Davis family files major federal civil rights lawsuit against transit cops, the MPD, the U.S. Attorney, and four "Superior" court judges. Click on the file below to read the Davis family lawsuit. Although the federal judge who authorized the suit dismissed it as it pertained to the four judges, on the basis that they enjoy "absolute immunity," we quickly filed for a correction since none of the acts committed by them where "judicial," such as holding a person to stand trial when they were never arrested and charged with any offense by the police, or issuing search warrants of people's homes to security guards.  

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 RESISTANCE=REPRESSION=RESISTANCE

     On April 18th, Solomon Davis scored a knock out of one Jim Crow prosecution, only to find himself and his brother confronting new ones within less than a week. On April 24th, the Davis home came under a heavily armed assault by MPD and transit cops, this time to "look for drugs," resulting in Solomon and his brother being seized for the discovery of a sandwich bag with marijuana residue. They are due to appear in DC "Superior" court on May 13th, for arraignment on charges of possession, of course, ITJ will be there and on the case. Solomon is still the champ and is soon to be a two-time champion, and his brother will score his first knock out of Jim Crow.

      Less than a week after the government was forced by the resistance of Solomon Davis to drop its malicious prosecution against him, a force of MPD and transit cops conducted another illegal armed invasion of the Davis home.  The first time the Davis home was invaded was by transit cops alone, with a search warrant, to search of "guns."  This time they came with a few MPD officers in the lead, this time to look for "Narcotics" and "evidence of the manufacturing and packaging of narcotics," based on nothing more than pure instantaneous fabrication. Judy Davis says that the police showed up at her door this time with a big riot shield that had headlights on it, that blinded her as she opened her door and the MPD led the way in at gun point. Judy and her children were all cuffed and made to sit and watch as transit officers once again ransacked their home. 

     Supposedly finding a "zip" with some marijuana residue in it, the MPD officers from the 5th District, seized and took Solomon and his brother Tavares, charging them both with the "zip" of marijuana residue. In addition to finding the "zip" with the marijuana residue, the police found other "empty zips" (sandwich bags), a digital scale, mail, and U.S. currency. These two young black men are now being vexed with having to appear in court on for no reason under the law, for DC residents are allowed to possess less than an ounce in their homes, there is no law against buying and possessing sandwich bags, a digital scale, or receiving U.S. mail or possessing U.S. currency. And possessing any one of them, or all of them together is not sufficient to establish reasonable suspicion of crime, more less probable cause. 

     This development is nothing less than retaliation, born in great part out of the need to try repressing Solomon from pursuing redress for the criminal and civil violations committed in the first case. We plan to determine the identity of the judge who issued the warrant, for this is yet another Skank on the bench   another round of malicious prosecution. As in the first instance, the following  the prior case could not be dismissed "without prejudice" since there was never a case, the U.S. Attorney and Judge Lee knew this, but did so any way in order to bring it back on this subsequent action in hopes of getting a guilty plea of some sort out of Solomon;

  • as in the prior case, the search warrant here was illegally sought and issued, the Davis family was not the subject of any criminal investigation;
  • as in the prior case, the issue here is who authorized the MPD to go around deputizing transit police or anyone else to act as police in the city;
  • as in the prior case, we once again might see the U.S. Attorney instigate  malicious prosecution against Solomon and Tavares, with judges of the court going along.

     

Metro: Policing in Da' Hood     

The Patti-Roller Policing of Black DC     

     During the era of chattel-slavery the entire white population was mobilized to prevent escapes and rebellions, armed groups of white men patrolled the roads looking for blacks who might be trying to escape. We fast forward to present day DC, where the policing authority for the city is supposed to be the Metropolitan Police Department, but for the black community it can be off-duty U.S. Park Police, Homeland Security, or even the Metro Transit police. This is a serious problem racism and illegal practices, only the MPD is authorized to "police" in the city. For years now the public has been misinformed that anyone  with a gun, badge, and the word "police" in their name can police in the black communities of DC. 

Murdered by Vigilante Off-duty Park Police in Trinidad

     In 2009, six white off-duty U.S. Park Police followed Trey Joyner into an alley in the Trinidad neighborhood of DC and killed him with seven bullets in his back. Even though Trinidad is not a federal park, officials treated the matter as a police shooting, deliberately confusing the "power to arrest" with the authority to police. Just as the MPD is not authorized by law to police in a federal park, Park police are not authorized by law to police in the general public. The six white men where placed on "administrative leave" with pay, as if they were MPD, and cove-up by the U.S. Attorney. When we raised the issue at the time of the killing, officials then tried to claim that the officers where policing under "operation Safe Streets," which was not true, the program does not provide for it. And they could not have been policing as deputies of the MPD, for the law does not provide for that either. 

