City of Newport News, Va Police Department crosses line and violates Ms. Banks Civil Rights 2013

Merle T. Rutledge Jr calls for a investigation into the Civil Rights Violations of Tamiko Rakeeena Banks against City of Newport News, Va Police Department and officers!

Public Information Act/FOIA request and Call by Merle T. Rutledge Jr into the allegations of civil rights violations of Tamiko Rakeena Banks Inbox 
Add star MERLE RUTLEDGE <merletrutledge@gmail.com> Mon, Aug 5, 2013 at 5:10 PM
To: “Sugg, Lynn A.” <lsugg@nngov.com>, city <city@nngov.com>, council@nngov.com, cityatty@nngov.com
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Hello City of Newport News,

     My name is Merle Rutledge Jr. I am a civil rights activist and
college student at Norfolk State University. I spoke with the young
lady involved Tamiko Rakeena Banks about the illegal search and
seizure, abusive language, forcing her to give up her social security
number, a police officer calling her a crack head, false imprisonment,
unlawful detainment, and wrongful arrest done in Newport News, Va a
couple of weeks ago. She stated that she filed a complaint with the
police department of Newport News and nothing has been done and no
further follow up after asserting her complaint about allegations of
her civil rights being violated. After
speaking with her, I was very much disturbed, annoyed, irritated, and
bothered at the actions of the
Newport News police department and its officers and supervisors. A
clear failure to train, supervise and discipline police officers from the
allegations she stated, that are continuing to occur between officers and African American private citizens. She also went on to state that the
residence was occupied by a lawful person with permission to be there with a key to the place. This was verified to your police department and your officers, whom was then instructed to leave the private property, which the officers did not do, even though they had no legal justification for still being on the property. 
There was no criminal activity or reasonable suspicion to detain this
young woman from her allegations. I believe the City of Newport News,
Va owes her a apology and definitely should open up a thorough and
complete investigation into the actions of these officers. I never
heard of police threatening, creating physical injury where no
physical force was needed, handcuffing, and using abusive language to
someone that was not involved in no criminal activity on private
property. I expect swift action in regards to this incident and
definite follow up on what the City of Newport News, Va is willing to
do to right the wrong that was done here to this beautiful woman. I am notifying all media
outlets so that it is consistent pressure to bring the officers
involved to justice for possible violations of her civil rights. .
     

     Firstly, I am asking and requesting the Newport News City Police
Department re investigate this matter with the seriousness that is due, along with the City Attorneys
office. This incident should have never happen to no one and she has went
weeks or more feeling a huge void at the treatment, including pain to her body
because of the excessive force used, and the terrible and lack of judgment in
response
by the Newport News Police Department in regards to this incident. There is a difference
between negligence and gross negligence.
Also, Im filing this letter as a Virginia Freedom of Information
Act request to have the 911 calls or dispatch calls made by Newport
News, Va Police Department and officers in regards to this incident.
Any and all communication related to this incident, I would like to
have a copy or email response with this information. I would like to
see any warrants obtained for the location being searched. I would
like the police report in regards to this illegal search and any use
of force form provided to me by PDF. I would like the estimate of any
costs before going through the effort to retrieve the information that
I have requested. 

     It is also floating around that one of the officers
involved in this incident was transferred from the Hampton Police
Department into your police department after being cited for numerous
displinary problems. Your officers from these allegations appear to
be out of control and need racial sensitivity treatment in regards to
the scope of their employment. She states that one of your officers called her a crack head and
having no proof of her being on those drugs, goes beyond common decency or duty for his job as a state actor. She states that she asked the officer why she called her a crack head and that was because she looked like one. Such bigotry should not be condone or allowed in any police department. I
expect corrective actions and the right thing done to make Ms. Banks whole
again, as if this situation had never happen.

Secondly, I would like to thank you for your time and consideration in
regards to this matter and look forward to a timely response within 5
days and if more
time is needed than a letter requesting for such extension would be
preferred.

In conclusion, I look forward to your timely response.

Thank you for your time,

Merle T. Rutledge Jr
Civil Rights Activist
merletrutledge@gmail.com
Contact number is – 757-692-3571
Chatham, Va

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Norfolk, Va Police Officers Plaza and Tessier discipline for civil rights violations for illegal stop of Merle Rutledge Jr and Vernon C. Evans-El!

