendment rights and perhaps, although it’s not clear, this case could help set a precedent in protecting YOUR first amendment rights in the process.  Click on the image below to make a donation. Cox has stated he’ll be sending personalized hand-written thank you cards, to everyone who donates.

 

Also, to view the Trooper’s 11 page complaint you can find that here: $1.35M Civil Lawsuit / 11 Page Complaint.

UPDATE: November 7, 2015

Yesterday, November 6, Nathan Cox was back in court dealing with this RIDICULOUS 1.35 Million Dollar lawsuit, brought on by a Virginia State Trooper named Melanie McKenney. If you have had a bad experience with Trooper Melanie McKenney, please private message the  facebook page or submit an entry on the website and let us know! The following is what Nathan published regarding the half day in court:

“Today was a great day in court!
My team of attorneys did an excellent job!
The court will be issuing letter opinions on the pleas filed by my lawyers that should get rid of most if not all of this ridiculous case.

The court denied the motion of the plaintiff attempting to deny access to the files of the state police related to Trooper Melanie McKenney. The documents produced will be subject to a protective order to be used only in the defense of the case.

My attorneys have been working hard on the case and need to get compensated. Please consider supplementing what I’m able to pay them. The work that they are doing is vital to protect free speech and the First Amendment, not just for me but for others who choose to criticize the government. You can help protect our 1st Amendment rights by contributing to the legal defense fund here:
http://www.robertslaw.org/defense-fund/

I appreciate the continued support in this matter–it really means a lot. I’m very grateful to those folks who’ve sent me encouraging messages, who’ve chipped in here and there financially and who appreciate the work I’ve done for the cause of freedom. Thank you!

I’ll write an update on VirginiaCopBlock.org after the judge issues his opinion”

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Update: December 11, 2015

Followers & Supporters !!!! We have FANTASTIC news regarding the $1.35 Million lawsuit against Virginia Cop Block Founder, Nathan Cox that was meant to silence him. The following is a statement from him:

“My attorneys really hit a home run in court at the end of last month! The court has issued its (3 page) order which stemmed from my attorneys making a few arguments why it should all be thrown out.

The court found that the Appeal by Virginia State Trooper McKenney was improper, the non-suit was a nullity, and therefore ALL statements/ claims with the exception of just ONE HAVE BEEN THROWN OUT!!

The last existing claim is something I said back on March 28th, 2015 when I was invited to speak to some University of Richmond Law Students.

This statement is: “she pretty much assaulted me.” Which my attorneys should be able to dispose of this claim at a summary judgment. If not before.

I want to give a HUGE thank you to my attorneys over at Thomas Roberts & Associates whom I HIGHLY recommend for especially Constitutional matters and police matters respectively.

I also want to give a BIG THANK YOU to everyone who’s supported me in various ways whether through encouragement, prayers, donations to my legal fund, etc. Your support truly means the world to me.

More updates on the way as they come out and finally get this behind me!”

Officer Barnes Questions/ Criticizes Officer Torres Shooting John Geer

Recently released information has provided some valuable insight on what happened the day John Geer was shot and killed on his front porch by Adam Torres. One piece of information that has been long awaited was, Who shot and killed Geer. Last week we learned it was PFC Adam Torres who shot unarmed John Geer who has his hands up according to witnesses that include the police.

Last month in January Virginians united together at the Fairfax Police Headquarters to raise some awareness and raise some hell concerning the lack of transparency, accountability and intentional stonewalling of the investigation, which we also heard from the Fairfax Prosecutors office. As a result of the incompetence from the Fairfax Police Chief and Fairfax Board of Supervisors the Police/ government accountability movement is growing in Northern Virginia.

You can find the recently released information here.
You won’t won’t to miss Tom Jackman’s latest article with the Washington Post!

Check out this internal investigation testimony from Officer Rodney Barnes who was the third officer on the scene and who held continuous dialogue with Geer the entire time.

Trimmed/ Edited interview highlighting points of interest:

COMPLETE Rodney Barnes interview

(VIDEO) Justice for John Geer Demonstration A Success

Organizers and Activists self-affiliated with Northern Virginia Cop Block are on a mission to find Justice for John Geer, a father of 2 who was shot and killed Fairfax Police Employee Adam Torres on August 29th 2013 and only since recently has the general public been getting more insight and questions answered by the police about who killed him, still no reasoning as to why. It was reported that Geer had his hands up for 50 minutes per the request of the police while he stood outside on his front porch talking to the police. As you can only imagine his arms naturally got fatigued. According to an eye witness named Jeff Stewart a neighbor who is a witness in the civil suit, the palms of his hands were still up yet lowered to around his face when he was shot, unarmed.

Geer standing in his doorway with hands up (photo taken by Michael Lieberman)

Geer standing in his doorway with hands up (photo taken by Michael Lieberman)

Mike Curtis a Fairfax resident who affiliates himself with Northern Virginia Cop Block took the lead on organizing the demonstration on which was located outside the Fairfax Police which is adjacent to several court house buildings and he had a had the support of a small team of help! Throughout the demonstration a few individuals were handing out civil rights informational packets referred to as “Liberty Empowerment Packets” and the rest were being as visible as possible even separating into two groups with the other standing on the sidewalk along the main road in front of the courthouse complex.