     The six white men were nothing more than racist vigilantes, the only plausible explanation for their group presence in that neighborhood is that they were there visiting or coming to aid one of their white gentrifyer friends, but it definitely had nothing to do with the law. Those men have been arrested and prosecuted for murder, conspiracy to commit murder, and impersonating police officers. Instead, all six are cleared under a silent "legit kill" by the MPD, the FBI, and DOJ. The identities of these racist vigilantes remains unknown to the public, now a common practice by the MPD and other "law enforcement" agencies, a total avoidance of public accountability.(sources: City Paper, PCJF, FBI)

  PLAYING POLICE IN THE HOOD, NOT ON THE TRAINS 

     Solomon Davis, a 19-year old student, was riding his bike one day when a DC Transit cop cruiser came up on his side and hit him, knocking him over a fence and scaring up his arm. Soloman had earphones on, so did not hear the car as it sped up on him, he said he only felt it as it hit his bike. Solomon was several blocks away from the nearest "transit zone," and so where the Transit cops starting to surround him. According to the police report a young black male had snatched a person's cell p"hone and ran, and according to the police report, the suspect did not look anything like Solomon, nor did the suspect flee on a bike. The victim of the robbery was driven by to make an identification and told the cops that Solomon was not the guy, but instead of releasing him, the Transit cops continued to hold him, eventually taking him to a police station and turning him over to DC police.

     Solomon is a high-school senior, a good student and a member of the basketball team, respectful, a bit shy, and soft spoken. Solomon has never had any involvement with crime or any type of criminal activity. However, after the transit cops knew that they had assaulted an innocent person, they fabricated a claim of finding a gun, first just some place in the alley, then two weeks later changed it to being up under Solomon's bike, which was up under the transit cop's cruiser.The DC police that showed up did do not even question the authority of the transit cops, did not make sure Solomon was released from the grip of the police impersonators and in fact, left him at their mercy once they learned they had the wrong person.

    Exactly two-weeks later, transit cops went to senior DC "Superior" court judge Roger Wertheim to obtain a search warrant for the Davis home to look for 'guns,"  and were given one. At about 6 a.m,Solomon's family recalls being awaken by the sudden violent banging on their front door, as if someone was trying to break in, accompanied by loud commands from the other side to "open this door now!" However, before anyone inside could reach the door, it flew open out of its frame. A dozen masked transit cops then poured into the door, guns drawn and threateningly pointed at the heads of Solomon's mother, sister, and brother. They were all made to lay face down on the floor at gun point and then cuffed, no MPD were present that time. The law in DC on search warrants is pretty clear and straight-forward, and certainly should have been understood by a senior judge, for it strictly prohibits search warrants being issued to anyone accept the chief of police or the MPD.

     Solomon was never arrested or charged with any offense by the MPD, they merely handled for the transit cops when they illegally brought him to the precinct. It was the  transit cops who were initiation the prosecution, even though they are not MPD, but the armed security for a private corporation. They have no arrest or charging powers, no special access to the U.S. Attorney over the citizenry. That the U.S. Attorneys' failure to recognize this major flaw is beyond believable, the same applies to Rodney Wertheim issuing a search warrant to them. However, it gets even worse, because a second illegal search warrant was recently issued on the Davis home, this time for drugs, the raid being lead by MPD, but consisting primarily of transit officers. 

     By law the role of the judge in all criminal matters is to first determine if there is "probable cause" for an arrest or to issue a warrant, this is supposed to serve the purpose of protecting the people from corrupt and abusive police and prosecutors, to make sure that no one is subjected to a malicious prosecution. Judges must find probable cause or otherwise dismiss the matter, which in Solomon's case was to determine whether there was probable cause to reasonably believe that Solomon possessed the gun allegedly found by the Transit cops. Even if they did find a gun, its was on or near a "transit zone," and even then they would still have to have the MPD make the arrest.

     Solomon's mother came to ITJ for help as the court appointed attorney appeared hell-bent on getting Solomon to plead guilty. A petition to "Dispel and Dismiss" the matter as malicious and illegal was prepared and Solomon presented it to the judge, Heidi Pasicow. Solomon's court appointed pretender, Daniel Dorsey, tried to convince Solomon that there was probable cause because the police said they found the gun "under the bike," which is not true. In the police report they claimed to find the gun under the police cruiser, but then placed it under the bike in the affidavit for the search warrant. When Solomon attempted to express his concerns to Pasicow she refused to listen, refusing to read the petition before giving it back to Solomon. Pasicow then declared that she was denying Solomon's "motion," but he had not made any motion, he petitioned the court to establish probable cause or dismiss as required by law, it had no jurisdiction to even be entertaining a prosecution in this matter.

This is just another example of how Jim Crow continues, separate and inequitable, without any respect for Solomon's rights, he is being lynched. From the Transit cops to the judge, they all know that they are acting on a lie, through lies, to commit the lie that there has ever been any "justice" in America for those not really American. Had Pasicow taken and read the petition she would have been informed that her refusal to comply was not optional under the law, and that doing so would automatically trigger appellate review, prompting an automatic stay of the prosecution since there is a challenge on jurisdictional grounds. However, we have no more reason to expect justice from the DC Appeals court than we do with the "Superior" court, we establish this as a matter of fact in case after case. 

This family needs the support of the community, this is a problem that effects us all, just a few months ago the Washington Lawyer's Committee released a report "Racial Disparities in Arrests" in DC, which found that over 80% of all arrests in DC from 2009 to 2012 were of black people. At the same time the Washington ACLU office released its report showing that over 80% of all arrests for marijuana in DC are of black people. This means that over 80% of all prosecutions in DC are of black people, over 90% of them result in conviction by way of a guilty plea, and a close examination would probably reveal that over half of them lacked probable cause. By not protecting the rights of black people from abuses by police and prosecutors, they acting as an accomplice that coerces the victim into submission. Innocence is irrelevant, just as is the fact that there is no case, and that it is evident in many of the cases that it is the police who are committing crimes against black people.