Breaking News: The Norfolk, Va Police Department has discipline two more corrupt officers Tessier and Plaza. This brings the Merle T. Rutledge Jr holding officers accountable total to 27. This is based off the illegal stop and harrassment done by these Norfolk, Va Police Officers of Merle Rutledge Jr and Vernon C. Evans – El.

Merle T. Rutledge Jr

and

Vernon C. Evans-El
plaintiffs,

vs.
Officer Plaza, Norfolk, Va Police Department officer, sued in his individual and
official capacity
And

Officers Tessier, Norfolk Va Police Department officer, sued in his
individual and official capacity
And

City of Norfolk, Va
And

John Doe 3, supervisor of the Norfolk, Va Police Department officer,
sued in his individual and official capacity

Defendants,

BRIEF OF ALLEGATIONS
On 1/6/2013. Merle T. Rutledge Jr and Vernon Evans-El was pulled over
by Norfolk Police Department officers alongside Monticello and another
street between the hours of 3 and 5pm in the City of Norfolk, Va. After being pulled over illegally by Officers Plaza and Tessier, We was
told that my 2013 registration sticker was peeled as being the reason
for the stop. During the stop they ran my license and called up the
City of Norfolk, Va impound to see if the car was taken legally and
was in the rightful possession of Merle T. Rutledge Jr. The officers claim that they got a hit on my license plate that the vehicle was abandoned. There was
nothing legally wrong with my plates or with my car in the
Commonwealth of Virginia. Also on the same date in which my car was
picked up from the City of Norfolk, Va impound. I had new
registration stickers, inspection sticker and decals put on the car which was
paid for at the Virginia DMV office in Norfolk, Va on November 14, 2012.  The stop occured in regards to this complaint on January 6, 2012.  All checks
showed that Merle T. Rutledge Jr was the rightful person in possession
of the car, he had no warrants for arrest, and the car was not abandon. During the stop a Officer Tessier asked Vernon Evans-El for identification. Vernon C. Evans-El
gave her his real legal full name, which the City of Norfolk, Va city
attorney office, as well as the City of Norfolk, Va police department
had documentation that Vernon C. Evans-El had legally changed his name
in 2009 in the Circuit Court for the City of Norfolk, Va. Officer Tessier was not satisfied with Vernon Evans-El and threaten to take
him into custody if he did not give up his social security number.
Under threat of force, arrest, and being taken into custody by Officer Tessier, Vernon
Evans-El gave her his social secuirty number. It showed no warrants
on Evans-El, but Evans-El refused to give up his social security
number until he was threaten with force, arrest, and being taken into
custody. There is no Virginia law that states police officers are
able to obtain social security numbers or make these types of threats unless they can cite a specific statute or law that allows for such invasion of privacy.
During this exchange after Merle T. Rutledge Jr was told he could
leave by Officer Plaza. The lady officer told Merle T. Rutledge Jr that he had to
stay, even though Merle Rutledge Jr, asked clearly was he free to
leave after the male officer gave him back his license and told
Mr. Rutledge that he could go. There was no legal justification for Officer Tessier to deny Mr. Rutledge Jr right of movement and to illegal seize him after Officer Plaza said that he could go. Merle T. Rutledge Jr asked the female officer was he being detained and was he not free to leave.
Officer Tessier said yes that he was not free to leave. Mr. Rutledge requested
to get out the car so he could get cigarettes while the female officer
made threats to Evans-El about his social security number. Officer Tessier stated no Mr. Rutledge could not leave and he would be leaving his car behind if he left to go right up the street to get cigarettes. This was in direct violation of the Privacy Act, 4th and 14th amendment of the United States Constitutioin, and Officer Tessier could not cite any
legal authority that required such disclosure. The
officer repeated to Merle Rutledge Jr that he was not free to leave
which made the stop a unlawful detainer and false arrest in violation of Merle T.
Rutledge Jr right to be free to leave and the seizure became unlawful
for all parties in Merle T. Rutledge Jr car.  Merle Rutledge Jr was than in City of Norfolk, VA police custody without any legal justification.   Merle Rutledge Jr
requested for a supervisor. The male officer Plaza would call the
supervisor to tell him to respond to the scene. However, the male
officer got back out of his car while the lady officer was talking to
Evans-El unwillingly because he also refuse to want to be question by
her after he gave her his real legal name of Vernon C. Evans El. He
tells Merle Rutledge Jr that he can go again and Merle Rutledge Jr
than asks where was the supervisor. This is when he knew that Merle
Rutledge Jr was not leaving until speaking to a supervisor after being
harassed by this woman officer and being told to stay after Merle
Rutledge JR was clear to leave by her fellow officer. I want this
matter investigated fully and the audio tape reviewed. I request the
audio and visual tape of this stop through the Virginia Freedom of
Information Act and any written estimates be forwarded to me by e-mail
or mail of the costs, if any. The female officer violated our 4th and 14th
amendment rights and obtain information through false pretenses from
Evans-El and Mr. Rutledge. Merle T. Rutledge Jr car was unlawfully
stopped because his plates was clear and visible to all officers. On
the audio the lady officer admits to being able to view the stickers
and plates on Mr. Rutledge Jr car. She also said it was my mother
fault for not calling the DMV and clearing it with them that the car
had been picked up from the City of Norfolk, Va impound. However, she
could not cite a statute or anything of such extra requirement in
order for a vehicle to be clear to be on the road without being
harrassed form the Norfolk, Va police department. Also her male
officer, stated to everyone that the car had been legally picked up
and the date in which it was retrieved. We challenged the
duration of this stop and the actions taken up by this police officer
and her supervisors. The 4th amendment violation and
unlawful detainment of Merle T. Rutledge Jr against this officer and
the City of Norfolk, Va police department for allowing a policy that
has become so official to threaten and force identification beyond the
Virginia law. Social security numbers and threatening everyone to
stay even though there was no legal reasoning for them to do so is
against the law and beyond unconstitutional. Prior and constructive
knowledge of these known violations in the City of Norfolk, Va police
department is so widespread to carry the enforcement of law, which is
municipal liability. All the evidence is on Norfolk, VA police
officers video and audio. This officer continued to violate every
constitutional right during a stop possible. Evans-El was arrested
before for refusal to show identification card when asked on video.
Alton Robinson was arrested after giving his full legal name for
refusing to identify himself. The City of Norfolk, Va department has
refused to correct this problem and supervise and discipline officers
who refuse to follow their instruction, unless none had been given.
This is a City of Norfolk, Va problem not just a police officer
problem.