Tom Jackman a journalist with the Washington Post has been following the John Geer story since the death of Geer. I highly recommend reading his latest article about the recently released information that has been long-awaited concerning the death of Geer, that confirmed Geer’s hands were still in fact raised when shot – and died as the result of single shot and no rendered medical aid.

Below are some pictures video and links to all the press that came out that day and their stories on the demonstration.

To get involved and stay up to date with the John Geer case to to help hold these public officials accountable get involved with the Justice for John Geer Group. Maybe you’re in Virginia, but not northern Virginia and want to get involved, check out the various Virginia Cop Block Chapters.

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PRESS with interviews from some of the organizers and participants:
NBC Washington Coverage
MyFox DC Coverage
WJLA Coverage
WUSA9 Coverage
WUSA9 Coverage (2)
Hola Ciudad
Tom Jackman Washington Post
Connection Newspaper Coverage

Martinsburg Police shoot(23x) and Kill man for walking down the street

By THE FULL COURT PRESS:

THINGS YOU SHOULD KNOW

    • Wayne had no warrants for his arrest and had committed no crimes.
    • Wayne had no drugs or alcohol in his system.
    • Judge states in her Order for Summary Judgement “NO KNIFE WAS EVER PRODUCED”
    • Approximately 50 conflicting material statements by LEO in State Police File, Depositions and videos.
    • Case illegitimately thrown out because a RESPONSE to a discovery request was deemed to have been filed ‘one’ day late.
    • Dashcam videos admittedly “altered” by West Virginia State Police prior to releasing them to family.
    • Officer allegedly stabbed stated, in fact, “He was not stabbed” on the video and Medical file refutes any treatment for cuts/stabbing.
    • Officer states they shot him because “he was just fuck’in laying there and wouldn’t do nothin”.
    • Bullet fragments/pieces found on front of Wayne’s shirt – furthering the reality that he was lying face down when (5) Cops shot him 23 times.

    Wayne A. Jones was walking down the street beside the sidewalk at 11:30pm on March 3, 2013. An Officer Lehman lurked behind him in his patrol unit watching Wayne as he was walking. As Wayne made a wide turn around a parked car, he immediately turned in towards the curb and continued walking. The video depicts Wayne stopping at an intersection and then crossing the street and ultimately stopping when the Officer pulled his vehicle over and exited.

    Help the Estate of Wayne A. Jones hold these Cops Responsible!

    Read more

    Pro Se litigant sues and Beats Virginia Sheriff on FOIA Violation

    FROM THE FULL COURT PRESS – In early 2014, The Frederick County Sheriff, Robert T. Williamson was sued in Frederick County General District Court for failing to respond to a simple FOIA request.

    The Plaintiff, Rand Cadmus,  had been attempting to extract information out of the Frederick County Sheriff’s Dept for (4) months.  Email after email back and forth until the Frederick County Sheriff’s Doug Lang ended with “We will not repond to your emails[sic]).

    Read more

    Case Dismissed In Trooper Melanie McKenney vs VACB Founder Nathan Cox (Update: Saga Continues)

    Written By: Nathan Cox

    I was due in Hanover Court on Monday June 23rd at 9:30 in regards to a Civil Lawsuit where Virginia State Trooper Melanie McKenney was/ is trying to sue me for “Defamation”. The small claims court room was in the basement of the General District Court. Virginia State Police Employee, Melanie McKenney failed to show up. My case was the first called, we told the Judge we would wait around for 15 minutes. After waiting with no appearance by McKenney, the Judge dismissed the case.

    Now Today, June 26th, 2015 I receive mail from McKenney, that was a copy of a letter she sent to the Judge the day after our Court Date, apologizing for her absence and requesting/ submitting a motion to reopen the case. See pictures below. Read more

    Virginia Cop Block Founder Nathan Cox Sued by VSP Trooper Melanie McKenney

    Warrant in Debt
    On March 17, 2014 I was served a “Warrant in Debt”. As you will see in the attached image, I’m being sued for $5,000 by Virginia State Police Trooper Melanie McKenney. Some of you readers may recall that two years ago I was pulled over by Trooper Melanie McKenney during Memorial Day Weekend when the Virginia State Police had many of their Revenue Generating Officers out on the interstates. I had described it as the second most aggressive traffic stop I had ever been involved in. She violated my rights and denied my right to record her by claiming my cell phone could be a gun – however the information and videos given to me through the FOIA Request showed that she knew it wasn’t a gun, in her words, “I don’t want myself on any type of YouTube or whatever.” If you are not aware of this incident and would like to see the article and videos of that incident click here.

    So almost two years later VSP Trooper Melanie McKenney is suing me for “Defamation”. Read more