Archive for Flex Your Rights

$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!”

Virginia Cop Block T-shirt/ Hoodie Pre-Sale June 27 – July 15

Fellow Police Accountability supporters! After MUCH delay, we are finally releasing TWO designs for shirts/ hoodies.
This is a PRE-SALE only, similar to music artists who Pre-Sale albums. You MUST Pay for for gear upfront.
Pre-Sale Ordering begins today, June 27 and will END at the end of the day on July 15.
I’m told by the Shirt/Sign/ Decal business that products will be ready no more than 2 weeks after order is submitted to them – so you can potentially have your gear by the end of the month of July.

Shirts:
1 for $20 (+ $5.50 shipping)
Or 2 for $33 (+ $5.50 shipping)

Hoodies:
1 for $35 (+ $12 shipping)
2 for $60 (+ $12 shipping)



 

What you see in the picture, is Read more

VA State Trooper McKenney Sues VA Cop Block Founder Nathan Cox for $1.35 Million

Nathan Cox & Tom Roberts after the $10,000 VCU Settlement.

Nathan Cox & Tom Roberts after the $10,000 VCU Settlement.

Written by: Nathan Cox

In March of 2014, local Richmond media (along with Virginia Cop Block) reported that I was being sued by Virginia State Trooper Melanie McKenney as a result from a traffic stop that transpired on Memorial Day weekend 2012, nearly two years prior, in which I later wrote an article about. The initial suit was for “defamation” which was filed in small claims court and she was suing me for $5,000.

The initial “warrant in-debt” I received had no attached complaint or allegations and I had no idea what it was about. I later formed the opinion that McKenney was upset about something I perhaps wrote in the article about the stop. The article also included information I acquired by way of a Freedom of Information Act Request.  This information I received included electronic forms of communication, radio transmissions and her dashboard camera.

During this first go around, Read more

VIDEO: JUSTICE FOR WAYNE A. JONES RALLY A SUCCESS

Written by guest writer: Tony Soto

Had the pleasure to join with the people in City Of Martinsburg West Virginia today to Lead a Protest and Rally bringing attention back to Wayne A Jones an unarmed man who was murdered execution style by 5 Martinsburg Police Officers Known as MP5. As we gathered on the corners of 232 Queen Street we were quickly met with a heavy Police Presence. Yet that didn’t stop the individuals in attendance from gathering and demanding Justice on behalf of Mr.Jones and a transparent Police department that will equally apply justice not by ones skin color or job occupation , but by ones humanity.

Read more

The Problem with VA Senator Bill “Police State” Carrico

State Senator Bill Carrico is a retired Virginia State Trooper. Unfortunately, it appears he has been more interested in representing his old buddies at the VSP in the Senate, than he is in representing his constituents and the citizens of the Commonwealth. 11008910_10101894148333908_718981517_n

The trouble all started in 2013 when Ben Cline’s anti-indefinite detention bill (HB2229) passed the House of Delegates 83-14 on its first attempt. This bill would prevent Virginia citizens from being tossed in a hole without trial, charge, or representation, and place power in the hands of the local sheriff to keep his citizens safe from violations of the 4th, 5th, and 6th Amendments. The bill then went to the senate and passed out of committee 14-1.

Before the bill could be voted on for final passage, it was passed by for the day 5 times. Here’s a hint, that doesn’t happen without somebody pulling some strings. When it finally was given a vote, “Police State Bill” amended it, and it passed the Senate 31-9. His amendments, they ripped the teeth out of the bill and took the sunlight provisions out that would’ve disclosed all of the Memorandums of Understanding between the Commonwealth and the feds. Why would he have done that? The math is pretty simple: the feds didn’t want the bill to pass – even though the bill would’ve done nothing unless the feds violated it, so they went to the VSP to ask them to carry water for them. The VSP went to their good buddy “Police State Bill,” and he decided to emasculate the bill to please the VSP and thus the feds.

Remember, this is Read more

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

    National Jury Rights Day: September 5th Local Outreach

    Written by: Nathan Cox

    Virginia Cop Block is supporting and will be involved with Fully Informed Jury Association‘s “Jury Right’s Day” this coming Friday, September 5th.

    Virginia Cop Block’s involvement will include making posts on our Facebook page concerning recent examples of Jury Nullification as well as individuals volunteering their time to hand out Jury Rights information outside of local court houses in the Richmond area.

    The Fully Informed Jury Association’s National Press Release about this can be found here.

    As many of you readers already know and understand, Virginia Cop Block is more than just a (decentralized) organization that aims to help hold Law Enforcement and the “Justice” System accountable; we also have a very heavy focus on educating individuals on their civil rights, which is why we created and launched the “Liberty Empowerment Project” a couple of years ago and raised money to print 10,000 “Liberty Empowerment Packets” which included information on the project itself, Virginia Cop Block, Individual Rights, Your rights when dealing with the police, Jury Rights and Helpful information when having to deal with going to court and handling various charges. Volunteers went person to person and door to door in local Richmond Communities handing out this information. The Project was a great success and we just so happen to currently be raising more funds to reprint all of that material. In addition to that project, we also leased out (short lease) two digital billboards in the RVA area that promoted the message of Police Accountability and Jury Nullification.

    If you are interested in joining in on the outreach or for more information on the September 5th outreach see the Facebook Event.
    There will be a major push this coming legislative session to get a Jury Nullification Bill passed, like New Hampshire recently did.
    Fore more information on Jury Rights and Jury Nullification I recommend watching the following videos / reading the following articles:



    NY Times Article about Jury Nullification.
    FlexYourRights.org article on Jury Nullification.
    The Tenth Amendment Center Article on Jury Rights.
    Truth-Out Article about Jury Nullification.
    TheNation.com article on Jury Nullification.

    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

    A Cop Harrassed a Man Walking His Dog – Until This Cop Blocker Showed Up & Owned Him

    THIS is why you record other people’s interactions with the cops.
    THIS is why you KNOW YOUR RIGHTS so you can Flex Your Rights.
    THIS is why you should always be Filming Cops!!!!
    THIS is an EXCELLENT example right here!!!

    According to this recent article on Activist Post, “A man was hassled by a cop for walking his dog at night. A cop-blocking pedestrian came to offer some accountability by simply walking up with his camera. What happens next would be truly funny if it weren’t for the fact that the bullying tactic often works to harm many Americans.


    This infuriated the cop who demanded to know the man’s name. “Am I being detained?” was all the man repeated in a respectful manner, also emphasizing that he does not consent to answer questions.

    But this citizen knew his rights. That he doesn’t have to answer questions unless he is being detained or suspected of a crime.”

    Read the rest of the article here.