2. Justice Souter wrote for a unanimous court. He said “a seizure
occurs if ‘in view of all of the circumstances surrounding the
incident, a reasonable person would have believed that he was not free
to leave.’” Brendlin at 4. United States v. Mendenhall, 446 U.S. 544,
554 (1980). A reasonable passenger, during a traffic stop, would not
believe he was free to leave without police permission; a “passenger
will expect to be subject to some scrutiny, and his attempt to leave
the scene would be so obviously likely to prompt an objection from the
officer that no passenger would feel free to leave in the first
place.” Brendlin at 7. United States v. Drayton, 536 U.S. 194, 202
(2002).

3. The male officer had completed his investigation when he told Mr.
Rutledge that he could leave. Due to the female officer having her
head so close to the window and Mr. Rutledge looking after the officer own safety by
asking her if he was free to leave, because he did not want to drive
off and accidentally hit her with his vehicle while engaged in a
conversation with Evans-El. She told Merle Rutledge Jr that he was
not free to leave at all and was not done with her investigation.
Evans-El was not about to be or was involved in any criminal activity
and had no reason to extend the encounter based off her own personal
motivation. Fortunately Merle Rutledge Jr did not leave because he would have been shot to death like Joshua Johnson for possibly trying to hit Police Officer Tessier after she told Mr. Rutledge that he was not free to leave.

4. Until Virginia passes a mandatory Identification card law.
Evans-El cooperated with the police and should have never been
threaten by the assertion of force or being taken into custody to hand
over a identification card and his social security number.

5. All defendants et al. are being sued under U.S.C 1983 42 and for
violations of Merle T. Rutledge Jr 4th and 14th U.S Amendment rights.

6. The supervisor that showed up at the scene tried to intimidate
Evans-El and Mr. Rutledge into not filing a complaint. The supervisor
that showed up to the scene of the traffic stop also
stated to us that a complaint would go nowhere. This is the main
reason why Im complaining against the Supervisor. It is clear that
supervisors in the Norfolk, Va police department constantly tell
citizens by filing a complaint that nothing will happen to them. It
is about time that you showed something will. It shows a complete
lack of respect for the Norfolk, Va internal affairs by your top
decision makers. He was sure to let us know that the actions of his
officers were lawful and it would be upheld by him and top “decision
makers” in the city of Norfolk, Va police department. As of May 13, 2013, the supervisor that came to the scene has yet to be discipline like Officer Plaza and Tessier.

6. A policy exists with the Norfolk, Va Police Department and its
officers that failure to show identification card when asked can have
you detained and put into custody by force, if necessary. No such
state law or ordinance exists that requires mandatory identification
card. The City of Richmond, VA tried a similar ordinance and later
had to throw it out because it was unenforceable.
Relief Sought –
Plantiffs suffered gross negligence, assault, duration of the unlawful
traffic top, unlawful seizure of my person and vehicle, emotional
distress, intimidation, obtaining information under false pretenses,
harassment, humiliation, injury to the plantiffs reputation, violation
of my freedom to travel, false imprisonment, unlawful detainment, and
a fear of police against defendants et al. Also, Plantiff seek
damages for the psychological treatment for the emotional distress
caused for no reason other than incompetence at its greatest by
Norfolk, Va Police Department Officer’s and the City of Norfolk, Va.
Also, I would like a declaration that the Norfolk, Va Police
Department and the City of Norfolk, Va violated my civil rights.

Case Notations and References:

1. Brendlin v. California, 06-8120
2. Ultimately, the Baker court held that even when conducting a
parole search, with no indication that the female passenger has done
anything wrong, the officer may not search the passenger’s bag. The
court held that although the parolee/driver consented in advance to
searches of his person, home and car, people traveling with him do not
give up their right to privacy.

Case Notations and References:

1. Brendlin v. California, 06-8120
2. Ultimately, the Baker court held that even when conducting a
parole search, with no indication that the female passenger has done
anything wrong, the officer may not search the passenger’s bag. The
court held that although the parolee/driver consented in advance to
searches of his person, home and car, people traveling with him do not
give up their right to privacy.  Pictured below is Merle T. Rutledge Jr (1) and (2) Vernon C. Evans-El, Civil Rights Activists!

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Update: Evans-El “Moor” found not guilty on all counts! Federal lawsuit approved to proceed against City of Norfolk, Va police officers!

Update on Vernon Evans-El case.  Evans-El was found not guilty  on all charges.  Evans-El case now rests in U.S Federal Court for the Eastern District of Virginia.  For more details on his case, check out my blog!  I’ve been with him every step of the way and justice was decided in his favor.  I wish him much success in his future endeavors in combating police misconduct and government abuse in the Norfolk, Va area.  I will be looking into the matter of Michael Elder and his on going battle with the justice system in Henry County and Martinsville, Va area.  There are issues surrounding his case that have left deep seeded questions of judicial integrity in our Virginia court system.  I asked him the same question that I would ask anyone that I come in contact with on particular civil rights matters.  Are you ready for a long fight?  Elder said, “Yes!”  I look forward to getting into the fox holes of police misconduct and government abuse, no matter where it exists!  Evans-El is pictured below.

 

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Norfolk, Va police discriminates against Moor religion!

On 4/20/2012, I would see the Norfolk Police Department in Virginia
and the Urban Planning and Zoning officials for the City of Norfolk at
934 Reservoir Ave in the very early morning time between 9am to
10:30am. They had a man name Vinson Evans-El  handcuffed and sitting
on the ground. I did not immediately know the circumstances of the
Norfolk, Va police officers need to be at the resident because I had
to go to a class at NSU. Once, I arrived back, I saw the man that was
handcuffed still at his house talking to neighbors in regards to what
happen at the residence and what lead to his arrest. The man is a
Moor, a Islam link religious group and has been recognized only by the
newspaper as paper terrorists for their numerous filings in Virginia
Courts, claiming a jurisdictional and other problems with dealing with
court matters that involved them. He told me that he was arrested
after refusing to give consent without a warrant by the police and
zoning officials to enter the home. He lives at the dwelling of 934
Reservoir Ave. He had every right to refuse consent to gain entry
into the house. He also notes that the police wanted him to identiy
himself and he did by stating his name to the officers. The officers
asked him for identification by means of a Virginia State I.D card.
He refused because he had already stated his real name to the police
and zoning officers for the City of Norfolk, Va. The police told him
to either produce I.D or face arrest. Evans-el informed the police
that he had already identify himself and that their is no State
requirement for produce a I.D. card to police officers (Rutledge vs.
Town of Chatham VAWD court decision in Danville, Va). He than went to
produce identification for the police officer’s and they saw his I.D.
He was than pushed against the wall and placed in handcuffs after
stating along with his I.D that he was a Moor. He did not resist
arrest. While under arrest and in handcuffs, police officers told him
that he was not under arrest but was being detained only. They mocked
his religion with statements of disrespect. Evans-el continue to ask
for respect for his religion over and over again and even tried to
give the police officers background into his religion while in
handcuffs. Evans-el was written up for two fines that was related to
934 Reservoir Ave, which is also copied and a written claim has been
filed in the City Attorney office for the City of Norfolk, Va on
4/20/2012, for solid waste in the back of the house left exposed in
the backyard, and for a house not being zoned or given permission by
the City of Norfolk, Va to be a boarding house. Two matters that did
not have the enforcement of arrest and only a summons. I looked at
the mans arm and I saw a cut above his wrist and marks from the
handcuffs being placed on him. After he told me about the incident,
he asked me for a ride to City Hall to file a formal complaint and
claim against the City of Norfolk. He filed it with the secretary of
the Law department for the City of Norfolk on the 9th floor of the
Norfolk, Va city hall government building. After filing his
complaint, I asked for the City Manager or Assistant City Manager, in
order to discuss the policy about whether it was a requirement that
someone produce I.D card in leiu of verbal identification or be
subjected to arrest or the threat of it by Norfolk, Va Police
Department officers. I have yet to receive a response in regards to
this issue. I also issue a FOIA statement for all papers, warrants,
documents, or video recordings made during the arrest of Vinson
Evans-el. The police also told Evans-el while under arrest that he
was being recorded by audio device. I would like to hear and confirm
this audio recording.
On the same date, Evans-el ask me to take him to the 1st Precinct
Police Department for the City of Norfolk off of Granby Street. After
he arrived, he spoke with detectives and investigaters for the City of
Norfolk, in regards to his allege false arrest and violations of his
4th and 14th U.S Amendment Constitutional rights. They asked about
his name and the EL part on the end. The police department
dectectives said they knew about his religion and mocked it once
again. They even noted to him that they would have put him under
arrest if they was there. After Evans-el mention that he would file a
lawsuit in protest of his arrest, they finally decided to do their job
and take a formal complaint. He left the office with a complaint form
showing proof that he had filed a formal complaint.
I have concern about his arrest and the respect shown to Evans-El
because of his religious ties in the community. I am Christain and it
maybe many that may mock or not agree with my principles, however I
deserve the same respect and courtesy of my freedom of religion, just
like they have theres. I do not know of any religion that seeks to do
harm, and only tortfeasors of those religions should be held
accountable for their acts if it goes against the law of the U.S.
However, to be a Moor should not be held as a factor of whether you
take a complaint serious or not. If a Muslim or any other faith based
organization that I do not agree with their religious views told me
the same story, I will still be sending this letter stating that they
deserve the utmost respect. I ask for a re investigation of the
events at 932 and 934 Reservoir Ave Norfolk, Va in regards to
Evans-El. The Norfolk, Va Police department officers should be given
training on how to handle those that do not share their similar
religious views, treated with respect, dignity, and with Equal
Protection of the Law. It was too bad I could not stay and hear the
exchange between the Norfolk, Va Police Department officers and
Evans-el, so I write this in light of what has been told to me, and I
do not use this as a matter to draw out any legal conclusions, the
fact finders from all sides are left with that job. I am here only to
give awareness and constructive knowledge to Norfolk, Va city
officials and its agents. I want his matter taken serious and I plan
to be at the next City Council meeting to share my concerns in regards
to this matter. I know Evans-El, from speaking to him in regards to
this matter, has strong religious views. However, making exception
for his religious views and going by what has happen as it is applied
to federal and state statute, the matter needs to be reviewed and not
evaded. I look forward to my follow up answer and my Virginia FOIA
requests being answered.Thank you for your time,

Merle T. Rutledge Jr
Civil Rights Activist

Norfolk, Va 23504

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